Am. Sub. H. B. No. 86 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 86

Representatives Blessing, Heard

Cosponsors: Representatives Uecker, Slaby, Amstutz, Anielski, Antonio, Barnes, Beck, Blair, Boose, Boyd, Brenner, Bubp, Buchy, Carney, Celeste, Clyde, Coley, Combs, Derickson, Dovilla, Driehaus, Duffey, Fedor, Foley, Garland, Gonzales, Grossman, Hackett, Hagan, C., Henne, Luckie, Mallory, Martin, McClain, McGregor, McKenney, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Okey, Patmon, Peterson, Pillich, Ramos, Schuring, Sears, Sprague, Sykes, Szollosi, Thompson, Winburn, Yuko Speaker Batchelder

A BILL

To amend sections 109.42, 307.93, 309.18, 341.12,

926.99, 1333.99, 1707.99, 1716.99, 2151.312,

2151.354, 2152.02, 2152.021, 2152.10, 2152.11,

2152.12, 2152.13, 2152.14, 2152.17, 2152.22,

2152.26, 2301.27, 2301.30, 2903.01, 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, 2923.01, 2923.31, 2925.01,

2925.03, 2925.05, 2925.11, 2929.01, 2929.11,

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, 5139.01, 5139.05,

5139.06, 5139.20, 5139.43, 5139.51, 5149.01,

5149.10, 5149.31, 5149.32, 5149.33, 5149.34, and

5149.36, to enact new sections 2151.56, 2151.57,

2151.58, and 2151.59 and sections 307.932,

2151.351, 2152.51, 2152.52, 2152.53, 2152.54,

2152.55, 2152.56, 2152.57, 2152.58, 2152.59,

2301.271, 2929.143, 2951.022, 2967.19, 5120.035,

5120.036, 5120.113, 5120.114, 5120.115, and

5149.311, and to repeal sections 2151.56, 2151.57,

2151.58, 2151.59, 2151.60, and 2151.61 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

100

Department to develop a reentry plan for each

101

inmate committed to the Department who was not

102

sentenced to a term of life without parole or a

103

sentence of death and who is expected to be

104

imprisoned for more than 30 days; to revise the

105

procedures governing the Department's issuance of

106

an inmate identification card upon an inmate's

107

release and the use of such a card to obtain a

108

state identification card; to authorize, instead

109

of require, the Department to discontinue subsidy

110

payment to a political subdivision that reduces

111

local funding for corrections by the amount of a

112

community-based corrections subsidy or that uses a

113

subsidy for capital improvements; to require the

114

Department, together with the Department of

115

Alcohol and Drug Addiction Services, to develop an

116

implementation plan related to funding through the

117

federal Second Chance Act related to community

118

reentry of offenders; to adopt a single validated

119

risk assessment tool to be used by courts,

120

probation departments, and the Department of

121

Rehabilitation and Correction to evaluate risk

122

levels of offenders; to provide judges the option

123

of risk reduction sentencing to allow for early

124

release of prisoners who complete treatment and

125

programming while incarcerated; to require

126

offenders convicted of or pleading guilty to a

127

felony of the fourth or fifth degree that is not

128

an offense of violence to serve community control

129

sanctions; to create the offense of trespass in a

130

habitation of a person when any person other than

131

an accomplice of the offender is present or likely

132

to be present; to change the sentencing structure

133

for felonies of the first and third degree; to

134

restrict sentencing to community-based

135

correctional facilities to offenders who are a

136

high risk to reoffend; to reduce duplication of

137

probation supervision resources and to require

138

probation departments to provide a monthly report

139

with statistical data to the Department of

140

Rehabilitation and Correction; to require the

141

Department of Rehabilitation and Correction to

142

establish and administer the probation improvement

143

grant and the probation incentive grant; to

144

require a county and the Juvenile Court that

145

serves the county to prioritize the use of the

146

moneys in the county treasury's Felony Delinquent

147

Care and Custody Fund to research-supported,

148

outcome-based programs and services; to clarify

149

when a delinquent child committed to the

150

department of youth services generally may be

151

granted a judicial release; to authorize judicial

152

release for a delinquent child committed to the

153

department when the commitment includes a period

154

of commitment imposed for certain specifications;

155

to establish procedures for determining the

156

competency to participate in the proceeding of a

157

child who is the subject of a complaint alleging

158

that the child is an unruly or delinquent child or

159

a juvenile traffic offender and procedures for a

160

child to attain competency if the child is found

161

to be incompetent; to establish an interagency

162

task force to investigate and make recommendations

163

on how to most effectively treat delinquent youth

164

who suffer from serious mental illness or

165

emotional and behavioral disorders; to eliminate

166

mandatory requirements that a court transfer

167

certain alleged delinquent children to adult

168

court; to provide the court discretion on whether

169

or not to commit a child to the Department of

170

Youth Services if the child is adjudicated a

171

delinquent child for committing an act that would

172

be a felony if committed by an adult and if the

173

child is guilty of certain specifications; to

174

specify that a child is eligible for a serious

175

youthful offender disposition only if the case was

176

not transferred out of juvenile court and the

177

child is adjudicated a delinquent child for

178

committing an act that would be a felony if

179

committed by an adult, was 14 years of age or

180

older when the act was committed, and is eligible

181

for a serious youthful offender disposition based

182

on the child's age and the level of felony

183

charged; to repeal the interstate compact on

184

juveniles and enact the interstate compact for

185

juveniles; and to conform the Ohio Criminal

186

Sentencing Law with the Ohio Supreme Court's

187

decision in State v. Foster.

188

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

Section 1. That sections 109.42, 307.93, 309.18, 341.12,	189
926.99, 1333.99, 1707.99, 1716.99, 2151.312, 2151.354, 2152.02,	190
2152.021, 2152.10, 2152.11, 2152.12, 2152.13, 2152.14, 2152.17,	191
2152.22, 2152.26, 2301.27, 2301.30, 2903.01, 2909.03, 2909.05,	192
2909.11, 2911.12, 2913.01, 2913.02, 2913.03, 2913.04, 2913.11,	193
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	194
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	195
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21,	196
2921.13, 2921.34, 2921.41, 2923.01, 2923.31, 2925.01, 2925.03,	197
2925.05, 2925.11, 2929.01, 2929.11, 2929.13, 2929.14, 2929.15,	198
2929.16, 2929.20, 2929.26, 2929.34, 2930.12, 2930.16, 2930.17,	199
2950.99, 2951.041, 2951.08, 2967.05, 2967.14, 2967.193, 2967.28,	200
2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.16, 5120.331,	201
5120.48, 5120.59, 5120.60, 5120.66, 5139.01, 5139.05, 5139.06,	202
5139.20, 5139.43, 5139.51, 5149.01, 5149.10, 5149.31, 5149.32,	203
5149.33, 5149.34, and 5149.36 be amended and new sections 2151.56,	204
2151.57, 2151.58, and 2151.59, and sections 307.932, 2151.351,	205
2152.51, 2152.52, 2152.53, 2152.54, 2152.55, 2152.56, 2152.57,	206
2152.58, 2152.59, 2301.271, 2929.143, 2951.022, 2967.19, 5120.035,	207
5120.036, 5120.113, 5120.114, 5120.115, and 5149.311 of the	208
Revised Code be enacted to read as follows:	209

Sec. 109.42. (A) The attorney general shall prepare and have	210
printed a pamphlet that contains a compilation of all statutes	211
relative to victim's rights in which the attorney general lists	212
and explains the statutes in the form of a victim's bill of	213
rights. The attorney general shall distribute the pamphlet to all	214
sheriffs, marshals, municipal corporation and township police	215
departments, constables, and other law enforcement agencies, to	216
all prosecuting attorneys, city directors of law, village	217
solicitors, and other similar chief legal officers of municipal	218
corporations, and to organizations that represent or provide	219
services for victims of crime. The victim's bill of rights set	220
forth in the pamphlet shall contain a description of all of the	221
rights of victims that are provided for in Chapter 2930. or in any	222
other section of the Revised Code and shall include, but not be	223
limited to, all of the following:	224

(1) The right of a victim or a victim's representative to	225
attend a proceeding before a grand jury, in a juvenile case, or in	226
a criminal case pursuant to a subpoena without being discharged	227
from the victim's or representative's employment, having the	228
victim's or representative's employment terminated, having the	229
victim's or representative's pay decreased or withheld, or	230
otherwise being punished, penalized, or threatened as a result of	231
time lost from regular employment because of the victim's or	232
representative's attendance at the proceeding pursuant to the	233
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	234
2945.451 of the Revised Code;	235

(2) The potential availability pursuant to section 2151.359	236
or 2152.61 of the Revised Code of a forfeited recognizance to pay	237
damages caused by a child when the delinquency of the child or	238
child's violation of probation or community control is found to be	239
proximately caused by the failure of the child's parent or	240
guardian to subject the child to reasonable parental authority or	241
to faithfully discharge the conditions of probation or community	242
control;	243

(3) The availability of awards of reparations pursuant to	244
sections 2743.51 to 2743.72 of the Revised Code for injuries	245
caused by criminal offenses;	246

(4) The right of the victim in certain criminal or juvenile	247
cases or a victim's representative to receive, pursuant to section	248
2930.06 of the Revised Code, notice of the date, time, and place	249
of the trial or delinquency proceeding in the case or, if there	250
will not be a trial or delinquency proceeding, information from	251
the prosecutor, as defined in section 2930.01 of the Revised Code,	252
regarding the disposition of the case;	253

(5) The right of the victim in certain criminal or juvenile	254
cases or a victim's representative to receive, pursuant to section	255
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	256
name of the person charged with the violation, the case or docket	257
number assigned to the charge, and a telephone number or numbers	258
that can be called to obtain information about the disposition of	259
the case;	260

(6) The right of the victim in certain criminal or juvenile	261
cases or of the victim's representative pursuant to section	262
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	263
terms set by the court as authorized under section 2930.14 of the	264
Revised Code, to make a statement about the victimization and, if	265
applicable, a statement relative to the sentencing or disposition	266
of the offender;	267

(7) The opportunity to obtain a court order, pursuant to	268
section 2945.04 of the Revised Code, to prevent or stop the	269
commission of the offense of intimidation of a crime victim or	270
witness or an offense against the person or property of the	271
complainant, or of the complainant's ward or child;	272

(8) The right of the victim in certain criminal or juvenile	273
cases or a victim's representative pursuant to sections 2151.38,	274
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	275
receive notice of a pending motion for judicial release, release	276
pursuant to section 2967.19 of the Revised Code, or other early	277
release of the person who committed the offense against the	278
victim, to make an oral or written statement at the court hearing	279
on the motion, and to be notified of the court's decision on the	280
motion;	281

(9) The right of the victim in certain criminal or juvenile	282
cases or a victim's representative pursuant to section 2930.16,	283
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	284
of any pending commutation, pardon, parole, transitional control,	285
discharge, other form of authorized release, post-release control,	286
or supervised release for the person who committed the offense	287
against the victim or any application for release of that person	288
and to send a written statement relative to the victimization and	289
the pending action to the adult parole authority or the release	290
authority of the department of youth services;	291

(10) The right of the victim to bring a civil action pursuant	292
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	293
from the offender's profit fund;	294

(11) The right, pursuant to section 3109.09 of the Revised	295
Code, to maintain a civil action to recover compensatory damages	296
not exceeding ten thousand dollars and costs from the parent of a	297
minor who willfully damages property through the commission of an	298
act that would be a theft offense, as defined in section 2913.01	299
of the Revised Code, if committed by an adult;	300

(12) The right, pursuant to section 3109.10 of the Revised	301
Code, to maintain a civil action to recover compensatory damages	302
not exceeding ten thousand dollars and costs from the parent of a	303
minor who willfully and maliciously assaults a person;	304

(13) The possibility of receiving restitution from an	305
offender or a delinquent child pursuant to section 2152.20,	306
2929.18, or 2929.28 of the Revised Code;	307

(14) The right of the victim in certain criminal or juvenile	308
cases or a victim's representative, pursuant to section 2930.16 of	309
the Revised Code, to receive notice of the escape from confinement	310
or custody of the person who committed the offense, to receive	311
that notice from the custodial agency of the person at the	312
victim's last address or telephone number provided to the	313
custodial agency, and to receive notice that, if either the	314
victim's address or telephone number changes, it is in the	315
victim's interest to provide the new address or telephone number	316
to the custodial agency;	317

(15) The right of a victim of domestic violence to seek the	318
issuance of a civil protection order pursuant to section 3113.31	319
of the Revised Code, the right of a victim of a violation of	320
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	321
of the Revised Code, a violation of a substantially similar	322
municipal ordinance, or an offense of violence who is a family or	323
household member of the offender at the time of the offense to	324
seek the issuance of a temporary protection order pursuant to	325
section 2919.26 of the Revised Code, and the right of both types	326
of victims to be accompanied by a victim advocate during court	327
proceedings;	328

(16) The right of a victim of a sexually oriented offense or	329
of a child-victim oriented offense that is committed by a person	330
who is convicted of, pleads guilty to, or is adjudicated a	331
delinquent child for committing the offense and who is in a	332
category specified in division (B) of section 2950.10 of the	333
Revised Code to receive, pursuant to that section, notice that the	334
person has registered with a sheriff under section 2950.04,	335
2950.041, or 2950.05 of the Revised Code and notice of the	336
person's name, the person's residence that is registered, and the	337
offender's school, institution of higher education, or place of	338
employment address or addresses that are registered, the person's	339
photograph, and a summary of the manner in which the victim must	340
make a request to receive the notice. As used in this division,	341
"sexually oriented offense" and "child-victim oriented offense"	342
have the same meanings as in section 2950.01 of the Revised Code.	343

(17) The right of a victim of certain sexually violent	344
offenses committed by an offender who also is convicted of or	345
pleads guilty to a sexually violent predator specification and who	346
is sentenced to a prison term pursuant to division (A)(3) of	347
section 2971.03 of the Revised Code, of a victim of a violation of	348
division (A)(1)(b) of section 2907.02 of the Revised Code	349
committed on or after January 2, 2007, by an offender who is	350
sentenced for the violation pursuant to division (B)(1)(a), (b),	351
or (c) of section 2971.03 of the Revised Code, of a victim of an	352
attempted rape committed on or after January 2, 2007, by an	353
offender who also is convicted of or pleads guilty to a	354
specification of the type described in section 2941.1418,	355
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	356
the violation pursuant to division (B)(2)(a), (b), or (c) of	357
section 2971.03 of the Revised Code, and of a victim of an offense	358
that is described in division (B)(3)(a), (b), (c), or (d) of	359
section 2971.03 of the Revised Code and is committed by an	360
offender who is sentenced pursuant to one of those divisions to	361
receive, pursuant to section 2930.16 of the Revised Code, notice	362
of a hearing to determine whether to modify the requirement that	363
the offender serve the entire prison term in a state correctional	364
facility, whether to continue, revise, or revoke any existing	365
modification of that requirement, or whether to terminate the	366
prison term. As used in this division, "sexually violent offense"	367
and "sexually violent predator specification" have the same	368
meanings as in section 2971.01 of the Revised Code.	369

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	370
prosecuting attorney, assistant prosecuting attorney, city	371
director of law, assistant city director of law, village	372
solicitor, assistant village solicitor, or similar chief legal	373
officer of a municipal corporation or an assistant of any of those	374
officers who prosecutes an offense committed in this state, upon	375
first contact with the victim of the offense, the victim's family,	376
or the victim's dependents, shall give the victim, the victim's	377
family, or the victim's dependents a copy of the pamphlet prepared	378
pursuant to division (A) of this section and explain, upon	379
request, the information in the pamphlet to the victim, the	380
victim's family, or the victim's dependents.	381

(b) Subject to division (B)(1)(c) of this section, a law	382
enforcement agency that investigates an offense or delinquent act	383
committed in this state shall give the victim of the offense or	384
delinquent act, the victim's family, or the victim's dependents a	385
copy of the pamphlet prepared pursuant to division (A) of this	386
section at one of the following times:	387

(i) Upon first contact with the victim, the victim's family,	388
or the victim's dependents;	389

(ii) If the offense or delinquent act is an offense of	390
violence, if the circumstances of the offense or delinquent act	391
and the condition of the victim, the victim's family, or the	392
victim's dependents indicate that the victim, the victim's family,	393
or the victim's dependents will not be able to understand the	394
significance of the pamphlet upon first contact with the agency,	395
and if the agency anticipates that it will have an additional	396
contact with the victim, the victim's family, or the victim's	397
dependents, upon the agency's second contact with the victim, the	398
victim's family, or the victim's dependents.	399

If the agency does not give the victim, the victim's family,	400
or the victim's dependents a copy of the pamphlet upon first	401
contact with them and does not have a second contact with the	402
victim, the victim's family, or the victim's dependents, the	403
agency shall mail a copy of the pamphlet to the victim, the	404
victim's family, or the victim's dependents at their last known	405
address.	406

(c) In complying on and after December 9, 1994, with the	407
duties imposed by division (B)(1)(a) or (b) of this section, an	408
official or a law enforcement agency shall use copies of the	409
pamphlet that are in the official's or agency's possession on	410
December 9, 1994, until the official or agency has distributed all	411
of those copies. After the official or agency has distributed all	412
of those copies, the official or agency shall use only copies of	413
the pamphlet that contain at least the information described in	414
divisions (A)(1) to (17) of this section.	415

(2) The failure of a law enforcement agency or of a	416
prosecuting attorney, assistant prosecuting attorney, city	417
director of law, assistant city director of law, village	418
solicitor, assistant village solicitor, or similar chief legal	419
officer of a municipal corporation or an assistant to any of those	420
officers to give, as required by division (B)(1) of this section,	421
the victim of an offense or delinquent act, the victim's family,	422
or the victim's dependents a copy of the pamphlet prepared	423
pursuant to division (A) of this section does not give the victim,	424
the victim's family, the victim's dependents, or a victim's	425
representative any rights under section 2743.51 to 2743.72,	426
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	427
Revised Code or under any other provision of the Revised Code and	428
does not affect any right under those sections.	429

(3) A law enforcement agency, a prosecuting attorney or	430
assistant prosecuting attorney, or a city director of law,	431
assistant city director of law, village solicitor, assistant	432
village solicitor, or similar chief legal officer of a municipal	433
corporation that distributes a copy of the pamphlet prepared	434
pursuant to division (A) of this section shall not be required to	435
distribute a copy of an information card or other printed material	436
provided by the clerk of the court of claims pursuant to section	437
2743.71 of the Revised Code.	438

(C) The cost of printing and distributing the pamphlet	439
prepared pursuant to division (A) of this section shall be paid	440
out of the reparations fund, created pursuant to section 2743.191	441
of the Revised Code, in accordance with division (D) of that	442
section.	443

(D) As used in this section:

444

(1) "Victim's representative" has the same meaning as in	445
section 2930.01 of the Revised Code;	446

(2) "Victim advocate" has the same meaning as in section	447
2919.26 of the Revised Code.	448

Sec. 307.93. (A) The boards of county commissioners of two	449
or more adjacent counties may contract for the joint establishment	450
of a multicounty correctional center, and the board of county	451
commissioners of a county or the boards of two or more counties	452
may contract with any municipal corporation or municipal	453
corporations located in that county or those counties for the	454
joint establishment of a municipal-county or multicounty-municipal	455
correctional center. The center shall augment county and, where	456
applicable, municipal jail programs and facilities by providing	457
custody and rehabilitative programs for those persons under the	458
charge of the sheriff of any of the contracting counties or of the	459
officer or officers of the contracting municipal corporation or	460
municipal corporations having charge of persons incarcerated in	461
the municipal jail, workhouse, or other correctional facility who,	462
in the opinion of the sentencing court, need programs of custody	463
and rehabilitation not available at the county or municipal jail	464
and by providing custody and rehabilitative programs in accordance	465
with division (C) of this section, if applicable. The contract may	466
include, but need not be limited to, provisions regarding the	467
acquisition, construction, maintenance, repair, termination of	468
operations, and administration of the center. The contract shall	469
prescribe the manner of funding of, and debt assumption for, the	470
center and the standards and procedures to be followed in the	471
operation of the center. Except as provided in division (H) of	472
this section, the contracting counties and municipal corporations	473
shall form a corrections commission to oversee the administration	474
of the center. Members of the commission shall consist of the	475
sheriff of each participating county, ~~the president~~a member of	476
the board of county commissioners of each participating county,	477
~~the presiding judge of the court of common pleas of each~~	478
~~participating county, or, if the court of common pleas of a~~	479
~~participating county has only one judge, then that judge,~~ the	480
chief of police of each participating municipal corporation, and	481
the mayor or city manager of each participating municipal	482
corporation~~, and the presiding judge or the sole judge of the~~	483
~~municipal court of each participating municipal corporation~~. Any	484
of the foregoing officers may appoint a designee to serve in the	485
officer's place on the corrections commission. The standards and	486
procedures shall be formulated and agreed to by the commission and	487
may be amended at any time during the life of the contract by	488
agreement of the parties to the contract upon the advice of the	489
commission. The standards and procedures formulated by the	490
commission shall include, but need not be limited to, designation	491
of the person in charge of the center, designation of a fiscal	492
agent, the categories of employees to be employed at the center,	493
the appointing authority of the center, and the standards of	494
treatment and security to be maintained at the center. The person	495
in charge of, and all persons employed to work at, the center	496
shall have all the powers of police officers that are necessary	497
for the proper performance of the duties relating to their	498
positions at the center.	499

(B)(1) Upon the establishment of a corrections commission	500
under division (A) of this section, the judges specified in this	501
division shall form a judicial advisory board for the purpose of	502
making recommendations to the corrections commission on issues of	503
bed allocation, expansion of the center that the corrections	504
commission oversees, and other issues concerning the	505
administration of sentences or any other matter determined to be	506
appropriate by the board. The judges who shall form the judicial	507
advisory board for a corrections commission are the administrative	508
judge of the general division of the court of common pleas of each	509
county participating in the corrections center, the presiding	510
judge of the municipal court of each municipal corporation	511
participating in the corrections center, and the presiding judge	512
of each county court of each county participating in the	513
corrections center. If the number of the foregoing members of the	514
board is even, the county auditor or the county auditor of the	515
most populous county if the board serves more than one county	516
shall also be a member of the board. Any of the foregoing judges	517
may appoint a designee to serve in the judge's place on the	518
judicial advisory board, provided that the designee shall be a	519
judge of the same court as the judge who makes the appointment.	520
The judicial advisory board for a corrections commission shall	521
meet with the corrections commission at least once each year.	522

(2) Each board of county commissioners that enters a contract	523
under division (A) of this section may appoint a building	524
commission pursuant to section 153.21 of the Revised Code. If any	525
commissions are appointed, they shall function jointly in the	526
construction of a multicounty or multicounty-municipal	527
correctional center with all the powers and duties authorized by	528
law.	529

(C) Prior to the acceptance for custody and rehabilitation	530
into a center established under this section of any persons who	531
are designated by the department of rehabilitation and correction,	532
who plead guilty to or are convicted of a felony of the fourth or	533
fifth degree, and who satisfy the other requirements listed in	534
section 5120.161 of the Revised Code, the corrections commission	535
of a center established under this section shall enter into an	536
agreement with the department of rehabilitation and correction	537
under section 5120.161 of the Revised Code for the custody and	538
rehabilitation in the center of persons who are designated by the	539
department, who plead guilty to or are convicted of a felony of	540
the fourth or fifth degree, and who satisfy the other requirements	541
listed in that section, in exchange for a per diem fee per person.	542
Persons incarcerated in the center pursuant to an agreement	543
entered into under this division shall be subject to supervision	544
and control in the manner described in section 5120.161 of the	545
Revised Code. This division does not affect the authority of a	546
court to directly sentence a person who is convicted of or pleads	547
guilty to a felony to the center in accordance with section	548
2929.16 of the Revised Code.	549

(D) Pursuant to section 2929.37 of the Revised Code, each	550
board of county commissioners and the legislative authority of	551
each municipal corporation that enters into a contract under	552
division (A) of this section may require a person who was	553
convicted of an offense, who is under the charge of the sheriff of	554
their county or of the officer or officers of the contracting	555
municipal corporation or municipal corporations having charge of	556
persons incarcerated in the municipal jail, workhouse, or other	557
correctional facility, and who is confined in the multicounty,	558
municipal-county, or multicounty-municipal correctional center as	559
provided in that division, to reimburse the applicable county or	560
municipal corporation for its expenses incurred by reason of the	561
person's confinement in the center.	562

(E) Notwithstanding any contrary provision in this section or	563
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	564
corrections commission of a center may establish a policy that	565
complies with section 2929.38 of the Revised Code and that	566
requires any person who is not indigent and who is confined in the	567
multicounty, municipal-county, or multicounty-municipal	568
correctional center to pay a reception fee, a fee for medical	569
treatment or service requested by and provided to that person, or	570
the fee for a random drug test assessed under division (E) of	571
section 341.26 of the Revised Code.	572

(F)(1) The corrections commission of a center established	573
under this section may establish a commissary for the center. The	574
commissary may be established either in-house or by another	575
arrangement. If a commissary is established, all persons	576
incarcerated in the center shall receive commissary privileges. A	577
person's purchases from the commissary shall be deducted from the	578
person's account record in the center's business office. The	579
commissary shall provide for the distribution to indigent persons	580
incarcerated in the center of necessary hygiene articles and	581
writing materials.	582

(2) If a commissary is established, the corrections	583
commission of a center established under this section shall	584
establish a commissary fund for the center. The management of	585
funds in the commissary fund shall be strictly controlled in	586
accordance with procedures adopted by the auditor of state.	587
Commissary fund revenue over and above operating costs and reserve	588
shall be considered profits. All profits from the commissary fund	589
shall be used to purchase supplies and equipment for the benefit	590
of persons incarcerated in the center and to pay salary and	591
benefits for employees of the center, or for any other persons,	592
who work in or are employed for the sole purpose of providing	593
service to the commissary. The corrections commission shall adopt	594
rules and regulations for the operation of any commissary fund it	595
establishes.	596

(G) In lieu of forming a corrections commission to administer	597
a multicounty correctional center or a municipal-county or	598
multicounty-municipal correctional center, the boards of county	599
commissioners and the legislative authorities of the municipal	600
corporations contracting to establish the center may also agree to	601
contract for the private operation and management of the center as	602
provided in section 9.06 of the Revised Code, but only if the	603
center houses only misdemeanant inmates. In order to enter into a	604
contract under section 9.06 of the Revised Code, all the boards	605
and legislative authorities establishing the center shall approve	606
and be parties to the contract.	607

(H) If a person who is convicted of or pleads guilty to an	608
offense is sentenced to a term in a multicounty correctional	609
center or a municipal-county or multicounty-municipal correctional	610
center or is incarcerated in the center in the manner described in	611
division (C) of this section, or if a person who is arrested for	612
an offense, and who has been denied bail or has had bail set and	613
has not been released on bail is confined in a multicounty	614
correctional center or a municipal-county or multicounty-municipal	615
correctional center pending trial, at the time of reception and at	616
other times the officer, officers, or other person in charge of	617
the operation of the center determines to be appropriate, the	618
officer, officers, or other person in charge of the operation of	619
the center may cause the convicted or accused offender to be	620
examined and tested for tuberculosis, HIV infection, hepatitis,	621
including but not limited to hepatitis A, B, and C, and other	622
contagious diseases. The officer, officers, or other person in	623
charge of the operation of the center may cause a convicted or	624
accused offender in the center who refuses to be tested or treated	625
for tuberculosis, HIV infection, hepatitis, including but not	626
limited to hepatitis A, B, and C, or another contagious disease to	627
be tested and treated involuntarily.	628

(I) As used in this section, "multicounty-municipal" means	629
more than one county and a municipal corporation, or more than one	630
municipal corporation and a county, or more than one municipal	631
corporation and more than one county.	632

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

633

(1) "Division of parole and community services" means the	634
division of parole and community services of the department of	635
rehabilitation and correction.	636

(2) "Eligible offender" means, in relation to a particular	637
community alternative sentencing center or district community	638
alternative sentencing center established and operated under	639
division (E) of this section, an offender who has been convicted	640
of or pleaded guilty to a qualifying misdemeanor offense, for whom	641
no provision of the Revised Code or ordinance of a municipal	642
corporation other than section 4511.19 of the Revised Code or an	643
ordinance of a municipal corporation that provides the penalties	644
for a municipal OVI offense of the municipal corporation requires	645
the imposition of a mandatory jail term for that qualifying	646
misdemeanor offense, and who is eligible to be sentenced directly	647
to that center and admitted to it under rules adopted under	648
division (G) of this section by the board of county commissioners	649
or affiliated group of boards of county commissioners that	650
established and operates that center.	651

(3) "Municipal OVI offense" has the same meaning as in	652
section 4511.181 of the Revised Code.	653

(4) "OVI term of confinement" means a term of confinement	654
imposed for a violation of section 4511.19 of the Revised Code or	655
for a municipal OVI offense, including any mandatory jail term or	656
mandatory term of local incarceration imposed for that violation	657
or offense.	658

(5) "Community residential sanction" means a community	659
residential sanction imposed under section 2929.26 of the Revised	660
Code for a misdemeanor violation of a section of the Revised Code	661
or a term of confinement imposed for a misdemeanor violation of a	662
municipal ordinance that is not a jail term.	663

(6) "Qualifying misdemeanor offense" means a violation of any	664
section of the Revised Code that is a misdemeanor or a violation	665
of any ordinance of a municipal corporation located in the county	666
that is a misdemeanor.	667

(B)(1) The board of county commissioners of any county, in	668
consultation with the sheriff of the county, may formulate a	669
proposal for a community alternative sentencing center that, upon	670
implementation by the county or being subcontracted to or operated	671
by a nonprofit organization, would be used for the confinement of	672
eligible offenders sentenced directly to the center by a court	673
located in the county pursuant to a community residential sanction	674
of not more than thirty days or pursuant to an OVI term of	675
confinement of not more than thirty days, and for the purpose of	676
closely monitoring those eligible offenders' adjustment to	677
community supervision. A board that formulates a proposal pursuant	678
to this division shall do so by resolution.	679

(2) The boards of county commissioners of two or more	680
adjoining or neighboring counties, in consultation with the	681
sheriffs of each of those counties, may affiliate and formulate by	682
resolution adopted by each of them a proposal for a district	683
community alternative sentencing center that, upon implementation	684
by the counties or being subcontracted to or operated by a	685
nonprofit organization, would be used for the confinement of	686
eligible offenders sentenced directly to the center by a court	687
located in any of those counties pursuant to a community	688
residential sanction of not more than thirty days or pursuant to	689
an OVI term of confinement of not more than thirty days, and for	690
the purpose of closely monitoring those eligible offenders'	691
adjustment to community supervision. Each board that affiliates	692
with one or more other boards to formulate a proposal pursuant to	693
this division shall formulate the proposal by resolution.	694

(C) Each proposal for a community alternative sentencing	695
center or a district community alternative sentencing center that	696
is formulated under division (B)(1) or (2) of this section shall	697
include proposals for operation of the center and for criteria to	698
define which offenders are eligible to be sentenced directly to	699
the center and admitted to it. At a minimum, the proposed criteria	700
that define which offenders are eligible to be sentenced directly	701
to the center and admitted to it shall provide all of the	702
following:	703

(1) That an offender is eligible to be sentenced directly to	704
the center and admitted to it if the offender has been convicted	705
of or pleaded guilty to a qualifying misdemeanor offense and is	706
sentenced directly to the center for the qualifying misdemeanor	707
offense pursuant to a community residential sanction of not more	708
than thirty days or pursuant to an OVI term of confinement of not	709
more than thirty days by a court that is located in the county or	710
one of the counties served by the board of county commissioners or	711
by any of the affiliated group of boards of county commissioners	712
that submits the proposal;	713

(2) That no offender is eligible to be sentenced directly to	714
the center or admitted to it if, in addition to the community	715
residential sanction or OVI term of confinement described in	716
division (C)(1) of this section, the offender is serving or has	717
been sentenced to serve any other jail term, prison term, or	718
community residential sanction.	719

(D)(1) If a board of county commissioners formulates a	720
proposal for a community alternative sentencing center pursuant to	721
division (B)(1) of this section or an affiliated group of boards	722
of county commissioners formulates a proposal for a district	723
community alternative sentencing center pursuant to division	724
(B)(2) of this section, prior to establishing or operating the	725
center, the board or the affiliated group of boards shall submit	726
the proposal for certification to the division of parole and	727
community services of the department of rehabilitation and	728
correction for approval and certification pursuant to division (F)	729
of section 5120.10 of the Revised Code. The division may approve	730
and certify a center as a suitable facility for the care and	731
treatment of adult offenders only if the center complies with the	732
standards for the certification of the centers that the division	733
adopts by rule in accordance with Chapter 119. of the Revised	734
Code. The division shall inspect each center to which a proposal	735
submitted under this division applies and annually shall inspect	736
each center established or operated under an approved and	737
certified proposal to determine if the proposed or certified	738
center is in compliance with the certification standards. A board	739
or affiliated group of boards shall not establish or operate a	740
center without the division's approval and certification. The	741
approval and certification of a center by the division is not a	742
requirement for, and is not an affirmation that the division or	743
the department of rehabilitation and correction must or will	744
provide, funding for the operation of the center.	745

(2) If a proposal for a community alternative sentencing	746
center or a district community alternative sentencing center that	747
is formulated under division (B)(1) or (2) of this section	748
contemplates the use of an existing facility, or a part of an	749
existing facility, as the center, nothing in this section limits,	750
restricts, or precludes the use of the facility, the part of the	751
facility, or any other part of the facility for any purpose other	752
than as a community alternative sentencing center or district	753
community alternative sentencing center.	754

(E) Upon approval and certification by the division of parole	755
and community services of a proposal for a community alternative	756
sentencing center or for a district community alternative	757
sentencing center submitted to the division under division (D) of	758
this section, the board of county commissioners or the affiliated	759
group of boards of county commissioners that submitted the	760
proposal may establish and operate the center in accordance with	761
the approved and certified proposal, division (G) of this section,	762
and rules adopted under that division. The establishment and	763
operation of the center may be done by subcontracting with a	764
nonprofit organization for the operation of the center.	765

If a board of county commissioners or an affiliated group of	766
boards of county commissioners establishes and operates a	767
community alternative sentencing center or district community	768
alternative sentencing center under this division, except as	769
otherwise provided in this division, the center is not a minimum	770
security jail under section 341.14, section 753.21, or any other	771
provision of the Revised Code, is not a jail or alternative	772
residential facility as defined in section 2929.01 of the Revised	773
Code, is not required to satisfy or comply with minimum standards	774
for minimum security jails or other jails that are promulgated	775
under division (A) of section 5120.10 of the Revised Code, is not	776
a local detention facility as defined in section 2929.36 of the	777
Revised Code, and is not a residential unit as defined in section	778
2950.01 of the Revised Code. The center is a detention facility as	779
defined in sections 2921.01 and 2923.124 of the Revised Code, and	780
an eligible offender confined in the center is under detention as	781
defined in section 2921.01 of the Revised Code. Regarding persons	782
sentenced directly to the center under an OVI term of confinement,	783
the center shall be considered a "jail" or "local correctional	784
facility" for purposes of any provision in section 4511.19 of the	785
Revised Code or in an ordinance of a municipal corporation that	786
requires a mandatory jail term or mandatory term of local	787
incarceration for the violation of section 4511.19 of the Revised	788
Code or the municipal OVI offense, and a direct sentence of a	789
person to the center under an OVI term of confinement shall be	790
considered to be a sentence to a "jail" or "local correctional	791
facility" for purposes of any such provision in section 4511.19 of	792
the Revised Code or in an ordinance of a municipal corporation.	793

(F)(1) If the board of county commissioners of a county that	794
is being served by a community alternative sentencing center	795
established pursuant to division (E) of this section determines	796
that it no longer wants to be served by the center, the board may	797
dissolve the center by adopting a resolution evidencing the	798
determination to dissolve the center and notifying, in writing,	799
the division of parole and community services of the determination	800
to dissolve the center.	801

(2) If the boards of county commissioners of all of the	802
counties served by any district community alternative sentencing	803
center established pursuant to division (E) of this section	804
determine that they no longer want to be served by the center, the	805
boards may dissolve the center by adopting in each county a	806
resolution evidencing the determination to dissolve the center and	807
notifying, in writing, the division of parole and community	808
services of the determination to dissolve the center.	809

(3) If at least one, but not all, of the boards of county	810
commissioners of the counties being served by any district	811
community alternative sentencing center established pursuant to	812
division (E) of this section determines that it no longer wants to	813
be served by the center, the board may terminate its involvement	814
with the center by adopting a resolution evidencing the	815
determination to terminate its involvement with the center and	816
notifying, in writing, the division of parole and community	817
services of the determination to terminate its involvement with	818
the center. If at least one, but not all, of the boards of county	819
commissioners of the counties being served by any community	820
alternative sentencing center terminates its involvement with the	821
center in accordance with this division, the other boards of	822
county commissioners of the counties being served by the center	823
may continue to be served by the center.	824

(G) Upon approval and certification by the division of parole	825
and community services of a proposal for a community alternative	826
sentencing center or for a district community alternative	827
sentencing center submitted to it under division (D) of this	828
section, prior to establishing or operating the center, the board	829
of county commissioners or the affiliated group of boards of	830
county commissioners that submitted the proposal shall adopt rules	831
for the operation of the center. The rules shall include criteria	832
that define which offenders are eligible to be sentenced directly	833
to the center and admitted to it and the criteria so included	834
shall be consistent with the proposed criteria included in the	835
proposal approved and certified by the division.	836

(H) If a board of county commissioners establishes and	837
operates a community alternative sentencing center under division	838
(E) of this section, or an affiliated group of boards of county	839
commissioners establishes and operates a district community	840
alternative sentencing center under that division, all of the	841
following apply:	842

(1) Any court located within the county served by the board	843
that establishes and operates a community correctional center may	844
directly sentence eligible offenders to the center pursuant to a	845
community residential sanction of not more than thirty days or	846
pursuant to an OVI term of confinement of not more than thirty	847
days. Any court located within a county served by any of the	848
boards that establishes and operates a district community	849
correctional center may directly sentence eligible offenders to	850
the center pursuant to a community residential sanction of not	851
more than thirty days or pursuant to an OVI term of confinement of	852
not more than thirty days.	853

(2) Each eligible offender who is sentenced to the center as	854
described in division (H)(1) of this section and admitted to it	855
shall be offered during the eligible offender's confinement at the	856
center educational and vocational services and reentry planning	857
and may be offered any other treatment and rehabilitative services	858
that are available and that the court that sentenced the	859
particular eligible offender to the center and the administrator	860
of the center determine are appropriate based upon the offense for	861
which the eligible offender was sentenced to the community	862
residential sanction and the length of the sanction.	863

(3) Before accepting an eligible offender sentenced to the	864
center by a court, the board or the affiliated group of boards	865
shall enter into an agreement with a political subdivision that	866
operates that court that addresses the cost and payment of medical	867
treatment or services received by eligible offenders sentenced by	868
that court while they are confined in the center. The agreement	869
may provide for the payment of the costs by the particular	870
eligible offender who receives the treatment or services, as	871
described in division (I) of this section.	872

(4) If a court sentences an eligible offender to a center	873
under authority of division (H)(1) of this section, immediately	874
after the sentence is imposed, the eligible offender shall be	875
taken to the probation department that serves the court. The	876
department shall handle any preliminary matters regarding the	877
admission of the eligible offender to the center, including a	878
determination as to whether the eligible offender may be admitted	879
to the center under the criteria included in the rules adopted	880
under division (G) of this section that define which offenders are	881
eligible to be sentenced and admitted to the center. If the	882
eligible offender is accepted for admission to the center, the	883
department shall schedule the eligible offender for the admission	884
and shall provide for the transportation of the offender to the	885
center. If an eligible offender who is sentenced to the center	886
under a community residential sanction is not accepted for	887
admission to the center for any reason, the nonacceptance shall be	888
considered a violation of a condition of the community residential	889
sanction, the eligible offender shall be taken before the court	890
that imposed the sentence, and the court may proceed as specified	891
in division (C)(2) of section 2929.25 of the Revised Code based on	892
the violation or as provided by ordinance of the municipal	893
corporation based on the violation, whichever is applicable. If an	894
eligible offender who is sentenced to the center under an OVI term	895
of confinement is not accepted for admission to the center for any	896
reason, the eligible offender shall be taken before the court that	897
imposed the sentence, and the court shall determine the place at	898
which the offender is to serve the term of confinement. If the	899
eligible offender is admitted to the center, all of the following	900
apply:	901

(a) The admission shall be under the terms and conditions	902
established by the court and the administrator of the center, and	903
the court and the administrator of the center shall provide for	904
the confinement of the eligible offender and supervise the	905
eligible offender as provided in divisions (H)(4)(b) to (f) of	906
this section.	907

(b) The eligible offender shall be confined in the center	908
during any period of time that the eligible offender is not	909
actually working at the eligible offender's approved work release	910
described in division (H)(4)(c) of this section, engaged in	911
community service activities described in division (H)(4)(d) of	912
this section, engaged in authorized vocational training or another	913
authorized educational program, engaged in another program	914
designated by the administrator of the center, or engaged in other	915
activities approved by the court and the administrator of the	916
center.	917

(c) If the court and the administrator of the center	918
determine that work release is appropriate based upon the offense	919
for which the eligible offender was sentenced to the community	920
residential sanction or OVI term of confinement and the length of	921
the sanction or term, the eligible offender may be offered work	922
release from confinement at the center and be released from	923
confinement while engaged in the work release.	924

(d) If the administrator of the center determines that	925
community service is appropriate and if the eligible offender will	926
be confined for more than ten days at the center, the eligible	927
offender may be required to participate in community service	928
activities approved by the political subdivision served by the	929
court. Community service activities that may be required under	930
this division may take place in facilities of the political	931
subdivision that operates the court, in the community, or in both	932
such locales. The eligible offender shall be released from	933
confinement while engaged in the community service activities.	934
Community service activities required under this division shall be	935
supervised by the court or an official designated by the board of	936
county commissioners or affiliated group of boards of county	937
commissioners that established and is operating the center.	938
Community service activities required under this division shall	939
not exceed in duration the period for which the eligible offender	940
will be confined at the center under the community residential	941
sanction or the OVI term of confinement.	942

(e) The confinement of the eligible offender in the center	943
shall be considered for purposes of this division and division	944
(H)(4)(f) of this section as including any period of time	945
described in division (H)(4)(b) of this section when the eligible	946
offender may be outside of the center and shall continue until the	947
expiration of the community residential sanction or OVI term of	948
confinement that the eligible offender is serving upon admission	949
to the center.	950

(f) After the admission and until the expiration of the	951
community residential sanction or OVI term of confinement that the	952
eligible offender is serving upon admission to the center, the	953
eligible offender shall be considered for purposes of any	954
provision in Title XXIX of the Revised Code to be serving the	955
community residential sanction or OVI term of confinement.	956

(5) The administrator of the center, or the administrator's	957
designee, shall post a sign as described in division (A)(4) of	958
section 2923.1212 of the Revised Code in a conspicuous location at	959
the center.	960

(I) The board of county commissioners that establishes and	961
operates a community alternative sentencing center under division	962
(E) of this section, or the affiliated group of boards of county	963
commissioners that establishes and operates a district community	964
alternative sentencing center under that division, may require an	965
eligible offender who is sentenced directly to the center and	966
admitted to it to pay to the county served by the board or the	967
counties served by the affiliated group of boards or the entity	968
operating the center the reasonable expenses incurred by the	969
county or counties, whichever is applicable, in supervising or	970
confining the eligible offender after being sentenced to the	971
center and admitted. Inability to pay those reasonable expenses	972
shall not be grounds for refusing to admit an otherwise eligible	973
offender to the center.	974

(J)(1) If an eligible offender who is directly sentenced to a	975
community alternative sentencing center or district community	976
alternative sentencing center and admitted to the center	977
successfully completes the service of the community residential	978
sanction in the center, the administrator of the center shall	979
notify the court that imposed the sentence, and the court shall	980
enter into the journal that the eligible offender successfully	981
completed the service of the sanction.	982

(2) If an eligible offender who is directly sentenced to a	983
community alternative sentencing center or district community	984
alternative sentencing center and admitted to the center violates	985
any rule established under this section by the board of county	986
commissioners or the affiliated group of boards of county	987
commissioners that establishes and operates the center, violates	988
any condition of the community residential sanction or OVI term of	989
confinement imposed by the sentencing court, or otherwise does not	990
successfully complete the service of the community residential	991
sanction or OVI term of confinement in the center, the	992
administrator of the center shall report the violation or failure	993
to successfully complete the sanction or term directly to the	994
court or to the probation department or probation officer with	995
general control and supervision over the eligible offender. A	996
failure to successfully complete the service of the community	997
residential sanction or OVI term of confinement in the center	998
shall be considered a violation of a condition of the community	999
residential sanction or the OVI term of confinement. If the	1000
administrator reports the violation to the probation department or	1001
probation officer, the department or officer shall report the	1002
violation to the court. Upon its receipt under this division of a	1003
report of a violation or failure to complete the sanction by a	1004
person sentenced to the center under a community residential	1005
sanction, the court may proceed as specified in division (C)(2) of	1006
section 2929.25 of the Revised Code based on the violation or as	1007
provided by ordinance of the municipal corporation based on the	1008
violation, whichever is applicable. Upon its receipt under this	1009
division of a report of a violation or failure to complete the	1010
term by a person sentenced to the center under an OVI term of	1011
confinement, the court shall determine the place at which the	1012
offender is to serve the remainder of the term of confinement. The	1013
eligible offender shall receive credit towards completing the	1014
eligible offender's sentence for the time spent in the center	1015
after admission to it.	1016

Sec. 309.18. (A) If a prosecuting attorney of a county	1017
receives notice from the ~~department of rehabilitation and~~	1018
~~correction pursuant to section 5120.14 of the Revised Code that a~~	1019
~~person indicted in that county for an offense of violence that is~~	1020
~~a felony has escaped from a correctional institution under the~~	1021
~~control of the department or otherwise has escaped from the~~	1022
~~custody of the department, receives notice from the~~ sheriff of the	1023
county pursuant to section 341.011 of the Revised Code that a	1024
person indicted for or otherwise charged with an offense of	1025
violence that is a felony and that was committed in the county has	1026
escaped from the county jail or workhouse or otherwise has escaped	1027
from the custody of the sheriff, or receives notice from a chief	1028
of police or other chief law enforcement officer of a municipal	1029
corporation pursuant to section 753.19 of the Revised Code that a	1030
person indicted for or otherwise charged with an offense of	1031
violence that is a felony and that was committed in the county has	1032
escaped from a jail or workhouse of that municipal corporation or	1033
otherwise has escaped from the custody of that municipal	1034
corporation, the prosecuting attorney shall notify each victim of	1035
an offense of violence that is a felony committed by that person	1036
of the person's escape and, if applicable, of ~~his~~the person's	1037
subsequent apprehension. The notice of escape shall be given as	1038
soon as possible after receipt of the notice from the department,	1039
sheriff, or chief law enforcement officer of the municipal	1040
corporation and shall be given by telephone or in person, except	1041
that, if a prosecuting attorney tries and fails to give the notice	1042
of escape by telephone at the victim's last known telephone number	1043
or tries and fails to give the notice of escape in person at the	1044
victim's last known address, the notice of escape shall be given	1045
to the victim at ~~his~~the victim's last known address by certified	1046
mail, return receipt requested. The notice of apprehension shall	1047
be given as soon as possible after the person is apprehended and	1048
shall be given in the same manner as is the notice of escape.	1049

Any prosecuting attorney who fails to give any notice	1050
required by this ~~section~~division is immune from civil liability	1051
for any injury, death, or loss to person or property that might be	1052
incurred as a result of that failure to give notice.	1053

(B) If a prosecuting attorney of a county receives notice	1054
from the department of rehabilitation and correction pursuant to	1055
section 5120.14 of the Revised Code or otherwise receives notice	1056
from the department that a person who was convicted of or pleaded	1057
guilty in that county to an offense of violence that is a felony	1058
has escaped from a correctional institution under the control of	1059
the department or otherwise has escaped from the custody of the	1060
department, and if the office of victim services of the department	1061
requests assistance from the prosecuting attorney in identifying	1062
and locating the victim of the offense, the prosecuting attorney	1063
promptly shall provide the information requested, if available, to	1064
the office of victim services.	1065

Sec. 341.12. In a county not having a sufficient jail or	1066
staff, the sheriff shall convey any person charged with the	1067
commission of an offense, sentenced to imprisonment in the county	1068
jail, or in custody upon civil process to a jail in any county the	1069
sheriff considers most convenient and secure. ~~In the case of a~~	1070
~~person who has been charged with an offense and is being held~~	1071
~~pending trial~~As used in this paragraph, any county includes a	1072
contiguous county in an adjoining state.	1073

The sheriff may call such aid as is necessary in guarding,	1074
transporting, or returning such person. Whoever neglects or	1075
refuses to render such aid, when so called upon, shall forfeit and	1076
pay the sum of ten dollars, to be recovered by an action in the	1077
name and for the use of the county.	1078

Such sheriff and his assistants shall receive such	1079
compensation for their services as the county auditor of the	1080
county from which such person was removed considers reasonable.	1081
The compensation shall be paid from the county treasury on the	1082
warrant of the auditor.	1083

The receiving sheriff shall not, pursuant to this section,	1084
convey the person received to any county other than the one from	1085
which the person was removed.	1086

Sec. 926.99. (A)(1) Except as provided in division (A)(2) of	1087
this section, whoever violates section 926.04 of the Revised Code	1088
is guilty of a misdemeanor of the first degree on a first offense	1089
and a felony of the fifth degree on each subsequent offense.	1090

(2) A person who violates section 926.04 of the Revised Code	1091
and who is insolvent and financially unable to satisfy a claimant	1092
as defined in section 926.021 of the Revised Code is guilty of a	1093
felony of the fifth degree if the financial obligation owed by the	1094
offender to the claimant is ~~five hundred~~one thousand dollars or	1095
more and is less than ~~five~~seven thousand five hundred dollars. If	1096
the financial obligation is ~~five~~seven thousand five hundred	1097
dollars or more and is less than one hundred fifty thousand	1098
dollars, the offender is guilty of a felony of the fourth degree.	1099
If the financial obligation is one hundred fifty thousand dollars	1100
or more, the offender is guilty of a felony of the third degree.	1101

(B) Whoever violates division (E) or (F) of section 926.20 or	1102
division (A) of section 926.22 of the Revised Code is guilty of a	1103
minor misdemeanor on a first offense and a misdemeanor of the	1104
second degree on each subsequent offense.	1105

(C) Whoever violates division (G) of section 926.20 or	1106
section 926.34 or 926.35 of the Revised Code is guilty of a felony	1107
of the fourth degree.	1108

(D) Whoever violates division (A) of section 926.28 or	1109
division (B) of section 926.29 of the Revised Code is guilty of a	1110
felony of the fifth degree.	1111

(E) Whoever violates section 926.31 of the Revised Code is	1112
guilty of a misdemeanor of the fourth degree.	1113

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	1114
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1115

(B) Whoever violates section 1333.12 or 1333.71 of the	1116
Revised Code is guilty of a misdemeanor of the fourth degree.	1117

(C) Whoever violates section 1333.36 of the Revised Code is	1118
guilty of a misdemeanor of the third degree.	1119

(D) A prosecuting attorney may file an action to restrain any	1120
person found in violation of section 1333.36 of the Revised Code.	1121
Upon the filing of such an action, the common pleas court may	1122
receive evidence of such violation and forthwith grant a temporary	1123
restraining order as may be prayed for, pending a hearing on the	1124
merits of said cause.	1125

(E) Whoever violates division (A)(1) of section 1333.52 or	1126
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1127
the first degree.	1128

(F) Whoever violates division (A)(2) or (B) of section	1129
1333.52 of the Revised Code is guilty of a misdemeanor of the	1130
second degree.	1131

(G) Except as otherwise provided in this division, whoever	1132
violates section 1333.92 of the Revised Code is guilty of a	1133
misdemeanor of the first degree. If the value of the compensation	1134
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1135
seven thousand five hundred dollars, whoever violates section	1136
1333.92 of the Revised Code is guilty of a felony of the fifth	1137
degree. If the value of the compensation is ~~five~~seven thousand	1138
five hundred dollars or more and less than one hundred fifty	1139
thousand dollars, whoever violates section 1333.92 of the Revised	1140
Code is guilty of a felony of the fourth degree. If the value of	1141
the compensation is one hundred fifty thousand dollars or more,	1142
whoever violates section 1333.92 of the Revised Code is guilty of	1143
a felony of the third degree.	1144

Sec. 1707.99. Whoever commits any act described in division	1145
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1146
guilty of a violation of sections 1707.01 to 1707.45 of the	1147
Revised Code and the following apply to the offender:	1148

(A) If the value of the funds or securities involved in the	1149
offense or the loss to the victim is less than ~~five hundred~~one	1150
thousand dollars, the offender is guilty of a felony of the fifth	1151
degree, and the court may impose upon the offender an additional	1152
fine of not more than two thousand five hundred dollars.	1153

(B) If the value of the funds or securities involved in the	1154
offense or the loss to the victim is ~~five hundred~~one thousand	1155
dollars or more but less than ~~five~~seven thousand five hundred	1156
dollars, the offender is guilty of a felony of the fourth degree,	1157
and the court may impose upon the offender an additional fine of	1158
not more than five thousand dollars.	1159

(C) If the value of the funds or securities involved in the	1160
offense or the loss to the victim is ~~five~~seven thousand five	1161
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1162
thousand five hundred dollars, the offender is guilty of a felony	1163
of the third degree, and the court may impose upon the offender an	1164
additional fine of not more than ten thousand dollars.	1165

(D) If the value of the funds or securities involved in the	1166
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1167
thousand five hundred dollars or more but less than one hundred	1168
fifty thousand dollars, the offender is guilty of a felony of the	1169
second degree, and the court may impose upon the offender an	1170
additional fine of not more than fifteen thousand dollars.	1171

(E) If the value of the funds or securities involved in the	1172
offense or the loss to the victim is one hundred fifty thousand	1173
dollars or more, the offender is guilty of a felony of the first	1174
degree, and the court may impose upon the offender an additional	1175
fine of not more than twenty thousand dollars.	1176

Sec. 1716.99. (A) Whoever violates any provision of sections	1177
1716.02 to 1716.17 of the Revised Code, other than division (A)(1)	1178
of section 1716.14 of the Revised Code, is guilty of a misdemeanor	1179
of the first degree.	1180

Each occurrence of a solicitation of a contribution from any	1181
person in violation of any provision of sections 1716.02 to	1182
1716.17 of the Revised Code, other than division (A)(1) of section	1183
1716.14 of the Revised Code, is considered a separate offense.	1184

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1185
the Revised Code is guilty of solicitation fraud and shall be	1186
punished as provided in divisions (B)(2) to (4) of this section.	1187

(2) Except as otherwise provided in division (B)(4) of this	1188
section, division (B)(3) of this section applies to solicitation	1189
fraud, and solicitation fraud is one of the following:	1190

(a) Except as otherwise provided in divisions (B)(2)(b) to	1191
(d) of this section, a misdemeanor of the first degree or, if the	1192
offender previously has been convicted of or pleaded guilty to a	1193
theft offense or a violation of division (A)(1) of section 1716.14	1194
of the Revised Code, a felony of the fifth degree.	1195

(b) If the value of the contribution or contributions made in	1196
the violation is ~~five hundred~~one thousand dollars or more but	1197
less than ~~five~~seven thousand five hundred dollars, a felony of	1198
the fifth degree or, if the offender previously has been convicted	1199
of or pleaded guilty to a theft offense or a violation of division	1200
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1201
fourth degree.	1202

(c) If the value of the contribution or contributions made in	1203
the violation is ~~five~~seven thousand five hundred dollars or more	1204
but less than one hundred fifty thousand dollars, a felony of the	1205
fourth degree or, if the offender previously has been convicted of	1206
or pleaded guilty to a theft offense or a violation of division	1207
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1208
third degree.	1209

(d) If the value of the contribution or contributions made in	1210
the violation is one hundred fifty thousand dollars or more, a	1211
felony of the third degree.	1212

(3) When an offender commits a series of offenses in	1213
violation of division (A)(1) of section 1716.14 of the Revised	1214
Code as part of a common scheme or plan to defraud multiple	1215
victims, all of the offenses may be tried as a single offense. If	1216
the offenses are tried as a single offense, the value of the	1217
contributions for purposes of determining the value as required by	1218
division (B)(2) of this section is the aggregate value of all	1219
contributions involved in all offenses in the common scheme or	1220
plan to defraud multiple victims. In prosecuting a single offense	1221
under this division, it is not necessary to separately allege and	1222
prove each offense in the series. Rather, it is sufficient to	1223
allege and prove that the offender, within a given span of time,	1224
committed one or more offenses as part of a common scheme or plan	1225
to defraud multiple victims as described in this division.	1226

(4) If the victim of the offense is an elderly person or	1227
disabled adult, division (B)(4) of this section and section	1228
2913.61 of the Revised Code apply to solicitation fraud, and	1229
solicitation fraud is one of the following:	1230

(a) Except as otherwise provided in divisions (B)(4)(b) to	1231
(d) of this section, a felony of the fifth degree;	1232

(b) If the value of the contributions made in the violation	1233
is ~~five hundred~~one thousand dollars or more and is less than	1234
~~five~~seven thousand five hundred dollars, a felony of the fourth	1235
degree;	1236

(c) If the value of the contributions made in the violation	1237
is ~~five~~seven thousand five hundred dollars or more and is less	1238
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1239
felony of the third degree;	1240

(d) If the value of the contributions made in the violation	1241
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1242
a felony of the second degree.	1243

(C) Any person who is found guilty of any act or omission	1244
prohibited under this chapter shall forfeit the bond described in	1245
section 1716.05 or 1716.07 of the Revised Code to the state	1246
treasury to the credit of the charitable law fund established	1247
under section 109.32 of the Revised Code and shall be prohibited	1248
from registering with the attorney general or from serving as a	1249
fund-raising counsel or professional solicitor in this state for a	1250
period of five years after conviction.	1251

Sec. 2151.312. (A) A child alleged to be or adjudicated an	1252
unruly child may be held only in the following places:	1253

(1) A certified family foster home or a home approved by the	1254
court;	1255

(2) A facility operated by a certified child welfare agency;

1256

(3) Any other suitable place designated by the court.

1257

(B)(1) Except as provided under division (C)(1) of section	1258
2151.311 of the Revised Code, a child alleged to be or adjudicated	1259
a neglected child, an abused child, a dependent child, or an	1260
unruly child may not be held in any of the following facilities:	1261

(a) A state correctional institution, county, multicounty, or	1262
municipal jail or workhouse, or other place in which an adult	1263
convicted of a crime, under arrest, or charged with a crime is	1264
held;	1265

(b) A secure correctional facility.

1266

(2) Except as provided under sections ~~2151.26~~2151.27 to	1267
~~2151.61~~2151.59 of the Revised Code and division (B)(3) of this	1268
section and except when a case is transferred under section	1269
2152.12 of the Revised Code, a child alleged to be or adjudicated	1270
an unruly child may not be held for more than twenty-four hours in	1271
a detention facility. A child alleged to be or adjudicated a	1272
neglected child, an abused child, or a dependent child shall not	1273
be held in a detention facility.	1274

(3) A child who is alleged to be or adjudicated an unruly	1275
child and who is taken into custody on a Saturday, Sunday, or	1276
legal holiday, as listed in section 1.14 of the Revised Code, may	1277
be held in a detention facility until the next succeeding day that	1278
is not a Saturday, Sunday, or legal holiday.	1279

Sec. 2151.351. Sections 2152.51 to 2152.59 of the Revised	1280
Code relating to a child's ability to understand the nature and	1281
objectives of a proceeding against the child and to assist in the	1282
child's defense apply in any proceeding under this chapter that is	1283
based on a complaint alleging that a child is an unruly child or a	1284
juvenile traffic offender.	1285

Sec. 2151.354. (A) If the child is adjudicated an unruly	1286
child, the court may:	1287

(1) Make any of the dispositions authorized under section	1288
2151.353 of the Revised Code;	1289

(2) Place the child on community control under any sanctions,	1290
services, and conditions that the court prescribes, as described	1291
in division (A)(4) of section 2152.19 of the Revised Code,	1292
provided that, if the court imposes a period of community service	1293
upon the child, the period of community service shall not exceed	1294
one hundred seventy-five hours;	1295

(3) Suspend the driver's license, probationary driver's	1296
license, or temporary instruction permit issued to the child for a	1297
period of time prescribed by the court and suspend the	1298
registration of all motor vehicles registered in the name of the	1299
child for a period of time prescribed by the court. A child whose	1300
license or permit is so suspended is ineligible for issuance of a	1301
license or permit during the period of suspension. At the end of	1302
the period of suspension, the child shall not be reissued a	1303
license or permit until the child has paid any applicable	1304
reinstatement fee and complied with all requirements governing	1305
license reinstatement.	1306

(4) Commit the child to the temporary or permanent custody of	1307
the court;	1308

(5) Make any further disposition the court finds proper that	1309
is consistent with sections 2151.312 and 2151.56 to ~~2151.61~~	1310
2151.59 of the Revised Code;	1311

(6) If, after making a disposition under division (A)(1),	1312
(2), or (3) of this section, the court finds upon further hearing	1313
that the child is not amenable to treatment or rehabilitation	1314
under that disposition, make a disposition otherwise authorized	1315
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of	1316
the Revised Code that is consistent with sections 2151.312 and	1317
2151.56 to ~~2151.61~~2151.59 of the Revised Code.	1318

(B) If a child is adjudicated an unruly child for committing	1319
any act that, if committed by an adult, would be a drug abuse	1320
offense, as defined in section 2925.01 of the Revised Code, or a	1321
violation of division (B) of section 2917.11 of the Revised Code,	1322
in addition to imposing, in its discretion, any other order of	1323
disposition authorized by this section, the court shall do both of	1324
the following:	1325

(1) Require the child to participate in a drug abuse or	1326
alcohol abuse counseling program;	1327

(2) Suspend the temporary instruction permit, probationary	1328
driver's license, or driver's license issued to the child for a	1329
period of time prescribed by the court. The court, in its	1330
discretion, may terminate the suspension if the child attends and	1331
satisfactorily completes a drug abuse or alcohol abuse education,	1332
intervention, or treatment program specified by the court. During	1333
the time the child is attending a program as described in this	1334
division, the court shall retain the child's temporary instruction	1335
permit, probationary driver's license, or driver's license, and	1336
the court shall return the permit or license if it terminates the	1337
suspension.	1338

(C)(1) If a child is adjudicated an unruly child for being an	1339
habitual truant, in addition to or in lieu of imposing any other	1340
order of disposition authorized by this section, the court may do	1341
any of the following:	1342

(a) Order the board of education of the child's school	1343
district or the governing board of the educational service center	1344
in the child's school district to require the child to attend an	1345
alternative school if an alternative school has been established	1346
pursuant to section 3313.533 of the Revised Code in the school	1347
district in which the child is entitled to attend school;	1348

(b) Require the child to participate in any academic program	1349
or community service program;	1350

(c) Require the child to participate in a drug abuse or	1351
alcohol abuse counseling program;	1352

(d) Require that the child receive appropriate medical or	1353
psychological treatment or counseling;	1354

(e) Make any other order that the court finds proper to	1355
address the child's habitual truancy, including an order requiring	1356
the child to not be absent without legitimate excuse from the	1357
public school the child is supposed to attend for five or more	1358
consecutive days, seven or more school days in one school month,	1359
or twelve or more school days in a school year and including an	1360
order requiring the child to participate in a truancy prevention	1361
mediation program.	1362

(2) If a child is adjudicated an unruly child for being an	1363
habitual truant and the court determines that the parent,	1364
guardian, or other person having care of the child has failed to	1365
cause the child's attendance at school in violation of section	1366
3321.38 of the Revised Code, in addition to any order of	1367
disposition authorized by this section, all of the following	1368
apply:	1369

(a) The court may require the parent, guardian, or other	1370
person having care of the child to participate in any community	1371
service program, preferably a community service program that	1372
requires the involvement of the parent, guardian, or other person	1373
having care of the child in the school attended by the child.	1374

(b) The court may require the parent, guardian, or other	1375
person having care of the child to participate in a truancy	1376
prevention mediation program.	1377

(c) The court shall warn the parent, guardian, or other	1378
person having care of the child that any subsequent adjudication	1379
of the child as an unruly or delinquent child for being an	1380
habitual or chronic truant may result in a criminal charge against	1381
the parent, guardian, or other person having care of the child for	1382
a violation of division (C) of section 2919.21 or section 2919.24	1383
of the Revised Code.	1384

Sec. 2151.56. The "interstate compact for juveniles" is	1385
hereby ratified, enacted into law, and entered into by the state	1386
of Ohio as a party to the compact with any other state that has	1387
legally joined in the compact as follows:	1388

INTERSTATE COMPACT FOR JUVENILES	1389

Article I -- Purpose	1390

The compacting states to this interstate compact for	1391
juveniles recognize that each state is responsible for the proper	1392
supervision or return of juveniles, delinquents, and status	1393
offenders who are on probation or parole and who have absconded,	1394
escaped, or run away from supervision and control and in so doing	1395
have endangered their own safety and the safety of others. The	1396
compacting states also recognize that each state is responsible	1397
for the safe return of juveniles who have run away from home and	1398
in doing so have left their state of residence. The compacting	1399
states also recognize that congress, by enacting the Crime Control	1400
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged	1401
compacts for cooperative efforts and mutual assistance in the	1402
prevention of crime.	1403

It is the policy of the compacting states that the activities	1404
conducted by the interstate commission for juveniles created by	1405
this compact are the formation of public policies and therefore	1406
are public business. Furthermore, the compacting states shall	1407
cooperate and observe their individual and collective duties and	1408
responsibilities for the prompt return and acceptance of juveniles	1409
subject to the provisions of this compact. The provisions of this	1410
compact shall be reasonably and liberally construed to accomplish	1411
the purposes and policies of the compact.	1412

It is the purpose of this compact, through means of joint and	1413
cooperative action among the compacting states, to do all of the	1414
following:	1415

(A) Ensure that the adjudicated juveniles and status	1416
offenders subject to this compact are provided adequate	1417
supervision and services in the receiving state as ordered by the	1418
adjudicating judge or parole authority in the sending state;	1419

(B) Ensure that the public safety interests of the citizens,	1420
including the victims of juvenile offenders, in both the sending	1421
and receiving states are adequately protected;	1422

(C) Return juveniles who have run away, absconded, or escaped	1423
from supervision or control or have been accused of an offense to	1424
the state requesting their return;	1425

(D) Make contracts for the cooperative institutionalization	1426
in public facilities in member states for delinquent youth needing	1427
special services;	1428

(E) Provide for the effective tracking and supervision of	1429
juveniles;	1430

(F) Equitably allocate the costs, benefits, and obligations	1431
of the compacting states;	1432

(G) Establish procedures to manage the movement between	1433
states of juvenile offenders released to the community under the	1434
jurisdiction of courts, juvenile departments, or any other	1435
criminal or juvenile justice agency that has jurisdiction over	1436
juvenile offenders;	1437

(H) Ensure immediate notice to jurisdictions where defined	1438
offenders are authorized to travel or to relocate across state	1439
lines;	1440

(I) Establish procedures to resolve pending charges, such as	1441
detainers, against juvenile offenders prior to transfer or release	1442
to the community under the terms of this compact;	1443

(J) Establish a system of uniform data collection on	1444
information pertaining to juveniles subject to this compact that	1445
allows access by authorized juvenile justice and criminal justice	1446
officials and regular reporting of compact activities to heads of	1447
state executive, judicial, and legislative branches and juvenile	1448
justice and criminal justice administrators;	1449

(K) Monitor compliance with rules governing interstate	1450
movement of juveniles and initiate interventions to address and	1451
correct noncompliance;	1452

(L) Coordinate training and education regarding the	1453
regulation of interstate movement of juveniles for officials	1454
involved in such activity;	1455

(M) Coordinate the implementation and operation of this	1456
compact with the interstate compact for the placement of children,	1457
the interstate compact for adult offender supervision, and other	1458
compacts affecting juveniles, particularly in those cases where	1459
concurrent or overlapping supervision issues arise.	1460

Article II -- Definitions	1461

As used in this compact, unless the context clearly requires	1462
a different construction:	1463

(A) "Bylaws" means those bylaws established by the interstate	1464
commission for its governance or for directing or controlling its	1465
actions or conduct.	1466

(B) "Compact administrator" means the individual in each	1467
compacting state appointed pursuant to the terms of this compact	1468
who is responsible for the administration and management of the	1469
state's supervision and transfer of juveniles subject to the terms	1470
of this compact, the rules adopted by the interstate commission	1471
under this compact, and policies adopted by the state council	1472
under this compact.	1473

(C) "Compacting state" means any state that has enacted the	1474
enabling legislation for this compact.	1475

(D) "Commissioner" means the voting representative of each	1476
compacting state appointed pursuant to Article III of this	1477
compact.	1478

(E) "Court" means any court having jurisdiction over	1479
delinquent, neglected, or dependent children.	1480

(F) "Interstate commission for juveniles" or "interstate	1481
commission" means the interstate commission for juveniles created	1482
by Article III of this compact.	1483

(G) "Juvenile" means any person defined as a juvenile in any	1484
member state or by the rules of the interstate commission,	1485
including any of the following:	1486

(1) An "accused delinquent," which means a person charged	1487
with a violation of a law or municipal ordinance that, if	1488
committed by an adult, would be a criminal offense;	1489

(2) An "adjudicated delinquent," which means a person found	1490
to have committed a violation of a law or municipal ordinance	1491
that, if committed by an adult, would be a criminal offense;	1492

(3) An "accused status offender," which means a person	1493
charged with a violation of a law or municipal ordinance that	1494
would not be a criminal offense if committed by an adult;	1495

(4) An "adjudicated status offender," which means a person	1496
found to have committed a violation of a law or municipal	1497
ordinance that would not be a criminal offense if committed by an	1498
adult;	1499

(5) A "nonoffender," which means a person in need of	1500
supervision who is not an accused or adjudicated status offender	1501
or delinquent.	1502

(H) "Noncompacting state" means any state that has not	1503
enacted the enabling legislation for this compact.	1504

(I) "Probation or parole" means any kind of supervision or	1505
conditional release of juveniles authorized under the laws of the	1506
compacting states.	1507

(J) "Rule" means a written statement by the interstate	1508
commission promulgated pursuant to Article VI of this compact that	1509
is of general applicability, that implements, interprets, or	1510
prescribes a policy or provision of the compact, or an	1511
organizational, procedural, or practice requirement of the	1512
interstate commission, and that has the force and effect of	1513
statutory law in a compacting state, and includes the amendment,	1514
repeal, or suspension of an existing rule.	1515

(K) "State" means a state of the United States, the District	1516
of Columbia or its designee, the Commonwealth of Puerto Rico, the	1517
U.S. Virgin Islands, Guam, American Samoa, and the Northern	1518
Marianas Islands.	1519

Article III -- Interstate Commission for Juveniles	1520

(A) The compacting states hereby create the "interstate	1521
commission for juveniles." The commission shall be a body	1522
corporate and joint agency of the compacting states. The	1523
commission shall have all the responsibilities, powers, and duties	1524
set forth in this compact, and any additional powers that may be	1525
conferred upon it by subsequent action of the respective	1526
legislatures of the compacting states in accordance with the terms	1527
of this compact.	1528

(B) The interstate commission shall consist of commissioners	1529
appointed by the appropriate appointing authority in each state	1530
pursuant to the rules and requirements of each compacting state	1531
and in consultation with the state council for interstate juvenile	1532
supervision created in the state in accordance with this compact.	1533
The commissioners are the voting representatives of each state.	1534
The commissioner for a state shall be the compact administrator or	1535
designee from that state who shall serve on the interstate	1536
commission in such capacity under or pursuant to the applicable	1537
law of the compacting state.	1538

(C) In addition to the commissioners, the interstate	1539
commission also shall include individuals who are not	1540
commissioners but who are members of interested organizations. The	1541
noncommissioner members shall include a member of the national	1542
organizations of governors, legislators, state chief justices,	1543
attorneys general, interstate compact for adult offender	1544
supervision, interstate compact for the placement of children,	1545
juvenile justice and juvenile corrections officials, and crime	1546
victims. All noncommissioner members of the interstate commission	1547
shall be ex officio, nonvoting members. The interstate commission	1548
may provide in its bylaws for such additional ex officio,	1549
nonvoting members, including members of other national	1550
organizations, in such numbers as shall be determined by the	1551
commission.	1552

(D) Each compacting state represented at any meeting of the	1553
interstate commission is entitled to one vote. A majority of the	1554
compacting states shall constitute a quorum for the transaction of	1555
business, unless a larger quorum is required by the bylaws of the	1556
interstate commission.	1557

(E) The interstate commission shall meet at least once each	1558
calendar year. The chairperson may call additional meetings and,	1559
upon the request of a simple majority of the compacting states,	1560
shall call additional meetings. Public notice shall be given of	1561
all meetings, and all meetings, shall be open to the public.	1562

(F) The interstate commission shall establish an executive	1563
committee, which shall include commission officers, members, and	1564
others as determined by the interstate commission's bylaws. The	1565
executive committee shall have the power to act on behalf of the	1566
interstate commission during periods when the interstate	1567
commission is not in session, with the exception of any rulemaking	1568
or amendment to the compact. The executive committee shall do all	1569
of the following:	1570

(1) Oversee the day-to-day activities of the administration	1571
of the compact, managed by an executive director and interstate	1572
commission staff;	1573

(2) Administer enforcement and compliance with the provisions	1574
of this compact and the interstate commission's bylaws and rules;	1575

(3) Perform any other duties as directed by the interstate	1576
commission or set forth in its bylaws.	1577

(G) Each member of the interstate commission shall have the	1578
right and power to cast a vote to which that compacting state is	1579
entitled and to participate in the business and affairs of the	1580
interstate commission. A member shall vote in person and shall not	1581
delegate a vote to another compacting state. However, a	1582
commissioner, in consultation with the state council for	1583
interstate juvenile supervision for the state, shall appoint	1584
another authorized representative, in the absence of the	1585
commissioner from that state, to cast a vote on behalf of the	1586
compacting state at a specified meeting. The interstate	1587
commission's bylaws may provide for members' participation in	1588
meetings by telephone or other means of telecommunication or	1589
electronic communication.	1590

(H) The interstate commission's bylaws shall establish	1591
conditions and procedures under which the interstate commission	1592
shall make its information and official records available to the	1593
public for inspection or copying. The interstate commission may	1594
exempt from disclosure any information or official records to the	1595
extent the information or official records would adversely affect	1596
personal privacy rights or proprietary interests.	1597

(I) Public notice shall be given of all meetings of the	1598
interstate commission, and all of its meetings shall be open to	1599
the public, except as set forth in the commission's rules or as	1600
otherwise provided in this compact. The interstate commission and	1601
any of its committees may close a meeting to the public when it	1602
determines by two-thirds vote that an open meeting would be likely	1603
to do any of the following:	1604

(1) Relate solely to the interstate commission's internal	1605
personnel practices and procedures;	1606

(2) Disclose matters specifically exempted from disclosure by	1607
statute;	1608

(3) Disclose trade secrets or commercial or financial	1609
information that is privileged or confidential;	1610

(4) Involve accusing any person of a crime or formally	1611
censuring any person;	1612

(5) Disclose information of a personal nature where	1613
disclosure would constitute a clearly unwarranted invasion of	1614
personal privacy;	1615

(6) Disclose investigative records compiled for law	1616
enforcement purposes;	1617

(7) Disclose information contained in or related to	1618
examination, operating, or condition reports prepared by, or on	1619
behalf of or for the use of, the interstate commission with	1620
respect to a regulated person or entity for the purpose of	1621
regulation or supervision of such person or entity;	1622

(8) Disclose information, the premature disclosure of which	1623
would significantly endanger the stability of a regulated person	1624
or entity;	1625

(9) Specifically relate to the interstate commission's	1626
issuance of a subpoena or its participation in a civil action or	1627
other legal proceeding.	1628

(J) For every meeting closed pursuant to division (I) of this	1629
Article of this compact, the interstate commission's legal counsel	1630
shall publicly certify that, in the legal counsel's opinion, the	1631
meeting may be closed to the public and shall reference each	1632
relevant exemptive provision. The interstate commission shall keep	1633
minutes that fully and clearly describe all matters discussed in	1634
any meeting and that provide a full and accurate summary of any	1635
actions taken, and the reasons for the actions, including a	1636
description of each of the views expressed on any item and the	1637
record of any roll call vote (reflected in the vote of each member	1638
on the question). All documents considered in connection with any	1639
action shall be identified in those minutes.	1640

(K) The interstate commission shall collect standardized data	1641
concerning the interstate movement of juveniles as directed	1642
through its rules, which shall specify the data to be collected,	1643
the means of collection and data exchange, and reporting	1644
requirements. Such methods of data collection, exchange, and	1645
reporting shall insofar as is reasonably possible conform to	1646
up-to-date technology and coordinate the interstate commission's	1647
information functions with the appropriate repository of records.	1648

Article IV -- Powers and Duties of the Interstate Commission	1649

The interstate commission shall maintain its corporate books	1650
and records in accordance with its bylaws.	1651

The interstate commission shall have all of the following	1652
powers and duties:	1653

(A) To provide for dispute resolution among compacting	1654
states;	1655

(B) To promulgate rules to affect the purposes and	1656
obligations as enumerated in this compact, which rules shall have	1657
the force and effect of statutory law and shall be binding in the	1658
compacting states to the extent and in the manner provided in this	1659
compact;	1660

(C) To oversee, supervise, and coordinate the interstate	1661
movement of juveniles, subject to the terms of this compact and	1662
any bylaws adopted and rules promulgated by the interstate	1663
commission;	1664

(D) To enforce compliance with the provisions of this	1665
compact, the rules promulgated by the interstate commission, and	1666
the interstate commission's bylaws, using all necessary and proper	1667
means, including but not limited to the use of judicial process;	1668

(E) To establish and maintain offices, which shall be located	1669
within one or more of the compacting states;	1670

(F) To purchase and maintain insurance and bonds;

1671

(G) To borrow, accept, hire, or contract for services of	1672
personnel;	1673

(H) To establish and appoint committees and hire staff that	1674
it considers necessary for the carrying out of its functions,	1675
including, but not limited to, an executive committee as required	1676
by Article III of this compact, which executive committee shall	1677
have the power to act on behalf of the interstate commission in	1678
carrying out its powers and duties under this compact;	1679

(I) To elect or appoint officers, attorneys, employees,	1680
agents, or consultants, to fix their compensation, define their	1681
duties, and determine their qualifications, and to establish the	1682
interstate commission's personnel policies and programs relating	1683
to, inter alia, conflicts of interest, rates of compensation, and	1684
qualifications of personnel;	1685

(J) To accept any and all donations and grants of money,	1686
equipment, supplies, materials, and services and to receive,	1687
utilize, and dispose of same;	1688

(K) To lease, purchase, accept contributions or donations of,	1689
or otherwise to own, hold, improve, or use any real property,	1690
personal property, or mixed real and personal property;	1691

(L) To sell, convey, mortgage, pledge, lease, exchange,	1692
abandon, or otherwise dispose of any real property, personal	1693
property, or mixed real and personal property;	1694

(M) To establish a budget and make expenditures and levy dues	1695
as provided in Article VIII of this compact;	1696

(N) To sue and be sued;

1697

(O) To adopt a seal and bylaws governing the management and	1698
operation of the interstate commission;	1699

(P) To perform any functions that may be necessary or	1700
appropriate to achieve the purposes of this compact;	1701

(Q) To report annually to the legislatures, governors,	1702
judiciary, and state councils for interstate juvenile supervision	1703
of the compacting states concerning the activities of the	1704
interstate commission during the preceding year, and with the	1705
annual reports also including any recommendations that may have	1706
been adopted by the interstate commission.	1707

(R) To coordinate education, training, and public awareness	1708
regarding the interstate movement of juveniles for officials	1709
involved in such activity.	1710

(S) To establish uniform standards of the reporting,	1711
collecting and exchanging of data.	1712

Article V -- Organization and Operation of the Interstate	1713
Commission	1714

Section A. Bylaws

1715

The interstate commission, by a majority of the members	1716
present and voting and within twelve months after the first	1717
interstate commission meeting, shall adopt bylaws to govern its	1718
conduct as may be necessary or appropriate to carry out the	1719
purposes of this compact, including, but not limited to, bylaws	1720
that do all of the following:	1721

(1) Establish the fiscal year of the interstate commission;

1722

(2) Establish an executive committee and any other committees	1723
that may be necessary;	1724

(3) Provide for the establishment of committees governing any	1725
general or specific delegation of any authority or function of the	1726
interstate commission;	1727

(4) Provide reasonable procedures for calling and conducting	1728
meetings of the interstate commission and ensuring reasonable	1729
notice of each such meeting;	1730

(5) Establish the titles and responsibilities of the officers	1731
of the interstate commission;	1732

(6) Provide a mechanism for concluding the operations of the	1733
interstate commission and the return of any surplus funds that may	1734
exist upon the termination of this compact after the payment or	1735
reserving of all of its debts and obligations, or both;	1736

(7) Provide start-up rules for initial administration of this	1737
compact;	1738

(8) Establish standards and procedures for compliance and	1739
technical assistance in carrying out this compact.	1740

Section B. Officers and Staff

1741

(1) The interstate commission, by a majority of the members,	1742
shall elect annually from among its members a chairperson and a	1743
vice chairperson, each of whom shall have such authority and	1744
duties as may be specified in the interstate commission's bylaws.	1745
The chairperson or, in the chairperson's absence or disability,	1746
the vice chairperson shall preside at all meetings of the	1747
interstate commission. The officers so elected shall serve without	1748
compensation or remuneration from the interstate commission;	1749
provided that, subject to the availability of budgeted funds, the	1750
officers shall be reimbursed for any ordinary and necessary costs	1751
and expenses incurred by them in the performance of their duties	1752
and responsibilities as officers of the interstate commission.	1753

(2) The interstate commission, through its executive	1754
committee, shall appoint or retain an executive director for such	1755
period, upon such terms and conditions, and for such compensation	1756
as the interstate commission considers appropriate. The executive	1757
director shall serve as secretary to the interstate commission but	1758
shall not be a member of the interstate commission. The executive	1759
director shall hire and supervise such other staff as may be	1760
authorized by the interstate commission.	1761

Section C. Qualified Immunity, Defense, and Indemnification

1762

(1) Except as otherwise provided in this subsection, the	1763
interstate commission's executive director and each of its	1764
employees shall be immune from suit and liability, either	1765
personally or in the executive director's or employee's official	1766
capacity, for any claim for damage to or loss of property or	1767
personal injury or other civil liability caused or arising out of	1768
or relating to any actual or alleged act, error, or omission that	1769
occurred, or that the executive director or employee had a	1770
reasonable basis for believing occurred, within the scope of	1771
commission employment, duties, or responsibilities. The executive	1772
director or an employee shall not be protected from suit or	1773
liability for any damage, loss, injury, or liability caused by the	1774
executive director's or employee's willful and wanton misconduct	1775
of any such person.	1776

(2) The liability of any commissioner, or the employee or	1777
agent of a commissioner, acting within the scope of such person's	1778
employment or duties for acts, errors, or omissions occurring	1779
within such person's state may not exceed the limits of liability	1780
set forth under the constitution and laws of that state for state	1781
officials, employees, and agents. Nothing in this subsection shall	1782
be construed to protect any such person from suit or liability for	1783
any damage, loss, injury, or liability caused by the intentional	1784
or willful and wanton misconduct of any such person.	1785

(3) Except as otherwise provided in this subsection, the	1786
interstate commission shall defend the executive director or the	1787
employees or representatives of the interstate commission and,	1788
subject to the approval of the attorney general of the state	1789
represented by any commissioner of a compacting state, shall	1790
defend such commissioner or the commissioner's representatives or	1791
employees in any civil action seeking to impose liability arising	1792
out of any actual or alleged act, error, or omission that occurred	1793
within the scope of interstate commission employment, duties, or	1794
responsibilities, or that the defendant had a reasonable basis for	1795
believing occurred within the scope of interstate commission	1796
employment, duties, or responsibilities. The duty to defend	1797
described in this division does not apply if the actual or alleged	1798
act, error, or omission in question resulted from intentional or	1799
willful and wanton misconduct on the part of the executive	1800
director, employee, or representative of the interstate commission	1801
or the commissioner of a compacting state or the commissioner's	1802
representatives or employees.	1803

(4) Except as otherwise provided in this subsection, the	1804
interstate commission shall indemnify and hold the commissioner of	1805
a compacting state, or the commissioner's representatives or	1806
employees, or the interstate commission's representatives or	1807
employees, harmless in the amount of any settlement or judgment	1808
obtained against such persons arising out of any actual or alleged	1809
act, error, or omission that occurred within the scope of	1810
interstate commission employment, duties, or responsibilities, or	1811
that such persons had a reasonable basis for believing occurred	1812
within the scope of interstate commission employment, duties, or	1813
responsibilities. The duty to indemnify and hold harmless	1814
described in this division does not apply if the actual or alleged	1815
act, error, or omission in question resulted from intentional or	1816
willful and wanton misconduct on the part of the commissioner of a	1817
compacting state or the commissioner's representatives or	1818
employees or the interstate commission's representatives or	1819
employees.	1820

Article VI -- Rulemaking Functions of the Interstate Commission	1821

(A) The interstate commission shall promulgate and publish	1822
rules in order to effectively and efficiently achieve the purposes	1823
of this compact.	1824

(B) Rulemaking shall occur pursuant to the criteria set forth	1825
in this Article and the bylaws and rules adopted pursuant thereto.	1826
The rulemaking shall substantially conform to the principles of	1827
the "Model State Administrative Procedures Act," 1981 Act, Uniform	1828
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative	1829
procedures act, as the interstate commission determines	1830
appropriate consistent with due process requirements under the	1831
United States Constitution as now or hereafter interpreted by the	1832
United States Supreme Court. All rules and amendments shall become	1833
binding as of the date specified, as published with the final	1834
version of the rule as approved by the interstate commission.	1835

(C) When promulgating a rule, the interstate commission, at a	1836
minimum, shall do all of the following:	1837

(1) Publish the proposed rule's entire text stating the	1838
reason or reasons for that proposed rule;	1839

(2) Allow and invite any and all persons to submit written	1840
data, facts, opinions, and arguments, which information shall be	1841
added to the record and be made publicly available;	1842

(3) Provide an opportunity for an informal hearing, if	1843
petitioned by ten or more persons;	1844

(4) Promulgate a final rule and its effective date, if	1845
appropriate, based on input from state or local officials, or	1846
interested parties.	1847

(D) When the interstate commission promulgates a rule, not	1848
later than sixty days after the rule is promulgated, any	1849
interested person may file a petition in the United States	1850
district court for the District of Columbia or in the federal	1851
district court where the interstate commission's principal office	1852
is located, for judicial review of the rule. If the court finds	1853
that the interstate commission's action is not supported by	1854
substantial evidence in the rulemaking record, the court shall	1855
hold the rule unlawful and set it aside. For purposes of this	1856
division, evidence is substantial if it would be considered	1857
substantial evidence under the "Model State Administrative	1858
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1	1859
(2000).	1860

(E) If a majority of the legislatures of the compacting	1861
states rejects a rule, those states, by enactment of a statute or	1862
resolution in the same manner used to adopt the compact, may cause	1863
that such rule shall have no further force and effect in any	1864
compacting state.	1865

(F) The existing rules governing the operation of the	1866
interstate compact on juveniles that is superseded by this compact	1867
shall be null and void twelve months after the first meeting of	1868
the interstate commission created under this compact.	1869

(G) Upon determination by the interstate commission that a	1870
state of emergency exists, it may promulgate an emergency rule. An	1871
emergency rule so promulgated shall become effective immediately	1872
upon adoption, provided that the usual rulemaking procedures	1873
specified in this Article shall be retroactively applied to the	1874
emergency rule as soon as reasonably possible, but not later than	1875
ninety days after the effective date of the emergency rule.	1876

Article VII -- Oversight, Enforcement, and Dispute Resolution by	1877
the Interstate Commission	1878

A Oversight and Enforcement

1879

(1) The interstate commission shall oversee the	1880
administration and operations of the interstate movement of	1881
juveniles subject to this compact in the compacting states and	1882
shall monitor such activities being administered in noncompacting	1883
states that may significantly affect compacting states.	1884

(2) The courts and executive agencies in each compacting	1885
state shall enforce this compact and shall take all actions	1886
necessary and appropriate to effectuate this compact's purposes	1887
and intent. The provisions of this compact and the rules	1888
promulgated under it shall be received by all the judges, public	1889
officers, commissions, and departments of the state government as	1890
evidence of the authorized statute and administrative rules. All	1891
courts shall take judicial notice of the compact and the rules. In	1892
any judicial or administrative proceeding in a compacting state	1893
pertaining to the subject matter of this compact that may affect	1894
the powers, responsibilities, or actions of the interstate	1895
commission, the interstate commission shall be entitled to receive	1896
all service of process in the proceeding and shall have standing	1897
to intervene in the proceeding for all purposes.	1898

Section B. Dispute Resolution

1899

(1) The compacting states shall report to the interstate	1900
commission on all issues and activities necessary for the	1901
administration of this compact and on all issues and activities	1902
pertaining to compliance with the provisions of this compact and	1903
the interstate commission's bylaws and rules.	1904

(2) The interstate commission, upon the request of a	1905
compacting state, shall attempt to resolve any disputes or other	1906
issues that are subject to this compact and that may arise among	1907
compacting states and between compacting and non-compacting	1908
states. The interstate commission shall promulgate a rule	1909
providing for both mediation and binding dispute resolution for	1910
disputes among the compacting states.	1911

(3) The interstate commission, in the reasonable exercise of	1912
its discretion, shall enforce the provisions and rules of this	1913
compact using any or all means set forth in Article XI of this	1914
compact.	1915

Article VIII -- Finance	1916

(A) The interstate commission shall pay or provide for the	1917
payment of the reasonable expenses of its establishment,	1918
organization, and ongoing activities.	1919

(B) The interstate commission shall levy on and collect an	1920
annual assessment from each compacting state to cover the cost of	1921
the internal operations and activities of the interstate	1922
commission and its staff. The annual assessment shall be in a	1923
total amount sufficient to cover the interstate commission's	1924
annual budget as approved each year. The aggregate annual	1925
assessment amount shall be allocated based upon a formula to be	1926
determined by the interstate commission, taking into consideration	1927
the population of each compacting state and the volume of	1928
interstate movement of juveniles in each compacting state. The	1929
interstate commission shall promulgate a rule binding upon all	1930
compacting states that governs the assessment.	1931

(C) The interstate commission shall not incur any obligations	1932
of any kind prior to securing the funds adequate to meet the	1933
obligations. The interstate commission shall not pledge the credit	1934
of any of the compacting states, except by and with the authority	1935
of the compacting state.	1936

(D) The interstate commission shall keep accurate accounts of	1937
all receipts and disbursements. The receipts and disbursements of	1938
the interstate commission shall be subject to the audit and	1939
accounting procedures established under its bylaws. However, all	1940
receipts and disbursements of funds handled by the interstate	1941
commission shall be audited yearly by a certified or licensed	1942
public accountant and the report of the audit shall be included in	1943
and become part of the annual report of the interstate commission.	1944

Article IX -- The State Council	1945

Each compacting state shall create a state council for	1946
interstate juvenile supervision. While each compacting state may	1947
determine the membership of its own state council, its membership	1948
must include at least one representative from the legislative,	1949
judicial, and executive branches of government, victims groups,	1950
and the compact administrator or designee. Each compacting state	1951
retains the right to determine the qualifications of the compact	1952
administrator for the state. Each state council shall advise and	1953
may exercise oversight and advocacy concerning that state's	1954
participation in interstate commission activities and other duties	1955
as may be determined by that state, including but not limited to,	1956
development of policy concerning operations and procedures of the	1957
compact within that state.	1958

Article X – Compacting States, Effective Date, and Amendment	1959

(A) Any state, as defined in Article II of this compact, is	1960
eligible to become a compacting state.	1961

(B) This compact shall become effective and binding upon	1962
legislative enactment of the compact into law by no less than	1963
thirty-five of the states. The initial effective date shall be the	1964
later of July 1, 2004, or upon enactment into law by the	1965
thirty-fifth jurisdiction. Thereafter, this compact shall become	1966
effective and binding as to any other compacting state upon	1967
enactment of this compact into law by that state. The governors of	1968
non-compacting states or their designees shall be invited to	1969
participate in the activities of the interstate commission on a	1970
non-voting basis prior to adoption of this compact by all states.	1971

(C) The interstate commission may propose amendments to this	1972
compact for enactment by the compacting states. No amendment shall	1973
become effective and binding upon the interstate commission and	1974
the compacting states unless and until it is enacted into law by	1975
unanimous consent of the compacting states.	1976

Article XI – Withdrawal, Default, Termination, and Judicial	1977
Enforcement	1978

Section A. Withdrawal

1979

(1) Once effective, this compact shall continue in force and	1980
remain binding upon each and every compacting state, provided that	1981
a compacting state may withdraw from this compact by specifically	1982
repealing the statute that enacted this compact into law.	1983

(2) The effective date of withdrawal of a compacting state is	1984
the effective date of the state's repeal of the statute that	1985
enacted this compact into law.	1986

(3) A compacting state that withdraws from this compact shall	1987
immediately notify the chairperson of the interstate commission in	1988
writing upon the introduction of legislation repealing this	1989
compact in the withdrawing state. The interstate commission shall	1990
notify the other compacting states of the withdrawing state's	1991
intent to withdraw within sixty days of the interstate	1992
commission's receipt of the notice from the withdrawing state.	1993

(4) A compacting state that withdraws from this compact is	1994
responsible for all assessments, obligations, and liabilities	1995
incurred through the effective date of withdrawal, including any	1996
obligations, the performance of which extend beyond the effective	1997
date of withdrawal.	1998

(5) If a compacting state withdraws from this compact,	1999
reinstatement of the withdrawing state following withdrawal shall	2000
occur upon the withdrawing state reenacting this compact or upon	2001
such later date as determined by the interstate commission.	2002

Section B. Technical Assistance, Fines, Suspension,	2003
Termination, and Default	2004

(1) If the interstate commission determines that any	2005
compacting state has at any time defaulted in the performance of	2006
any of its obligations or responsibilities under this compact, or	2007
under the interstate commission's bylaws or duly promulgated	2008
rules, the interstate commission may impose one or more of the	2009
following penalties:	2010

(a) Remedial training and technical assistance as directed by	2011
the interstate commission;	2012

(b) Alternative dispute resolution;

2013

(c) Fines, fees, and costs in such amounts as are deemed to	2014
be reasonable as fixed by the interstate commission;	2015

(d) Suspension or termination of membership in this compact,	2016
provided that suspension or termination of membership shall be	2017
imposed only after all other reasonable means of securing	2018
compliance under the bylaws and rules have been exhausted and the	2019
interstate commission has therefore determined that the offending	2020
state is in default. Immediate notice of suspension shall be given	2021
by the interstate commission to the governor of the defaulting	2022
state, its chief justice or the chief judicial officer, the	2023
majority and minority leaders of its state legislature, and the	2024
state council for interstate juvenile supervision. The grounds for	2025
default include, but are not limited to, failure of a compacting	2026
state to perform such obligations or responsibilities imposed upon	2027
it by this compact, by the interstate commission's bylaws, or by	2028
its duly promulgated rules, and any other grounds designated in	2029
commission bylaws and rules. The interstate commission shall	2030
immediately notify the defaulting state in writing of the penalty	2031
imposed by the interstate commission and of the default pending a	2032
cure of the default. The interstate commission shall stipulate the	2033
conditions and the time period within which the defaulting state	2034
must cure its default. If the defaulting state fails to cure the	2035
default within the time period specified by the interstate	2036
commission, the defaulting state shall be terminated from this	2037
compact upon an affirmative vote of a majority of the compacting	2038
states and all rights, privileges, and benefits conferred by this	2039
compact shall be terminated from the effective date of	2040
termination.	2041

(2) Within sixty days of the effective date of termination of	2042
a defaulting compacting state, the interstate commission shall	2043
notify the defaulting state's governor, its chief justice or chief	2044
judicial officer, the majority and minority leaders of its state	2045
legislature, and the state council for interstate juvenile	2046
supervision of the termination.	2047

(3) A defaulting compacting state is responsible for all	2048
assessments, obligations, and liabilities incurred through the	2049
effective date of termination, including any obligations the	2050
performance of which extends beyond the effective date of	2051
termination.	2052

(4) The interstate commission shall not bear any costs	2053
relating to a defaulting compacting state unless otherwise	2054
mutually agreed upon in writing between the interstate commission	2055
and the defaulting state.	2056

(5) If a defaulting compacting state is terminated,	2057
reinstatement of the defaulting state following termination	2058
requires both a reenactment of the compact by the defaulting state	2059
and the approval of the interstate commission pursuant to its	2060
rules.	2061

Section C. Judicial Enforcement

2062

The interstate commission, by majority vote of the members,	2063
may initiate legal action against any compacting state to enforce	2064
compliance with the provisions of this compact, and the interstate	2065
commission's duly promulgated rules and bylaws. Any such action,	2066
if initiated, shall be initiated in the United States district	2067
court for the District of Columbia or, at the discretion of the	2068
interstate commission, in the federal district where the	2069
interstate commission has its offices. In the event judicial	2070
enforcement is necessary, the prevailing party shall be awarded	2071
all costs of the litigation including reasonable attorney's fees.	2072

D Dissolution of Compact

2073

(1) This compact dissolves effective upon the date of the	2074
withdrawal or default of the compacting state, which reduces	2075
membership in this compact to one compacting state.	2076

(2) Upon the dissolution of this compact, the compact becomes	2077
null and void and shall be of no further force or effect, the	2078
business and affairs of the interstate commission shall be	2079
concluded, and any surplus funds shall be distributed in	2080
accordance with the interstate commission's bylaws.	2081

Article XII – Severability and Construction

2082

(A) The provisions of this compact shall be severable, and if	2083
any phrase, clause, sentence, or provision is deemed	2084
unenforceable, the remaining provisions of the compact shall be	2085
enforceable.	2086

(B) The provisions of this compact shall be liberally	2087
construed to effectuate its purposes.	2088

Article XIII – Binding Effect of Compact and Other Laws	2089

Section A. Other Laws

2090

(1) Nothing in this compact prevents the enforcement of any	2091
other law of a compacting state that is not inconsistent with this	2092
compact.	2093

(2) All compacting states' laws, other than state	2094
constitutions and other interstate compacts, conflicting with this	2095
compact are superseded to the extent of the conflict.	2096

Section B. Binding Effect of the Compact

2097

(1) All lawful actions of the interstate commission,	2098
including all rules and bylaws promulgated by the interstate	2099
commission, are binding upon the compacting states.	2100

(2) All agreements between the interstate commission and the	2101
compacting states are binding in accordance with their terms.	2102

(3) Upon the request of a party to a conflict over the	2103
meaning or interpretation of interstate commission actions, and	2104
upon a majority vote of the compacting states, the interstate	2105
commission may issue advisory opinions regarding that meaning or	2106
interpretation.	2107

(4) In the event any provision of this compact exceeds the	2108
constitutional limits imposed on the legislature of any compacting	2109
state, the obligations, duties, powers, or jurisdiction sought to	2110
be conferred by that provision upon the interstate commission	2111
shall be ineffective and such obligations, duties, powers, or	2112
jurisdiction shall remain in the compacting state and shall be	2113
exercised by the agency of that state to which such obligations,	2114
duties, powers, or jurisdiction are delegated by law in effect at	2115
the time this compact becomes effective.	2116

Article XIV – Financial Reimbursement	2117

The state agency responsible for administering this compact	2118
shall have the legal authority to recoup fines, fees and costs	2119
imposed by the interstate commission as stated in Article XI,	2120
Section B, Subsection (1)(c) of this compact when the default in	2121
performance is the result of a decision made by an entity outside	2122
the jurisdiction of the agency administering this compact.	2123

Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of	2124
the Revised Code:	2125

(1) "Interstate compact for juveniles" means the interstate	2126
compact for juveniles ratified, enacted into law, and entered into	2127
by this state pursuant to section 2151.56 of the Revised Code.	2128

(2) "Bylaws," "commissioner," "compact administrator," and	2129
"interstate commission for juveniles" have the same meanings as in	2130
section 2151.56 of the Revised Code.	2131

(B) The state council for interstate juvenile supervision is	2132
hereby established within the department of youth services. The	2133
council shall consist of the following members:	2134

(1) One member who is the compact administrator or the	2135
designee of the compact administrator;	2136

(2) One member of the house of representatives appointed by	2137
the speaker of the house of representatives;	2138

(3) One member of the senate appointed by the president of	2139
the senate;	2140

(4) One member who is a representative of the executive	2141
branch of state government, in addition to the member described in	2142
division (B)(1) of this section, appointed by the governor;	2143

(5) One member who is a representative of the judiciary, who	2144
shall be a juvenile court judge appointed by the chief justice of	2145
the supreme court;	2146

(6) One member who is a person who represents an organization	2147
that advocates for the rights of victims of crime or a delinquent	2148
act, appointed by the governor.	2149

(C) The state council for interstate juvenile supervision	2150
shall advise and may exercise oversight and advocacy concerning	2151
this state's participation in activities of the interstate	2152
commission for juveniles, shall develop policy for this state	2153
concerning operations and procedures of the interstate compact for	2154
juveniles within this state, and shall perform other duties	2155
assigned to state councils under that compact.	2156

Sec. 2151.58. (A) The governor shall appoint the director of	2157
youth services as the compact administrator for the interstate	2158
compact for juveniles.	2159

(B) The governor shall appoint the compact administrator or	2160
shall allow the compact administrator to appoint a designee to	2161
serve as the commissioner from this state on the interstate	2162
commission for juveniles.	2163

Sec. 2151.59. (A) The department of youth services is the	2164
state agency responsible for administering the interstate compact	2165
for juveniles in this state.	2166

(B) The department of youth services shall pay all of the	2167
following:	2168

(1) The annual assessment charged to this state for	2169
participating in the interstate compact for juveniles;	2170

(2) All fines, fees, or costs assessed against this state by	2171
the interstate commission for juveniles for any default in the	2172
performance of this state's obligations or responsibilities under	2173
the compact, the bylaws, or rules duly promulgated under the	2174
compact.	2175

Sec. 2152.02. As used in this chapter:

2176

(A) "Act charged" means the act that is identified in a	2177
complaint, indictment, or information alleging that a child is a	2178
delinquent child.	2179

(B) "Admitted to a department of youth services facility"	2180
includes admission to a facility operated, or contracted for, by	2181
the department and admission to a comparable facility outside this	2182
state by another state or the United States.	2183

(C)(1) "Child" means a person who is under eighteen years of	2184
age, except as otherwise provided in divisions (C)(2) to (7) of	2185
this section.	2186

(2) Subject to division (C)(3) of this section, any person	2187
who violates a federal or state law or a municipal ordinance prior	2188
to attaining eighteen years of age shall be deemed a "child"	2189
irrespective of that person's age at the time the complaint with	2190
respect to that violation is filed or the hearing on the complaint	2191
is held.	2192

(3) Any person who, while under eighteen years of age,	2193
commits an act that would be a felony if committed by an adult and	2194
who is not taken into custody or apprehended for that act until	2195
after the person attains twenty-one years of age is not a child in	2196
relation to that act.	2197

(4) Any person whose case is transferred for criminal	2198
prosecution pursuant to section 2152.12 of the Revised Code shall	2199
be deemed after the transfer not to be a child in the transferred	2200
case.	2201

(5) Any person whose case is transferred for criminal	2202
prosecution pursuant to section 2152.12 of the Revised Code and	2203
who subsequently is convicted of or pleads guilty to a felony in	2204
that case, and any person who is adjudicated a delinquent child	2205
for the commission of an act, who has a serious youthful offender	2206
dispositional sentence imposed for the act pursuant to section	2207
2152.13 of the Revised Code, and whose adult portion of the	2208
dispositional sentence is invoked pursuant to section 2152.14 of	2209
the Revised Code, shall be deemed after the transfer or invocation	2210
not to be a child in any case in which a complaint is filed	2211
against the person.	2212

(6) The juvenile court has jurisdiction over a person who is	2213
adjudicated a delinquent child or juvenile traffic offender prior	2214
to attaining eighteen years of age until the person attains	2215
twenty-one years of age, and, for purposes of that jurisdiction	2216
related to that adjudication, except as otherwise provided in this	2217
division, a person who is so adjudicated a delinquent child or	2218
juvenile traffic offender shall be deemed a "child" until the	2219
person attains twenty-one years of age. If a person is so	2220
adjudicated a delinquent child or juvenile traffic offender and	2221
the court makes a disposition of the person under this chapter, at	2222
any time after the person attains eighteen years of age, the	2223
places at which the person may be held under that disposition are	2224
not limited to places authorized under this chapter solely for	2225
confinement of children, and the person may be confined under that	2226
disposition, in accordance with division (F)(2) of section 2152.26	2227
of the Revised Code, in places other than those authorized under	2228
this chapter solely for confinement of children.	2229

(7) Any person who, while eighteen years of age, violates	2230
division (A)(1) or (2) of section 2919.27 of the Revised Code by	2231
violating a protection order issued or consent agreement approved	2232
under section 2151.34 or 3113.31 of the Revised Code shall be	2233
considered a child for the purposes of that violation of section	2234
2919.27 of the Revised Code.	2235

(D) "Chronic truant" means any child of compulsory school age	2236
who is absent without legitimate excuse for absence from the	2237
public school the child is supposed to attend for seven or more	2238
consecutive school days, ten or more school days in one school	2239
month, or fifteen or more school days in a school year.	2240

(E) "Community corrections facility," "public safety beds,"	2241
"release authority," and "supervised release" have the same	2242
meanings as in section 5139.01 of the Revised Code.	2243

(F) "Delinquent child" includes any of the following:

2244

(1) Any child, except a juvenile traffic offender, who	2245
violates any law of this state or the United States, or any	2246
ordinance of a political subdivision of the state, that would be	2247
an offense if committed by an adult;	2248

(2) Any child who violates any lawful order of the court made	2249
under this chapter or under Chapter 2151. of the Revised Code	2250
other than an order issued under section 2151.87 of the Revised	2251
Code;	2252

(3) Any child who violates division (C) of section 2907.39,	2253
division (A) of section 2923.211, or division (C)(1) or (D) of	2254
section 2925.55 of the Revised Code;	2255

(4) Any child who is a habitual truant and who previously has	2256
been adjudicated an unruly child for being a habitual truant;	2257

(5) Any child who is a chronic truant.

2258

(G) ~~"Discretionary serious youthful offender" means a person~~	2259
~~who is eligible for a discretionary SYO and who is not transferred~~	2260
~~to adult court under a mandatory or discretionary transfer.~~	2261

~~(H) "Discretionary SYO~~"Serious youthful offender	2262
disposition" means a case in which the juvenile court, in the	2263
juvenile court's discretion, may impose a serious youthful	2264
offender ~~disposition~~dispositional sentence under section 2152.13	2265
of the Revised Code.	2266

~~(I) "Discretionary transfer" means that the juvenile court~~	2267
~~has discretion to transfer a case for criminal prosecution under~~	2268
~~division (B) of section 2152.12 of the Revised Code.~~	2269

~~(J)~~(H) "Drug abuse offense," "felony drug abuse offense," and	2270
"minor drug possession offense" have the same meanings as in	2271
section 2925.01 of the Revised Code.	2272

~~(K)~~(I) "Electronic monitoring" and "electronic monitoring	2273
device" have the same meanings as in section 2929.01 of the	2274
Revised Code.	2275

~~(L)~~(J) "Economic loss" means any economic detriment suffered	2276
by a victim of a delinquent act or juvenile traffic offense as a	2277
direct and proximate result of the delinquent act or juvenile	2278
traffic offense and includes any loss of income due to lost time	2279
at work because of any injury caused to the victim and any	2280
property loss, medical cost, or funeral expense incurred as a	2281
result of the delinquent act or juvenile traffic offense.	2282
"Economic loss" does not include non-economic loss or any punitive	2283
or exemplary damages.	2284

~~(M)~~(K)"Firearm" has the same meaning as in section 2923.11 of	2285
the Revised Code.	2286

~~(N)~~(L) "Juvenile traffic offender" means any child who	2287
violates any traffic law, traffic ordinance, or traffic regulation	2288
of this state, the United States, or any political subdivision of	2289
this state, other than a resolution, ordinance, or regulation of a	2290
political subdivision of this state the violation of which is	2291
required to be handled by a parking violations bureau or a joint	2292
parking violations bureau pursuant to Chapter 4521. of the Revised	2293
Code.	2294

~~(O)~~(M) A "legitimate excuse for absence from the public	2295
school the child is supposed to attend" has the same meaning as in	2296
section 2151.011 of the Revised Code.	2297

~~(P) "Mandatory serious youthful offender" means a person who~~	2298
~~is eligible for a mandatory SYO and who is not transferred to~~	2299
~~adult court under a mandatory or discretionary transfer.~~	2300

~~(Q) "Mandatory SYO" means a case in which the juvenile court~~	2301
~~is required to impose a mandatory serious youthful offender~~	2302
~~disposition under section 2152.13 of the Revised Code.~~	2303

~~(R) "Mandatory transfer" means that a case is required to be~~	2304
~~transferred for criminal prosecution under division (A) of section~~	2305
~~2152.12 of the Revised Code.~~	2306

~~(S)~~(N) "Mental illness" has the same meaning as in section	2307
5122.01 of the Revised Code.	2308

~~(T)~~(O) "Mentally retarded person" has the same meaning as in	2309
section 5123.01 of the Revised Code.	2310

~~(U)~~(P) "Monitored time" and "repeat violent offender" have	2311
the same meanings as in section 2929.01 of the Revised Code.	2312

~~(V)~~(Q) "Of compulsory school age" has the same meaning as in	2313
section 3321.01 of the Revised Code.	2314

~~(W)~~(R) "Public record" has the same meaning as in section	2315
149.43 of the Revised Code.	2316

~~(X)~~(S) "Serious youthful offender" means a person who is	2317
eligible for a ~~mandatory SYO or discretionary SYO~~serious youthful	2318
offender disposition, but who is not transferred to adult court	2319
under ~~a mandatory or discretionary transfer~~section 2152.12 of the	2320
Revised Code.	2321

~~(Y)~~(T) "Sexually oriented offense," "juvenile offender	2322
registrant," "child-victim oriented offense," "tier I sex	2323
offender/child-victim offender," "tier II sex	2324
offender/child-victim offender," "tier III sex	2325
offender/child-victim offender," and "public registry-qualified	2326
juvenile offender registrant" have the same meanings as in section	2327
2950.01 of the Revised Code.	2328

~~(Z)~~(U) "Traditional juvenile disposition" means a ~~case that~~	2329
~~is not transferred to adult court under a mandatory or~~	2330
~~discretionary transfer, that is eligible for a~~ disposition under	2331
sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised	2332
Code~~, and~~in a case that is not ~~eligible for a disposition~~	2333
transferred to adult court under section ~~2152.13~~2152.12 of the	2334
Revised Code.	2335

~~(AA)~~(V) "Transfer" means the transfer for criminal	2336
prosecution of a case involving the alleged commission by a child	2337
of an act that would be an offense if committed by an adult from	2338
the juvenile court to the appropriate court that has jurisdiction	2339
of the offense or the transfer for criminal prosecution of a case	2340
when the person charged with the offense is deemed not to be a	2341
child in the circumstances described in division (C)(5) of section	2342
2152.02 of the Revised Code from the juvenile court to the	2343
appropriate court that has jurisdiction of the offense or the	2344
case.	2345

~~(BB) "Category one offense" means any of the following:~~

2346

~~(1) A violation of section 2903.01 or 2903.02 of the Revised~~	2347
~~Code;~~	2348

~~(2) A violation of section 2923.02 of the Revised Code~~	2349
~~involving an attempt to commit aggravated murder or murder.~~	2350

~~(CC) "Category two offense" means any of the following:~~

2351

~~(1) A violation of section 2903.03, 2905.01, 2907.02,~~	2352
~~2909.02, 2911.01, or 2911.11 of the Revised Code;~~	2353

~~(2) A violation of section 2903.04 of the Revised Code that~~	2354
~~is a felony of the first degree;~~	2355

~~(3) A violation of section 2907.12 of the Revised Code as it~~	2356
~~existed prior to September 3, 1996.~~	2357

~~(DD)~~(W) "Non-economic loss" means nonpecuniary harm suffered	2358
by a victim of a delinquent act or juvenile traffic offense as a	2359
result of or related to the delinquent act or juvenile traffic	2360
offense, including, but not limited to, pain and suffering; loss	2361
of society, consortium, companionship, care, assistance,	2362
attention, protection, advice, guidance, counsel, instruction,	2363
training, or education; mental anguish; and any other intangible	2364
loss.	2365

Sec. 2152.021. (A)(1) Subject to division (A)(2) of this	2366
section, any person having knowledge of a child who appears to be	2367
a juvenile traffic offender or to be a delinquent child may file a	2368
sworn complaint with respect to that child in the juvenile court	2369
of the county in which the child has a residence or legal	2370
settlement or in which the traffic offense or delinquent act	2371
allegedly occurred. The sworn complaint may be upon information	2372
and belief, and, in addition to the allegation that the child is a	2373
delinquent child or a juvenile traffic offender, the complaint	2374
shall allege the particular facts upon which the allegation that	2375
the child is a delinquent child or a juvenile traffic offender is	2376
based.	2377

If a child appears to be a delinquent child who is eligible	2378
under section 2152.13 of the Revised Code for a serious youthful	2379
offender ~~dispositional sentence under section 2152.11 of the~~	2380
~~Revised Code~~disposition and if the prosecuting attorney desires	2381
to seek a serious youthful offender dispositional sentence under	2382
that section ~~2152.13 of the Revised Code~~ in regard to the child,	2383
the prosecuting attorney of the county in which the alleged	2384
delinquency occurs may initiate a case in the juvenile court of	2385
the county by presenting the case to a grand jury for indictment,	2386
by charging the child in a bill of information as a serious	2387
youthful offender pursuant to section 2152.13 of the Revised Code,	2388
by requesting a serious youthful offender dispositional sentence	2389
in the original complaint alleging that the child is a delinquent	2390
child, or by filing with the juvenile court a written notice of	2391
intent to seek a serious youthful offender dispositional sentence.	2392

(2) Any person having knowledge of a child who appears to be	2393
a delinquent child for being an habitual or chronic truant may	2394
file a sworn complaint with respect to that child and the parent,	2395
guardian, or other person having care of the child in the juvenile	2396
court of the county in which the child has a residence or legal	2397
settlement or in which the child is supposed to attend public	2398
school. The sworn complaint may be upon information and belief and	2399
shall contain the following allegations:	2400

(a) That the child is a delinquent child for being a chronic	2401
truant or an habitual truant who previously has been adjudicated	2402
an unruly child for being a habitual truant and, in addition, the	2403
particular facts upon which that allegation is based;	2404

(b) That the parent, guardian, or other person having care of	2405
the child has failed to cause the child's attendance at school in	2406
violation of section 3321.38 of the Revised Code and, in addition,	2407
the particular facts upon which that allegation is based.	2408

(B) Any person with standing under applicable law may file a	2409
complaint for the determination of any other matter over which the	2410
juvenile court is given jurisdiction by section 2151.23 of the	2411
Revised Code. The complaint shall be filed in the county in which	2412
the child who is the subject of the complaint is found or was last	2413
known to be found.	2414

(C) Within ten days after the filing of a complaint or the	2415
issuance of an indictment, the court shall give written notice of	2416
the filing of the complaint or the issuance of an indictment and	2417
of the substance of the complaint or indictment to the	2418
superintendent of a city, local, exempted village, or joint	2419
vocational school district if the complaint or indictment alleges	2420
that a child committed an act that would be a criminal offense if	2421
committed by an adult, that the child was sixteen years of age or	2422
older at the time of the commission of the alleged act, and that	2423
the alleged act is any of the following:	2424

(1) A violation of section 2923.122 of the Revised Code that	2425
relates to property owned or controlled by, or to an activity held	2426
under the auspices of, the board of education of that school	2427
district;	2428

(2) A violation of section 2923.12 of the Revised Code, of a	2429
substantially similar municipal ordinance, or of section 2925.03	2430
of the Revised Code that was committed on property owned or	2431
controlled by, or at an activity held under the auspices of, the	2432
board of education of that school district;	2433

(3) A violation of section 2925.11 of the Revised Code that	2434
was committed on property owned or controlled by, or at an	2435
activity held under the auspices of, the board of education of	2436
that school district, other than a violation of that section that	2437
would be a minor drug possession offense if committed by an adult;	2438

(4) A violation of section 2903.01, 2903.02, 2903.03,	2439
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised	2440
Code, or a violation of former section 2907.12 of the Revised	2441
Code, that was committed on property owned or controlled by, or at	2442
an activity held under the auspices of, the board of education of	2443
that school district, if the victim at the time of the commission	2444
of the alleged act was an employee of the board of education of	2445
that school district;	2446

(5) Complicity in any violation described in division (C)(1),	2447
(2), (3), or (4) of this section that was alleged to have been	2448
committed in the manner described in division (C)(1), (2), (3), or	2449
(4) of this section, regardless of whether the act of complicity	2450
was committed on property owned or controlled by, or at an	2451
activity held under the auspices of, the board of education of	2452
that school district.	2453

(D) A public children services agency, acting pursuant to a	2454
complaint or an action on a complaint filed under this section, is	2455
not subject to the requirements of section 3127.23 of the Revised	2456
Code.	2457

(E) For purposes of the record to be maintained by the clerk	2458
under division (B) of section 2152.71 of the Revised Code, when a	2459
complaint is filed that alleges that a child is a delinquent	2460
child, the court shall determine if the victim of the alleged	2461
delinquent act was sixty-five years of age or older or permanently	2462
and totally disabled at the time of the alleged commission of the	2463
act.	2464

Sec. 2152.10. (A) A child who is alleged to be a delinquent	2465
child ~~is eligible for mandatory transfer and shall be transferred~~	2466
~~as provided in section 2152.12 of the Revised Code in any of the~~	2467
~~following circumstances:~~	2468

~~(1) The child is charged with a category one offense and~~	2469
~~either of the following apply:~~	2470

~~(a) The child was sixteen years of age or older at the time~~	2471
~~of the act charged.~~	2472

~~(b) The child was fourteen or fifteen years of age at the~~	2473
~~time of the act charged and previously was adjudicated a~~	2474
~~delinquent child for committing an act that is a category one or~~	2475
~~category two offense and was committed to the legal custody of the~~	2476
~~department of youth services upon the basis of that adjudication.~~	2477

~~(2) The child is charged with a category two offense, other~~	2478
~~than a violation of section 2905.01 of the Revised Code, the child~~	2479
~~was sixteen years of age or older at the time of the commission of~~	2480
~~the act charged, and either or both of the following apply:~~	2481

~~(a) The child previously was adjudicated a delinquent child~~	2482
~~for committing an act that is a category one or a category two~~	2483
~~offense and was committed to the legal custody of the department~~	2484
~~of youth services on the basis of that adjudication.~~	2485

~~(b) The child is alleged to have had a firearm on or about~~	2486
~~the child's person or under the child's control while committing~~	2487
~~the act charged and to have displayed the firearm, brandished the~~	2488
~~firearm, indicated possession of the firearm, or used the firearm~~	2489
~~to facilitate the commission of the act charged.~~	2490

~~(3) Division (A)(2) of section 2152.12 of the Revised Code~~	2491
~~applies.~~	2492

~~(B) Unless the child is subject to mandatory transfer, if a~~	2493
~~child is~~, who is fourteen years of age or older at the time of the	2494
act charged, and ~~if the child~~who is charged with an act that	2495
would be a felony if committed by an adult~~, the child~~ is eligible	2496
for ~~discretionary~~ transfer to the appropriate court for criminal	2497
prosecution. In determining whether to transfer the child for	2498
criminal prosecution, the juvenile court shall follow the	2499
procedures in section 2152.12 of the Revised Code. If the court	2500
does not transfer the child and if the court adjudicates the child	2501
to be a delinquent child for the act charged, the court shall	2502
issue an order of disposition in accordance with ~~section 2152.11~~	2503
~~of the Revised Code~~this chapter.	2504

(B) If a complaint is filed against a person who is deemed	2505
not to be a child in the circumstances described in division	2506
(C)(5) of section 2152.02 of the Revised Code, the person is	2507
eligible for transfer, and the case shall be transferred to the	2508
appropriate court for criminal prosecution.	2509

Sec. 2152.11. (A) A child who is adjudicated a delinquent	2510
child for committing an act that would be a felony if committed by	2511
an adult is eligible for a particular type of disposition under	2512
this section if the child was not transferred under section	2513
2152.12 of the Revised Code. If the complaint, indictment, or	2514
information charging the act includes one or more of the following	2515
factors, the act is considered to be enhanced, and the child is	2516
eligible for a more restrictive disposition under this section;	2517

(1) The act charged against the child would be an offense of	2518
violence if committed by an adult.	2519

(2) During the commission of the act charged, the child used	2520
a firearm, displayed a firearm, brandished a firearm, or indicated	2521
that the child possessed a firearm and actually possessed a	2522
firearm.	2523

(3) The child previously was admitted to a department of	2524
youth services facility for the commission of an act that would	2525
have been aggravated murder, murder, a felony of the first or	2526
second degree if committed by an adult, or an act that would have	2527
been a felony of the third degree and an offense of violence if	2528
committed by an adult.	2529

(B) If a child is adjudicated a delinquent child for	2530
committing an act that would be aggravated murder or murder if	2531
committed by an adult, the child is eligible for whichever of the	2532
following is appropriate:	2533

(1) ~~Mandatory SYO~~Serious youthful offender disposition, if	2534
the act allegedly was committed when the child was fourteen or,	2535
fifteen, sixteen, or seventeen years of age;	2536

(2) ~~Discretionary SYO, if the act was committed when the~~	2537
~~child was ten, eleven, twelve, or thirteen years of age;~~	2538

~~(3)~~ Traditional juvenile, if ~~divisions~~division (B)(1) ~~and~~	2539
~~(2)~~ of this section dodoes not apply.	2540

(C) If a child is adjudicated a delinquent child for	2541
committing an act that would be attempted aggravated murder or	2542
attempted murder if committed by an adult, the child is eligible	2543
for whichever of the following is appropriate:	2544

(1) ~~Mandatory SYO~~Serious youthful offender disposition, if	2545
the act allegedly was committed when the child was fourteen or,	2546
fifteen, sixteen, or seventeen years of age;	2547

(2) ~~Discretionary SYO, if the act was committed when the~~	2548
~~child was ten, eleven, twelve, or thirteen years of age;~~	2549

~~(3)~~ Traditional juvenile, if ~~divisions~~division (C)(1) ~~and~~	2550
~~(2)~~ of this section dodoes not apply.	2551

(D) If a child is adjudicated a delinquent child for	2552
committing an act that would be a felony of the first degree if	2553
committed by an adult, the child is eligible for whichever of the	2554
following is appropriate:	2555

(1) ~~Mandatory SYO~~Serious youthful offender disposition, if	2556
the act ~~allegedly was committed when the child was sixteen or~~	2557
~~seventeen years of age, and the act is enhanced by the factors~~	2558
~~described in division (A)(1) and either division (A)(2) or (3) of~~	2559
~~this section;~~	2560

~~(2) Discretionary SYO, if any of the following applies:~~

2561

~~(a) The act was committed when the child was sixteen or~~	2562
~~seventeen years of age, and division (D)(1) of this section does~~	2563
~~not apply.~~	2564

~~(b) The act~~ was committed when the child was fourteen or,	2565
fifteen, sixteen, or seventeen years of age.	2566

~~(c) The act was committed when the child was twelve or~~	2567
~~thirteen years of age, and the act is enhanced by any factor~~	2568
~~described in division (A)(1), (2), or (3) of this section.~~	2569

~~(d) The act was committed when the child was ten or eleven~~	2570
~~years of age, and the act is enhanced by the factors described in~~	2571
~~division (A)(1) and either division (A)(2) or (3) of this section.~~	2572

~~(3)~~(2) Traditional juvenile, if ~~divisions~~division (D)(1) ~~and~~	2573
~~(2)~~ of this section dodoes not apply.	2574

(E) If a child is adjudicated a delinquent child for	2575
committing an act that would be a felony of the second degree if	2576
committed by an adult, the child is eligible for whichever of the	2577
following is appropriate:	2578

(1) ~~Discretionary SYO~~Serious youthful offender disposition,	2579
if the act was committed when the child was fourteen, fifteen,	2580
sixteen, or seventeen years of age;	2581

(2) ~~Discretionary SYO, if the act was committed when the~~	2582
~~child was twelve or thirteen years of age, and the act is enhanced~~	2583
~~by any factor described in division (A)(1), (2), or (3) of this~~	2584
~~section;~~	2585

~~(3)~~ Traditional juvenile, if ~~divisions~~division (E)(1) ~~and~~	2586
~~(2)~~ of this section dodoes not apply.	2587

(F) If a child is adjudicated a delinquent child for	2588
committing an act that would be a felony of the third degree if	2589
committed by an adult, the child is eligible for whichever of the	2590
following is appropriate:	2591

(1) ~~Discretionary SYO,~~Serious youthful offender disposition	2592
if either of the following applies:	2593

(a) The act was committed when the child was sixteen or	2594
seventeen years of age;	2595

~~(2) Discretionary SYO, if the~~(b) The act was committed when	2596
the child was fourteen or fifteen years of age, and the act is	2597
enhanced by any factor described in division (A)(1), (2), or (3)	2598
of this section;	2599

~~(3)~~(2) Traditional juvenile, if ~~divisions~~division (F)(1) ~~and~~	2600
~~(2)~~ of this section dodoes not apply.	2601

(G) If a child is adjudicated a delinquent child for	2602
committing an act that would be a felony of the fourth or fifth	2603
degree if committed by an adult, the child is eligible for	2604
whichever of the following dispositions is appropriate:	2605

(1) ~~Discretionary SYO~~Serious youthful offender disposition,	2606
if the act was committed when the child was sixteen or seventeen	2607
years of age, and the act is enhanced by any factor described in	2608
division (A)(1), (2), or (3) of this section;	2609

(2) Traditional juvenile, if division (G)(1) of this section	2610
does not apply.	2611

(H) The following table describes the dispositions that a	2612
juvenile court may impose on a delinquent child:	2613

OFFENSE CATEGORY		AGE		AGE		AGE		AGE		2614
(Enhancement factors)		16 & 17		14 & 15		12 & 13		10 & 11		2615

Murder/aggravated murder	~~N/A~~ SYO, TJ	~~MSYO~~ SYO, TJ	~~DSYO,~~ TJ	~~DSYO,~~ TJ	2616
Attempted murder/attempted aggravated murder	~~N/A~~ SYO, TJ	~~MSYO~~ SYO, TJ	~~DSYO,~~ TJ	~~DSYO,~~ TJ	2617
F1 ~~(Enhanced by offense of violence factor and either disposition firearm factor or previous DYS admission factor)~~	~~MSYO~~ SYO, TJ	~~DSYO~~ SYO, TJ	~~DSYO,~~ TJ	~~DSYO,~~ TJ	2618
~~F1 (Enhanced by any single or other combination of enhancement factors)~~	~~DSYO, TJ~~	~~DSYO, TJ~~	~~DSYO, TJ~~	TJ	2619
~~F1 (Not enhanced)~~	~~DSYO, TJ~~	~~DSYO, TJ~~	TJ	TJ	2620
F2 ~~(Enhanced by any enhancement factor)~~	~~DSYO~~ SYO, TJ	~~DSYO~~ SYO, TJ	~~DSYO,~~ TJ	TJ	2621
~~F2 (Not enhanced)~~	~~DSYO, TJ~~	~~DSYO, TJ~~	TJ	TJ	2622
F3 (Enhanced by any enhancement factor)	~~DSYO~~ SYO, TJ	~~DSYO~~ SYO, TJ	TJ	TJ	2623
F3 (Not enhanced)	~~DSYO~~ SYO, TJ	TJ	TJ	TJ	2624
F4 (Enhanced by any enhancement factor)	~~DSYO~~ SYO, TJ	TJ	TJ	TJ	2625
F4 (Not enhanced)	TJ	TJ	TJ	TJ	2626
F5 (Enhanced by any enhancement factor)	~~DSYO~~ SYO, TJ	TJ	TJ	TJ	2627
F5 (Not enhanced)	TJ	TJ	TJ	TJ	2628

(I) The table in division (H) of this section is for	2629
illustrative purposes only. If the table conflicts with any	2630
provision of divisions (A) to (G) of this section, divisions (A)	2631
to (G) of this section shall control.	2632

(J) Key for table in division (H) of this section:

2633

(1) "Any enhancement factor" applies when the criteria	2634
described in division (A)(1), (2), or (3) of this section apply.	2635

(2) ~~The "disposition firearm factor" applies when the~~	2636
~~criteria described in division (A)(2) of this section apply.~~	2637

~~(3) "DSYO" refers to discretionary serious youthful offender~~	2638
~~disposition.~~	2639

~~(4)~~ "F1" refers to an act that would be a felony of the first	2640
degree if committed by an adult.	2641

~~(5)~~(3) "F2" refers to an act that would be a felony of the	2642
second degree if committed by an adult.	2643

~~(6)~~(4) "F3" refers to an act that would be a felony of the	2644
third degree if committed by an adult.	2645

~~(7)~~(5) "F4" refers to an act that would be a felony of the	2646
fourth degree if committed by an adult.	2647

~~(8)~~(6) "F5" refers to an act that would be a felony of the	2648
fifth degree if committed by an adult.	2649

~~(9) "MSYO" refers to mandatory serious youthful offender~~	2650
~~disposition.~~	2651

~~(10) The "offense of violence factor" applies when the~~	2652
~~criteria described in division (A)(1) of this section apply.~~	2653

~~(11) The "previous DYS admission factor" applies when the~~	2654
~~criteria described in division (A)(3) of this section apply.~~	2655

~~(12)~~(7) "SYO" refers to serious youthful offender	2656
disposition.	2657

(8) "TJ" refers to traditional juvenile.

2658

Sec. 2152.12. (A)(1)~~(a) After a complaint has been filed~~	2659
~~alleging that a child is a delinquent child for committing an act~~	2660
~~that would be aggravated murder, murder, attempted aggravated~~	2661
~~murder, or attempted murder if committed by an adult, the juvenile~~	2662
~~court at a hearing shall transfer the case if the child was~~	2663
~~sixteen or seventeen years of age at the time of the act charged~~	2664
~~and there is probable cause to believe that the child committed~~	2665
~~the act charged. The juvenile court also shall transfer the case~~	2666
~~at a hearing if the child was fourteen or fifteen years of age at~~	2667
~~the time of the act charged, if section 2152.10 of the Revised~~	2668
~~Code provides that the child is eligible for mandatory transfer,~~	2669
~~and if there is probable cause to believe that the child committed~~	2670
~~the act charged.~~	2671

~~(b) After a complaint has been filed alleging that a child is~~	2672
~~a delinquent child by reason of committing a category two offense,~~	2673
~~the juvenile court at a hearing shall transfer the case if section~~	2674
~~2152.10 of the Revised Code requires the mandatory transfer of the~~	2675
~~case and there is probable cause to believe that the child~~	2676
~~committed the act charged.~~	2677

~~(2) The juvenile court also shall transfer a case in the~~	2678
~~circumstances described in division (C)(5) of section 2152.02 of~~	2679
~~the Revised Code or if either of the following applies:~~	2680

~~(a) A complaint is filed against a child who is eligible for~~	2681
~~a discretionary transfer under section 2152.10 of the Revised Code~~	2682
~~and who previously was convicted of or pleaded guilty to a felony~~	2683
~~in a case that was transferred to a criminal court.~~	2684

~~(b) A complaint is filed against a child who is domiciled in~~	2685
~~another state alleging that the child is a delinquent child for~~	2686
~~committing an act that would be a felony if committed by an adult,~~	2687
~~and, if the act charged had been committed in that other state,~~	2688
~~the child would be subject to criminal prosecution as an adult~~	2689
~~under the law of that other state without the need for a transfer~~	2690
~~of jurisdiction from a juvenile, family, or similar noncriminal~~	2691
~~court to a criminal court.~~	2692

~~(B) Except as provided in division (A) of this section, after~~	2693
After a complaint has been filed alleging that a child is a	2694
delinquent child for committing an act that would be a felony if	2695
committed by an adult, the juvenile court at a hearing may	2696
transfer the case if the court finds all of the following:	2697

~~(1)~~(a) The child was fourteen years of age or older at the	2698
time of the act charged.	2699

~~(2)~~(b) There is probable cause to believe that the child	2700
committed the act charged.	2701

~~(3)~~(c) The child is not amenable to care or rehabilitation	2702
within the juvenile system, and the safety of the community may	2703
require that the child be subject to adult sanctions. In making	2704
its decision under this division, the court shall consider whether	2705
the applicable factors under division ~~(D)~~(C) of this section	2706
indicating that the case should be transferred outweigh the	2707
applicable factors under division ~~(E)~~(D) of this section	2708
indicating that the case should not be transferred. The record	2709
shall indicate the specific factors that were applicable and that	2710
the court weighed.	2711

(2) Independent of the authority to transfer a case under	2712
division (A)(1) of this section, the juvenile court shall transfer	2713
a case when the person charged is deemed not to be a child in the	2714
circumstances described in division (C)(5) of section 2152.02 of	2715
the Revised Code.	2716

~~(C)~~(B) Before considering a transfer under division ~~(B)~~(A)(1)	2717
of this section, the juvenile court shall order an investigation,	2718
including a mental examination of the child by a public or private	2719
agency or a person qualified to make the examination. The child	2720
may waive the examination required by this division if the court	2721
finds that the waiver is competently and intelligently made.	2722
Refusal to submit to a mental examination by the child constitutes	2723
a waiver of the examination.	2724

~~(D)~~(C) In considering whether to transfer a child under	2725
division ~~(B)~~(A)(1) of this section, the juvenile court shall	2726
consider the following relevant factors, and any other relevant	2727
factors, in favor of a transfer under that division:	2728

(1) The victim of the act charged suffered physical or	2729
psychological harm, or serious economic harm, as a result of the	2730
alleged act.	2731

(2) The physical or psychological harm suffered by the victim	2732
due to the alleged act of the child was exacerbated because of the	2733
physical or psychological vulnerability or the age of the victim.	2734

(3) The child's relationship with the victim facilitated the	2735
act charged.	2736

(4) The child allegedly committed the act charged for hire or	2737
as a part of a gang or other organized criminal activity.	2738

(5) The child had a firearm on or about the child's person or	2739
under the child's control at the time of the act charged, the act	2740
charged is not a violation of section 2923.12 of the Revised Code,	2741
and the child, during the commission of the act charged, allegedly	2742
used or displayed the firearm, brandished the firearm, or	2743
indicated that the child possessed a firearm.	2744

(6) At the time of the act charged, the child was awaiting	2745
adjudication or disposition as a delinquent child, was under a	2746
community control sanction, or was on parole for a prior	2747
delinquent child adjudication or conviction.	2748

(7) The results of any previous juvenile sanctions and	2749
programs indicate that rehabilitation of the child will not occur	2750
in the juvenile system.	2751

(8) The child is emotionally, physically, or psychologically	2752
mature enough for the transfer.	2753

(9) There is not sufficient time to rehabilitate the child	2754
within the juvenile system.	2755

~~(E)~~(D) In considering whether to transfer a child under	2756
division ~~(B)~~(A)(1) of this section, the juvenile court shall	2757
consider the following relevant factors, and any other relevant	2758
factors, against a transfer under that division:	2759

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

2760

(2) The child acted under provocation in allegedly committing	2761
the act charged.	2762

(3) The child was not the principal actor in the act charged,	2763
or, at the time of the act charged, the child was under the	2764
negative influence or coercion of another person.	2765

(4) The child did not cause physical harm to any person or	2766
property, or have reasonable cause to believe that harm of that	2767
nature would occur, in allegedly committing the act charged.	2768

(5) The child previously has not been adjudicated a	2769
delinquent child.	2770

(6) The child is not emotionally, physically, or	2771
psychologically mature enough for the transfer.	2772

(7) The child has a mental illness or is a mentally retarded	2773
person.	2774

(8) There is sufficient time to rehabilitate the child within	2775
the juvenile system and the level of security available in the	2776
juvenile system provides a reasonable assurance of public safety.	2777

~~(F) If one or more complaints are filed alleging that a child~~	2778
~~is a delinquent child for committing two or more acts that would~~	2779
~~be offenses if committed by an adult, if a motion is made alleging~~	2780
~~that division (A) of this section applies and requires that the~~	2781
~~case or cases involving one or more of the acts charged be~~	2782
~~transferred for, and if a motion also is made requesting that the~~	2783
~~case or cases involving one or more of the acts charged be~~	2784
~~transferred pursuant to division (B) of this section, the juvenile~~	2785
~~court, in deciding the motions, shall proceed in the following~~	2786
~~manner:~~	2787

~~(1) Initially, the court shall decide the motion alleging~~	2788
~~that division (A) of this section applies and requires that the~~	2789
~~case or cases involving one or more of the acts charged be~~	2790
~~transferred.~~	2791

~~(2) If the court determines that division (A) of this section~~	2792
~~applies and requires that the case or cases involving one or more~~	2793
~~of the acts charged be transferred, the court shall transfer the~~	2794
~~case or cases in accordance with that division. After the transfer~~	2795
~~pursuant to division (A) of this section, the court shall decide,~~	2796
~~in accordance with division (B) of this section, whether to grant~~	2797
~~the motion requesting that the case or cases involving one or more~~	2798
~~of the acts charged be transferred pursuant to that division.~~	2799
~~Notwithstanding division (B) of this section, prior to~~	2800
~~transferring a case pursuant to division (A) of this section, the~~	2801
~~court is not required to consider any factor specified in division~~	2802
~~(D) or (E) of this section or to conduct an investigation under~~	2803
~~division (C) of this section.~~	2804

~~(3) If the court determines that division (A) of this section~~	2805
~~does not require that the case or cases involving one or more of~~	2806
~~the acts charged be transferred, the court shall decide in~~	2807
~~accordance with division (B) of this section whether to grant the~~	2808
~~motion requesting that the case or cases involving one or more of~~	2809
~~the acts charged be transferred pursuant to that division.~~	2810

~~(G)~~(E) The court shall give notice in writing of the time,	2811
place, and purpose of any hearing held pursuant to division (A)	2812
~~or (B)~~(1) of this section to the child's parents, guardian, or	2813
other custodian and to the child's counsel at least three days	2814
prior to the hearing.	2815

~~(H)~~(F) No person, either before or after reaching eighteen	2816
years of age, shall be prosecuted as an adult for an offense	2817
committed prior to becoming eighteen years of age, unless the	2818
person has been transferred as provided in division (A)(1)~~or (B)~~	2819
of this section or unless division ~~(J)~~(H) of this section applies.	2820
Any prosecution that is had in a criminal court on the mistaken	2821
belief that the person who is the subject of the case was eighteen	2822
years of age or older at the time of the commission of the offense	2823
shall be deemed a nullity, and the person shall not be considered	2824
to have been in jeopardy on the offense.	2825

~~(I)~~(G) Upon the transfer of a case under division (A)(1) or	2826
~~(B)~~(2) of this section, the juvenile court shall state the reasons	2827
for the transfer on the record, and shall order the child to enter	2828
into a recognizance with good and sufficient surety for the	2829
child's appearance before the appropriate court for any	2830
disposition that the court is authorized to make for a similar act	2831
committed by an adult. The transfer abates the jurisdiction of the	2832
juvenile court with respect to the delinquent acts alleged in the	2833
complaint, and, upon the transfer, all further proceedings	2834
pertaining to the act charged shall be discontinued in the	2835
juvenile court, and the case then shall be within the jurisdiction	2836
of the court to which it is transferred as described in division	2837
(H) of section 2151.23 of the Revised Code.	2838

~~(J)~~(H) If a person under eighteen years of age allegedly	2839
commits an act that would be a felony if committed by an adult and	2840
if the person is not taken into custody or apprehended for that	2841
act until after the person attains twenty-one years of age, the	2842
juvenile court does not have jurisdiction to hear or determine any	2843
portion of the case charging the person with committing that act.	2844
In those circumstances, ~~divisions~~division (A) ~~and (B)~~ of this	2845
section dodoes not apply regarding the act, and the case charging	2846
the person with committing the act shall be a criminal prosecution	2847
commenced and heard in the appropriate court having jurisdiction	2848
of the offense as if the person had been eighteen years of age or	2849
older when the person committed the act. All proceedings	2850
pertaining to the act shall be within the jurisdiction of the	2851
court having jurisdiction of the offense, and that court has all	2852
the authority and duties in the case as it has in other criminal	2853
cases in that court.	2854

Sec. 2152.13. (A)(1) A child is eligible for a serious	2855
youthful offender dispositional sentence under this section only	2856
if the following conditions apply:	2857

(a) The child is adjudicated a delinquent child for	2858
committing an act that would be a felony if committed by an adult.	2859

(b) The child was fourteen years of age or older when the act	2860
was committed.	2861

(c) The child is eligible for a serious youthful offender	2862
disposition under section 2152.11 of the Revised Code.	2863

(d) The child was not transferred under section 2152.12 of	2864
the Revised Code.	2865

(2) A juvenile court may impose a serious youthful offender	2866
dispositional sentence on a child only if the prosecuting attorney	2867
of the county in which the delinquent act allegedly occurred	2868
initiates the process against the child in accordance with this	2869
division, and the child is an alleged delinquent child who is	2870
eligible under division (A)(1) of this section for ~~the~~a serious	2871
youthful offender dispositional sentence. The prosecuting attorney	2872
may initiate the process in any of the following ways:	2873

~~(1)~~(a) Obtaining an indictment of the child as a serious	2874
youthful offender;	2875

~~(2) The~~(b) If the child waives the right to indictment,	2876
charging the child in a bill of information as a serious youthful	2877
offender;	2878

~~(3)~~(c) Until an indictment or information is obtained,	2879
requesting a serious youthful offender dispositional sentence in	2880
the original complaint alleging that the child is a delinquent	2881
child;	2882

~~(4)~~(d) Until an indictment or information is obtained, if the	2883
original complaint does not request a serious youthful offender	2884
dispositional sentence, filing with the juvenile court a written	2885
notice of intent to seek a serious youthful offender dispositional	2886
sentence within twenty days after the later of the following,	2887
unless the time is extended by the juvenile court for good cause	2888
shown:	2889

~~(a)~~(i) The date of the child's first juvenile court hearing	2890
regarding the complaint;	2891

~~(b)~~(ii) The date the juvenile court determines not to	2892
transfer the case under section 2152.12 of the Revised Code.	2893

After a written notice is filed under division (A)~~(4)~~(2)(d)	2894
of this section, the juvenile court shall serve a copy of the	2895
notice on the child and advise the child of the prosecuting	2896
attorney's intent to seek a serious youthful offender	2897
dispositional sentence in the case.	2898

(B) If an alleged delinquent child is not indicted or charged	2899
by information as described in division (A)~~(1)~~(2)(a) or ~~(2)~~(b) of	2900
this section and if a notice or complaint as described in division	2901
(A)~~(3)~~(2)(c) or ~~(4)~~(d) of this section indicates that the	2902
prosecuting attorney intends to pursue a serious youthful offender	2903
dispositional sentence in the case, the juvenile court shall hold	2904
a preliminary hearing to determine if there is probable cause that	2905
the child committed the act charged and is ~~by age~~ eligible under	2906
division (A)(1) of this section for~~, or required to receive,~~ a	2907
serious youthful offender dispositional sentence.	2908

(C)(1) A child for whom a serious youthful offender	2909
dispositional sentence is sought has the right to a grand jury	2910
determination of probable cause that the child committed the act	2911
charged and that the child is eligible ~~by age~~under division	2912
(A)(1) of this section for a serious youthful offender	2913
dispositional sentence. The grand jury may be impaneled by the	2914
court of common pleas or the juvenile court.	2915

Once a child is indicted, or charged by information or the	2916
juvenile court determines that the child is eligible under	2917
division (A)(1) of this section for a serious youthful offender	2918
dispositional sentence, the child is entitled to an open and	2919
speedy trial by jury in juvenile court and to be provided with a	2920
transcript of the proceedings. The time within which the trial is	2921
to be held under Title XXIX of the Revised Code commences on	2922
whichever of the following dates is applicable:	2923

(a) If the child is indicted or charged by information, on	2924
the date of the filing of the indictment or information.	2925

(b) If the child is charged by an original complaint that	2926
requests a serious youthful offender dispositional sentence, on	2927
the date of the filing of the complaint.	2928

(c) If the child is not charged by an original complaint that	2929
requests a serious youthful offender dispositional sentence, on	2930
the date that the prosecuting attorney files the written notice of	2931
intent to seek a serious youthful offender dispositional sentence.	2932

(2) If ~~the~~a child for whom a serious youthful offender	2933
dispositional sentence is sought is detained awaiting	2934
adjudication, upon indictment or being charged by information, the	2935
child has the same right to bail as an adult charged with the	2936
offense the alleged delinquent act would be if committed by an	2937
adult. Except as provided in division (D) of section 2152.14 of	2938
the Revised Code, all provisions of Title XXIX of the Revised Code	2939
and the Criminal Rules shall apply in the case and to the child.	2940
The juvenile court shall afford the child all rights afforded a	2941
person who is prosecuted for committing a crime including the	2942
right to counsel and the right to raise the issue of competency.	2943
The child may not waive the right to counsel.	2944

(D)(1) ~~If a child is adjudicated a delinquent child for~~	2945
~~committing an act under circumstances that require the juvenile~~	2946
~~court to impose upon the child a serious youthful offender~~	2947
~~dispositional sentence under section 2152.11 of the Revised Code,~~	2948
~~all of the following apply:~~	2949

~~(a) The juvenile court shall impose upon the child a sentence~~	2950
~~available for the violation, as if the child were an adult, under~~	2951
~~Chapter 2929. of the Revised Code, except that the juvenile court~~	2952
~~shall not impose on the child a sentence of death or life~~	2953
~~imprisonment without parole.~~	2954

~~(b) The juvenile court also shall impose upon the child one~~	2955
~~or more traditional juvenile dispositions under sections 2152.16,~~	2956
~~2152.19, and 2152.20, and, if applicable, section 2152.17 of the~~	2957
~~Revised Code.~~	2958

~~(c) The juvenile court shall stay the adult portion of the~~	2959
~~serious youthful offender dispositional sentence pending the~~	2960
~~successful completion of the traditional juvenile dispositions~~	2961
~~imposed.~~	2962

~~(2)~~(a) If a child is adjudicated a delinquent child ~~for~~	2963
~~committing an act~~and under ~~circumstances that allow, but do not~~	2964
~~require, the juvenile court to impose on~~division (A)(1) of this	2965
section the child is eligible for a serious youthful offender	2966
dispositional sentence ~~under section 2152.11 of the Revised Code~~,	2967
all of the following apply:	2968

(i) If the juvenile court on the record makes a finding that,	2969
given the nature and circumstances of the violation and the	2970
history of the child, the length of time, level of security, and	2971
types of programming and resources available in the juvenile	2972
system alone are not adequate to provide the juvenile court with a	2973
reasonable expectation that the purposes set forth in section	2974
2152.01 of the Revised Code will be met, the juvenile court may	2975
impose upon the child a sentence available for the violation, as	2976
if the child were an adult, under Chapter 2929. of the Revised	2977
Code, except that the juvenile court shall not impose on the child	2978
a sentence of death or life imprisonment without parole.	2979

(ii) If a sentence is imposed under division (D)~~(2)~~(1)(a)(i)	2980
of this section, the juvenile court also shall impose upon the	2981
child one or more traditional juvenile dispositions under sections	2982
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	2983
of the Revised Code.	2984

(iii) The juvenile court shall stay the adult portion of the	2985
serious youthful offender dispositional sentence pending the	2986
successful completion of the traditional juvenile dispositions	2987
imposed.	2988

(b) If the juvenile court does not find that a sentence	2989
should be imposed under division (D)~~(2)~~(1)(a)(i) of this section,	2990
the juvenile court may impose one or more traditional juvenile	2991
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	2992
applicable, section 2152.17 of the Revised Code.	2993

~~(3)~~(2) A child upon whom a serious youthful offender	2994
dispositional sentence is imposed under division (D)(1) ~~or (2)~~ of	2995
this section has a right to appeal under division (A)(1), (3),	2996
(4), (5), or (6) of section 2953.08 of the Revised Code the adult	2997
portion of the serious youthful offender dispositional sentence	2998
when any of those divisions apply. The child may appeal the adult	2999
portion, and the court shall consider the appeal as if the adult	3000
portion were not stayed.	3001

Sec. 2152.14. (A)(1) The director of youth services may	3002
request the prosecuting attorney of the county in which is located	3003
the juvenile court that imposed a serious youthful offender	3004
dispositional sentence upon a person under section 2152.13 of the	3005
Revised Code to file a motion with that juvenile court to invoke	3006
the adult portion of the dispositional sentence if all of the	3007
following apply to the person:	3008

(a) The person is at least fourteen years of age.

3009

(b) The person is in the institutional custody, or an escapee	3010
from the custody, of the department of youth services.	3011

(c) The person is serving the juvenile portion of the serious	3012
youthful offender dispositional sentence.	3013

(2) The motion shall state that there is reasonable cause to	3014
believe that either of the following misconduct has occurred and	3015
shall state that at least one incident of misconduct of that	3016
nature occurred after the person reached fourteen years of age:	3017

(a) The person committed an act that is a violation of the	3018
rules of the institution and that could be charged as any felony	3019
or as a first degree misdemeanor offense of violence if committed	3020
by an adult.	3021

(b) The person has engaged in conduct that creates a	3022
substantial risk to the safety or security of the institution, the	3023
community, or the victim.	3024

(B) If a person is at least fourteen years of age, is serving	3025
the juvenile portion of a serious youthful offender dispositional	3026
sentence imposed under section 2152.13 of the Revised Code, and is	3027
on parole or aftercare from a department of youth services	3028
facility, or on community control, the director of youth services,	3029
the juvenile court that imposed the serious youthful offender	3030
dispositional sentence on the person, or the probation department	3031
supervising the person may request the prosecuting attorney of the	3032
county in which is located the juvenile court to file a motion	3033
with the juvenile court to invoke the adult portion of the	3034
dispositional sentence. The prosecuting attorney may file a motion	3035
to invoke the adult portion of the dispositional sentence even if	3036
no request is made. The motion shall state that there is	3037
reasonable cause to believe that either of the following occurred	3038
and shall state that at least one incident of misconduct of that	3039
nature occurred after the person reached fourteen years of age:	3040

(1) The person committed an act that is a violation of the	3041
conditions of supervision and that could be charged as any felony	3042
or as a first degree misdemeanor offense of violence if committed	3043
by an adult.	3044

(2) The person has engaged in conduct that creates a	3045
substantial risk to the safety or security of the community or of	3046
the victim.	3047

(C) If the prosecuting attorney declines a request to file a	3048
motion that was made by the department of youth services or the	3049
supervising probation department under division (A) or (B) of this	3050
section or fails to act on a request made under either division by	3051
the department within a reasonable time, the department of youth	3052
services or the supervising probation department may file a motion	3053
of the type described in division (A) or (B) of this section with	3054
the juvenile court to invoke the adult portion of the serious	3055
youthful offender dispositional sentence. If the prosecuting	3056
attorney declines a request to file a motion that was made by the	3057
juvenile court under division (B) of this section or fails to act	3058
on a request from the court under that division within a	3059
reasonable time, the juvenile court may hold the hearing described	3060
in division (D) of this section on its own motion.	3061

(D) Upon the filing of a motion described in division (A),	3062
(B), or (C) of this section, the juvenile court may hold a hearing	3063
to determine whether to invoke the adult portion of a person's	3064
serious juvenile offender dispositional sentence. The juvenile	3065
court shall not invoke the adult portion of the dispositional	3066
sentence without a hearing. At the hearing the person who is the	3067
subject of the serious youthful offender disposition has the right	3068
to be present, to receive notice of the grounds upon which the	3069
adult sentence portion is sought to be invoked, to be represented	3070
by counsel including counsel appointed under Juvenile Rule 4(A),	3071
to be advised on the procedures and protections set forth in the	3072
Juvenile Rules, and to present evidence on the person's own	3073
behalf, including evidence that the person has a mental illness or	3074
is a mentally retarded person. The person may not waive the right	3075
to counsel. The hearing shall be open to the public. If the person	3076
presents evidence that the person has a mental illness or is a	3077
mentally retarded person, the juvenile court shall consider that	3078
evidence in determining whether to invoke the adult portion of the	3079
serious youthful offender dispositional sentence.	3080

(E)(1) The juvenile court may invoke the adult portion of a	3081
person's serious youthful offender dispositional sentence if the	3082
juvenile court finds all of the following on the record by clear	3083
and convincing evidence:	3084

(a) The person is serving the juvenile portion of a serious	3085
youthful offender dispositional sentence.	3086

(b) The person is at least fourteen years of age and has been	3087
admitted to a department of youth services facility, or criminal	3088
charges are pending against the person.	3089

(c) The person engaged in the conduct or acts charged under	3090
division (A), (B), or (C) of this section, and the person's	3091
conduct demonstrates that the person is unlikely to be	3092
rehabilitated during the remaining period of juvenile	3093
jurisdiction.	3094

(2) The court may modify the adult sentence the court invokes	3095
to consist of any lesser prison term that could be imposed for the	3096
offense and, in addition to the prison term or in lieu of the	3097
prison term if the prison term was not mandatory, any community	3098
control sanction that the offender was eligible to receive at	3099
sentencing.	3100

(F) If a juvenile court issues an order invoking the adult	3101
portion of a serious youthful offender dispositional sentence	3102
under division (E) of this section, the juvenile portion of the	3103
dispositional sentence shall terminate, and the department of	3104
youth services shall transfer the person to the department of	3105
rehabilitation and correction or place the person under another	3106
sanction imposed as part of the sentence. The juvenile court shall	3107
state in its order the total number of days that the person has	3108
been held in detention or in a facility operated by, or under	3109
contract with, the department of youth services under the juvenile	3110
portion of the dispositional sentence. The time the person must	3111
serve on a prison term imposed under the adult portion of the	3112
dispositional sentence shall be reduced by the total number of	3113
days specified in the order plus any additional days the person is	3114
held in a juvenile facility or in detention after the order is	3115
issued and before the person is transferred to the custody of the	3116
department of rehabilitation and correction. In no case shall the	3117
total prison term as calculated under this division exceed the	3118
maximum prison term available for an adult who is convicted of	3119
violating the same sections of the Revised Code.	3120

Any community control imposed as part of the adult sentence	3121
or as a condition of a judicial release from prison shall be under	3122
the supervision of the entity that provides adult probation	3123
services in the county. Any post-release control imposed after the	3124
offender otherwise is released from prison shall be supervised by	3125
the adult parole authority.	3126

Sec. 2152.17. (A) Subject to division (D) of this section,	3127
if a child is adjudicated a delinquent child for committing an	3128
act, other than a violation of section 2923.12 of the Revised	3129
Code, that would be a felony if committed by an adult ~~and~~, if the	3130
court determines that, if the child was an adult, the child would	3131
be guilty of a specification of the type set forth in section	3132
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or	3133
2941.1415 of the Revised Code, and if the court commits the child	3134
to the department of youth services for the underlying delinquent	3135
act under sections 2152.12 to 2152.16 of the Revised Code, in	3136
addition to ~~any~~that commitment orand any other disposition the	3137
court imposes for the underlying delinquent act, all of the	3138
following apply:	3139

(1) If the court determines that the child would be guilty of	3140
a specification of the type set forth in section 2941.141 of the	3141
Revised Code, the court may commit the child to the department of	3142
youth services for the specification for a definite period of up	3143
to one year.	3144

(2) If the court determines that the child would be guilty of	3145
a specification of the type set forth in section 2941.145 of the	3146
Revised Code ~~or if~~as a result of the fact that the child had a	3147
firearm on or about the child's person or under the child's	3148
control while committing the offense and displayed the firearm or	3149
indicated that the child possessed the firearm, the court may	3150
commit the child to the department of youth services for the	3151
specification for a definite period of not more than three years.	3152

(3) If the court determines that the child would be guilty of	3153
a specification of the type set forth in section 2941.145 of the	3154
Revised Code as a result of the fact that the child had a firearm	3155
on or about the child's person or under the child's control while	3156
committing the offense and brandished the firearm or used it to	3157
facilitate the offense, the court shall commit the child to the	3158
department of youth services for the specification for a definite	3159
period of not more than three years.	3160

(4) If the delinquent act is a violation of division (A)(1)	3161
or (2) of section 2903.06 of the Revised Code and the court	3162
determines that the child would be guilty of a specification of	3163
the type set forth in section 2941.1415 of the Revised Code, the	3164
court shall commit the child to the department of youth services	3165
for the specification for a definite period of ~~not less than one~~	3166
~~and~~ not more than three years~~, and the court also shall commit the~~	3167
~~child to the department for the underlying delinquent act under~~	3168
~~sections 2152.11 to 2152.16 of the Revised Code~~.	3169

~~(3)~~(5) If the court determines that the child would be guilty	3170
of a specification of the type set forth in section 2941.144,of	3171
the Revised Code, the court may commit the child to the department	3172
of youth services for the specification for a definite period of	3173
not more than five years.	3174

(6) If the court determines that the child would be guilty of	3175
a specification of the type set forth in section 2941.146, or	3176
2941.1412 of the Revised Code or if the delinquent act is a	3177
violation of division (A)(1) or (2) of section 2903.06 of the	3178
Revised Code and the court determines that the child would be	3179
guilty of a specification of the type set forth in section	3180
2941.1414 of the Revised Code, the court shall commit the child to	3181
the department of youth services for the specification for a	3182
definite period of ~~not less than one and~~ not more than five years,	3183
~~and the court also shall commit the child to the department for~~	3184
~~the underlying delinquent act under sections 2152.11 to 2152.16 of~~	3185
~~the Revised Code~~.	3186

(B) ~~Division (A) of this section also applies to a child who~~	3187
~~is an accomplice to the same extent the firearm specifications~~	3188
~~would apply to an adult accomplice in a criminal proceeding~~If a	3189
child is adjudicated a delinquent child for committing an act,	3190
other than a violation of section 2923.12 of the Revised Code,	3191
that would be a felony if committed by an adult, if the court	3192
determines that the child is complicit in another person's conduct	3193
that is of such a nature that, if the other person was an adult,	3194
the other person would be guilty of a specification of a type	3195
described in division (A)(1), (2), or (3) of this section, if the	3196
other person's conduct relates to the child's underlying	3197
delinquent act, and if the court commits the child to the	3198
department of youth services for the underlying delinquent act	3199
under sections 2152.12 to 2152.16 of the Revised Code, in addition	3200
to that commitment and any other disposition the court imposes for	3201
the underlying delinquent act, the court may commit the child to	3202
the department of youth services for the specification for a	3203
definite period of not more than one year, subject to division	3204
(D)(2) of this section.	3205

(C) If a child is adjudicated a delinquent child for	3206
committing an act that would be aggravated murder, murder, or a	3207
first, second, or third degree felony offense of violence if	3208
committed by an adult and if the court determines that, if the	3209
child was an adult, the child would be guilty of a specification	3210
of the type set forth in section 2941.142 of the Revised Code in	3211
relation to the act for which the child was adjudicated a	3212
delinquent child, the court shall commit the child for the	3213
specification to the legal custody of the department of youth	3214
services for institutionalization in a secure facility for a	3215
definite period of ~~not less than one and~~ not more than three	3216
years, subject to division (D)(2) of this section~~, and the court~~	3217
~~also shall commit the child to the department for the underlying~~	3218
~~delinquent act~~.	3219

(D)(1) If the child is adjudicated a delinquent child for	3220
committing an act that would be an offense of violence that is a	3221
felony if committed by an adult and is committed to the legal	3222
custody of the department of youth services pursuant to division	3223
(A)(1) of section 2152.16 of the Revised Code and if the court	3224
determines that the child, if the child was an adult, would be	3225
guilty of a specification of the type set forth in section	3226
2941.1411 of the Revised Code in relation to the act for which the	3227
child was adjudicated a delinquent child, the court may commit the	3228
child to the custody of the department of youth services for	3229
institutionalization in a secure facility for up to two years,	3230
subject to division (D)(2) of this section.	3231

(2) A court that imposes a period of commitment under	3232
division (A) or (B) of this section is not precluded from imposing	3233
an additional period of commitment under division (C) or (D)(1) of	3234
this section, a court that imposes a period of commitment under	3235
division (C) of this section is not precluded from imposing an	3236
additional period of commitment under division (A), (B), or (D)(1)	3237
of this section, and a court that imposes a period of commitment	3238
under division (D)(1) of this section is not precluded from	3239
imposing an additional period of commitment under division (A),	3240
(B), or (C) of this section.	3241

(E) The court shall not commit a child to the legal custody	3242
of the department of youth services for a specification pursuant	3243
to this section for a period that exceeds five years for any one	3244
delinquent act. Any commitment imposed pursuant to division (A),	3245
(B), (C), or (D)(1) of this section shall be in addition to, and	3246
shall be served consecutively with and prior to, a period of	3247
commitment ordered under this chapter for the underlying	3248
delinquent act, and ~~each~~the child shall be eligible for judicial	3249
release during the commitments in accordance with section 2152.22	3250
of the Revised Code. Each commitment imposed pursuant to division	3251
(A), (B), (C), or (D)(1) of this section shall be in addition to,	3252
and shall be served consecutively with, any other period of	3253
commitment imposed under any of those divisions, and the child	3254
shall be eligible for judicial release during the commitments in	3255
accordance with section 2152.22 of the Revised Code. If a	3256
commitment is imposed under division (A) or (B) of this section	3257
and a commitment also is imposed under division (C) of this	3258
section, the period imposed under division (A) or (B) of this	3259
section shall be served prior to the period imposed under division	3260
(C) of this section, and the child shall be eligible for judicial	3261
release during the commitments in accordance with section 2152.22	3262
of the Revised Code.	3263

In each case in which a court makes a disposition under this	3264
section, the court retains control over the commitment for the	3265
entire period of the commitment.	3266

The total of all the periods of commitment imposed for any	3267
specification under this section and for the underlying offense	3268
shall not exceed the child's attainment of twenty-one years of	3269
age.	3270

(F) If a child is adjudicated a delinquent child for	3271
committing two or more acts that would be felonies if committed by	3272
an adult and if the court entering the delinquent child	3273
adjudication orders the commitment of the child for two or more of	3274
those acts to the legal custody of the department of youth	3275
services for institutionalization in a secure facility pursuant to	3276
section 2152.13 or 2152.16 of the Revised Code, the court may	3277
order that all of the periods of commitment imposed under those	3278
sections for those acts be served consecutively in the legal	3279
custody of the department of youth services, provided that those	3280
periods of commitment shall be in addition to and commence	3281
immediately following the expiration of a period of commitment	3282
that the court imposes pursuant to division (A), (B), (C), or	3283
(D)(1) of this section. A court shall not commit a delinquent	3284
child to the legal custody of the department of youth services	3285
under this division for a period that exceeds the child's	3286
attainment of twenty-one years of age.	3287

Sec. 2152.22. (A) When a child is committed to the legal	3288
custody of the department of youth services under this chapter,	3289
the juvenile court relinquishes control with respect to the child	3290
so committed, except as provided in divisions (B), (C), and (G) of	3291
this section or in sections 2152.82 to 2152.86 of the Revised	3292
Code. Subject to divisions (B) and (C) of this section, sections	3293
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections	3294
2152.82 to 2152.86 of the Revised Code, and any other provision of	3295
law that specifies a different duration for a dispositional order,	3296
all other dispositional orders made by the court under this	3297
chapter shall be temporary and shall continue for a period that is	3298
designated by the court in its order, until terminated or modified	3299
by the court or until the child attains twenty-one years of age.	3300

The department shall not release the child from a department	3301
facility and as a result shall not discharge the child or order	3302
the child's release on supervised release prior to the expiration	3303
of the minimum period specified by the court in division (A)(1) of	3304
section 2152.16 of the Revised Code ~~and~~, prior to the expiration	3305
of any term of commitment imposed under section 2152.17 of the	3306
Revised Code, or prior to the child's attainment of twenty-one	3307
years of age, except upon the order of a court pursuant to	3308
division (B) or (C) of this section or in accordance with section	3309
5139.54 of the Revised Code.	3310

(B)(1) The court that commits a delinquent child to the	3311
department may grant judicial release of the child to court	3312
supervision under this division for any of the following periods	3313
of time:	3314

(a) Except as otherwise provided in division (B)(1)(c) of	3315
this section, if the child was committed to the department for a	3316
prescribed minimum period and a maximum period not to exceed the	3317
child's attainment of twenty-one years of age, the court may grant	3318
judicial release of the child to court supervision during the	3319
first half of ~~the~~that prescribed minimum ~~term for which the child~~	3320
~~was committed to the department or, if~~period of commitment.	3321

(b) Except as otherwise provided in division (B)(1)(d) of	3322
this section, if the child was committed to the department until	3323
the child attains twenty-one years of age, the court may grant	3324
judicial release of the child to court supervision during the	3325
first half of the prescribed period of commitment that begins on	3326
the first day of that commitment and ends on the child's	3327
twenty-first birthday~~, provided any commitment imposed under~~	3328
~~division (A), (B), (C), or (D) of section 2152.17 of the Revised~~	3329
~~Code has ended~~.	3330

(c) If the child was committed to the department for both one	3331
or more definite periods under division (A), (B), (C), or (D) of	3332
section 2152.17 of the Revised Code and a period of the type	3333
described in division (B)(1)(a) of this section, all of the	3334
prescribed definite periods of commitment imposed under division	3335
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	3336
the prescribed minimum period of commitment of the type described	3337
in division (B)(1)(a) of this section shall be aggregated for	3338
purposes of this division and the court may grant judicial release	3339
of the child to court supervision during the first half of that	3340
aggregate minimum period of commitment.	3341

(d) If the child was committed to the department for both one	3342
or more definite periods under division (A), (B), (C), or (D) of	3343
section 2152.17 of the Revised Code and a period of the type	3344
described in division (B)(1)(b) of this section, the court may	3345
grant judicial release of the child to court supervision during	3346
the first half of the prescribed minimum period of commitment that	3347
begins on the first day of the first prescribed definite period of	3348
commitment imposed under division (A), (B), (C), or (D) of section	3349
2152.17 of the Revised Code and ends on the child's twenty-first	3350
birthday.	3351

(2) If the department of youth services desires to release a	3352
child during a period specified in division (B)(1) of this	3353
section, it shall request the court that committed the child to	3354
grant a judicial release of the child to court supervision. During	3355
whichever of those periods is applicable, the child or the parents	3356
of the child also may request that court to grant a judicial	3357
release of the child to court supervision. Upon receipt of a	3358
request for a judicial release to court supervision from the	3359
department, the child, or the child's parent, or upon its own	3360
motion, the court that committed the child shall do one of the	3361
following: approve the release by journal entry; schedule within	3362
thirty days after the request is received a time for a hearing on	3363
whether the child is to be released; or reject the request by	3364
journal entry without conducting a hearing.	3365

If the court rejects an initial request for a release under	3366
this division by the child or the child's parent, the child or the	3367
child's parent may make one additional request for a judicial	3368
release to court supervision within the applicable period. The	3369
additional request may be made no earlier than thirty days after	3370
the filing of the prior request for a judicial release to court	3371
supervision. Upon the filing of a second request for a judicial	3372
release to court supervision, the court shall either approve or	3373
disapprove the release by journal entry or schedule within thirty	3374
days after the request is received a time for a hearing on whether	3375
the child is to be released.	3376

(3) If a court schedules a hearing under division (B)(2) of	3377
this section, it may order the department to deliver the child to	3378
the court on the date set for the hearing and may order the	3379
department to present to the court a report on the child's	3380
progress in the institution to which the child was committed and	3381
recommendations for conditions of supervision of the child by the	3382
court after release. The court may conduct the hearing without the	3383
child being present. The court shall determine at the hearing	3384
whether the child should be granted a judicial release to court	3385
supervision.	3386

If the court approves the release, it shall order its staff	3387
to prepare a written treatment and rehabilitation plan for the	3388
child that may include any conditions of the child's release that	3389
were recommended by the department and approved by the court. The	3390
committing court shall send the juvenile court of the county in	3391
which the child is placed a copy of the recommended plan. The	3392
court of the county in which the child is placed may adopt the	3393
recommended conditions set by the committing court as an order of	3394
the court and may add any additional consistent conditions it	3395
considers appropriate. If a child is granted a judicial release to	3396
court supervision, the release discharges the child from the	3397
custody of the department of youth services.	3398

(C)(1) The court that commits a delinquent child to the	3399
department may grant judicial release of the child to department	3400
of youth services supervision under this division ~~during the~~	3401
~~second~~for any of the following periods of time:	3402

(a) Except as otherwise provided in division (C)(1)(c) of	3403
this section, if the child was committed to the department for a	3404
prescribed minimum period and a maximum period not to exceed the	3405
child's attainment of twenty-one years of age, the court may grant	3406
judicial release of the child to department of youth services	3407
supervision at any time after the expiration of the first half of	3408
~~the~~that prescribed minimum ~~term for which the child was committed~~	3409
~~to the department or, if~~period of commitment.	3410

(b) Except as otherwise provided in division (C)(1)(d) of	3411
this section, if the child was committed to the department until	3412
the child attains twenty-one years of age, the court may grant	3413
judicial release of the child to department of youth services	3414
supervision during the second half of the prescribed period of	3415
commitment that begins on the first day of that commitment and	3416
ends on the child's twenty-first birthday~~, provided any commitment~~	3417
~~imposed under division (A), (B), (C), or (D) of section 2152.17 of~~	3418
~~the Revised Code has ended~~;	3419

(c) If the child was committed to the department for both one	3420
or more definite periods under division (A), (B), (C), or (D) of	3421
section 2152.17 of the Revised Code and a period of the type	3422
described in division (C)(1)(a) of this section, all of the	3423
prescribed definite periods of commitment imposed under division	3424
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	3425
the prescribed minimum period of commitment of the type described	3426
in division (C)(1)(a) of this section shall be aggregated for	3427
purposes of this division, and the court may grant judicial	3428
release of the child to department of youth services supervision	3429
at any time after the expiration of the first half of that	3430
aggregate minimum period of commitment.	3431

(d) If the child was committed to the department for both one	3432
or more definite periods under division (A), (B), (C), or (D) of	3433
section 2152.17 of the Revised Code and a period of the type	3434
described in division (C)(1)(b) of this section, the court may	3435
grant judicial release of the child to department of youth	3436
services supervision during the second half of the prescribed	3437
minimum period of commitment that begins on the first day of the	3438
first prescribed definite period of commitment imposed under	3439
division (A), (B), (C), or (D) of section 2152.17 of the Revised	3440
Code and ends on the child's twenty-first birthday.	3441

(2) If the department of youth services desires to release a	3442
child during a period specified in division (C)(1) of this	3443
section, it shall request the court that committed the child to	3444
grant a judicial release to department of youth services	3445
supervision. During whichever of those periods is applicable, the	3446
child or the child's parent also may request the court that	3447
committed the child to grant a judicial release to department of	3448
youth services supervision. Upon receipt of a request for judicial	3449
release to department of youth services supervision, the child, or	3450
the child's parent, or upon its own motion at any time during that	3451
period, the court shall do one of the following: approve the	3452
release by journal entry; schedule a time within thirty days after	3453
receipt of the request for a hearing on whether the child is to be	3454
released; or reject the request by journal entry without	3455
conducting a hearing.	3456

If the court rejects an initial request for release under	3457
this division by the child or the child's parent, the child or the	3458
child's parent may make one or more subsequent requests for a	3459
release within the applicable period, but may make no more than	3460
one request during each period of ninety days that the child is in	3461
a secure department facility after the filing of a prior request	3462
for early release. Upon the filing of a request for release under	3463
this division subsequent to an initial request, the court shall	3464
either approve or disapprove the release by journal entry or	3465
schedule a time within thirty days after receipt of the request	3466
for a hearing on whether the child is to be released.	3467

(3) If a court schedules a hearing under division (C)(2) of	3468
this section, it may order the department to deliver the child to	3469
the court on the date set for the hearing and shall order the	3470
department to present to the court at that time a treatment plan	3471
for the child's post-institutional care. The court may conduct the	3472
hearing without the child being present. The court shall determine	3473
at the hearing whether the child should be granted a judicial	3474
release to department of youth services supervision.	3475

If the court approves the judicial release to department of	3476
youth services supervision, the department shall prepare a written	3477
treatment and rehabilitation plan for the child pursuant to	3478
division (E) of this section that shall include the conditions of	3479
the child's release. It shall send the committing court and the	3480
juvenile court of the county in which the child is placed a copy	3481
of the plan. The court of the county in which the child is placed	3482
may adopt the conditions set by the department as an order of the	3483
court and may add any additional consistent conditions it	3484
considers appropriate, provided that the court may not add any	3485
condition that decreases the level or degree of supervision	3486
specified by the department in its plan, that substantially	3487
increases the financial burden of supervision that will be	3488
experienced by the department, or that alters the placement	3489
specified by the department in its plan. If the court of the	3490
county in which the child is placed adds to the department's plan	3491
any additional conditions, it shall enter those additional	3492
conditions in its journal and shall send to the department a copy	3493
of the journal entry of the additional conditions.	3494

If the court approves the judicial release to department of	3495
youth services supervision, the actual date on which the	3496
department shall release the child is contingent upon the	3497
department finding a suitable placement for the child. If the	3498
child is to be returned to the child's home, the department shall	3499
return the child on the date that the court schedules for the	3500
child's release or shall bear the expense of any additional time	3501
that the child remains in a department facility. If the child is	3502
unable to return to the child's home, the department shall	3503
exercise reasonable diligence in finding a suitable placement for	3504
the child, and the child shall remain in a department facility	3505
while the department finds the suitable placement.	3506

(D) If a child is released under division (B) or (C) of this	3507
section and the court of the county in which the child is placed	3508
has reason to believe that the child's deportment is not in	3509
accordance with the conditions of the child's judicial release,	3510
the court of the county in which the child is placed shall	3511
schedule a time for a hearing to determine whether the child	3512
violated any of the post-release conditions, and, if the child was	3513
released under division (C) of this section, divisions (A) to (E)	3514
of section 5139.52 of the Revised Code apply regarding the child.	3515

If that court determines at the hearing that the child	3516
violated any of the post-release conditions, the court, if it	3517
determines that the violation was a serious violation, may order	3518
the child to be returned to the department for	3519
institutionalization, consistent with the original order of	3520
commitment of the child, or in any case may make any other	3521
disposition of the child authorized by law that the court	3522
considers proper. If the court of the county in which the child is	3523
placed orders the child to be returned to a department of youth	3524
services institution, the time during which the child was held in	3525
a secure department facility prior to the child's judicial release	3526
shall be considered as time served in fulfilling the prescribed	3527
period of institutionalization that is applicable to the child	3528
under the child's original order of commitment. If the court	3529
orders the child returned to a department institution, the child	3530
shall remain in institutional care for a minimum of three months	3531
or until the child successfully completes a revocation program of	3532
a duration of not less than thirty days operated either by the	3533
department or by an entity with which the department has	3534
contracted to provide a revocation program.	3535

(E) The department of youth services, prior to the release of	3536
a child pursuant to division (C) of this section, shall do all of	3537
the following:	3538

(1) After reviewing the child's rehabilitative progress	3539
history and medical and educational records, prepare a written	3540
treatment and rehabilitation plan for the child that includes	3541
conditions of the release;	3542

(2) Completely discuss the conditions of the plan prepared	3543
pursuant to division (E)(1) of this section and the possible	3544
penalties for violation of the plan with the child and the child's	3545
parents, guardian, or legal custodian;	3546

(3) Have the plan prepared pursuant to division (E)(1) of	3547
this section signed by the child, the child's parents, legal	3548
guardian, or custodian, and any authority or person that is to	3549
supervise, control, and provide supportive assistance to the child	3550
at the time of the child's release pursuant to division (C) of	3551
this section;	3552

(4) Prior to the child's release, file a copy of the	3553
treatment plan prepared pursuant to division (E)(1) of this	3554
section with the committing court and the juvenile court of the	3555
county in which the child is to be placed.	3556

(F) The department of youth services shall file a written	3557
progress report with the committing court regarding each child	3558
released pursuant to division (C) of this section at least once	3559
every thirty days unless specifically directed otherwise by the	3560
court. The report shall indicate the treatment and rehabilitative	3561
progress of the child and the child's family, if applicable, and	3562
shall include any suggestions for altering the program, custody,	3563
living arrangements, or treatment. The department shall retain	3564
legal custody of a child so released until it discharges the child	3565
or until the custody is terminated as otherwise provided by law.	3566

(G) When a child is committed to the legal custody of the	3567
department of youth services, the court retains jurisdiction to	3568
perform the functions specified in section 5139.51 of the Revised	3569
Code with respect to the granting of supervised release by the	3570
release authority and to perform the functions specified in	3571
section 5139.52 of the Revised Code with respect to violations of	3572
the conditions of supervised release granted by the release	3573
authority and to the revocation of supervised release granted by	3574
the release authority.	3575

Sec. 2152.26. (A) Except as provided in divisions (B) and	3576
(F) of this section, a child alleged to be or adjudicated a	3577
delinquent child or a juvenile traffic offender may be held only	3578
in the following places:	3579

(1) A certified foster home or a home approved by the court;

3580

(2) A facility operated by a certified child welfare agency;

3581

(3) Any other suitable place designated by the court.

3582

(B) In addition to the places listed in division (A) of this	3583
section, a child alleged to be or adjudicated a delinquent child	3584
may be held in a detention facility for delinquent children that	3585
is under the direction or supervision of the court or other public	3586
authority or of a private agency and approved by the court and a	3587
child adjudicated a delinquent child may be held in accordance	3588
with division (F)(2) of this section in a facility of a type	3589
specified in that division. Division (B) of this section does not	3590
apply to a child alleged to be or adjudicated a delinquent child	3591
for chronic truancy, unless the child violated a lawful court	3592
order made pursuant to division (A)(6) of section 2152.19 of the	3593
Revised Code. Division (B) of this section also does not apply to	3594
a child alleged to be or adjudicated a delinquent child for being	3595
an habitual truant who previously has been adjudicated an unruly	3596
child for being an habitual truant, unless the child violated a	3597
lawful court order made pursuant to division (C)(1)(e) of section	3598
2151.354 of the Revised Code.	3599

(C)(1) Except as provided under division (C)(1) of section	3600
2151.311 of the Revised Code or division (A)(5) of section 2152.21	3601
of the Revised Code, a child alleged to be or adjudicated a	3602
juvenile traffic offender may not be held in any of the following	3603
facilities:	3604

(a) A state correctional institution, county, multicounty, or	3605
municipal jail or workhouse, or other place in which an adult	3606
convicted of crime, under arrest, or charged with a crime is held.	3607

(b) A secure correctional facility.

3608

(2) Except as provided under this section, sections 2151.56	3609
to ~~2151.61~~2151.59, and divisions (A)(5) and (6) of section	3610
2152.21 of the Revised Code, a child alleged to be or adjudicated	3611
a juvenile traffic offender may not be held for more than	3612
twenty-four hours in a detention facility.	3613

(D) Except as provided in division (F) of this section or in	3614
division (C) of section 2151.311, in division (C)(2) of section	3615
5139.06 and section 5120.162, or in division (B) of section	3616
5120.16 of the Revised Code, a child who is alleged to be or is	3617
adjudicated a delinquent child may not be held in a state	3618
correctional institution, county, multicounty, or municipal jail	3619
or workhouse, or other place where an adult convicted of crime,	3620
under arrest, or charged with crime is held.	3621

(E) Unless the detention is pursuant to division (F) of this	3622
section or division (C) of section 2151.311, division (C)(2) of	3623
section 5139.06 and section 5120.162, or division (B) of section	3624
5120.16 of the Revised Code, the official in charge of the	3625
institution, jail, workhouse, or other facility shall inform the	3626
court immediately when a child, who is or appears to be under the	3627
age of eighteen years, is received at the facility, and shall	3628
deliver the child to the court upon request or transfer the child	3629
to a detention facility designated by the court.	3630

(F)(1) If a case is transferred to another court for criminal	3631
prosecution pursuant to section 2152.12 of the Revised Code, the	3632
child may be transferred for detention pending the criminal	3633
prosecution in a jail or other facility in accordance with the law	3634
governing the detention of persons charged with crime. Any child	3635
so held shall be confined in a manner that keeps the child beyond	3636
the range of touch of all adult detainees. The child shall be	3637
supervised at all times during the detention.	3638

(2) If a person is adjudicated a delinquent child or juvenile	3639
traffic offender and the court makes a disposition of the person	3640
under this chapter, at any time after the person attains eighteen	3641
years of age, the person may be held under that disposition in	3642
places other than those specified in division (A) of this section,	3643
including, but not limited to, a county, multicounty, or municipal	3644
jail or workhouse, or other place where an adult convicted of	3645
crime, under arrest, or charged with crime is held.	3646

(3)(a) A person alleged to be a delinquent child may be held	3647
in places other than those specified in division (A) of this	3648
section, including, but not limited to, a county, multicounty, or	3649
municipal jail, if the delinquent act that the child allegedly	3650
committed would be a felony if committed by an adult, and if	3651
either of the following applies:	3652

(i) The person attains eighteen years of age before the	3653
person is arrested or apprehended for that act.	3654

(ii) The person is arrested or apprehended for that act	3655
before the person attains eighteen years of age, but the person	3656
attains eighteen years of age before the court orders a	3657
disposition in the case.	3658

(b) If, pursuant to division (F)(3)(a) of this section, a	3659
person is held in a place other than a place specified in division	3660
(A) of this section, the person has the same rights to bail as an	3661
adult charged with the same offense who is confined in a jail	3662
pending trial.	3663

Sec. 2152.51. (A) As used in sections 2152.51 to 2152.59 of	3664
the Revised Code:	3665

(1) "Competent" and "competency" refer to a child's ability	3666
to understand the nature and objectives of a proceeding against	3667
the child and to assist in the child's defense. A child is	3668
incompetent if, due to mental illness, mental retardation,	3669
developmental disability, or lack of developmental capacity, the	3670
child is presently incapable of understanding the nature and	3671
objective of proceedings against the child or of assisting in the	3672
child's defense.	3673

(2) "Delinquent child proceeding" means any proceeding under	3674
this chapter.	3675

(3) "A person who is at least moderately mentally retarded"	3676
has the same meaning as in section 5123.01 of the Revised Code.	3677

(B) Each juvenile court shall adopt rules to expedite	3678
proceedings under sections 2152.51 to 2152.59 of the Revised Code.	3679
The rules shall include provisions for giving notice of any	3680
hearings held under those sections and for staying any proceedings	3681
on the underlying complaint pending the determinations under those	3682
sections.	3683

(C) At a competency-related hearing held under section	3684
2152.53 or 2152.58 of the Revised Code, the child shall be	3685
represented by an attorney. If the child is indigent and cannot	3686
obtain counsel, the court shall appoint an attorney under Chapter	3687
120. of the Revised Code or the Rules of Juvenile Procedure.	3688

Sec. 2152.52. (A) In a proceeding in which a party seeks an	3689
adjudication that a child is a delinquent child, any party or the	3690
court may move for a determination regarding the child's	3691
competency to participate in the proceeding.	3692

(B) The court may find a child incompetent to proceed without	3693
ordering an evaluation of the child's competency or holding a	3694
hearing to determine the child's competency if either of the	3695
following applies:	3696

(1) The prosecuting attorney, the child's attorney, and at	3697
least one of the child's parents, guardians, or custodians agree	3698
to the determination.	3699

(2) The court relies on a prior court determination that the	3700
child was incompetent and could not attain competency even if the	3701
child were to participate in competency attainment services.	3702

Sec. 2152.53. (A)(1) Within five business days after a	3703
motion is made under section 2152.52 of the Revised Code, the	3704
court shall do one of the following:	3705

(a) Make a determination of incompetency under division (B)	3706
of section 2152.52 of the Revised Code;	3707

(b) Determine, without holding a hearing, whether there is a	3708
reasonable basis to conduct a competency evaluation;	3709

(c) Hold a hearing to determine whether there is a reasonable	3710
basis to conduct a competency evaluation.	3711

(2) If the court holds a hearing, it shall make its	3712
determination within three business days after the conclusion of	3713
the hearing. If the court determines that there is a reasonable	3714
basis for a competency evaluation or if the prosecuting attorney	3715
and the child's attorney agree to an evaluation, the court shall	3716
order a competency evaluation and appoint an evaluator.	3717

(B) If the court orders a competency evaluation, the court	3718
shall inform the child and the child's attorney that the child may	3719
obtain an additional evaluation at the child's cost, that the	3720
evaluation must be completed within the time allowed for	3721
completion of the evaluation ordered by the court under division	3722
(A) of this section, and that the evaluation must meet all the	3723
criteria that apply to the court-ordered evaluation.	3724

(C) A court shall not order a child into detention solely for	3725
the purpose of obtaining a competency evaluation. If a child who	3726
has already been committed to detention for other reasons is	3727
ordered to receive a competency evaluation, a court may not extend	3728
the time to complete the evaluation beyond the period for which	3729
the child has been detained.	3730

Sec. 2152.54. (A) An evaluation of a child who does not	3731
appear to the court to be a person who is at least moderately	3732
mentally retarded shall be made by an evaluator who is one of the	3733
following:	3734

(1) A professional employed by a psychiatric facility or	3735
center certified by the department of mental health to provide	3736
forensic services and appointed by the director of the facility or	3737
center to conduct the evaluation;	3738

(2) A psychiatrist or a licensed clinical psychologist who	3739
satisfies the criteria of division (I)(1) of section 5122.01 of	3740
the Revised Code and has specialized education, training, or	3741
experience in forensic evaluations of children or adolescents.	3742

(B) An evaluation of a child who appears to the court to be a	3743
person who is at least moderately mentally retarded shall be made	3744
by a psychiatrist or licensed clinical psychologist who satisfies	3745
the criteria of division (I)(1) of section 5122.01 of the Revised	3746
Code and has specialized education, training, or experience in	3747
forensic evaluations of children or adolescents who have mental	3748
retardation.	3749

(C) If an evaluation is conducted by an evaluator of the type	3750
described in division (A)(1) or (2) of this section and the	3751
evaluator concludes that the child is a person who is at least	3752
moderately mentally retarded, the evaluator shall discontinue the	3753
evaluation and notify the court within one business day after	3754
reaching the conclusion. Within two business days after receiving	3755
notification, the court shall order the child to undergo an	3756
evaluation by an evaluator of the type described in division (B)	3757
of this section. Within two business days after the appointment of	3758
the new evaluator, the original evaluator shall deliver to the new	3759
evaluator all information relating to the child obtained during	3760
the original evaluation.	3761

Sec. 2152.55. (A) If a court orders a child to receive an	3762
evaluation under section 2152.53 of the Revised Code, the child	3763
and the child's parents, guardians, or custodians shall be	3764
available at the times and places established by the evaluator who	3765
conducts the evaluation. The evaluation shall be performed in the	3766
least restrictive setting available that will both facilitate an	3767
evaluation and maintain the safety of the child and community. If	3768
the child has been released on temporary or interim orders and	3769
refuses or fails to submit to the evaluation, the court may amend	3770
the conditions of the orders in whatever manner necessary to	3771
facilitate an evaluation.	3772

(B) The court shall provide in its evaluation order that the	3773
evaluator shall have access to all relevant private and public	3774
records related to the child, including competency evaluations and	3775
reports conducted in prior delinquent child proceedings. The court	3776
may include an order for all relevant private and public records	3777
related to the child in the journal entry ordering the evaluation.	3778

(C) By the end of the next business day after the court	3779
appoints an evaluator, the prosecuting attorney shall deliver to	3780
the evaluator copies of relevant police reports and other	3781
background information that pertain to the child and that are in	3782
the prosecuting attorney's possession, except for any information	3783
that the prosecuting attorney determines would, if released,	3784
interfere with the effective prosecution of any person or create a	3785
substantial risk of harm to any person. If a law enforcement	3786
agency filed charges against the child directly with the court,	3787
the clerk of courts shall deliver the information that a	3788
prosecuting attorney otherwise would have delivered.	3789

(D) By the end of the next business day after the court	3790
appoints an evaluator, the child's attorney shall deliver to the	3791
evaluator copies of relevant police reports and other background	3792
information that pertain to the child and that are in the	3793
attorney's possession and that is not protected by attorney-client	3794
privilege.	3795

Sec. 2152.56. (A) Upon completing an evaluation ordered	3796
pursuant to section 2152.53 of the Revised Code, an evaluator	3797
shall submit to the court a written competency assessment report.	3798
The report shall include the evaluator's opinion as to whether the	3799
child, due to mental illness, mental retardation, developmental	3800
disability, or lack of developmental capacity, is presently	3801
incapable of understanding the nature and objective of the	3802
proceedings against the child or of assisting in the child's	3803
defense. The report shall not include any opinion as to the	3804
child's sanity at the time of the alleged offense, details of the	3805
alleged offense as reported by the child, or an opinion as to	3806
whether the child actually committed the offense or could have	3807
been culpable for committing the offense.	3808

(B) A competency assessment report shall address the child's	3809
capacity to do all of the following:	3810

(1) Comprehend and appreciate the charges or allegations	3811
against the child;	3812

(2) Communicate effectively with counsel;

3813

(3) Understand the adversarial nature of the proceedings,	3814
including the role of the judge, defense counsel, prosecuting	3815
attorney, guardian ad litem or court-appointed special assistant,	3816
and witnesses;	3817

(4) Manifest appropriate courtroom behavior;

3818

(5) Comprehend legal advice and consider defense options;

3819

(6) Participate in the proceeding and testify relevantly;

3820

(7) Comprehend and appreciate the range and nature of	3821
potential consequences that may be imposed or result from the	3822
proceedings.	3823

(C) A competency assessment report shall include the	3824
evaluator's opinion regarding the extent to which the child's	3825
competency may be impaired by the child's failure to meet one or	3826
more of the criteria listed in division (B) of this section. If	3827
the evaluator concludes that the child's competency is impaired	3828
but that the child may be enabled to understand the nature and	3829
objectives of the proceeding against the child and to assist in	3830
the child's defense with reasonable accommodations, the report	3831
shall include recommendations for those reasonable accommodations	3832
that the court might make. If the evaluator concludes that the	3833
child's competency is so impaired that the child would not be able	3834
to understand the nature and objectives of the proceeding against	3835
the child and to assist in the child's defense, the report shall	3836
include an opinion as to the likelihood that the child could	3837
attain competency within the periods set forth in division (D)(2)	3838
of section 2152.59 of the Revised Code.	3839

(D) If the evaluator concludes that the child could likely	3840
attain competency within the periods set forth in division (D)(2)	3841
of section 2152.59 of the Revised Code, the competency assessment	3842
report shall include both of the following:	3843

(1) A recommendation as to the least restrictive setting for	3844
child competency attainment services that is consistent with the	3845
child's ability to attain competency and the safety of both the	3846
child and the community;	3847

(2) A list of the providers of child competency attainment	3848
services known to the evaluator that are located most closely to	3849
the child's current residence.	3850

(E) If the evaluator is unable, within the maximum allowable	3851
time for submission of a competency assessment report under	3852
division (A) of section 2152.57 of the Revised Code, to form an	3853
opinion regarding the extent to which the child's competency may	3854
be impaired by the child's failure to meet one or more of the	3855
criteria listed in division (B) of this section, the evaluator	3856
shall so state in the report. The evaluator shall also include	3857
recommendations for services to support the safety of the child or	3858
the community.	3859

Sec. 2152.57. (A) An evaluator appointed by the court under	3860
section 2152.53 of the Revised Code shall submit a competency	3861
assessment report to the court as soon as possible but not more	3862
than thirty calendar days after the order appointing the evaluator	3863
is issued. The court may grant one extension for a reasonable	3864
length of time if doing so would aid the evaluator in completing	3865
the evaluation.	3866

(B) No competency assessment report obtained independently by	3867
the child may be admitted into evidence unless it is submitted to	3868
the court within the time allowed for submission of a report by a	3869
court-appointed evaluator under division (A) of this section and	3870
meets all the criteria that apply to a court-ordered report.	3871

(C) The court shall provide a copy of each competency	3872
assessment report it receives to the prosecuting attorney, the	3873
child's attorney, and the child's parents, guardian, or custodian.	3874
Counsel shall not disseminate the report except as necessary to	3875
receive clarification of the contents of the report.	3876

(D) The expenses of obtaining an evaluation ordered by the	3877
court may not be recovered from the child or the child's parents	3878
or guardians. However, expenses associated with missed	3879
appointments may be assessed to the child's parents or guardians.	3880

(E)(1) Before a hearing is held under section 2152.58 of the	3881
Revised Code, any party may object to the contents of a competency	3882
assessment report and by motion request an additional evaluation.	3883
The court may grant the motion if the moving party shows a	3884
reasonable probability that the findings in an additional	3885
evaluation would aid the court's determination to such a degree	3886
that denial of the request would result in an unfair	3887
determination. An evaluator shall complete an additional	3888
evaluation as soon as possible but not more than thirty calendar	3889
days after the order allowing the additional evaluation is issued.	3890
An additional evaluation shall meet all the criteria that apply to	3891
a court-ordered evaluation.	3892

(2) An additional evaluation allowed under division (E)(1) of	3893
this section shall be made at the moving party's expense unless	3894
the child is indigent. If the child is indigent, the county shall	3895
pay the costs of the additional evaluation. However, the county	3896
shall not be required to pay costs exceeding that which the county	3897
would normally pay for a competency evaluation conducted by a	3898
provider with which the court or county has contracted to conduct	3899
competency evaluations.	3900

Sec. 2152.58. (A) Not less than five nor more than ten	3901
business days after receiving an evaluation under division (A) of	3902
section 2152.57 of the Revised Code or not less than five nor more	3903
than ten business days after receiving an additional evaluation	3904
under division (E) of that section, the court shall hold a hearing	3905
to determine the child's competency to participate in the	3906
proceeding.	3907

(B) At a hearing held under this section, a competency	3908
assessment report may be admitted into evidence by stipulation. If	3909
a report is admitted into evidence by stipulation, the court may	3910
contact the evaluator ex parte to obtain clarification of the	3911
report contents. If the court contacts an evaluator for that	3912
purpose, the court shall promptly inform all parties about the	3913
substance of its communication with the evaluator and shall allow	3914
each party a reasonable opportunity to respond.	3915

(C) In determining the competency of the child to participate	3916
in the proceeding, the court shall consider the content of all	3917
competency assessment reports admitted as evidence. The court may	3918
consider additional evidence, including the court's own	3919
observations of the child's conduct and demeanor in the courtroom.	3920

(D)(1) The court shall make a written determination as to the	3921
child's competency or incompetency based on a preponderance of the	3922
evidence within five business days after completion of the	3923
hearing.	3924

(2) The court shall not find a child incompetent to proceed	3925
solely because the child is receiving or has received treatment as	3926
a voluntary or involuntary mentally ill patient under Chapter	3927
5122. of the Revised Code, is or has been institutionalized under	3928
Chapter 5123. of the Revised Code, or is receiving or has received	3929
psychotropic or other medication, even if the child might become	3930
incompetent to proceed without that medication.	3931

Sec. 2152.59. (A) If after a hearing held pursuant to	3932
section 2152.58 of the Revised Code the court determines that a	3933
child is competent, the court shall proceed with the delinquent	3934
child's proceeding as provided by law. No statement that a child	3935
makes during an evaluation or hearing conducted under sections	3936
2152.51 through 2152.59 of the Revised Code shall be used against	3937
the child on the issue of responsibility or guilt in any child or	3938
adult proceeding.	3939

(B) If after a hearing held pursuant to section 2152.58 of	3940
the Revised Code the court determines that the child is not	3941
competent and cannot attain competency within the period of time	3942
applicable under division (D)(2) of this section, the court shall	3943
dismiss the charges without prejudice, except that the court may	3944
delay dismissal for up to forty-five calendar days and do either	3945
of the following:	3946

(1) Refer the matter to a public children services agency and	3947
request that agency determine whether to file an action in	3948
accordance with section 2151.27 of the Revised Code alleging that	3949
the child is a dependent, neglected, or abused child;	3950

(2) Assign court staff to refer the child or the child's	3951
family to the local family and children first council or an agency	3952
funded by the department of mental health or department of	3953
developmental disabilities or otherwise secure services to reduce	3954
the potential that the child would engage in behavior that could	3955
result in delinquent child or other criminal charges.	3956

(C) If after a hearing held pursuant to section 2152.58 of	3957
the Revised Code the court determines that a child is not	3958
competent but could likely attain competency by participating in	3959
services specifically designed to help the child develop	3960
competency, the court may order the child to participate in	3961
services specifically designed to help the child develop	3962
competency at county expense. The court shall name a reliable	3963
provider to deliver the competency attainment services and shall	3964
order the child's parent, guardian, or custodian to contact that	3965
provider by a specified date to arrange for services.	3966

(D) The competency attainment services provided to a child	3967
shall be based on a competency attainment plan described in	3968
division (E)(2) of this section and approved by the court.	3969
Services are subject to the following conditions and time periods	3970
measured from the date the court approves the plan:	3971

(1) Services shall be provided in the least restrictive	3972
setting that is consistent with the child's ability to attain	3973
competency and the safety of both the child and the community. If	3974
the child has been released on temporary or interim orders and	3975
refuses or fails to cooperate with the service provider, the court	3976
may reassess the orders and amend them to require a more	3977
appropriate setting.	3978

(2) No child shall be required to participate in competency	3979
attainment services for longer than is required for the child to	3980
attain competency. The following maximum periods of participation	3981
apply:	3982

(a) If a child is ordered to participate in competency	3983
attainment services that are provided outside of a residential	3984
setting, the child shall not participate in those services for a	3985
period exceeding three months if the child is charged with an act	3986
that would be a misdemeanor if committed by an adult, six months	3987
if the child is charged with an act that would be a felony of the	3988
third, fourth, or fifth degree if committed by an adult, or one	3989
year if the child is charged with an act that would be a felony of	3990
the first or second degree, aggravated murder or murder if	3991
committed by an adult.	3992

(b) If a child is ordered to receive competency attainment	3993
services that are provided in a residential setting that is	3994
operated solely or in part for the purpose of providing competency	3995
attainment services, the child shall not participate in those	3996
services for a period exceeding forty-five calendar days if the	3997
child is charged with an act that would be a misdemeanor if	3998
committed by an adult, three months if the child is charged with	3999
an act that would be a felony of the third, fourth, or fifth	4000
degree if committed by an adult, six months if the child is	4001
charged with an act that would be a felony of the first or second	4002
degree if committed by an adult, or one year if the child is	4003
charged with an act that would be aggravated murder or murder if	4004
committed by an adult.	4005

(c) If a child is ordered into a residential, detention, or	4006
other secured setting for reasons other than to participate in	4007
competency attainment services and is also ordered to participate	4008
in competency attainment services concurrently, the child shall	4009
participate in the competency attainment services for not longer	4010
than the relevant period set forth in division (D)(2)(a) of this	4011
section.	4012

(d) If a child is ordered to participate in competency	4013
attainment services that require the child to live for some but	4014
not all of the duration of the services in a residential setting	4015
that is operated solely or in part for the purpose of providing	4016
competency attainment services, the child shall participate in the	4017
competency attainment services for not longer than the relevant	4018
period set forth in division (D)(2)(b) of this section. For the	4019
purpose of calculating a time period under division (D)(2)(d) of	4020
this section, two days of participation in a nonresidential	4021
setting shall equal one day of participation in a residential	4022
setting.	4023

(3) A child who receives competency attainment services in a	4024
residential setting that is operated solely or partly for the	4025
purpose of providing competency attainment services is in	4026
detention for purposes of section 2921.34 and division (B) of	4027
section 2152.18 of the Revised Code during the time that the child	4028
resides in the residential setting.	4029

(E)(1) By the end of the next business day after the court	4030
names the provider responsible for the child's competency	4031
attainment services under division (D) of this section, the court	4032
shall deliver to that provider a copy of each competency	4033
assessment report it has received for review. The provider shall	4034
return the copies of the reports to the court upon the termination	4035
of the services.	4036

(2) Not later than twenty-one calendar days after the child	4037
contacts the competency attainment services provider under	4038
division (C) of this section, the provider shall submit to the	4039
court a plan for the child to attain competency. The court shall	4040
promptly provide copies of the plan to the prosecuting attorney,	4041
the child's attorney, the child's guardian ad litem, if any, and	4042
the child's parents, guardian, or custodian.	4043

(F) The provider that provides the child's competency	4044
attainment services pursuant to the competency attainment plan	4045
shall submit reports to the court on the following schedule:	4046

(1) A report on the child's progress every thirty calendar	4047
days and on the termination of services;	4048

(2) If the provider determines that the child is not	4049
cooperating to a degree that would allow the services to be	4050
effective to help the child attain competency, a report informing	4051
the court of the determination within two business days after	4052
making the determination;	4053

(3) If the provider determines that the current setting is no	4054
longer the least restrictive setting that is consistent with the	4055
child's ability to attain competency and the safety of both the	4056
child and the community, a report informing the court of the	4057
determination within two business days after making the	4058
determination;	4059

(4) If the provider determines that the child has achieved	4060
the goals of the plan and would be able to understand the nature	4061
and objectives of the proceeding against the child and to assist	4062
in the child's defense, with or without reasonable accommodations	4063
to meet the criteria set forth in division (B) of section 2152.56	4064
of the Revised Code, a report informing the court of that	4065
determination within two business days after making the	4066
determination. If the provider believes that accommodations would	4067
be necessary or desirable, the report shall include	4068
recommendations for accommodations.	4069

(5) If the provider determines that the child will not	4070
achieve the goals of the plan within the applicable period of time	4071
under division (D)(2) of this section, a report informing the	4072
court of the determination within two business days after making	4073
the determination. The report shall include recommendations for	4074
services for the child that would support the safety of the child	4075
or the community.	4076

(G) The court shall provide copies of any report made under	4077
division (F) of this section to the prosecuting attorney, the	4078
child's attorney, and the child's guardian ad litem, if any. The	4079
court shall provide copies of any report made under division (F)	4080
of this section to the child's parents, guardian, or custodian	4081
unless the court finds that doing so is not in the best interest	4082
of the child.	4083

(H)(1) Within seven business days after receiving a report	4084
under division (F) of this section, the court may hold a hearing	4085
to determine if a new order is necessary. To assist in making a	4086
determination under division (H) of this section, the court may	4087
order a new competency evaluation in accordance with section	4088
2152.53 of the Revised Code. Until a new order is issued or the	4089
required period of participation expires, the child shall continue	4090
to participate in competency attainment services.	4091

(2) If after a hearing held under division (H)(1) of this	4092
section the court determines that the child is not making progress	4093
toward competency or is so uncooperative that attainment services	4094
cannot be effective, the court may order a change in setting or	4095
services that would help the child attain competency within the	4096
relevant period of time under division (D)(2) of this section.	4097

(3) If after a hearing held under division (H)(1) of this	4098
section the court determines that the child has not or will not	4099
attain competency within the relevant period of time under	4100
division (D)(2) of this section, the court shall dismiss the	4101
delinquency complaint, except that the court may delay dismissal	4102
for up to forty-five calendar days and do either of the following:	4103

(a) Refer the matter to a public children services agency and	4104
request that agency determine whether to file an action in	4105
accordance with section 2151.27 of the Revised Code alleging that	4106
the child is a dependent, neglected, or abused child;	4107

(b) Assign court staff to refer the child or the child's	4108
family to the local family and children first council or an agency	4109
funded by the department of mental health or department of	4110
developmental disabilities or otherwise secure services to reduce	4111
the potential that the child would engage in behavior that could	4112
result in delinquency or other criminal charges.	4113

(4) A dismissal under division (H)(3) of this section does	4114
not preclude a future delinquent child proceeding or criminal	4115
prosecution as provided under section 2151.23 of the Revised Code	4116
if the child eventually attains competency.	4117

(5) If after a hearing held under division (H)(1) of this	4118
section the court determines that the child has attained	4119
competency, the court shall proceed with the delinquent child's	4120
proceeding in accordance with division (A) of this section.	4121

(6) A dismissal under this section does not bar a civil	4122
action based on the acts or omissions that formed the basis of the	4123
complaint.	4124

Sec. 2301.27. (A)(1)(a) The court of common pleas may	4125
establish a county department of probation. The establishment of	4126
the department shall be entered upon the journal of the court, and	4127
the clerk of the court of common pleas shall certify a copy of the	4128
journal entry establishing the department to each elective officer	4129
and board of the county. The department shall consist of a chief	4130
probation officer and the number of other probation officers and	4131
employees, clerks, and stenographers that is fixed from time to	4132
time by the court. The court shall appoint those individuals, fix	4133
their salaries, and supervise their work. ~~The~~	4134

(b) When appointing a chief probation officer, the court	4135
shall do all of the following:	4136

(i) Publicly advertise the position on the court's web site,	4137
including, but not limited to, the job description, qualifications	4138
for the position, and the application requirements;	4139

(ii) Conduct a competitive hiring process that adheres to	4140
state and federal equal employment opportunity laws;	4141

(iii) Review applicants who meet the posted qualifications	4142
and comply with the application requirements.	4143

(c) The court shall not appoint as a probation officer any	4144
person who does not possess the training, experience, and other	4145
qualifications prescribed by the adult parole authority created by	4146
section 5149.02 of the Revised Code. Probation officers have all	4147
the powers of regular police officers and shall perform any duties	4148
that are designated by the judge or judges of the court. All	4149
positions within the department of probation shall be in the	4150
classified service of the civil service of the county.	4151

(2) If two or more counties desire to jointly establish a	4152
probation department for those counties, the judges of the courts	4153
of common pleas of those counties may establish a probation	4154
department for those counties. If a probation department is	4155
established pursuant to division (A)(2) of this section to serve	4156
more than one county, the judges of the courts of common pleas	4157
that established the department shall designate the county	4158
treasurer of one of the counties served by the department as the	4159
treasurer to whom probation fees paid under section 2951.021 of	4160
the Revised Code are to be appropriated and transferred under	4161
division (A)(2) of section 321.44 of the Revised Code for deposit	4162
into the multicounty probation services fund established under	4163
division (B) of section 321.44 of the Revised Code.	4164

The cost of the administration and operation of a probation	4165
department established for two or more counties shall be prorated	4166
to the respective counties on the basis of population.	4167

(3) Probation officers shall receive, in addition to their	4168
respective salaries, their necessary and reasonable travel and	4169
other expenses incurred in the performance of their duties. Their	4170
salaries and expenses shall be paid monthly from the county	4171
treasury in the manner provided for the payment of the	4172
compensation of other appointees of the court.	4173

(4) Probation officers shall be trained in accordance with a	4174
set of minimum standards that are established by the adult parole	4175
authority of the department of rehabilitation and correction.	4176

(B)(1) In lieu of establishing a county department of	4177
probation under division (A) of this section and in lieu of	4178
entering into an agreement with the adult parole authority as	4179
described in division (B) of section 2301.32 of the Revised Code,	4180
the court of common pleas may request the board of county	4181
commissioners to contract with, and upon that request the board	4182
may contract with, any nonprofit, public or private agency,	4183
association, or organization for the provision of probation	4184
services and supervisory services for persons placed under	4185
community control sanctions. The contract shall specify that each	4186
individual providing the probation services and supervisory	4187
services shall possess the training, experience, and other	4188
qualifications prescribed by the adult parole authority. The	4189
individuals who provide the probation services and supervisory	4190
services shall not be included in the classified or unclassified	4191
civil service of the county.	4192

(2) In lieu of establishing a county department of probation	4193
under division (A) of this section and in lieu of entering into an	4194
agreement with the adult parole authority as described in division	4195
(B) of section 2301.32 of the Revised Code, the courts of common	4196
pleas of two or more adjoining counties jointly may request the	4197
boards of county commissioners of those counties to contract with,	4198
and upon that request the boards of county commissioners of two or	4199
more adjoining counties jointly may contract with, any nonprofit,	4200
public or private agency, association, or organization for the	4201
provision of probation services and supervisory services for	4202
persons placed under community control sanctions for those	4203
counties. The contract shall specify that each individual	4204
providing the probation services and supervisory services shall	4205
possess the training, experience, and other qualifications	4206
prescribed by the adult parole authority. The individuals who	4207
provide the probation services and supervisory services shall not	4208
be included in the classified or unclassified civil service of any	4209
of those counties.	4210

(C) The chief probation officer may grant permission to a	4211
probation officer to carry firearms when required in the discharge	4212
of official duties if the probation officer has successfully	4213
completed a basic firearm training program that is approved by the	4214
executive director of the Ohio peace officer training commission.	4215
A probation officer who has been granted permission to carry a	4216
firearm in the discharge of official duties, annually shall	4217
successfully complete a firearms requalification program in	4218
accordance with section 109.801 of the Revised Code.	4219

(D) As used in this section and sections 2301.28 to 2301.32	4220
of the Revised Code, "community control sanction" has the same	4221
meaning as in section 2929.01 of the Revised Code.	4222

Sec. 2301.271. (A) The adult parole authority of the	4223
department of rehabilitation and correction, shall develop minimum	4224
standards for the training of probation officers as provided by	4225
section 2301.27 of the Revised Code.	4226

(B) Within six months after the effective date of this	4227
section, the department of rehabilitation and correction shall	4228
make available a copy of the minimum standards to the following	4229
entities:	4230

(1) Every municipal court, county court, and court of common	4231
pleas;	4232

(2) Every probation department.

4233

Sec. 2301.30. The court of common pleas of a county in which	4234
a county department of probation is established under division (A)	4235
of section 2301.27 of the Revised Code shall require the	4236
department, in the rules through which the supervision of the	4237
department is exercised or otherwise, to do all of the following:	4238

(A) Furnish to each person under a community control sanction	4239
or post-release control sanction or on parole under its	4240
supervision or in its custody, a written statement of the	4241
conditions of the community control sanction, post-release control	4242
sanction, or parole and instruct the person regarding the	4243
conditions;	4244

(B) Keep informed concerning the conduct and condition of	4245
each person in its custody or under its supervision by visiting,	4246
the requiring of reports, and otherwise;	4247

(C) Use all suitable methods, not inconsistent with the	4248
conditions of the community control sanction, post-release control	4249
sanction, or parole, to aid and encourage the persons under its	4250
supervision or in its custody and to bring about improvement in	4251
their conduct and condition;	4252

(D) Publish policies regarding the supervision of	4253
probationers that shall include, but not be limited to, all of the	4254
following:	4255

(1) The minimum number of supervision contacts required for	4256
probationers, based on each probationer's risk to reoffend as	4257
determined by the single validated risk assessment tool selected	4258
by the department of rehabilitation and correction under section	4259
5120.114 of the Revised Code, under which higher risk probationers	4260
receive the greatest amount of supervision;	4261

(2) A graduated response policy to govern which types of	4262
violations a probation officer may respond to administratively and	4263
which type require a violation hearing by the court.	4264

(E) Keep detailed records of the work of the department, keep	4265
accurate and complete accounts of all moneys collected from	4266
persons under its supervision or in its custody, and keep or give	4267
receipts for those moneys;	4268

~~(E)~~(F) Make reports to the adult parole authority created by	4269
section 5149.02 of the Revised Code that it requires;	4270

(G) Provide the department of rehabilitation and correction	4271
with a monthly report that includes statistical data needed to	4272
support budget requests and satisfy requests for information	4273
relating to the operation of probation departments under the	4274
jurisdiction of courts of common pleas and municipal courts and	4275
that shall include all of the following:	4276

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

4277

(2) A count of the number of individuals terminated from	4278
probation listed by type of termination, including revocation;	4279

(3) The total number of individuals under supervision at the	4280
end of the month;	4281

(4) Any other elements, as determined necessary by the	4282
department, that allow for better measurement of the types of	4283
individuals placed on probation and their outcomes at termination.	4284

Sec. 2903.01. (A) No person shall purposely, and with prior	4285
calculation and design, cause the death of another or the unlawful	4286
termination of another's pregnancy.	4287

(B) No person shall purposely cause the death of another or	4288
the unlawful termination of another's pregnancy while committing	4289
or attempting to commit, or while fleeing immediately after	4290
committing or attempting to commit, kidnapping, rape, aggravated	4291
arson, arson, aggravated robbery, robbery, aggravated burglary,	4292
burglary, trespass in a habitation when a person is present or	4293
likely to be present, terrorism, or escape.	4294

(C) No person shall purposely cause the death of another who	4295
is under thirteen years of age at the time of the commission of	4296
the offense.	4297

(D) No person who is under detention as a result of having	4298
been found guilty of or having pleaded guilty to a felony or who	4299
breaks that detention shall purposely cause the death of another.	4300

(E) No person shall purposely cause the death of a law	4301
enforcement officer whom the offender knows or has reasonable	4302
cause to know is a law enforcement officer when either of the	4303
following applies:	4304

(1) The victim, at the time of the commission of the offense,	4305
is engaged in the victim's duties.	4306

(2) It is the offender's specific purpose to kill a law	4307
enforcement officer.	4308

(F) Whoever violates this section is guilty of aggravated	4309
murder, and shall be punished as provided in section 2929.02 of	4310
the Revised Code.	4311

(G) As used in this section:

4312

(1) "Detention" has the same meaning as in section 2921.01 of	4313
the Revised Code.	4314

(2) "Law enforcement officer" has the same meaning as in	4315
section 2911.01 of the Revised Code.	4316

Sec. 2909.03. (A) No person, by means of fire or explosion,	4317
shall knowingly do any of the following:	4318

(1) Cause, or create a substantial risk of, physical harm to	4319
any property of another without the other person's consent;	4320

(2) Cause, or create a substantial risk of, physical harm to	4321
any property of the offender or another, with purpose to defraud;	4322

(3) Cause, or create a substantial risk of, physical harm to	4323
the statehouse or a courthouse, school building, or other building	4324
or structure that is owned or controlled by the state, any	4325
political subdivision, or any department, agency, or	4326
instrumentality of the state or a political subdivision, and that	4327
is used for public purposes;	4328

(4) Cause, or create a substantial risk of, physical harm,	4329
through the offer or the acceptance of an agreement for hire or	4330
other consideration, to any property of another without the other	4331
person's consent or to any property of the offender or another	4332
with purpose to defraud;	4333

(5) Cause, or create a substantial risk of, physical harm to	4334
any park, preserve, wildlands, brush-covered land, cut-over land,	4335
forest, timberland, greenlands, woods, or similar real property	4336
that is owned or controlled by another person, the state, or a	4337
political subdivision without the consent of the other person, the	4338
state, or the political subdivision;	4339

(6) With purpose to defraud, cause, or create a substantial	4340
risk of, physical harm to any park, preserve, wildlands,	4341
brush-covered land, cut-over land, forest, timberland, greenlands,	4342
woods, or similar real property that is owned or controlled by the	4343
offender, another person, the state, or a political subdivision.	4344

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

4345

(2) A violation of division (A)(1) of this section is one of	4346
the following:	4347

(a) Except as otherwise provided in division (B)(2)(b) of	4348
this section, a misdemeanor of the first degree;	4349

(b) If the value of the property or the amount of the	4350
physical harm involved is ~~five hundred~~one thousand dollars or	4351
more, a felony of the fourth degree.	4352

(3) A violation of division (A)(2), (3), (5), or (6) of this	4353
section is a felony of the fourth degree.	4354

(4) A violation of division (A)(4) of this section is a	4355
felony of the third degree.	4356

Sec. 2909.05. (A) No person shall knowingly cause serious	4357
physical harm to an occupied structure or any of its contents.	4358

(B)(1) No person shall knowingly cause physical harm to	4359
property that is owned or possessed by another, when either of the	4360
following applies:	4361

(a) The property is used by its owner or possessor in the	4362
owner's or possessor's profession, business, trade, or occupation,	4363
and the value of the property or the amount of physical harm	4364
involved is ~~five hundred~~one thousand dollars or more;	4365

(b) Regardless of the value of the property or the amount of	4366
damage done, the property or its equivalent is necessary in order	4367
for its owner or possessor to engage in the owner's or possessor's	4368
profession, business, trade, or occupation.	4369

(2) No person shall knowingly cause serious physical harm to	4370
property that is owned, leased, or controlled by a governmental	4371
entity. A governmental entity includes, but is not limited to, the	4372
state or a political subdivision of the state, a school district,	4373
the board of trustees of a public library or public university, or	4374
any other body corporate and politic responsible for governmental	4375
activities only in geographical areas smaller than that of the	4376
state.	4377

(C) No person, without privilege to do so, shall knowingly	4378
cause serious physical harm to any tomb, monument, gravestone, or	4379
other similar structure that is used as a memorial for the dead;	4380
to any fence, railing, curb, or other property that is used to	4381
protect, enclose, or ornament any cemetery; or to a cemetery.	4382

(D) No person, without privilege to do so, shall knowingly	4383
cause physical harm to a place of burial by breaking and entering	4384
into a tomb, crypt, casket, or other structure that is used as a	4385
memorial for the dead or as an enclosure for the dead.	4386

(E) Whoever violates this section is guilty of vandalism.	4387
Except as otherwise provided in this division, vandalism is a	4388
felony of the fifth degree that is punishable by a fine of up to	4389
two thousand five hundred dollars in addition to the penalties	4390
specified for a felony of the fifth degree in sections 2929.11 to	4391
2929.18 of the Revised Code. If the value of the property or the	4392
amount of physical harm involved is ~~five~~seven thousand five	4393
hundred dollars or more but less than one hundred fifty thousand	4394
dollars, vandalism is a felony of the fourth degree. If the value	4395
of the property or the amount of physical harm involved is one	4396
hundred fifty thousand dollars or more, vandalism is a felony of	4397
the third degree.	4398

(F) For purposes of this section:

4399

(1) "Cemetery" means any place of burial and includes burial	4400
sites that contain American Indian burial objects placed with or	4401
containing American Indian human remains.	4402

(2) "Serious physical harm" means physical harm to property	4403
that results in loss to the value of the property of ~~five hundred~~	4404
one thousand dollars or more.	4405

Sec. 2909.11. (A) When a person is charged with a violation	4406
of division (A)(1) of section 2909.03 of the Revised Code	4407
involving property value or an amount of physical harm of ~~five~~	4408
~~hundred~~one thousand dollars or more or with a violation of	4409
section 2909.05 of the Revised Code involving property value or an	4410
amount of physical harm of ~~five hundred~~one thousand dollars or	4411
more, the jury or court trying the accused shall determine the	4412
value of the property or amount of physical harm and, if a guilty	4413
verdict is returned, shall return the finding as part of the	4414
verdict. In any such case, it is unnecessary to find or return the	4415
exact value or amount of physical harm, section 2945.75 of the	4416
Revised Code applies, and it is sufficient if either of the	4417
following applies, as appropriate, relative to the finding and	4418
return of the value or amount of physical harm:	4419

(1) If the finding and return relate to a violation of	4420
division (A)(1) of section 2909.03 of the Revised Code and are	4421
that the value or amount of the physical harm was ~~five hundred~~	4422
one thousand dollars or more, the finding and return shall include	4423
a statement that the value or amount was ~~five hundred~~one	4424
thousand dollars or more.	4425

(2) If the finding and return relate to a violation of	4426
~~division~~ section 2909.05 of the Revised Code and are that the	4427
value or amount of the physical harm was in any of the following	4428
categories, the finding and return shall include one of the	4429
following statements, as appropriate:	4430

(a) If the finding and return are that the value or amount	4431
was one hundred fifty thousand dollars or more, a statement that	4432
the value or amount was one hundred fifty thousand dollars or	4433
more;	4434

(b) If the finding and return are that the value or amount	4435
was ~~five~~seven thousand five hundred dollars or more but less than	4436
one hundred fifty thousand dollars a statement that the value or	4437
amount was ~~five~~seven thousand five hundred dollars or more but	4438
less than one hundred fifty thousand dollars;	4439

(c) If the finding and return are that the value or amount	4440
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	4441
seven thousand five hundred dollars, a statement that the value	4442
or amount was ~~five hundred~~one thousand dollars or more but less	4443
than ~~five~~seven thousand five hundred dollars.	4444

(B) The following criteria shall be used in determining the	4445
value of property or amount of physical harm involved in a	4446
violation of division (A)(1) of section 2909.03 or section 2909.05	4447
of the Revised Code:	4448

(1) If the property is an heirloom, memento, collector's	4449
item, antique, museum piece, manuscript, document, record, or	4450
other thing that is either irreplaceable or is replaceable only on	4451
the expenditure of substantial time, effort, or money, the value	4452
of the property or the amount of physical harm involved is the	4453
amount that would compensate the owner for its loss.	4454

(2) If the property is not covered under division (B)(1) of	4455
this section and the physical harm is such that the property can	4456
be restored substantially to its former condition, the amount of	4457
physical harm involved is the reasonable cost of restoring the	4458
property.	4459

(3) If the property is not covered under division (B)(1) of	4460
this section and the physical harm is such that the property	4461
cannot be restored substantially to its former condition, the	4462
value of the property, in the case of personal property, is the	4463
cost of replacing the property with new property of like kind and	4464
quality, and, in the case of real property or real property	4465
fixtures, is the difference in the fair market value of the	4466
property immediately before and immediately after the offense.	4467

(C) As used in this section, "fair market value" has the same	4468
meaning as in section 2913.61 of the Revised Code.	4469

(D) Prima-facie evidence of the value of property, as	4470
provided in division (E) of section 2913.61 of the Revised Code,	4471
may be used to establish the value of property pursuant to this	4472
section.	4473

Sec. 2911.12. (A) No person, by force, stealth, or	4474
deception, shall do any of the following:	4475

(1) Trespass in an occupied structure or in a separately	4476
secured or separately occupied portion of an occupied structure,	4477
when another person other than an accomplice of the offender is	4478
present, with purpose to commit in the structure or in the	4479
separately secured or separately occupied portion of the structure	4480
any criminal offense;	4481

(2) Trespass in an occupied structure or in a separately	4482
secured or separately occupied portion of an occupied structure	4483
that is a permanent or temporary habitation of any person when any	4484
person other than an accomplice of the offender is present or	4485
likely to be present, with purpose to commit in the habitation any	4486
criminal offense;	4487

(3) Trespass in an occupied structure or in a separately	4488
secured or separately occupied portion of an occupied structure,	4489
with purpose to commit in the structure or separately secured or	4490
separately occupied portion of the structure any criminal	4491
offense;.	4492

~~(4) Trespass~~(B) No person, by force, stealth, or deception,	4493
shall trespass in a permanent or temporary habitation of any	4494
person when any person other than an accomplice of the offender is	4495
present or likely to be present.	4496

~~(B)~~(C) As used in this section, "occupied structure" has the	4497
same meaning as in section 2909.01 of the Revised Code.	4498

~~(C)~~(D) Whoever violates division (A) of this section is	4499
guilty of burglary. A violation of division (A)(1) or (2) of this	4500
section is a felony of the second degree. A violation of division	4501
(A)(3) of this section is a felony of the third degree. A	4502
~~violation of division (A)(4) of this section is a felony of the~~	4503
~~fourth degree.~~	4504

(E) Whoever violates division (B) of this section is guilty	4505
of trespass in a habitation when a person is present or likely to	4506
be present, a felony of the fourth degree.	4507

Sec. 2913.01. As used in this chapter, unless the context	4508
requires that a term be given a different meaning:	4509

(A) "Deception" means knowingly deceiving another or causing	4510
another to be deceived by any false or misleading representation,	4511
by withholding information, by preventing another from acquiring	4512
information, or by any other conduct, act, or omission that	4513
creates, confirms, or perpetuates a false impression in another,	4514
including a false impression as to law, value, state of mind, or	4515
other objective or subjective fact.	4516

(B) "Defraud" means to knowingly obtain, by deception, some	4517
benefit for oneself or another, or to knowingly cause, by	4518
deception, some detriment to another.	4519

4520

(1) Withhold property of another permanently, or for a period	4521
that appropriates a substantial portion of its value or use, or	4522
with purpose to restore it only upon payment of a reward or other	4523
consideration;	4524

(2) Dispose of property so as to make it unlikely that the	4525
owner will recover it;	4526

(3) Accept, use, or appropriate money, property, or services,	4527
with purpose not to give proper consideration in return for the	4528
money, property, or services, and without reasonable justification	4529
or excuse for not giving proper consideration.	4530

(D) "Owner" means, unless the context requires a different	4531
meaning, any person, other than the actor, who is the owner of,	4532
who has possession or control of, or who has any license or	4533
interest in property or services, even though the ownership,	4534
possession, control, license, or interest is unlawful.	4535

(E) "Services" include labor, personal services, professional	4536
services, rental services, public utility services including	4537
wireless service as defined in division (F)(1) of section 4931.40	4538
of the Revised Code, common carrier services, and food, drink,	4539
transportation, entertainment, and cable television services and,	4540
for purposes of section 2913.04 of the Revised Code, include cable	4541
services as defined in that section.	4542

(F) "Writing" means any computer software, document, letter,	4543
memorandum, note, paper, plate, data, film, or other thing having	4544
in or upon it any written, typewritten, or printed matter, and any	4545
token, stamp, seal, credit card, badge, trademark, label, or other	4546
symbol of value, right, privilege, license, or identification.	4547

(G) "Forge" means to fabricate or create, in whole or in part	4548
and by any means, any spurious writing, or to make, execute,	4549
alter, complete, reproduce, or otherwise purport to authenticate	4550
any writing, when the writing in fact is not authenticated by that	4551
conduct.	4552

(H) "Utter" means to issue, publish, transfer, use, put or	4553
send into circulation, deliver, or display.	4554

(I) "Coin machine" means any mechanical or electronic device	4555
designed to do both of the following:	4556

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

4557

(2) In return for the insertion or deposit of a coin, bill,	4558
or token, automatically dispense property, provide a service, or	4559
grant a license.	4560

(J) "Slug" means an object that, by virtue of its size,	4561
shape, composition, or other quality, is capable of being inserted	4562
or deposited in a coin machine as an improper substitute for a	4563
genuine coin, bill, or token made for that purpose.	4564

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

4565

(1) A violation of section 2911.01, 2911.02, 2911.11,	4566
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	4567
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4568
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	4569
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	4570
2913.51, 2915.05, or 2921.41 of the Revised Code;	4571

(2) A violation of an existing or former municipal ordinance	4572
or law of this or any other state, or of the United States,	4573
substantially equivalent to any section listed in division (K)(1)	4574
of this section or a violation of section 2913.41, 2913.81, or	4575
2915.06 of the Revised Code as it existed prior to July 1, 1996;	4576

(3) An offense under an existing or former municipal	4577
ordinance or law of this or any other state, or of the United	4578
States, involving robbery, burglary, breaking and entering, theft,	4579
embezzlement, wrongful conversion, forgery, counterfeiting,	4580
deceit, or fraud;	4581

(4) A conspiracy or attempt to commit, or complicity in	4582
committing, any offense under division (K)(1), (2), or (3) of this	4583
section.	4584

(L) "Computer services" includes, but is not limited to, the	4585
use of a computer system, computer network, computer program, data	4586
that is prepared for computer use, or data that is contained	4587
within a computer system or computer network.	4588

(M) "Computer" means an electronic device that performs	4589
logical, arithmetic, and memory functions by the manipulation of	4590
electronic or magnetic impulses. "Computer" includes, but is not	4591
limited to, all input, output, processing, storage, computer	4592
program, or communication facilities that are connected, or	4593
related, in a computer system or network to an electronic device	4594
of that nature.	4595

(N) "Computer system" means a computer and related devices,	4596
whether connected or unconnected, including, but not limited to,	4597
data input, output, and storage devices, data communications	4598
links, and computer programs and data that make the system capable	4599
of performing specified special purpose data processing tasks.	4600

(O) "Computer network" means a set of related and remotely	4601
connected computers and communication facilities that includes	4602
more than one computer system that has the capability to transmit	4603
among the connected computers and communication facilities through	4604
the use of computer facilities.	4605

(P) "Computer program" means an ordered set of data	4606
representing coded instructions or statements that, when executed	4607
by a computer, cause the computer to process data.	4608

(Q) "Computer software" means computer programs, procedures,	4609
and other documentation associated with the operation of a	4610
computer system.	4611

(R) "Data" means a representation of information, knowledge,	4612
facts, concepts, or instructions that are being or have been	4613
prepared in a formalized manner and that are intended for use in a	4614
computer, computer system, or computer network. For purposes of	4615
section 2913.47 of the Revised Code, "data" has the additional	4616
meaning set forth in division (A) of that section.	4617

(S) "Cable television service" means any services provided by	4618
or through the facilities of any cable television system or other	4619
similar closed circuit coaxial cable communications system, or any	4620
microwave or similar transmission service used in connection with	4621
any cable television system or other similar closed circuit	4622
coaxial cable communications system.	4623

(T) "Gain access" means to approach, instruct, communicate	4624
with, store data in, retrieve data from, or otherwise make use of	4625
any resources of a computer, computer system, or computer network,	4626
or any cable service or cable system both as defined in section	4627
2913.04 of the Revised Code.	4628

(U) "Credit card" includes, but is not limited to, a card,	4629
code, device, or other means of access to a customer's account for	4630
the purpose of obtaining money, property, labor, or services on	4631
credit, or for initiating an electronic fund transfer at a	4632
point-of-sale terminal, an automated teller machine, or a cash	4633
dispensing machine. It also includes a county procurement card	4634
issued under section 301.29 of the Revised Code.	4635

(V) "Electronic fund transfer" has the same meaning as in 92	4636
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	4637

(W) "Rented property" means personal property in which the	4638
right of possession and use of the property is for a short and	4639
possibly indeterminate term in return for consideration; the	4640
rentee generally controls the duration of possession of the	4641
property, within any applicable minimum or maximum term; and the	4642
amount of consideration generally is determined by the duration of	4643
possession of the property.	4644

(X) "Telecommunication" means the origination, emission,	4645
dissemination, transmission, or reception of data, images,	4646
signals, sounds, or other intelligence or equivalence of	4647
intelligence of any nature over any communications system by any	4648
method, including, but not limited to, a fiber optic, electronic,	4649
magnetic, optical, digital, or analog method.	4650

(Y) "Telecommunications device" means any instrument,	4651
equipment, machine, or other device that facilitates	4652
telecommunication, including, but not limited to, a computer,	4653
computer network, computer chip, computer circuit, scanner,	4654
telephone, cellular telephone, pager, personal communications	4655
device, transponder, receiver, radio, modem, or device that	4656
enables the use of a modem.	4657

(Z) "Telecommunications service" means the providing,	4658
allowing, facilitating, or generating of any form of	4659
telecommunication through the use of a telecommunications device	4660
over a telecommunications system.	4661

(AA) "Counterfeit telecommunications device" means a	4662
telecommunications device that, alone or with another	4663
telecommunications device, has been altered, constructed,	4664
manufactured, or programmed to acquire, intercept, receive, or	4665
otherwise facilitate the use of a telecommunications service or	4666
information service without the authority or consent of the	4667
provider of the telecommunications service or information service.	4668
"Counterfeit telecommunications device" includes, but is not	4669
limited to, a clone telephone, clone microchip, tumbler telephone,	4670
or tumbler microchip; a wireless scanning device capable of	4671
acquiring, intercepting, receiving, or otherwise facilitating the	4672
use of telecommunications service or information service without	4673
immediate detection; or a device, equipment, hardware, or software	4674
designed for, or capable of, altering or changing the electronic	4675
serial number in a wireless telephone.	4676

(BB)(1) "Information service" means, subject to division	4677
(BB)(2) of this section, the offering of a capability for	4678
generating, acquiring, storing, transforming, processing,	4679
retrieving, utilizing, or making available information via	4680
telecommunications, including, but not limited to, electronic	4681
publishing.	4682

(2) "Information service" does not include any use of a	4683
capability of a type described in division (BB)(1) of this section	4684
for the management, control, or operation of a telecommunications	4685
system or the management of a telecommunications service.	4686

(CC) "Elderly person" means a person who is sixty-five years	4687
of age or older.	4688

(DD) "Disabled adult" means a person who is eighteen years of	4689
age or older and has some impairment of body or mind that makes	4690
the person unable to work at any substantially remunerative	4691
employment that the person otherwise would be able to perform and	4692
that will, with reasonable probability, continue for a period of	4693
at least twelve months without any present indication of recovery	4694
from the impairment, or who is eighteen years of age or older and	4695
has been certified as permanently and totally disabled by an	4696
agency of this state or the United States that has the function of	4697
so classifying persons.	4698

(EE) "Firearm" and "dangerous ordnance" have the same	4699
meanings as in section 2923.11 of the Revised Code.	4700

(FF) "Motor vehicle" has the same meaning as in section	4701
4501.01 of the Revised Code.	4702

(GG) "Dangerous drug" has the same meaning as in section	4703
4729.01 of the Revised Code.	4704

(HH) "Drug abuse offense" has the same meaning as in section	4705
2925.01 of the Revised Code.	4706

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

4707

(a) Gaining access or attempting to gain access to all or	4708
part of a computer, computer system, or a computer network without	4709
express or implied authorization with the intent to defraud or	4710
with intent to commit a crime;	4711

(b) Misusing computer or network services including, but not	4712
limited to, mail transfer programs, file transfer programs, proxy	4713
servers, and web servers by performing functions not authorized by	4714
the owner of the computer, computer system, or computer network or	4715
other person authorized to give consent. As used in this division,	4716
"misuse of computer and network services" includes, but is not	4717
limited to, the unauthorized use of any of the following:	4718

(i) Mail transfer programs to send mail to persons other than	4719
the authorized users of that computer or computer network;	4720

(ii) File transfer program proxy services or proxy servers to	4721
access other computers, computer systems, or computer networks;	4722

(iii) Web servers to redirect users to other web pages or web	4723
servers.	4724

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	4725
using a group of computer programs commonly known as "port	4726
scanners" or "probes" to intentionally access any computer,	4727
computer system, or computer network without the permission of the	4728
owner of the computer, computer system, or computer network or	4729
other person authorized to give consent. The group of computer	4730
programs referred to in this division includes, but is not limited	4731
to, those computer programs that use a computer network to access	4732
a computer, computer system, or another computer network to	4733
determine any of the following: the presence or types of computers	4734
or computer systems on a network; the computer network's	4735
facilities and capabilities; the availability of computer or	4736
network services; the presence or versions of computer software	4737
including, but not limited to, operating systems, computer	4738
services, or computer contaminants; the presence of a known	4739
computer software deficiency that can be used to gain unauthorized	4740
access to a computer, computer system, or computer network; or any	4741
other information about a computer, computer system, or computer	4742
network not necessary for the normal and lawful operation of the	4743
computer initiating the access.	4744

(ii) The group of computer programs referred to in division	4745
(II)(1)(c)(i) of this section does not include standard computer	4746
software used for the normal operation, administration,	4747
management, and test of a computer, computer system, or computer	4748
network including, but not limited to, domain name services, mail	4749
transfer services, and other operating system services, computer	4750
programs commonly called "ping," "tcpdump," and "traceroute" and	4751
other network monitoring and management computer software, and	4752
computer programs commonly known as "nslookup" and "whois" and	4753
other systems administration computer software.	4754

(d) The intentional use of a computer, computer system, or a	4755
computer network in a manner that exceeds any right or permission	4756
granted by the owner of the computer, computer system, or computer	4757
network or other person authorized to give consent.	4758

(2) "Computer hacking" does not include the introduction of a	4759
computer contaminant, as defined in section ~~2909.02~~2909.01 of the	4760
Revised Code, into a computer, computer system, computer program,	4761
or computer network.	4762

(JJ) "Police dog or horse" has the same meaning as in section	4763
2921.321 of the Revised Code.	4764

(KK) "Anhydrous ammonia" is a compound formed by the	4765
combination of two gaseous elements, nitrogen and hydrogen, in the	4766
manner described in this division. Anhydrous ammonia is one part	4767
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	4768
weight is fourteen parts nitrogen to three parts hydrogen, which	4769
is approximately eighty-two per cent nitrogen to eighteen per cent	4770
hydrogen.	4771

(LL) "Assistance dog" has the same meaning as in section	4772
955.011 of the Revised Code.	4773

(MM) "Federally licensed firearms dealer" has the same	4774
meaning as in section 5502.63 of the Revised Code.	4775

Sec. 2913.02. (A) No person, with purpose to deprive the	4776
owner of property or services, shall knowingly obtain or exert	4777
control over either the property or services in any of the	4778
following ways:	4779

(1) Without the consent of the owner or person authorized to	4780
give consent;	4781

(2) Beyond the scope of the express or implied consent of the	4782
owner or person authorized to give consent;	4783

(3) By deception;

4784

(4) By threat;

4785

(5) By intimidation.

4786

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

4787

(2) Except as otherwise provided in this division or division	4788
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	4789
this section is petty theft, a misdemeanor of the first degree. If	4790
the value of the property or services stolen is ~~five hundred~~one	4791
thousand dollars or more and is less than ~~five~~seven thousand five	4792
hundred dollars or if the property stolen is any of the property	4793
listed in section 2913.71 of the Revised Code, a violation of this	4794
section is theft, a felony of the fifth degree. If the value of	4795
the property or services stolen is ~~five~~seven thousand five	4796
hundred dollars or more and is less than one hundred fifty	4797
thousand dollars, a violation of this section is grand theft, a	4798
felony of the fourth degree. If the value of the property or	4799
services stolen is one hundred fifty thousand dollars or more and	4800
is less than ~~five~~seven hundred fifty thousand dollars, a	4801
violation of this section is aggravated theft, a felony of the	4802
third degree. If the value of the property or services is ~~five~~	4803
seven hundred fifty thousand dollars or more and is less than one	4804
million five hundred thousand dollars, a violation of this section	4805
is aggravated theft, a felony of the second degree. If the value	4806
of the property or services stolen is one million five hundred	4807
thousand dollars or more, a violation of this section is	4808
aggravated theft of one million five hundred thousand dollars or	4809
more, a felony of the first degree.	4810

(3) Except as otherwise provided in division (B)(4), (5),	4811
(6), (7), or (8) of this section, if the victim of the offense is	4812
an elderly person or disabled adult, a violation of this section	4813
is theft from an elderly person or disabled adult, and division	4814
(B)(3) of this section applies. Except as otherwise provided in	4815
this division, theft from an elderly person or disabled adult is a	4816
felony of the fifth degree. If the value of the property or	4817
services stolen is ~~five hundred~~one thousand dollars or more and	4818
is less than ~~five~~seven thousand five hundred dollars, theft from	4819
an elderly person or disabled adult is a felony of the fourth	4820
degree. If the value of the property or services stolen is ~~five~~	4821
seven thousand five hundred dollars or more and is less than	4822
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	4823
an elderly person or disabled adult is a felony of the third	4824
degree. If the value of the property or services stolen is	4825
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	4826
is less than one hundred fifty thousand dollars, theft from an	4827
elderly person or disabled adult is a felony of the second degree.	4828
If the value of the property or services stolen is one hundred	4829
fifty thousand dollars or more, theft from an elderly person or	4830
disabled adult is a felony of the first degree.	4831

(4) If the property stolen is a firearm or dangerous	4832
ordnance, a violation of this section is grand theft. Except as	4833
otherwise provided in this division, grand theft when the property	4834
stolen is a firearm or dangerous ordnance is a felony of the third	4835
degree, and there is a presumption in favor of the court imposing	4836
a prison term for the offense. If the firearm or dangerous	4837
ordnance was stolen from a federally licensed firearms dealer,	4838
grand theft when the property stolen is a firearm or dangerous	4839
ordnance is a felony of the first degree. The offender shall serve	4840
a prison term imposed for grand theft when the property stolen is	4841
a firearm or dangerous ordnance consecutively to any other prison	4842
term or mandatory prison term previously or subsequently imposed	4843
upon the offender.	4844

(5) If the property stolen is a motor vehicle, a violation of	4845
this section is grand theft of a motor vehicle, a felony of the	4846
fourth degree.	4847

(6) If the property stolen is any dangerous drug, a violation	4848
of this section is theft of drugs, a felony of the fourth degree,	4849
or, if the offender previously has been convicted of a felony drug	4850
abuse offense, a felony of the third degree.	4851

(7) If the property stolen is a police dog or horse or an	4852
assistance dog and the offender knows or should know that the	4853
property stolen is a police dog or horse or an assistance dog, a	4854
violation of this section is theft of a police dog or horse or an	4855
assistance dog, a felony of the third degree.	4856

(8) If the property stolen is anhydrous ammonia, a violation	4857
of this section is theft of anhydrous ammonia, a felony of the	4858
third degree.	4859

(9) In addition to the penalties described in division (B)(2)	4860
of this section, if the offender committed the violation by	4861
causing a motor vehicle to leave the premises of an establishment	4862
at which gasoline is offered for retail sale without the offender	4863
making full payment for gasoline that was dispensed into the fuel	4864
tank of the motor vehicle or into another container, the court may	4865
do one of the following:	4866

(a) Unless division (B)(9)(b) of this section applies,	4867
suspend for not more than six months the offender's driver's	4868
license, probationary driver's license, commercial driver's	4869
license, temporary instruction permit, or nonresident operating	4870
privilege;	4871

(b) If the offender's driver's license, probationary driver's	4872
license, commercial driver's license, temporary instruction	4873
permit, or nonresident operating privilege has previously been	4874
suspended pursuant to division (B)(9)(a) of this section, impose a	4875
class seven suspension of the offender's license, permit, or	4876
privilege from the range specified in division (A)(7) of section	4877
4510.02 of the Revised Code, provided that the suspension shall be	4878
for at least six months.	4879

(10) In addition to the penalties described in division	4880
(B)(2) of this section, if the offender committed the violation by	4881
stealing rented property or rental services, the court may order	4882
that the offender make restitution pursuant to section 2929.18 or	4883
2929.28 of the Revised Code. Restitution may include, but is not	4884
limited to, the cost of repairing or replacing the stolen	4885
property, or the cost of repairing the stolen property and any	4886
loss of revenue resulting from deprivation of the property due to	4887
theft of rental services that is less than or equal to the actual	4888
value of the property at the time it was rented. Evidence of	4889
intent to commit theft of rented property or rental services shall	4890
be determined pursuant to the provisions of section 2913.72 of the	4891
Revised Code.	4892

(C) The sentencing court that suspends an offender's license,	4893
permit, or nonresident operating privilege under division (B)(9)	4894
of this section may grant the offender limited driving privileges	4895
during the period of the suspension in accordance with Chapter	4896
4510. of the Revised Code.	4897

Sec. 2913.03. (A) No person shall knowingly use or operate	4898
an aircraft, motor vehicle, motorcycle, motorboat, or other	4899
motor-propelled vehicle without the consent of the owner or person	4900
authorized to give consent.	4901

(B) No person shall knowingly use or operate an aircraft,	4902
motor vehicle, motorboat, or other motor-propelled vehicle without	4903
the consent of the owner or person authorized to give consent, and	4904
either remove it from this state or keep possession of it for more	4905
than forty-eight hours.	4906

(C) The following are affirmative defenses to a charge under	4907
this section:	4908

(1) At the time of the alleged offense, the actor, though	4909
mistaken, reasonably believed that the actor was authorized to use	4910
or operate the property.	4911

(2) At the time of the alleged offense, the actor reasonably	4912
believed that the owner or person empowered to give consent would	4913
authorize the actor to use or operate the property.	4914

(D)(1) Whoever violates this section is guilty of	4915
unauthorized use of a vehicle.	4916

(2) Except as otherwise provided in division (D)(4) of this	4917
section, a violation of division (A) of this section is a	4918
misdemeanor of the first degree.	4919

(3) Except as otherwise provided in division (D)(4) of this	4920
section, a violation of division (B) of this section is a felony	4921
of the fifth degree.	4922

(4) If the victim of the offense is an elderly person or	4923
disabled adult and if the victim incurs a loss as a result of the	4924
violation, a violation of division (A) or (B) of this section is	4925
whichever of the following is applicable:	4926

(a) Except as otherwise provided in division (D)(4)(b), (c),	4927
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	4928

(b) If the loss to the victim is ~~five hundred~~one thousand	4929
dollars or more and is less than ~~five~~seven thousand five hundred	4930
dollars, a felony of the fourth degree;	4931

(c) If the loss to the victim is ~~five~~seven thousand five	4932
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	4933
thousand five hundred dollars, a felony of the third degree;	4934

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	4935
thousand five hundred dollars or more, a felony of the second	4936
degree.	4937

Sec. 2913.04. (A) No person shall knowingly use or operate	4938
the property of another without the consent of the owner or person	4939
authorized to give consent.	4940

(B) No person, in any manner and by any means, including, but	4941
not limited to, computer hacking, shall knowingly gain access to,	4942
attempt to gain access to, or cause access to be gained to any	4943
computer, computer system, computer network, cable service, cable	4944
system, telecommunications device, telecommunications service, or	4945
information service without the consent of, or beyond the scope of	4946
the express or implied consent of, the owner of the computer,	4947
computer system, computer network, cable service, cable system,	4948
telecommunications device, telecommunications service, or	4949
information service or other person authorized to give consent.	4950

(C) No person shall knowingly gain access to, attempt to gain	4951
access to, cause access to be granted to, or disseminate	4952
information gained from access to the law enforcement automated	4953
database system created pursuant to section 5503.10 of the Revised	4954
Code without the consent of, or beyond the scope of the express or	4955
implied consent of, the chair of the law enforcement automated	4956
data system steering committee.	4957

(D) No person shall knowingly gain access to, attempt to gain	4958
access to, cause access to be granted to, or disseminate	4959
information gained from access to the Ohio law enforcement gateway	4960
established and operated pursuant to division (C)(1) of section	4961
109.57 of the Revised Code without the consent of, or beyond the	4962
scope of the express or implied consent of, the superintendent of	4963
the bureau of criminal identification and investigation.	4964

(E) The affirmative defenses contained in division (C) of	4965
section 2913.03 of the Revised Code are affirmative defenses to a	4966
charge under this section.	4967

(F)(1) Whoever violates division (A) of this section is	4968
guilty of unauthorized use of property.	4969

(2) Except as otherwise provided in division (F)(3) or (4) of	4970
this section, unauthorized use of property is a misdemeanor of the	4971
fourth degree.	4972

(3) Except as otherwise provided in division (F)(4) of this	4973
section, if unauthorized use of property is committed for the	4974
purpose of devising or executing a scheme to defraud or to obtain	4975
property or services, unauthorized use of property is whichever of	4976
the following is applicable:	4977

(a) Except as otherwise provided in division (F)(3)(b), (c),	4978
or (d) of this section, a misdemeanor of the first degree.	4979

(b) If the value of the property or services or the loss to	4980
the victim is ~~five hundred~~one thousand dollars or more and is	4981
less than ~~five~~seven thousand five hundred dollars, a felony of	4982
the fifth degree.	4983

(c) If the value of the property or services or the loss to	4984
the victim is ~~five~~seven thousand five hundred dollars or more and	4985
is less than one hundred fifty thousand dollars, a felony of the	4986
fourth degree.	4987

(d) If the value of the property or services or the loss to	4988
the victim is one hundred fifty thousand dollars or more, a felony	4989
of the third degree.	4990

(4) If the victim of the offense is an elderly person or	4991
disabled adult, unauthorized use of property is whichever of the	4992
following is applicable:	4993

(a) Except as otherwise provided in division (F)(4)(b), (c),	4994
or (d) of this section, a felony of the fifth degree;	4995

(b) If the value of the property or services or loss to the	4996
victim is ~~five hundred~~one thousand dollars or more and is less	4997
than ~~five~~seven thousand five hundred dollars, a felony of the	4998
fourth degree;	4999

(c) If the value of the property or services or loss to the	5000
victim is ~~five~~seven thousand five hundred dollars or more and is	5001
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	5002
a felony of the third degree;	5003

(d) If the value of the property or services or loss to the	5004
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	5005
or more, a felony of the second degree.	5006

(G)(1) Whoever violates division (B) of this section is	5007
guilty of unauthorized use of computer, cable, or	5008
telecommunication property, and shall be punished as provided in	5009
division (G)(2), (3), or (4) of this section.	5010

(2) Except as otherwise provided in division (G)(3) or (4) of	5011
this section, unauthorized use of computer, cable, or	5012
telecommunication property is a felony of the fifth degree.	5013

(3) Except as otherwise provided in division (G)(4) of this	5014
section, if unauthorized use of computer, cable, or	5015
telecommunication property is committed for the purpose of	5016
devising or executing a scheme to defraud or to obtain property or	5017
services, for obtaining money, property, or services by false or	5018
fraudulent pretenses, or for committing any other criminal	5019
offense, unauthorized use of computer, cable, or telecommunication	5020
property is whichever of the following is applicable:	5021

(a) Except as otherwise provided in division (G)(3)(b) of	5022
this section, if the value of the property or services involved or	5023
the loss to the victim is ~~five~~seven thousand five hundred dollars	5024
or more and less than one hundred fifty thousand dollars, a felony	5025
of the fourth degree;	5026

(b) If the value of the property or services involved or the	5027
loss to the victim is one hundred fifty thousand dollars or more,	5028
a felony of the third degree.	5029

(4) If the victim of the offense is an elderly person or	5030
disabled adult, unauthorized use of computer, cable, or	5031
telecommunication property is whichever of the following is	5032
applicable:	5033

(a) Except as otherwise provided in division (G)(4)(b), (c),	5034
or (d) of this section, a felony of the fifth degree;	5035

(b) If the value of the property or services or loss to the	5036
victim is ~~five hundred~~one thousand dollars or more and is less	5037
than ~~five~~seven thousand five hundred dollars, a felony of the	5038
fourth degree;	5039

(c) If the value of the property or services or loss to the	5040
victim is ~~five~~seven thousand five hundred dollars or more and is	5041
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	5042
a felony of the third degree;	5043

(d) If the value of the property or services or loss to the	5044
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	5045
or more, a felony of the second degree.	5046

(H) Whoever violates division (C) of this section is guilty	5047
of unauthorized use of the law enforcement automated database	5048
system, a felony of the fifth degree.	5049

(I) Whoever violates division (D) of this section is guilty	5050
of unauthorized use of the Ohio law enforcement gateway, a felony	5051
of the fifth degree.	5052

(J) As used in this section:

5053

(1) "Cable operator" means any person or group of persons	5054
that does either of the following:	5055

(a) Provides cable service over a cable system and directly	5056
or through one or more affiliates owns a significant interest in	5057
that cable system;	5058

(b) Otherwise controls or is responsible for, through any	5059
arrangement, the management and operation of a cable system.	5060

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

5061

(a) The one-way transmission to subscribers of video	5062
programming or of information that a cable operator makes	5063
available to all subscribers generally;	5064

(b) Subscriber interaction, if any, that is required for the	5065
selection or use of video programming or of information that a	5066
cable operator makes available to all subscribers generally, both	5067
as described in division (J)(2)(a) of this section;	5068

5069

(3) "Cable system" means any facility, consisting of a set of	5070
closed transmission paths and associated signal generation,	5071
reception, and control equipment that is designed to provide cable	5072
service that includes video programming and that is provided to	5073
multiple subscribers within a community. "Cable system" does not	5074
include any of the following:	5075

(a) Any facility that serves only to retransmit the	5076
television signals of one or more television broadcast stations;	5077

(b) Any facility that serves subscribers without using any	5078
public right-of-way;	5079

(c) Any facility of a common carrier that, under 47 U.S.C.A.	5080
522(7)(c), is excluded from the term "cable system" as defined in	5081
47 U.S.C.A. 522(7);	5082

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

5083

(e) Any facility of any electric utility used solely for	5084
operating its electric utility system.	5085

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

5086

(1) "Check" includes any form of debit from a demand deposit	5087
account, including, but not limited to any of the following:	5088

(a) A check, bill of exchange, draft, order of withdrawal, or	5089
similar negotiable or non-negotiable instrument;	5090

(b) An electronic check, electronic transaction, debit card	5091
transaction, check card transaction, substitute check, web check,	5092
or any form of automated clearing house transaction.	5093

(2) "Issue a check" means causing any form of debit from a	5094
demand deposit account.	5095

(B) No person, with purpose to defraud, shall issue or	5096
transfer or cause to be issued or transferred a check or other	5097
negotiable instrument, knowing that it will be dishonored or	5098
knowing that a person has ordered or will order stop payment on	5099
the check or other negotiable instrument.	5100

(C) For purposes of this section, a person who issues or	5101
transfers a check or other negotiable instrument is presumed to	5102
know that it will be dishonored if either of the following occurs:	5103

(1) The drawer had no account with the drawee at the time of	5104
issue or the stated date, whichever is later;	5105

(2) The check or other negotiable instrument was properly	5106
refused payment for insufficient funds upon presentment within	5107
thirty days after issue or the stated date, whichever is later,	5108
and the liability of the drawer, indorser, or any party who may be	5109
liable thereon is not discharged by payment or satisfaction within	5110
ten days after receiving notice of dishonor.	5111

(D) For purposes of this section, a person who issues or	5112
transfers a check, bill of exchange, or other draft is presumed to	5113
have the purpose to defraud if the drawer fails to comply with	5114
section 1349.16 of the Revised Code by doing any of the following	5115
when opening a checking account intended for personal, family, or	5116
household purposes at a financial institution:	5117

(1) Falsely stating that the drawer has not been issued a	5118
valid driver's or commercial driver's license or identification	5119
card issued under section 4507.50 of the Revised Code;	5120

(2) Furnishing such license or card, or another	5121
identification document that contains false information;	5122

(3) Making a false statement with respect to the drawer's	5123
current address or any additional relevant information reasonably	5124
required by the financial institution.	5125

(E) In determining the value of the payment for purposes of	5126
division (F) of this section, the court may aggregate all checks	5127
and other negotiable instruments that the offender issued or	5128
transferred or caused to be issued or transferred in violation of	5129
division (A) of this section within a period of one hundred eighty	5130
consecutive days.	5131

(F) Whoever violates this section is guilty of passing bad	5132
checks. Except as otherwise provided in this division, passing bad	5133
checks is a misdemeanor of the first degree. If the check or	5134
checks or other negotiable instrument or instruments are issued or	5135
transferred to a single vendor or single other person for the	5136
payment of ~~five hundred~~one thousand dollars or more but less than	5137
~~five~~seven thousand five hundred dollars or if the check or checks	5138
or other negotiable instrument or instruments are issued or	5139
transferred to multiple vendors or persons for the payment of one	5140
thousand five hundred dollars or more but less than ~~five~~seven	5141
thousand five hundred dollars, passing bad checks is a felony of	5142
the fifth degree. If the check or checks or other negotiable	5143
instrument or instruments are for the payment of ~~five~~seven	5144
thousand five hundred dollars or more but less than one hundred	5145
fifty thousand dollars, passing bad checks is a felony of the	5146
fourth degree. If the check or checks or other negotiable	5147
instrument or instruments are for the payment of one hundred	5148
fifty thousand dollars or more, passing bad checks is a felony of	5149
the third degree.	5150

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

5151

(1) Practice deception for the purpose of procuring the	5152
issuance of a credit card, when a credit card is issued in actual	5153
reliance thereon;	5154

(2) Knowingly buy or sell a credit card from or to a person	5155
other than the issuer.	5156

(B) No person, with purpose to defraud, shall do any of the	5157
following:	5158

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

5159

(2) Obtain property or services by the use of a credit card,	5160
in one or more transactions, knowing or having reasonable cause to	5161
believe that the card has expired or been revoked, or was	5162
obtained, is retained, or is being used in violation of law;	5163

(3) Furnish property or services upon presentation of a	5164
credit card, knowing that the card is being used in violation of	5165
law;	5166

(4) Represent or cause to be represented to the issuer of a	5167
credit card that property or services have been furnished, knowing	5168
that the representation is false.	5169

(C) No person, with purpose to violate this section, shall	5170
receive, possess, control, or dispose of a credit card.	5171

(D)(1) Whoever violates this section is guilty of misuse of	5172
credit cards.	5173

(2) Except as otherwise provided in division (D)(4) of this	5174
section, a violation of division (A), (B)(1), or (C) of this	5175
section is a misdemeanor of the first degree.	5176

(3) Except as otherwise provided in this division or division	5177
(D)(4) of this section, a violation of division (B)(2), (3), or	5178
(4) of this section is a misdemeanor of the first degree. If the	5179
cumulative retail value of the property and services involved in	5180
one or more violations of division (B)(2), (3), or (4) of this	5181
section, which violations involve one or more credit card accounts	5182
and occur within a period of ninety consecutive days commencing on	5183
the date of the first violation, is ~~five hundred~~one thousand	5184
dollars or more and is less than ~~five~~seven thousand five hundred	5185
dollars, misuse of credit cards in violation of any of those	5186
divisions is a felony of the fifth degree. If the cumulative	5187
retail value of the property and services involved in one or more	5188
violations of division (B)(2), (3), or (4) of this section, which	5189
violations involve one or more credit card accounts and occur	5190
within a period of ninety consecutive days commencing on the date	5191
of the first violation, is ~~five~~seven thousand five hundred	5192
dollars or more and is less than one hundred fifty thousand	5193
dollars, misuse of credit cards in violation of any of those	5194
divisions is a felony of the fourth degree. If the cumulative	5195
retail value of the property and services involved in one or more	5196
violations of division (B)(2), (3), or (4) of this section, which	5197
violations involve one or more credit card accounts and occur	5198
within a period of ninety consecutive days commencing on the date	5199
of the first violation, is one hundred fifty thousand dollars or	5200
more, misuse of credit cards in violation of any of those	5201
divisions is a felony of the third degree.	5202

(4) If the victim of the offense is an elderly person or	5203
disabled adult, and if the offense involves a violation of	5204
division (B)(1) or (2) of this section, division (D)(4) of this	5205
section applies. Except as otherwise provided in division (D)(4)	5206
of this section, a violation of division (B)(1) or (2) of this	5207
section is a felony of the fifth degree. If the debt for which the	5208
card is held as security or the cumulative retail value of the	5209
property or services involved in the violation is ~~five hundred~~	5210
one thousand dollars or more and is less than ~~five~~seven thousand	5211
five hundred dollars, a violation of either of those divisions is	5212
a felony of the fourth degree. If the debt for which the card is	5213
held as security or the cumulative retail value of the property or	5214
services involved in the violation is ~~five~~seven thousand five	5215
hundred dollars or more and is less than ~~twenty-five~~thirty-seven	5216
thousand five hundred dollars, a violation of either of those	5217
divisions is a felony of the third degree. If the debt for which	5218
the card is held as security or the cumulative retail value of the	5219
property or services involved in the violation is ~~twenty-five~~	5220
thirty-seven thousand five hundred dollars or more, a violation of	5221
either of those divisions is a felony of the second degree.	5222

Sec. 2913.31. (A) No person, with purpose to defraud, or	5223
knowing that the person is facilitating a fraud, shall do any of	5224
the following:	5225

(1) Forge any writing of another without the other person's	5226
authority;	5227

(2) Forge any writing so that it purports to be genuine when	5228
it actually is spurious, or to be the act of another who did not	5229
authorize that act, or to have been executed at a time or place or	5230
with terms different from what in fact was the case, or to be a	5231
copy of an original when no such original existed;	5232

(3) Utter, or possess with purpose to utter, any writing that	5233
the person knows to have been forged.	5234

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

5235

(1) Forge an identification card;

5236

(2) Sell or otherwise distribute a card that purports to be	5237
an identification card, knowing it to have been forged.	5238

As used in this division, "identification card" means a card	5239
that includes personal information or characteristics of an	5240
individual, a purpose of which is to establish the identity of the	5241
bearer described on the card, whether the words "identity,"	5242
"identification," "identification card," or other similar words	5243
appear on the card.	5244

(C)(1)(a) Whoever violates division (A) of this section is	5245
guilty of forgery.	5246

(b) Except as otherwise provided in this division or division	5247
(C)(1)(c) of this section, forgery is a felony of the fifth	5248
degree. If property or services are involved in the offense or the	5249
victim suffers a loss, forgery is one of the following:	5250

(i) If the value of the property or services or the loss to	5251
the victim is ~~five~~seven thousand five hundred dollars or more and	5252
is less than one hundred fifty thousand dollars, a felony of the	5253
fourth degree;	5254

(ii) If the value of the property or services or the loss to	5255
the victim is one hundred fifty thousand dollars or more, a felony	5256
of the third degree.	5257

(c) If the victim of the offense is an elderly person or	5258
disabled adult, division (C)(1)(c) of this section applies to the	5259
forgery. Except as otherwise provided in division (C)(1)(c) of	5260
this section, forgery is a felony of the fifth degree. If property	5261
or services are involved in the offense or if the victim suffers a	5262
loss, forgery is one of the following:	5263

(i) If the value of the property or services or the loss to	5264
the victim is ~~five hundred~~one thousand dollars or more and is	5265
less than ~~five~~seven thousand five hundred dollars, a felony of	5266
the fourth degree;	5267

(ii) If the value of the property or services or the loss to	5268
the victim is ~~five~~seven thousand five hundred dollars or more and	5269
is less than ~~twenty-five~~thirty-seven thousand five hundred	5270
dollars, a felony of the third degree;	5271

(iii) If the value of the property or services or the loss to	5272
the victim is ~~twenty-five~~thirty-seven thousand five hundred	5273
dollars or more, a felony of the second degree.	5274

(2) Whoever violates division (B) of this section is guilty	5275
of forging identification cards or selling or distributing forged	5276
identification cards. Except as otherwise provided in this	5277
division, forging identification cards or selling or distributing	5278
forged identification cards is a misdemeanor of the first degree.	5279
If the offender previously has been convicted of a violation of	5280
division (B) of this section, forging identification cards or	5281
selling or distributing forged identification cards is a	5282
misdemeanor of the first degree and, in addition, the court shall	5283
impose upon the offender a fine of not less than two hundred fifty	5284
dollars.	5285

Sec. 2913.32. (A) No person, with purpose to defraud, or	5286
knowing that the person is facilitating a fraud, shall do any of	5287
the following:	5288

(1) Make or alter any object so that it appears to have value	5289
because of antiquity, rarity, curiosity, source, or authorship,	5290
which it does not in fact possess;	5291

(2) Practice deception in making, retouching, editing, or	5292
reproducing any photograph, movie film, video tape, phonograph	5293
record, or recording tape;	5294

(3) Falsely or fraudulently make, simulate, forge, alter, or	5295
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	5296
the liquor control commission under Chapters 4301. and 4303. of	5297
the Revised Code, falsely or fraudulently cause to be made,	5298
simulated, forged, altered, or counterfeited any wrapper, label,	5299
stamp, cork, or cap prescribed by the liquor control commission	5300
under Chapters 4301. and 4303. of the Revised Code, or use more	5301
than once any wrapper, label, stamp, cork, or cap prescribed by	5302
the liquor control commission under Chapters 4301. and 4303. of	5303
the Revised Code.	5304

(4) Utter, or possess with purpose to utter, any object that	5305
the person knows to have been simulated as provided in division	5306
(A)(1), (2), or (3) of this section.	5307

(B) Whoever violates this section is guilty of criminal	5308
simulation. Except as otherwise provided in this division,	5309
criminal simulation is a misdemeanor of the first degree. If the	5310
loss to the victim is ~~five hundred~~one thousand dollars or more	5311
and is less than ~~five~~seven thousand five hundred dollars,	5312
criminal simulation is a felony of the fifth degree. If the loss	5313
to the victim is ~~five~~seven thousand five hundred dollars or more	5314
and is less than one hundred fifty thousand dollars, criminal	5315
simulation is a felony of the fourth degree. If the loss to the	5316
victim is one hundred fifty thousand dollars or more, criminal	5317
simulation is a felony of the third degree.	5318

Sec. 2913.34. (A) No person shall knowingly do any of the	5319
following:	5320

(1) Attach, affix, or otherwise use a counterfeit mark in	5321
connection with the manufacture of goods or services, whether or	5322
not the goods or services are intended for sale or resale;	5323

(2) Possess, sell, or offer for sale tools, machines,	5324
instruments, materials, articles, or other items of personal	5325
property with the knowledge that they are designed for the	5326
production or reproduction of counterfeit marks;	5327

(3) Purchase or otherwise acquire goods, and keep or	5328
otherwise have the goods in the person's possession, with the	5329
knowledge that a counterfeit mark is attached to, affixed to, or	5330
otherwise used in connection with the goods and with the intent to	5331
sell or otherwise dispose of the goods;	5332

(4) Sell, offer for sale, or otherwise dispose of goods with	5333
the knowledge that a counterfeit mark is attached to, affixed to,	5334
or otherwise used in connection with the goods;	5335

(5) Sell, offer for sale, or otherwise provide services with	5336
the knowledge that a counterfeit mark is used in connection with	5337
that sale, offer for sale, or other provision of the services.	5338

(B)(1) Whoever violates this section is guilty of trademark	5339
counterfeiting.	5340

(2) Except as otherwise provided in this division, a	5341
violation of division (A)(1) of this section is a felony of the	5342
fifth degree. Except as otherwise provided in this division, if	5343
the cumulative sales price of the goods or services to which or in	5344
connection with which the counterfeit mark is attached, affixed,	5345
or otherwise used in the offense is five thousand dollars or more	5346
but less than one hundred thousand dollars or if the number of	5347
units of goods to which or in connection with which the	5348
counterfeit mark is attached, affixed, or otherwise used in the	5349
offense is more than one hundred units but less than one thousand	5350
units, a violation of division (A)(1) of this section is a felony	5351
of the fourth degree. If the cumulative sales price of the goods	5352
or services to which or in connection with which the counterfeit	5353
mark is attached, affixed, or otherwise used in the offense is one	5354
hundred thousand dollars or more or if the number of units of	5355
goods to which or in connection with which the counterfeit mark is	5356
attached, affixed, or otherwise used in the offense is one	5357
thousand units or more, a violation of division (A)(1) of this	5358
section is a felony of the third degree.	5359

(3) Except as otherwise provided in this division, a	5360
violation of division (A)(2) of this section is a misdemeanor of	5361
the first degree. If the circumstances of the violation indicate	5362
that the tools, machines, instruments, materials, articles, or	5363
other items of personal property involved in the violation were	5364
intended for use in the commission of a felony, a violation of	5365
division (A)(2) of this section is a felony of the fifth degree.	5366

(4) Except as otherwise provided in this division, a	5367
violation of division (A)(3), (4), or (5) of this section is a	5368
misdemeanor of the first degree. Except as otherwise provided in	5369
this division, if the cumulative sales price of the goods or	5370
services to which or in connection with which the counterfeit mark	5371
is attached, affixed, or otherwise used in the offense is ~~five~~	5372
~~hundred~~one thousand dollars or more but less than ~~five~~seven	5373
thousand five hundred dollars, a violation of division (A)(3),	5374
(4), or (5) of this section is a felony of the fifth degree.	5375
Except as otherwise provided in this division, if the cumulative	5376
sales price of the goods or services to which or in connection	5377
with which the counterfeit mark is attached, affixed, or otherwise	5378
used in the offense is ~~five~~seven thousand five hundred dollars	5379
or more but less than one hundred fifty thousand dollars or if the	5380
number of units of goods to which or in connection with which the	5381
counterfeit mark is attached, affixed, or otherwise used in the	5382
offense is more than one hundred units but less than one thousand	5383
units, a violation of division (A)(3), (4), or (5) of this section	5384
is a felony of the fourth degree. If the cumulative sales price of	5385
the goods or services to which or in connection with which the	5386
counterfeit mark is attached, affixed, or otherwise used in the	5387
offense is one hundred fifty thousand dollars or more or if the	5388
number of units of goods to which or in connection with which the	5389
counterfeit mark is attached, affixed, or otherwise used in the	5390
offense is one thousand units or more, a violation of division	5391
(A)(3), (4), or (5) of this section is a felony of the third	5392
degree.	5393

(C) A defendant may assert as an affirmative defense to a	5394
charge of a violation of this section defenses, affirmative	5395
defenses, and limitations on remedies that would be available in a	5396
civil, criminal, or administrative action or proceeding under the	5397
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	5398
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	5399
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	5400
of the Revised Code, or common law.	5401

(D)(1) Law enforcement officers may seize pursuant to	5402
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	5403
either of the following:	5404

(a) Goods to which or in connection with which a person	5405
attached, affixed, otherwise used, or intended to attach, affix,	5406
or otherwise use a counterfeit mark in violation of this section;	5407

(b) Tools, machines, instruments, materials, articles,	5408
vehicles, or other items of personal property that are possessed,	5409
sold, offered for sale, or used in a violation of this section or	5410
in an attempt to commit or complicity in the commission of a	5411
violation of this section.	5412

(2) Notwithstanding any contrary provision of Chapter 2981.	5413
of the Revised Code, if a person is convicted of or pleads guilty	5414
to a violation of this section, an attempt to violate this	5415
section, or complicity in a violation of this section, the court	5416
involved shall declare that the goods described in division	5417
(D)(1)(a) of this section and the personal property described in	5418
division (D)(1)(b) of this section are contraband and are	5419
forfeited. Prior to the court's entry of judgment under Criminal	5420
Rule 32, the owner of a registered trademark or service mark that	5421
is the subject of the counterfeit mark may recommend a manner in	5422
which the forfeited goods and forfeited personal property should	5423
be disposed of. If that owner makes a timely recommendation of a	5424
manner of disposition, the court is not bound by the	5425
recommendation. If that owner makes a timely recommendation of a	5426
manner of disposition, the court may include in its entry of	5427
judgment an order that requires appropriate persons to dispose of	5428
the forfeited goods and forfeited personal property in the	5429
recommended manner. If that owner fails to make a timely	5430
recommendation of a manner of disposition or if that owner makes a	5431
timely recommendation of the manner of disposition but the court	5432
determines to not follow the recommendation, the court shall	5433
include in its entry of judgment an order that requires the law	5434
enforcement agency that employs the law enforcement officer who	5435
seized the forfeited goods or the forfeited personal property to	5436
destroy them or cause their destruction.	5437

(E) This section does not affect the rights of an owner of a	5438
trademark or a service mark, or the enforcement in a civil action	5439
or in administrative proceedings of the rights of an owner of a	5440
trademark or a service mark, under the "Lanham Act," 60 Stat.	5441
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	5442
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	5443
amended, Chapter 1329. or another section of the Revised Code, or	5444
common law.	5445

(F) As used in this section:

5446

(1)(a) Except as provided in division (F)(1)(b) of this	5447
section, "counterfeit mark" means a spurious trademark or a	5448
spurious service mark that satisfies both of the following:	5449

(i) It is identical with or substantially indistinguishable	5450
from a mark that is registered on the principal register in the	5451
United States patent and trademark office for the same goods or	5452
services as the goods or services to which or in connection with	5453
which the spurious trademark or spurious service mark is attached,	5454
affixed, or otherwise used or from a mark that is registered with	5455
the secretary of state pursuant to sections 1329.54 to 1329.67 of	5456
the Revised Code for the same goods or services as the goods or	5457
services to which or in connection with which the spurious	5458
trademark or spurious service mark is attached, affixed, or	5459
otherwise used, and the owner of the registration uses the	5460
registered mark, whether or not the offender knows that the mark	5461
is registered in a manner described in division (F)(1)(a)(i) of	5462
this section.	5463

(ii) Its use is likely to cause confusion or mistake or to	5464
deceive other persons.	5465

(b) "Counterfeit mark" does not include a mark or other	5466
designation that is attached to, affixed to, or otherwise used in	5467
connection with goods or services if the holder of the right to	5468
use the mark or other designation authorizes the manufacturer,	5469
producer, or vendor of those goods or services to attach, affix,	5470
or otherwise use the mark or other designation in connection with	5471
those goods or services at the time of their manufacture,	5472
production, or sale.	5473

(2) "Cumulative sales price" means the product of the lowest	5474
single unit sales price charged or sought to be charged by an	5475
offender for goods to which or in connection with which a	5476
counterfeit mark is attached, affixed, or otherwise used or of the	5477
lowest single service transaction price charged or sought to be	5478
charged by an offender for services in connection with which a	5479
counterfeit mark is used, multiplied by the total number of those	5480
goods or services, whether or not units of goods are sold or are	5481
in an offender's possession, custody, or control.	5482

(3) "Registered trademark or service mark" means a trademark	5483
or service mark that is registered in a manner described in	5484
division (F)(1) of this section.	5485

(4) "Trademark" and "service mark" have the same meanings as	5486
in section 1329.54 of the Revised Code.	5487

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

5488

(1) "Statement or representation" means any oral, written,	5489
electronic, electronic impulse, or magnetic communication that is	5490
used to identify an item of goods or a service for which	5491
reimbursement may be made under the medical assistance program or	5492
that states income and expense and is or may be used to determine	5493
a rate of reimbursement under the medical assistance program.	5494

(2) "Medical assistance program" means the program	5495
established by the department of job and family services to	5496
provide medical assistance under section 5111.01 of the Revised	5497
Code and the medicaid program of Title XIX of the "Social Security	5498
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	5499

(3) "Provider" means any person who has signed a provider	5500
agreement with the department of job and family services to	5501
provide goods or services pursuant to the medical assistance	5502
program or any person who has signed an agreement with a party to	5503
such a provider agreement under which the person agrees to provide	5504
goods or services that are reimbursable under the medical	5505
assistance program.	5506

(4) "Provider agreement" means an oral or written agreement	5507
between the department of job and family services and a person in	5508
which the person agrees to provide goods or services under the	5509
medical assistance program.	5510

(5) "Recipient" means any individual who receives goods or	5511
services from a provider under the medical assistance program.	5512

(6) "Records" means any medical, professional, financial, or	5513
business records relating to the treatment or care of any	5514
recipient, to goods or services provided to any recipient, or to	5515
rates paid for goods or services provided to any recipient and any	5516
records that are required by the rules of the director of job and	5517
family services to be kept for the medical assistance program.	5518

(B) No person shall knowingly make or cause to be made a	5519
false or misleading statement or representation for use in	5520
obtaining reimbursement from the medical assistance program.	5521

(C) No person, with purpose to commit fraud or knowing that	5522
the person is facilitating a fraud, shall do either of the	5523
following:	5524

(1) Contrary to the terms of the person's provider agreement,	5525
charge, solicit, accept, or receive for goods or services that the	5526
person provides under the medical assistance program any property,	5527
money, or other consideration in addition to the amount of	5528
reimbursement under the medical assistance program and the	5529
person's provider agreement for the goods or services and any	5530
cost-sharing expenses authorized by section 5111.0112 of the	5531
Revised Code or rules adopted pursuant to section 5111.01,	5532
5111.011, or 5111.02 of the Revised Code.	5533

(2) Solicit, offer, or receive any remuneration, other than	5534
any cost-sharing expenses authorized by section 5111.0112 of the	5535
Revised Code or rules adopted under section 5111.01, 5111.011, or	5536
5111.02 of the Revised Code, in cash or in kind, including, but	5537
not limited to, a kickback or rebate, in connection with the	5538
furnishing of goods or services for which whole or partial	5539
reimbursement is or may be made under the medical assistance	5540
program.	5541

(D) No person, having submitted a claim for or provided goods	5542
or services under the medical assistance program, shall do either	5543
of the following for a period of at least six years after a	5544
reimbursement pursuant to that claim, or a reimbursement for those	5545
goods or services, is received under the medical assistance	5546
program:	5547

(1) Knowingly alter, falsify, destroy, conceal, or remove any	5548
records that are necessary to fully disclose the nature of all	5549
goods or services for which the claim was submitted, or for which	5550
reimbursement was received, by the person;	5551

(2) Knowingly alter, falsify, destroy, conceal, or remove any	5552
records that are necessary to disclose fully all income and	5553
expenditures upon which rates of reimbursements were based for the	5554
person.	5555

(E) Whoever violates this section is guilty of medicaid	5556
fraud. Except as otherwise provided in this division, medicaid	5557
fraud is a misdemeanor of the first degree. If the value of	5558
property, services, or funds obtained in violation of this section	5559
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	5560
seven thousand five hundred dollars, medicaid fraud is a felony of	5561
the fifth degree. If the value of property, services, or funds	5562
obtained in violation of this section is ~~five~~seven thousand five	5563
hundred dollars or more and is less than one hundred fifty	5564
thousand dollars, medicaid fraud is a felony of the fourth degree.	5565
If the value of the property, services, or funds obtained in	5566
violation of this section is one hundred fifty thousand dollars or	5567
more, medicaid fraud is a felony of the third degree.	5568

(F) Upon application of the governmental agency, office, or	5569
other entity that conducted the investigation and prosecution in a	5570
case under this section, the court shall order any person who is	5571
convicted of a violation of this section for receiving any	5572
reimbursement for furnishing goods or services under the medical	5573
assistance program to which the person is not entitled to pay to	5574
the applicant its cost of investigating and prosecuting the case.	5575
The costs of investigation and prosecution that a defendant is	5576
ordered to pay pursuant to this division shall be in addition to	5577
any other penalties for the receipt of that reimbursement that are	5578
provided in this section, section 5111.03 of the Revised Code, or	5579
any other provision of law.	5580

(G) The provisions of this section are not intended to be	5581
exclusive remedies and do not preclude the use of any other	5582
criminal or civil remedy for any act that is in violation of this	5583
section.	5584

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

5585

(1) "Medicaid benefits" means benefits under the medical	5586
assistance program established under Chapter 5111. of the Revised	5587
Code.	5588

(2) "Property" means any real or personal property or other	5589
asset in which a person has any legal title or interest.	5590

(B) No person shall knowingly do any of the following in an	5591
application for medicaid benefits or in a document that requires a	5592
disclosure of assets for the purpose of determining eligibility to	5593
receive medicaid benefits:	5594

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

5595

(2) Conceal an interest in property;

5596

(3)(a) Except as provided in division (B)(3)(b) of this	5597
section, fail to disclose a transfer of property that occurred	5598
during the period beginning thirty-six months before submission of	5599
the application or document and ending on the date the application	5600
or document was submitted;	5601

(b) Fail to disclose a transfer of property that occurred	5602
during the period beginning sixty months before submission of the	5603
application or document and ending on the date the application or	5604
document was submitted and that was made to an irrevocable trust a	5605
portion of which is not distributable to the applicant for	5606
medicaid benefits or the recipient of medicaid benefits or to a	5607
revocable trust.	5608

(C)(1) Whoever violates this section is guilty of medicaid	5609
eligibility fraud. Except as otherwise provided in this division,	5610
a violation of this section is a misdemeanor of the first degree.	5611
If the value of the medicaid benefits paid as a result of the	5612
violation is ~~five hundred~~one thousand dollars or more and is less	5613
than ~~five~~seven thousand five hundred dollars, a violation of	5614
this section is a felony of the fifth degree. If the value of the	5615
medicaid benefits paid as a result of the violation is ~~five~~seven	5616
thousand five hundred dollars or more and is less than one hundred	5617
fifty thousand dollars, a violation of this section is a felony of	5618
the fourth degree. If the value of the medicaid benefits paid as a	5619
result of the violation is one hundred fifty thousand dollars or	5620
more, a violation of this section is a felony of the third degree.	5621

(2) In addition to imposing a sentence under division (C)(1)	5622
of this section, the court shall order that a person who is guilty	5623
of medicaid eligibility fraud make restitution in the full amount	5624
of any medicaid benefits paid on behalf of an applicant for or	5625
recipient of medicaid benefits for which the applicant or	5626
recipient was not eligible, plus interest at the rate applicable	5627
to judgments on unreimbursed amounts from the date on which the	5628
benefits were paid to the date on which restitution is made.	5629

(3) The remedies and penalties provided in this section are	5630
not exclusive and do not preclude the use of any other criminal or	5631
civil remedy for any act that is in violation of this section.	5632

(D) This section does not apply to a person who fully	5633
disclosed in an application for medicaid benefits or in a document	5634
that requires a disclosure of assets for the purpose of	5635
determining eligibility to receive medicaid benefits all of the	5636
interests in property of the applicant for or recipient of	5637
medicaid benefits, all transfers of property by the applicant for	5638
or recipient of medicaid benefits, and the circumstances of all	5639
those transfers.	5640

(E) Any amounts of medicaid benefits recovered as restitution	5641
under this section and any interest on those amounts shall be	5642
credited to the general revenue fund, and any applicable federal	5643
share shall be returned to the appropriate agency or department of	5644
the United States.	5645

Sec. 2913.42. (A) No person, knowing the person has no	5646
privilege to do so, and with purpose to defraud or knowing that	5647
the person is facilitating a fraud, shall do any of the following:	5648

(1) Falsify, destroy, remove, conceal, alter, deface, or	5649
mutilate any writing, computer software, data, or record;	5650

(2) Utter any writing or record, knowing it to have been	5651
tampered with as provided in division (A)(1) of this section.	5652

(B)(1) Whoever violates this section is guilty of tampering	5653
with records.	5654

(2) Except as provided in division (B)(4) of this section, if	5655
the offense does not involve data or computer software, tampering	5656
with records is whichever of the following is applicable:	5657

(a) If division (B)(2)(b) of this section does not apply, a	5658
misdemeanor of the first degree;	5659

(b) If the writing or record is a will unrevoked at the time	5660
of the offense, a felony of the fifth degree.	5661

(3) Except as provided in division (B)(4) of this section, if	5662
the offense involves a violation of division (A) of this section	5663
involving data or computer software, tampering with records is	5664
whichever of the following is applicable:	5665

(a) Except as otherwise provided in division (B)(3)(b), (c),	5666
or (d) of this section, a misdemeanor of the first degree;	5667

(b) If the value of the data or computer software involved in	5668
the offense or the loss to the victim is ~~five hundred~~one thousand	5669
dollars or more and is less than ~~five~~seven thousand five hundred	5670
dollars, a felony of the fifth degree;	5671

(c) If the value of the data or computer software involved in	5672
the offense or the loss to the victim is ~~five~~seven thousand five	5673
hundred dollars or more and is less than one hundred fifty	5674
thousand dollars, a felony of the fourth degree;	5675

(d) If the value of the data or computer software involved in	5676
the offense or the loss to the victim is one hundred fifty	5677
thousand dollars or more or if the offense is committed for the	5678
purpose of devising or executing a scheme to defraud or to obtain	5679
property or services and the value of the property or services or	5680
the loss to the victim is ~~five~~seven thousand five hundred dollars	5681
or more, a felony of the third degree.	5682

(4) If the writing, data, computer software, or record is	5683
kept by or belongs to a local, state, or federal governmental	5684
entity, a felony of the third degree.	5685

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

5686

(1) "Computer," "computer network," and "computer system"	5687
have the same meanings as in section 2913.01 of the Revised Code.	5688

(2) "Commercial electronic mail message" means any electronic	5689
mail message the primary purpose of which is the commercial	5690
advertisement or promotion of a commercial product or service,	5691
including content on an internet web site operated for a	5692
commercial purpose, but does not include a transactional or	5693
relationship message. The inclusion of a reference to a commercial	5694
entity or a link to the web site of a commercial entity does not,	5695
by itself, cause that message to be treated as a commercial	5696
electronic mail message for the purpose of this section, if the	5697
contents or circumstances of the message indicate a primary	5698
purpose other than commercial advertisement or promotion of a	5699
commercial product or service.	5700

(3) "Domain name" means any alphanumeric designation that is	5701
registered with or assigned by any domain name registrar, domain	5702
name registry, or other domain name registration authority as part	5703
of an electronic address on the internet.	5704

(4) "Electronic mail," "originating address," and "receiving	5705
address" have the same meanings as in section 2307.64 of the	5706
Revised Code.	5707

(5) "Electronic mail message" means each electronic mail	5708
addressed to a discrete addressee.	5709

(6) "Electronic mail service provider" means any person,	5710
including an internet service provider, that is an intermediary in	5711
sending and receiving electronic mail and that provides to the	5712
public electronic mail accounts or online user accounts from which	5713
electronic mail may be sent.	5714

(7) "Header information" means the source, destination, and	5715
routing information attached to an electronic mail message,	5716
including the originating domain name, the originating address,	5717
and technical information that authenticates the sender of an	5718
electronic mail message for computer network security or computer	5719
network management purposes.	5720

(8) "Initiate the transmission" or "initiated" means to	5721
originate or transmit a commercial electronic mail message or to	5722
procure the origination or transmission of that message,	5723
regardless of whether the message reaches its intended recipients,	5724
but does not include actions that constitute routine conveyance of	5725
such message.	5726

(9) "Internet" has the same meaning as in section 341.42 of	5727
the Revised Code.	5728

(10) "Internet protocol address" means the string of numbers	5729
by which locations on the internet are identified by routers or	5730
other computers connected to the internet.	5731

(11) "Materially falsify" means to alter or conceal in a	5732
manner that would impair the ability of a recipient of an	5733
electronic mail message, an electronic mail service provider	5734
processing an electronic mail message on behalf of a recipient, a	5735
person alleging a violation of this section, or a law enforcement	5736
agency to identify, locate, or respond to the person that	5737
initiated the electronic mail message or to investigate an alleged	5738
violation of this section.	5739

(12) "Multiple" means more than ten commercial electronic	5740
mail messages during a twenty-four-hour period, more than one	5741
hundred commercial electronic mail messages during a thirty-day	5742
period, or more than one thousand commercial electronic mail	5743
messages during a one-year period.	5744

(13) "Recipient" means a person who receives a commercial	5745
electronic mail message at any one of the following receiving	5746
addresses:	5747

(a) A receiving address furnished by an electronic mail	5748
service provider that bills for furnishing and maintaining that	5749
receiving address to a mailing address within this state;	5750

(b) A receiving address ordinarily accessed from a computer	5751
located within this state or by a person domiciled within this	5752
state;	5753

(c) Any other receiving address with respect to which this	5754
section can be imposed consistent with the United States	5755
Constitution.	5756

(14) "Routine conveyance" means the transmission, routing,	5757
relaying, handling, or storing, through an automated technical	5758
process, of an electronic mail message for which another person	5759
has identified the recipients or provided the recipient addresses.	5760

(15) "Transactional or relationship message" means an	5761
electronic mail message the primary purpose of which is to do any	5762
of the following:	5763

(a) Facilitate, complete, or confirm a commercial transaction	5764
that the recipient has previously agreed to enter into with the	5765
sender;	5766

(b) Provide warranty information, product recall information,	5767
or safety or security information with respect to a commercial	5768
product or service used or purchased by the recipient;	5769

(c) Provide notification concerning a change in the terms or	5770
features of; a change in the recipient's standing or status with	5771
respect to; or, at regular periodic intervals, account balance	5772
information or other type of account statement with respect to, a	5773
subscription, membership, account, loan, or comparable ongoing	5774
commercial relationship involving the ongoing purchase or use by	5775
the recipient of products or services offered by the sender;	5776

(d) Provide information directly related to an employment	5777
relationship or related benefit plan in which the recipient is	5778
currently involved, participating, or enrolled;	5779

(e) Deliver goods or services, including product updates or	5780
upgrades, that the recipient is entitled to receive under the	5781
terms of a transaction that the recipient has previously agreed to	5782
enter into with the sender.	5783

(B) No person, with regard to commercial electronic mail	5784
messages sent from or to a computer in this state, shall do any of	5785
the following:	5786

(1) Knowingly use a computer to relay or retransmit multiple	5787
commercial electronic mail messages, with the intent to deceive or	5788
mislead recipients or any electronic mail service provider, as to	5789
the origin of those messages;	5790

(2) Knowingly and materially falsify header information in	5791
multiple commercial electronic mail messages and purposely	5792
initiate the transmission of those messages;	5793

(3) Knowingly register, using information that materially	5794
falsifies the identity of the actual registrant, for five or more	5795
electronic mail accounts or online user accounts or two or more	5796
domain names and purposely initiate the transmission of multiple	5797
commercial electronic mail messages from one, or any combination,	5798
of those accounts or domain names;	5799

(4) Knowingly falsely represent the right to use five or more	5800
internet protocol addresses, and purposely initiate the	5801
transmission of multiple commercial electronic mail messages from	5802
those addresses.	5803

(C)(1) Whoever violates division (B) of this section is	5804
guilty of illegally transmitting multiple commercial electronic	5805
mail messages. Except as otherwise provided in division (C)(2) or	5806
(E) of this section, illegally transmitting multiple commercial	5807
electronic mail messages is a felony of the fifth degree.	5808

(2) Illegally transmitting multiple commercial electronic	5809
mail messages is a felony of the fourth degree if any of the	5810
following apply:	5811

(a) Regarding a violation of division (B)(3) of this section,	5812
the offender, using information that materially falsifies the	5813
identity of the actual registrant, knowingly registers for twenty	5814
or more electronic mail accounts or online user accounts or ten or	5815
more domain names, and purposely initiates, or conspires to	5816
initiate, the transmission of multiple commercial electronic mail	5817
messages from the accounts or domain names.	5818

(b) Regarding any violation of division (B) of this section,	5819
the volume of commercial electronic mail messages the offender	5820
transmitted in committing the violation exceeds two hundred and	5821
fifty during any twenty-four-hour period, two thousand five	5822
hundred during any thirty-day period, or twenty-five thousand	5823
during any one-year period.	5824

(c) Regarding any violation of division (B) of this section,	5825
during any one-year period the aggregate loss to the victim or	5826
victims of the violation is ~~five hundred~~one thousand dollars or	5827
more, or during any one-year period the aggregate value of the	5828
property or services obtained by any offender as a result of the	5829
violation is ~~five hundred~~one thousand dollars or more.	5830

(d) Regarding any violation of division (B) of this section,	5831
the offender committed the violation with three or more other	5832
persons with respect to whom the offender was the organizer or	5833
leader of the activity that resulted in the violation.	5834

(e) Regarding any violation of division (B) of this section,	5835
the offender knowingly assisted in the violation through the	5836
provision or selection of electronic mail addresses to which the	5837
commercial electronic mail message was transmitted, if that	5838
offender knew that the electronic mail addresses of the recipients	5839
were obtained using an automated means from an internet web site	5840
or proprietary online service operated by another person, and that	5841
web site or online service included, at the time the electronic	5842
mail addresses were obtained, a notice stating that the operator	5843
of that web site or online service will not transfer addresses	5844
maintained by that web site or online service to any other party	5845
for the purposes of initiating the transmission of, or enabling	5846
others to initiate the transmission of, electronic mail messages.	5847

(f) Regarding any violation of division (B) of this section,	5848
the offender knowingly assisted in the violation through the	5849
provision or selection of electronic mail addresses of the	5850
recipients obtained using an automated means that generates	5851
possible electronic mail addresses by combining names, letters, or	5852
numbers into numerous permutations.	5853

(D)(1) No person, with regard to commercial electronic mail	5854
messages sent from or to a computer in this state, shall knowingly	5855
access a computer without authorization and purposely initiate the	5856
transmission of multiple commercial electronic mail messages from	5857
or through the computer.	5858

(2) Except as otherwise provided in division (E) of this	5859
section, whoever violates division (D)(1) of this section is	5860
guilty of unauthorized access of a computer, a felony of the	5861
fourth degree.	5862

(E) Illegally transmitting multiple commercial electronic	5863
mail messages and unauthorized access of a computer in violation	5864
of this section are felonies of the third degree if the offender	5865
previously has been convicted of a violation of this section, or a	5866
violation of a law of another state or the United States regarding	5867
the transmission of electronic mail messages or unauthorized	5868
access to a computer, or if the offender committed the violation	5869
of this section in the furtherance of a felony.	5870

(F)(1) The attorney general or an electronic mail service	5871
provider that is injured by a violation of this section may bring	5872
a civil action in an appropriate court of common pleas of this	5873
state seeking relief from any person whose conduct violated this	5874
section. The civil action may be commenced at any time within one	5875
year of the date after the act that is the basis of the civil	5876
action.	5877

(2) In a civil action brought by the attorney general	5878
pursuant to division (F)(1) of this section for a violation of	5879
this section, the court may award temporary, preliminary, or	5880
permanent injunctive relief. The court also may impose a civil	5881
penalty against the offender, as the court considers just, in an	5882
amount that is the lesser of: (a) twenty-five thousand dollars for	5883
each day a violation occurs, or (b) not less than two dollars but	5884
not more than eight dollars for each commercial electronic mail	5885
message initiated in violation of this section.	5886

(3) In a civil action brought by an electronic mail service	5887
provider pursuant to division (F)(1) of this section for a	5888
violation of this section, the court may award temporary,	5889
preliminary, or permanent injunctive relief, and also may award	5890
damages in an amount equal to the greater of the following:	5891

(a) The sum of the actual damages incurred by the electronic	5892
mail service provider as a result of a violation of this section,	5893
plus any receipts of the offender that are attributable to a	5894
violation of this section and that were not taken into account in	5895
computing actual damages;	5896

(b) Statutory damages, as the court considers just, in an	5897
amount that is the lesser of: (i) twenty-five thousand dollars for	5898
each day a violation occurs, or (ii) not less than two dollars but	5899
not more than eight dollars for each commercial electronic mail	5900
message initiated in violation of this section.	5901

(4) In assessing damages awarded under division (F)(3) of	5902
this section, the court may consider whether the offender has	5903
established and implemented, with due care, commercially	5904
reasonable practices and procedures designed to effectively	5905
prevent the violation, or the violation occurred despite	5906
commercially reasonable efforts to maintain the practices and	5907
procedures established.	5908

(G) Any equipment, software, or other technology of a person	5909
who violates this section that is used or intended to be used in	5910
the commission of a violation of this section, and any real or	5911
personal property that constitutes or is traceable to the gross	5912
proceeds obtained from the commission of a violation of this	5913
section, is contraband and is subject to seizure and forfeiture	5914
pursuant to Chapter 2981. of the Revised Code.	5915

(H) The attorney general may bring a civil action, pursuant	5916
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	5917
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	5918
state in a district court of the United States that has	5919
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	5920
attorney general shall not bring a civil action under both this	5921
division and division (F) of this section. If a federal court	5922
dismisses a civil action brought under this division for reasons	5923
other than upon the merits, a civil action may be brought under	5924
division (F) of this section in the appropriate court of common	5925
pleas of this state.	5926

(I) Nothing in this section shall be construed:

5927

(1) To require an electronic mail service provider to block,	5928
transmit, route, relay, handle, or store certain types of	5929
electronic mail messages;	5930

(2) To prevent or limit, in any way, an electronic mail	5931
service provider from adopting a policy regarding electronic mail,	5932
including a policy of declining to transmit certain types of	5933
electronic mail messages, or from enforcing such policy through	5934
technical means, through contract, or pursuant to any remedy	5935
available under any other federal, state, or local criminal or	5936
civil law;	5937

(3) To render lawful any policy adopted under division (I)(2)	5938
of this section that is unlawful under any other law.	5939

Sec. 2913.43. (A) No person, by deception, shall cause	5940
another to execute any writing that disposes of or encumbers	5941
property, or by which a pecuniary obligation is incurred.	5942

(B)(1) Whoever violates this section is guilty of securing	5943
writings by deception.	5944

(2) Except as otherwise provided in this division or division	5945
(B)(3) of this section, securing writings by deception is a	5946
misdemeanor of the first degree. If the value of the property or	5947
the obligation involved is ~~five hundred~~one thousand dollars or	5948
more and less than ~~five~~seven thousand five hundred dollars,	5949
securing writings by deception is a felony of the fifth degree. If	5950
the value of the property or the obligation involved is ~~five~~	5951
seven thousand five hundred dollars or more and is less than one	5952
hundred fifty thousand dollars, securing writings by deception is	5953
a felony of the fourth degree. If the value of the property or the	5954
obligation involved is one hundred fifty thousand dollars or	5955
more, securing writings by deception is a felony of the third	5956
degree.	5957

(3) If the victim of the offense is an elderly person or	5958
disabled adult, division (B)(3) of this section applies. Except as	5959
otherwise provided in division (B)(3) of this section, securing	5960
writings by deception is a felony of the fifth degree. If the	5961
value of the property or obligation involved is ~~five hundred~~one	5962
thousand dollars or more and is less than ~~five~~seven thousand	5963
five hundred dollars, securing writings by deception is a felony	5964
of the fourth degree. If the value of the property or obligation	5965
involved is ~~five~~seven thousand five hundred dollars or more and	5966
is less than ~~twenty-five~~thirty-seven thousand five hundred	5967
dollars, securing writings by deception is a felony of the third	5968
degree. If the value of the property or obligation involved is	5969
~~twenty-five~~thirty-seven thousand five hundred dollars or more,	5970
securing writings by deception is a felony of the second degree.	5971

Sec. 2913.45. (A) No person, with purpose to defraud one or	5972
more of the person's creditors, shall do any of the following:	5973

(1) Remove, conceal, destroy, encumber, convey, or otherwise	5974
deal with any of the person's property;	5975

(2) Misrepresent or refuse to disclose to a fiduciary	5976
appointed to administer or manage the person's affairs or estate,	5977
the existence, amount, or location of any of the person's	5978
property, or any other information regarding such property that	5979
the person is legally required to furnish to the fiduciary.	5980

(B) Whoever violates this section is guilty of defrauding	5981
creditors. Except as otherwise provided in this division,	5982
defrauding creditors is a misdemeanor of the first degree. If the	5983
value of the property involved is ~~five hundred~~one thousand	5984
dollars or more and is less than ~~five~~seven thousand five hundred	5985
dollars, defrauding creditors is a felony of the fifth degree. If	5986
the value of the property involved is ~~five~~seven thousand five	5987
hundred dollars or more and is less than one hundred fifty	5988
thousand dollars, defrauding creditors is a felony of the fourth	5989
degree. If the value of the property involved is one hundred	5990
fifty thousand dollars or more, defrauding creditors is a felony	5991
of the third degree.	5992

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

5993

(a) "Electronically transferred benefit" means the transfer	5994
of supplemental nutrition assistance program benefits or WIC	5995
program benefits through the use of an access device.	5996

(b) "WIC program benefits" includes money, coupons, delivery	5997
verification receipts, other documents, food, or other property	5998
received directly or indirectly pursuant to section 17 of the	5999
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	6000
amended.	6001

(c) "Access device" means any card, plate, code, account	6002
number, or other means of access that can be used, alone or in	6003
conjunction with another access device, to obtain payments,	6004
allotments, benefits, money, goods, or other things of value or	6005
that can be used to initiate a transfer of funds pursuant to	6006
section 5101.33 of the Revised Code and the Food and Nutrition Act	6007
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	6008
administered by any department of this state or any county or	6009
local agency pursuant to section 17 of the "Child Nutrition Act of	6010
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	6011
device" may include any electronic debit card or other means	6012
authorized by section 5101.33 of the Revised Code.	6013

(d) "Aggregate value of supplemental nutrition assistance	6014
program benefits, WIC program benefits, and electronically	6015
transferred benefits involved in the violation" means the total	6016
face value of any supplemental nutrition assistance program	6017
benefits, plus the total face value of WIC program coupons or	6018
delivery verification receipts, plus the total value of other WIC	6019
program benefits, plus the total value of any electronically	6020
transferred benefit or other access device, involved in the	6021
violation.	6022

(e) "Total value of any electronically transferred benefit or	6023
other access device" means the total value of the payments,	6024
allotments, benefits, money, goods, or other things of value that	6025
may be obtained, or the total value of funds that may be	6026
transferred, by use of any electronically transferred benefit or	6027
other access device at the time of violation.	6028

(2) If supplemental nutrition assistance program benefits,	6029
WIC program benefits, or electronically transferred benefits or	6030
other access devices of various values are used, transferred,	6031
bought, acquired, altered, purchased, possessed, presented for	6032
redemption, or transported in violation of this section over a	6033
period of twelve months, the course of conduct may be charged as	6034
one offense and the values of supplemental nutrition assistance	6035
program benefits, WIC program benefits, or any electronically	6036
transferred benefits or other access devices may be aggregated in	6037
determining the degree of the offense.	6038

(B) No individual shall knowingly possess, buy, sell, use,	6039
alter, accept, or transfer supplemental nutrition assistance	6040
program benefits, WIC program benefits, or any electronically	6041
transferred benefit in any manner not authorized by the Food and	6042
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	6043
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	6044
amended.	6045

(C) No organization, as defined in division (D) of section	6046
2901.23 of the Revised Code, shall do either of the following:	6047

(1) Knowingly allow an employee or agent to sell, transfer,	6048
or trade items or services, the purchase of which is prohibited by	6049
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	6050
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	6051
U.S.C. 1786, as amended, in exchange for supplemental nutrition	6052
assistance program benefits, WIC program benefits, or any	6053
electronically transferred benefit;	6054

(2) Negligently allow an employee or agent to sell, transfer,	6055
or exchange supplemental nutrition assistance program benefits,	6056
WIC program benefits, or any electronically transferred benefit	6057
for anything of value.	6058

(D) Whoever violates this section is guilty of illegal use of	6059
supplemental nutrition assistance program benefits or WIC program	6060
benefits. Except as otherwise provided in this division, illegal	6061
use of supplemental nutrition assistance program benefits or WIC	6062
program benefits is a felony of the fifth degree. If the aggregate	6063
value of the supplemental nutrition assistance program benefits,	6064
WIC program benefits, and electronically transferred benefits	6065
involved in the violation is ~~five hundred~~one thousand dollars or	6066
more and is less than ~~five~~seven thousand five hundred dollars,	6067
illegal use of supplemental nutrition assistance program benefits	6068
or WIC program benefits is a felony of the fourth degree. If the	6069
aggregate value of the supplemental nutrition assistance program	6070
benefits, WIC program benefits, and electronically transferred	6071
benefits involved in the violation is ~~five~~seven thousand five	6072
hundred dollars or more and is less than one hundred fifty	6073
thousand dollars, illegal use of supplemental nutrition assistance	6074
program benefits or WIC program benefits is a felony of the third	6075
degree. If the aggregate value of the supplemental nutrition	6076
assistance program benefits, WIC program benefits, and	6077
electronically transferred benefits involved in the violation is	6078
one hundred fifty thousand dollars or more, illegal use of	6079
supplemental nutrition assistance program benefits or WIC program	6080
benefits is a felony of the second degree.	6081

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

6082

(1) "Data" has the same meaning as in section 2913.01 of the	6083
Revised Code and additionally includes any other representation of	6084
information, knowledge, facts, concepts, or instructions that are	6085
being or have been prepared in a formalized manner.	6086

(2) "Deceptive" means that a statement, in whole or in part,	6087
would cause another to be deceived because it contains a	6088
misleading representation, withholds information, prevents the	6089
acquisition of information, or by any other conduct, act, or	6090
omission creates, confirms, or perpetuates a false impression,	6091
including, but not limited to, a false impression as to law,	6092
value, state of mind, or other objective or subjective fact.	6093

(3) "Insurer" means any person that is authorized to engage	6094
in the business of insurance in this state under Title XXXIX of	6095
the Revised Code, the Ohio fair plan underwriting association	6096
created under section 3929.43 of the Revised Code, any health	6097
insuring corporation, and any legal entity that is self-insured	6098
and provides benefits to its employees or members.	6099

(4) "Policy" means a policy, certificate, contract, or plan	6100
that is issued by an insurer.	6101

(5) "Statement" includes, but is not limited to, any notice,	6102
letter, or memorandum; proof of loss; bill of lading; receipt for	6103
payment; invoice, account, or other financial statement; estimate	6104
of property damage; bill for services; diagnosis or prognosis;	6105
prescription; hospital, medical, or dental chart or other record;	6106
x-ray, photograph, videotape, or movie film; test result; other	6107
evidence of loss, injury, or expense; computer-generated document;	6108
and data in any form.	6109

(B) No person, with purpose to defraud or knowing that the	6110
person is facilitating a fraud, shall do either of the following:	6111

(1) Present to, or cause to be presented to, an insurer any	6112
written or oral statement that is part of, or in support of, an	6113
application for insurance, a claim for payment pursuant to a	6114
policy, or a claim for any other benefit pursuant to a policy,	6115
knowing that the statement, or any part of the statement, is false	6116
or deceptive;	6117

(2) Assist, aid, abet, solicit, procure, or conspire with	6118
another to prepare or make any written or oral statement that is	6119
intended to be presented to an insurer as part of, or in support	6120
of, an application for insurance, a claim for payment pursuant to	6121
a policy, or a claim for any other benefit pursuant to a policy,	6122
knowing that the statement, or any part of the statement, is false	6123
or deceptive.	6124

(C) Whoever violates this section is guilty of insurance	6125
fraud. Except as otherwise provided in this division, insurance	6126
fraud is a misdemeanor of the first degree. If the amount of the	6127
claim that is false or deceptive is ~~five hundred~~one thousand	6128
dollars or more and is less than ~~five~~seven thousand five hundred	6129
dollars, insurance fraud is a felony of the fifth degree. If the	6130
amount of the claim that is false or deceptive is ~~five~~seven	6131
thousand five hundred dollars or more and is less than one hundred	6132
fifty thousand dollars, insurance fraud is a felony of the fourth	6133
degree. If the amount of the claim that is false or deceptive is	6134
one hundred fifty thousand dollars or more, insurance fraud is a	6135
felony of the third degree.	6136

(D) This section shall not be construed to abrogate, waive,	6137
or modify division (A) of section 2317.02 of the Revised Code.	6138

Sec. 2913.48. (A) No person, with purpose to defraud or	6139
knowing that the person is facilitating a fraud, shall do any of	6140
the following:	6141

(1) Receive workers' compensation benefits to which the	6142
person is not entitled;	6143

(2) Make or present or cause to be made or presented a false	6144
or misleading statement with the purpose to secure payment for	6145
goods or services rendered under Chapter 4121., 4123., 4127., or	6146
4131. of the Revised Code or to secure workers' compensation	6147
benefits;	6148

(3) Alter, falsify, destroy, conceal, or remove any record or	6149
document that is necessary to fully establish the validity of any	6150
claim filed with, or necessary to establish the nature and	6151
validity of all goods and services for which reimbursement or	6152
payment was received or is requested from, the bureau of workers'	6153
compensation, or a self-insuring employer under Chapter 4121.,	6154
4123., 4127., or 4131. of the Revised Code;	6155

(4) Enter into an agreement or conspiracy to defraud the	6156
bureau or a self-insuring employer by making or presenting or	6157
causing to be made or presented a false claim for workers'	6158
compensation benefits;	6159

(5) Make or present or cause to be made or presented a false	6160
statement concerning manual codes, classification of employees,	6161
payroll, paid compensation, or number of personnel, when	6162
information of that nature is necessary to determine the actual	6163
workers' compensation premium or assessment owed to the bureau by	6164
an employer;	6165

(6) Alter, forge, or create a workers' compensation	6166
certificate to falsely show current or correct workers'	6167
compensation coverage;	6168

(7) Fail to secure or maintain workers' compensation coverage	6169
as required by Chapter 4123. of the Revised Code with the intent	6170
to defraud the bureau of workers' compensation.	6171

(B) Whoever violates this section is guilty of workers'	6172
compensation fraud. Except as otherwise provided in this division,	6173
a violation of this section is a misdemeanor of the first degree.	6174
If the value of premiums and assessments unpaid pursuant to	6175
actions described in division (A)(5), (6), or (7) of this section,	6176
or of goods, services, property, or money stolen is ~~five hundred~~	6177
one thousand dollars or more and is less than ~~five~~seven thousand	6178
five hundred dollars, a violation of this section is a felony of	6179
the fifth degree. If the value of premiums and assessments unpaid	6180
pursuant to actions described in division (A)(5), (6), or (7) of	6181
this section, or of goods, services, property, or money stolen is	6182
~~five~~seven thousand five hundred dollars or more and is less than	6183
one hundred fifty thousand dollars, a violation of this section is	6184
a felony of the fourth degree. If the value of premiums and	6185
assessments unpaid pursuant to actions described in division	6186
(A)(5), (6), or (7) of this section, or of goods, services,	6187
property, or money stolen is one hundred fifty thousand dollars or	6188
more, a violation of this section is a felony of the third degree.	6189

(C) Upon application of the governmental body that conducted	6190
the investigation and prosecution of a violation of this section,	6191
the court shall order the person who is convicted of the violation	6192
to pay the governmental body its costs of investigating and	6193
prosecuting the case. These costs are in addition to any other	6194
costs or penalty provided in the Revised Code or any other section	6195
of law.	6196

(D) The remedies and penalties provided in this section are	6197
not exclusive remedies and penalties and do not preclude the use	6198
of any other criminal or civil remedy or penalty for any act that	6199
is in violation of this section.	6200

(E) As used in this section:

6201

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

6202

(2) "Goods" includes, but is not limited to, medical	6203
supplies, appliances, rehabilitative equipment, and any other	6204
apparatus or furnishing provided or used in the care, treatment,	6205
or rehabilitation of a claimant for workers' compensation	6206
benefits.	6207

(3) "Services" includes, but is not limited to, any service	6208
provided by any health care provider to a claimant for workers'	6209
compensation benefits and any and all services provided by the	6210
bureau as part of workers' compensation insurance coverage.	6211

(4) "Claim" means any attempt to cause the bureau, an	6212
independent third party with whom the administrator or an employer	6213
contracts under section 4121.44 of the Revised Code, or a	6214
self-insuring employer to make payment or reimbursement for	6215
workers' compensation benefits.	6216

(5) "Employment" means participating in any trade,	6217
occupation, business, service, or profession for substantial	6218
gainful remuneration.	6219

(6) "Employer," "employee," and "self-insuring employer" have	6220
the same meanings as in section 4123.01 of the Revised Code.	6221

(7) "Remuneration" includes, but is not limited to, wages,	6222
commissions, rebates, and any other reward or consideration.	6223

(8) "Statement" includes, but is not limited to, any oral,	6224
written, electronic, electronic impulse, or magnetic communication	6225
notice, letter, memorandum, receipt for payment, invoice, account,	6226
financial statement, or bill for services; a diagnosis, prognosis,	6227
prescription, hospital, medical, or dental chart or other record;	6228
and a computer generated document.	6229

(9) "Records" means any medical, professional, financial, or	6230
business record relating to the treatment or care of any person,	6231
to goods or services provided to any person, or to rates paid for	6232
goods or services provided to any person, or any record that the	6233
administrator of workers' compensation requires pursuant to rule.	6234

(10) "Workers' compensation benefits" means any compensation	6235
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	6236
the Revised Code.	6237

Sec. 2913.49. (A) As used in this section, "personal	6238
identifying information" includes, but is not limited to, the	6239
following: the name, address, telephone number, driver's license,	6240
driver's license number, commercial driver's license, commercial	6241
driver's license number, state identification card, state	6242
identification card number, social security card, social security	6243
number, birth certificate, place of employment, employee	6244
identification number, mother's maiden name, demand deposit	6245
account number, savings account number, money market account	6246
number, mutual fund account number, other financial account	6247
number, personal identification number, password, or credit card	6248
number of a living or dead individual.	6249

(B) No person, without the express or implied consent of the	6250
other person, shall use, obtain, or possess any personal	6251
identifying information of another person with intent to do either	6252
of the following:	6253

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

6254

(2) Represent the other person's personal identifying	6255
information as the person's own personal identifying information.	6256

(C) No person shall create, obtain, possess, or use the	6257
personal identifying information of any person with the intent to	6258
aid or abet another person in violating division (B) of this	6259
section.	6260

(D) No person, with intent to defraud, shall permit another	6261
person to use the person's own personal identifying information.	6262

(E) No person who is permitted to use another person's	6263
personal identifying information as described in division (D) of	6264
this section shall use, obtain, or possess the other person's	6265
personal identifying information with intent to defraud any person	6266
by doing any act identified in division (B)(1) or (2) of this	6267
section.	6268

(F)(1) It is an affirmative defense to a charge under	6269
division (B) of this section that the person using the personal	6270
identifying information is acting in accordance with a legally	6271
recognized guardianship or conservatorship or as a trustee or	6272
fiduciary.	6273

(2) It is an affirmative defense to a charge under division	6274
(B), (C), (D), or (E) of this section that either of the following	6275
applies:	6276

(a) The person or entity using, obtaining, possessing, or	6277
creating the personal identifying information or permitting it to	6278
be used is a law enforcement agency, authorized fraud personnel,	6279
or a representative of or attorney for a law enforcement agency or	6280
authorized fraud personnel and is using, obtaining, possessing, or	6281
creating the personal identifying information or permitting it to	6282
be used, with prior consent given as specified in this division,	6283
in a bona fide investigation, an information security evaluation,	6284
a pretext calling evaluation, or a similar matter. The prior	6285
consent required under this division shall be given by the person	6286
whose personal identifying information is being used, obtained,	6287
possessed, or created or is being permitted to be used or, if the	6288
person whose personal identifying information is being used,	6289
obtained, possessed, or created or is being permitted to be used	6290
is deceased, by that deceased person's executor, or a member of	6291
that deceased person's family, or that deceased person's attorney.	6292
The prior consent required under this division may be given orally	6293
or in writing by the person whose personal identifying information	6294
is being used, obtained, possessed, or created or is being	6295
permitted to be used or that person's executor, or family member,	6296
or attorney.	6297

(b) The personal identifying information was obtained,	6298
possessed, used, created, or permitted to be used for a lawful	6299
purpose, provided that division (F)(2)(b) of this section does not	6300
apply if the person or entity using, obtaining, possessing, or	6301
creating the personal identifying information or permitting it to	6302
be used is a law enforcement agency, authorized fraud personnel,	6303
or a representative of or attorney for a law enforcement agency or	6304
authorized fraud personnel that is using, obtaining, possessing,	6305
or creating the ~~personnel~~personal identifying information or	6306
permitting it to be used in an investigation, an information	6307
security evaluation, a pretext calling evaluation, or similar	6308
matter.	6309

(G) It is not a defense to a charge under this section that	6310
the person whose personal identifying information was obtained,	6311
possessed, used, created, or permitted to be used was deceased at	6312
the time of the offense.	6313

(H)(1) If an offender commits a violation of division (B),	6314
(D), or (E) of this section and the violation occurs as part of a	6315
course of conduct involving other violations of division (B), (D),	6316
or (E) of this section or violations of, attempts to violate,	6317
conspiracies to violate, or complicity in violations of division	6318
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	6319
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	6320
court, in determining the degree of the offense pursuant to	6321
division (I) of this section, may aggregate all credit, property,	6322
or services obtained or sought to be obtained by the offender and	6323
all debts or other legal obligations avoided or sought to be	6324
avoided by the offender in the violations involved in that course	6325
of conduct. The course of conduct may involve one victim or more	6326
than one victim.	6327

(2) If an offender commits a violation of division (C) of	6328
this section and the violation occurs as part of a course of	6329
conduct involving other violations of division (C) of this section	6330
or violations of, attempts to violate, conspiracies to violate, or	6331
complicity in violations of division (B), (D), or (E) of this	6332
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	6333
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	6334
determining the degree of the offense pursuant to division (I) of	6335
this section, may aggregate all credit, property, or services	6336
obtained or sought to be obtained by the person aided or abetted	6337
and all debts or other legal obligations avoided or sought to be	6338
avoided by the person aided or abetted in the violations involved	6339
in that course of conduct. The course of conduct may involve one	6340
victim or more than one victim.	6341

(I)(1) Whoever violates this section is guilty of identity	6342
fraud.	6343

(2) Except as otherwise provided in this division or division	6344
(I)(3) of this section, identity fraud is a felony of the fifth	6345
degree. If the value of the credit, property, services, debt, or	6346
other legal obligation involved in the violation or course of	6347
conduct is ~~five hundred~~one thousand dollars or more and is less	6348
than ~~five~~seven thousand five hundred dollars, except as otherwise	6349
provided in division (I)(3) of this section, identity fraud is a	6350
felony of the fourth degree. If the value of the credit, property,	6351
services, debt, or other legal obligation involved in the	6352
violation or course of conduct is ~~five~~seven thousand five hundred	6353
dollars or more and is less than one hundred fifty thousand	6354
dollars, except as otherwise provided in division (I)(3) of this	6355
section, identity fraud is a felony of the third degree. If the	6356
value of the credit, property, services, debt, or other legal	6357
obligation involved in the violation or course of conduct is one	6358
hundred fifty thousand dollars or more, except as otherwise	6359
provided in division (I)(3) of this section, identity fraud is a	6360
felony of the second degree.	6361

(3) If the victim of the offense is an elderly person or	6362
disabled adult, a violation of this section is identity fraud	6363
against an elderly person or disabled adult. Except as otherwise	6364
provided in this division, identity fraud against an elderly	6365
person or disabled adult is a felony of the fifth degree. If the	6366
value of the credit, property, services, debt, or other legal	6367
obligation involved in the violation or course of conduct is ~~five~~	6368
~~hundred~~one thousand dollars or more and is less than ~~five~~seven	6369
thousand five hundred dollars, identity fraud against an elderly	6370
person or disabled adult is a felony of the third degree. If the	6371
value of the credit, property, services, debt, or other legal	6372
obligation involved in the violation or course of conduct is ~~five~~	6373
seven thousand five hundred dollars or more and is less than one	6374
hundred fifty thousand dollars, identity fraud against an elderly	6375
person or disabled adult is a felony of the second degree. If the	6376
value of the credit, property, services, debt, or other legal	6377
obligation involved in the violation or course of conduct is one	6378
hundred fifty thousand dollars or more, identity fraud against an	6379
elderly person or disabled adult is a felony of the first degree.	6380

Sec. 2913.51. (A) No person shall receive, retain, or	6381
dispose of property of another knowing or having reasonable cause	6382
to believe that the property has been obtained through commission	6383
of a theft offense.	6384

(B) It is not a defense to a charge of receiving stolen	6385
property in violation of this section that the property was	6386
obtained by means other than through the commission of a theft	6387
offense if the property was explicitly represented to the accused	6388
person as being obtained through the commission of a theft	6389
offense.	6390

(C) Whoever violates this section is guilty of receiving	6391
stolen property. Except as otherwise provided in this division,	6392
receiving stolen property is a misdemeanor of the first degree. If	6393
the value of the property involved is ~~five hundred~~one thousand	6394
dollars or more and is less than ~~five~~seven thousand five hundred	6395
dollars, if the property involved is any of the property listed in	6396
section 2913.71 of the Revised Code, receiving stolen property is	6397
a felony of the fifth degree. If the property involved is a motor	6398
vehicle, as defined in section 4501.01 of the Revised Code, if the	6399
property involved is a dangerous drug, as defined in section	6400
4729.01 of the Revised Code, if the value of the property involved	6401
is ~~five~~seven thousand five hundred dollars or more and is less	6402
than one hundred fifty thousand dollars, or if the property	6403
involved is a firearm or dangerous ordnance, as defined in section	6404
2923.11 of the Revised Code, receiving stolen property is a felony	6405
of the fourth degree. If the value of the property involved is one	6406
hundred fifty thousand dollars or more, receiving stolen property	6407
is a felony of the third degree.	6408

Sec. 2913.61. (A) When a person is charged with a theft	6409
offense, or with a violation of division (A)(1) of section 1716.14	6410
of the Revised Code involving a victim who is an elderly person or	6411
disabled adult that involves property or services valued at ~~five~~	6412
~~hundred~~one thousand dollars or more, property or services valued	6413
at ~~five hundred~~one thousand dollars or more and less than ~~five~~	6414
seven thousand five hundred dollars, property or services valued	6415
at one thousand five hundred dollars or more and less than seven	6416
thousand five hundred dollars, property or services valued at ~~five~~	6417
seven thousand five hundred dollars or more and less than	6418
~~twenty-five~~thirty-seven thousand five hundred dollars, property	6419
or services valued at seven thousand five hundred dollars or more	6420
and less than one hundred fifty thousand dollars, property or	6421
services valued at ~~twenty-five~~thirty-seven thousand five hundred	6422
dollars or more and less than one hundred fifty thousand dollars,	6423
orproperty or services valued at thirty-seven thousand five	6424
hundred dollars or more, property or services valued at one	6425
hundred fifty thousand dollars or more, property or services	6426
valued at one hundred fifty thousand dollars or more and less than	6427
seven hundred fifty thousand dollars, property or services valued	6428
at seven hundred fifty thousand dollars or more and less than one	6429
million five hundred thousand dollars, or property or services	6430
valued at one million five hundred thousand dollars or more, the	6431
jury or court trying the accused shall determine the value of the	6432
property or services as of the time of the offense and, if a	6433
guilty verdict is returned, shall return the finding of value as	6434
part of the verdict. In any case in which the jury or court	6435
determines that the value of the property or services at the time	6436
of the offense was ~~five hundred~~one thousand dollars or more, it	6437
is unnecessary to find and return the exact value, and it is	6438
sufficient if the finding and return is to the effect that the	6439
value of the property or services involved was ~~five hundred~~one	6440
thousand dollars or more and less than ~~five~~seven thousand five	6441
hundred dollars, was one thousand dollars or more and less than	6442
seven thousand five hundred dollars, was ~~five~~seven thousand five	6443
hundred dollars or more and less than ~~twenty-five~~thirty-seven	6444
thousand five hundred dollars, was seven thousand five hundred	6445
dollars or more and less than thirty-seven thousand five hundred	6446
dollars, was seven thousand five hundred dollars or more and less	6447
than one hundred fifty thousand dollars, was ~~twenty-five~~	6448
thirty-seven thousand five hundred dollars or more and less than	6449
one hundred fifty thousand dollars, orwas thirty-seven thousand	6450
five hundred dollars or more and less than one hundred fifty	6451
thousand dollars, was one hundred fifty thousand dollars or more,	6452
was one hundred fifty thousand dollars or more and less than seven	6453
hundred fifty thousand dollars, was seven hundred fifty thousand	6454
dollars or more and less than one million five hundred thousand	6455
dollars, or was one million five hundred thousand dollars or more,	6456
whichever is relevant regarding the offense.	6457

(B) If more than one item of property or services is involved	6458
in a theft offense or in a violation of division (A)(1) of section	6459
1716.14 of the Revised Code involving a victim who is an elderly	6460
person or disabled adult, the value of the property or services	6461
involved for the purpose of determining the value as required by	6462
division (A) of this section is the aggregate value of all	6463
property or services involved in the offense.	6464

(C)(1) When a series of offenses under section 2913.02 of the	6465
Revised Code, or a series of violations of, attempts to commit a	6466
violation of, conspiracies to violate, or complicity in violations	6467
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	6468
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	6469
2913.31 or 2913.43 of the Revised Code involving a victim who is	6470
an elderly person or disabled adult, is committed by the offender	6471
in the offender's same employment, capacity, or relationship to	6472
another, all of those offenses shall be tried as a single offense.	6473
The value of the property or services involved in the series of	6474
offenses for the purpose of determining the value as required by	6475
division (A) of this section is the aggregate value of all	6476
property and services involved in all offenses in the series.	6477

(2) If an offender commits a series of offenses under section	6478
2913.02 of the Revised Code that involves a common course of	6479
conduct to defraud multiple victims, all of the offenses may be	6480
tried as a single offense. If an offender is being tried for the	6481
commission of a series of violations of, attempts to commit a	6482
violation of, conspiracies to violate, or complicity in violations	6483
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	6484
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	6485
2913.31 or 2913.43 of the Revised Code, whether committed against	6486
one victim or more than one victim, involving a victim who is an	6487
elderly person or disabled adult, pursuant to a scheme or course	6488
of conduct, all of those offenses may be tried as a single	6489
offense. If the offenses are tried as a single offense, the value	6490
of the property or services involved for the purpose of	6491
determining the value as required by division (A) of this section	6492
is the aggregate value of all property and services involved in	6493
all of the offenses in the course of conduct.	6494

(3) When a series of two or more offenses under section	6495
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	6496
the offender in the offender's same employment, capacity, or	6497
relationship to another, all of those offenses may be tried as a	6498
single offense. If the offenses are tried as a single offense, the	6499
value of the property or services involved for the purpose of	6500
determining the value as required by division (A) of this section	6501
is the aggregate value of all property and services involved in	6502
all of the offenses in the series of two or more offenses.	6503

(4) In prosecuting a single offense under division (C)(1),	6504
(2), or (3) of this section, it is not necessary to separately	6505
allege and prove each offense in the series. Rather, it is	6506
sufficient to allege and prove that the offender, within a given	6507
span of time, committed one or more theft offenses or violations	6508
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	6509
offender's same employment, capacity, or relationship to another	6510
as described in division (C)(1) or (3) of this section, or	6511
committed one or more theft offenses that involve a common course	6512
of conduct to defraud multiple victims or a scheme or course of	6513
conduct as described in division (C)(2) of this section. While it	6514
is not necessary to separately allege and prove each offense in	6515
the series in order to prosecute a single offense under division	6516
(C)(1), (2), or (3) of this section, it remains necessary in	6517
prosecuting them as a single offense to prove the aggregate value	6518
of the property or services in order to meet the requisite	6519
statutory offense level sought by the prosecution.	6520

(D) The following criteria shall be used in determining the	6521
value of property or services involved in a theft offense:	6522

(1) The value of an heirloom, memento, collector's item,	6523
antique, museum piece, manuscript, document, record, or other	6524
thing that has intrinsic worth to its owner and that either is	6525
irreplaceable or is replaceable only on the expenditure of	6526
substantial time, effort, or money, is the amount that would	6527
compensate the owner for its loss.	6528

(2) The value of personal effects and household goods, and of	6529
materials, supplies, equipment, and fixtures used in the	6530
profession, business, trade, occupation, or avocation of its	6531
owner, which property is not covered under division (D)(1) of this	6532
section and which retains substantial utility for its purpose	6533
regardless of its age or condition, is the cost of replacing the	6534
property with new property of like kind and quality.	6535

(3) The value of any real or personal property that is not	6536
covered under division (D)(1) or (2) of this section, and the	6537
value of services, is the fair market value of the property or	6538
services. As used in this section, "fair market value" is the	6539
money consideration that a buyer would give and a seller would	6540
accept for property or services, assuming that the buyer is	6541
willing to buy and the seller is willing to sell, that both are	6542
fully informed as to all facts material to the transaction, and	6543
that neither is under any compulsion to act.	6544

(E) Without limitation on the evidence that may be used to	6545
establish the value of property or services involved in a theft	6546
offense:	6547

(1) When the property involved is personal property held for	6548
sale at wholesale or retail, the price at which the property was	6549
held for sale is prima-facie evidence of its value.	6550

(2) When the property involved is a security or commodity	6551
traded on an exchange, the closing price or, if there is no	6552
closing price, the asked price, given in the latest market	6553
quotation prior to the offense is prima-facie evidence of the	6554
value of the security or commodity.	6555

(3) When the property involved is livestock, poultry, or raw	6556
agricultural products for which a local market price is available,	6557
the latest local market price prior to the offense is prima-facie	6558
evidence of the value of the livestock, poultry, or products.	6559

(4) When the property involved is a negotiable instrument,	6560
the face value is prima-facie evidence of the value of the	6561
instrument.	6562

(5) When the property involved is a warehouse receipt, bill	6563
of lading, pawn ticket, claim check, or other instrument entitling	6564
the holder or bearer to receive property, the face value or, if	6565
there is no face value, the value of the property covered by the	6566
instrument less any payment necessary to receive the property is	6567
prima-facie evidence of the value of the instrument.	6568

(6) When the property involved is a ticket of admission,	6569
ticket for transportation, coupon, token, or other instrument	6570
entitling the holder or bearer to receive property or services,	6571
the face value or, if there is no face value, the value of the	6572
property or services that may be received by the instrument is	6573
prima-facie evidence of the value of the instrument.	6574

(7) When the services involved are gas, electricity, water,	6575
telephone, transportation, shipping, or other services for which	6576
the rate is established by law, the duly established rate is	6577
prima-facie evidence of the value of the services.	6578

(8) When the services involved are services for which the	6579
rate is not established by law, and the offender has been notified	6580
prior to the offense of the rate for the services, either in	6581
writing, orally, or by posting in a manner reasonably calculated	6582
to come to the attention of potential offenders, the rate	6583
contained in the notice is prima-facie evidence of the value of	6584
the services.	6585

Sec. 2915.05. (A) No person, with purpose to defraud or	6586
knowing that the person is facilitating a fraud, shall engage in	6587
conduct designed to corrupt the outcome of any of the following:	6588

(1) The subject of a bet;

6589

(2) A contest of knowledge, skill, or endurance that is not	6590
an athletic or sporting event;	6591

(3) A scheme or game of chance;

6592

(4) Bingo.

6593

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

6594

(1) Offer, give, solicit, or accept anything of value to	6595
corrupt the outcome of an athletic or sporting event;	6596

(2) Engage in conduct designed to corrupt the outcome of an	6597
athletic or sporting event.	6598

(C)(1) Whoever violates division (A) of this section is	6599
guilty of cheating. Except as otherwise provided in this division,	6600
cheating is a misdemeanor of the first degree. If the potential	6601
gain from the cheating is ~~five hundred~~one thousand dollars or	6602
more or if the offender previously has been convicted of any	6603
gambling offense or of any theft offense, as defined in section	6604
2913.01 of the Revised Code, cheating is a felony of the fifth	6605
degree.	6606

(2) Whoever violates division (B) of this section is guilty	6607
of corrupting sports. Corrupting sports is a felony of the fifth	6608
degree on a first offense and a felony of the fourth degree on	6609
each subsequent offense.	6610

Sec. 2917.21. (A) No person shall knowingly make or cause to	6611
be made a telecommunication, or knowingly permit a	6612
telecommunication to be made from a telecommunications device	6613
under the person's control, to another, if the caller does any of	6614
the following:	6615

(1) Fails to identify the caller to the recipient of the	6616
telecommunication and makes the telecommunication with purpose to	6617
harass or abuse any person at the premises to which the	6618
telecommunication is made, whether or not actual communication	6619
takes place between the caller and a recipient;	6620

(2) Describes, suggests, requests, or proposes that the	6621
caller, the recipient of the telecommunication, or any other	6622
person engage in sexual activity, and the recipient or another	6623
person at the premises to which the telecommunication is made has	6624
requested, in a previous telecommunication or in the immediate	6625
telecommunication, that the caller not make a telecommunication to	6626
the recipient or to the premises to which the telecommunication is	6627
made;	6628

(3) During the telecommunication, violates section 2903.21 of	6629
the Revised Code;	6630

(4) Knowingly states to the recipient of the	6631
telecommunication that the caller intends to cause damage to or	6632
destroy public or private property, and the recipient, any member	6633
of the recipient's family, or any other person who resides at the	6634
premises to which the telecommunication is made owns, leases,	6635
resides, or works in, will at the time of the destruction or	6636
damaging be near or in, has the responsibility of protecting, or	6637
insures the property that will be destroyed or damaged;	6638

(5) Knowingly makes the telecommunication to the recipient of	6639
the telecommunication, to another person at the premises to which	6640
the telecommunication is made, or to those premises, and the	6641
recipient or another person at those premises previously has told	6642
the caller not to make a telecommunication to those premises or to	6643
any persons at those premises.	6644

(B) No person shall make or cause to be made a	6645
telecommunication, or permit a telecommunication to be made from a	6646
telecommunications device under the person's control, with purpose	6647
to abuse, threaten, or harass another person.	6648

(C)(1) Whoever violates this section is guilty of	6649
telecommunications harassment.	6650

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	6651
of this section is a misdemeanor of the first degree on a first	6652
offense and a felony of the fifth degree on each subsequent	6653
offense.	6654

(3) Except as otherwise provided in division (C)(3) of this	6655
section, a violation of division (A)(4) of this section is a	6656
misdemeanor of the first degree on a first offense and a felony of	6657
the fifth degree on each subsequent offense. If a violation of	6658
division (A)(4) of this section results in economic harm of ~~five~~	6659
~~hundred~~one thousand dollars or more but less than ~~five~~seven	6660
thousand five hundred dollars, telecommunications harassment is a	6661
felony of the fifth degree. If a violation of division (A)(4) of	6662
this section results in economic harm of ~~five~~seven thousand five	6663
hundred dollars or more but less than one hundred fifty thousand	6664
dollars, telecommunications harassment is a felony of the fourth	6665
degree. If a violation of division (A)(4) of this section results	6666
in economic harm of one hundred fifty thousand dollars or more,	6667
telecommunications harassment is a felony of the third degree.	6668

(D) No cause of action may be asserted in any court of this	6669
state against any provider of a telecommunications service or	6670
information service, or against any officer, employee, or agent of	6671
a telecommunication service or information service, for any	6672
injury, death, or loss to person or property that allegedly arises	6673
out of the provider's, officer's, employee's, or agent's provision	6674
of information, facilities, or assistance in accordance with the	6675
terms of a court order that is issued in relation to the	6676
investigation or prosecution of an alleged violation of this	6677
section. A provider of a telecommunications service or information	6678
service, or an officer, employee, or agent of a telecommunications	6679
service or information service, is immune from any civil or	6680
criminal liability for injury, death, or loss to person or	6681
property that allegedly arises out of the provider's, officer's,	6682
employee's, or agent's provision of information, facilities, or	6683
assistance in accordance with the terms of a court order that is	6684
issued in relation to the investigation or prosecution of an	6685
alleged violation of this section.	6686

(E) As used in this section:

6687

(1) "Economic harm" means all direct, incidental, and	6688
consequential pecuniary harm suffered by a victim as a result of	6689
criminal conduct. "Economic harm" includes, but is not limited to,	6690
all of the following:	6691

(a) All wages, salaries, or other compensation lost as a	6692
result of the criminal conduct;	6693

(b) The cost of all wages, salaries, or other compensation	6694
paid to employees for time those employees are prevented from	6695
working as a result of the criminal conduct;	6696

(c) The overhead costs incurred for the time that a business	6697
is shut down as a result of the criminal conduct;	6698

(d) The loss of value to tangible or intangible property that	6699
was damaged as a result of the criminal conduct.	6700

(2) "Caller" means the person described in division (A) of	6701
this section who makes or causes to be made a telecommunication or	6702
who permits a telecommunication to be made from a	6703
telecommunications device under that person's control.	6704

(3) "Telecommunication" and "telecommunications device" have	6705
the same meanings as in section 2913.01 of the Revised Code.	6706

(4) "Sexual activity" has the same meaning as in section	6707
2907.01 of the Revised Code.	6708

(F) Nothing in this section prohibits a person from making a	6709
telecommunication to a debtor that is in compliance with the "Fair	6710
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	6711
1692, as amended, or the "Telephone Consumer Protection Act," 105	6712
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	6713

Sec. 2917.31. (A) No person shall cause the evacuation of	6714
any public place, or otherwise cause serious public inconvenience	6715
or alarm, by doing any of the following:	6716

(1) Initiating or circulating a report or warning of an	6717
alleged or impending fire, explosion, crime, or other catastrophe,	6718
knowing that such report or warning is false;	6719

(2) Threatening to commit any offense of violence;

6720

(3) Committing any offense, with reckless disregard of the	6721
likelihood that its commission will cause serious public	6722
inconvenience or alarm.	6723

(B) Division (A)(1) of this section does not apply to any	6724
person conducting an authorized fire or emergency drill.	6725

(C)(1) Whoever violates this section is guilty of inducing	6726
panic.	6727

(2) Except as otherwise provided in division (C)(3), (4),	6728
(5), (6), (7), or (8) of this section, inducing panic is a	6729
misdemeanor of the first degree.	6730

(3) Except as otherwise provided in division (C)(4), (5),	6731
(6), (7), or (8) of this section, if a violation of this section	6732
results in physical harm to any person, inducing panic is a felony	6733
of the fourth degree.	6734

(4) Except as otherwise provided in division (C)(5), (6),	6735
(7), or (8) of this section, if a violation of this section	6736
results in economic harm, the penalty shall be determined as	6737
follows:	6738

(a) If the violation results in economic harm of ~~five hundred~~	6739
one thousand dollars or more but less than ~~five~~seven thousand	6740
five hundred dollars and if division (C)(3) of this section does	6741
not apply, inducing panic is a felony of the fifth degree.	6742

(b) If the violation results in economic harm of ~~five~~seven	6743
thousand five hundred dollars or more but less than one hundred	6744
fifty thousand dollars, inducing panic is a felony of the fourth	6745
degree.	6746

(c) If the violation results in economic harm of one hundred	6747
fifty thousand dollars or more, inducing panic is a felony of the	6748
third degree.	6749

(5) If the public place involved in a violation of division	6750
(A)(1) of this section is a school or an institution of higher	6751
education, inducing panic is a felony of the second degree.	6752

(6) If the violation pertains to a purported, threatened, or	6753
actual use of a weapon of mass destruction, and except as	6754
otherwise provided in division (C)(5), (7), or (8) of this	6755
section, inducing panic is a felony of the fourth degree.	6756

(7) If the violation pertains to a purported, threatened, or	6757
actual use of a weapon of mass destruction, and except as	6758
otherwise provided in division (C)(5) of this section, if a	6759
violation of this section results in physical harm to any person,	6760
inducing panic is a felony of the third degree.	6761

(8) If the violation pertains to a purported, threatened, or	6762
actual use of a weapon of mass destruction, and except as	6763
otherwise provided in division (C)(5) of this section, if a	6764
violation of this section results in economic harm of one hundred	6765
thousand dollars or more, inducing panic is a felony of the third	6766
degree.	6767

(D)(1) It is not a defense to a charge under this section	6768
that pertains to a purported or threatened use of a weapon of mass	6769
destruction that the offender did not possess or have the ability	6770
to use a weapon of mass destruction or that what was represented	6771
to be a weapon of mass destruction was not a weapon of mass	6772
destruction.	6773

(2) Any act that is a violation of this section and any other	6774
section of the Revised Code may be prosecuted under this section,	6775
the other section, or both sections.	6776

(E) As used in this section:

6777

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

6778

(a) All direct, incidental, and consequential pecuniary harm	6779
suffered by a victim as a result of criminal conduct. "Economic	6780
harm" as described in this division includes, but is not limited	6781
to, all of the following:	6782

(i) All wages, salaries, or other compensation lost as a	6783
result of the criminal conduct;	6784

(ii) The cost of all wages, salaries, or other compensation	6785
paid to employees for time those employees are prevented from	6786
working as a result of the criminal conduct;	6787

(iii) The overhead costs incurred for the time that a	6788
business is shut down as a result of the criminal conduct;	6789

(iv) The loss of value to tangible or intangible property	6790
that was damaged as a result of the criminal conduct.	6791

(b) All costs incurred by the state or any political	6792
subdivision as a result of, or in making any response to, the	6793
criminal conduct that constituted the violation of this section or	6794
section 2917.32 of the Revised Code, including, but not limited	6795
to, all costs so incurred by any law enforcement officers,	6796
firefighters, rescue personnel, or emergency medical services	6797
personnel of the state or the political subdivision.	6798

(2) "School" means any school operated by a board of	6799
education or any school for which the state board of education	6800
prescribes minimum standards under section 3301.07 of the Revised	6801
Code, whether or not any instruction, extracurricular activities,	6802
or training provided by the school is being conducted at the time	6803
a violation of this section is committed.	6804

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

6805

(a) Any weapon that is designed or intended to cause death or	6806
serious physical harm through the release, dissemination, or	6807
impact of toxic or poisonous chemicals, or their precursors;	6808

(b) Any weapon involving a disease organism or biological	6809
agent;	6810

(c) Any weapon that is designed to release radiation or	6811
radioactivity at a level dangerous to human life;	6812

(d) Any of the following, except to the extent that the item	6813
or device in question is expressly excepted from the definition of	6814
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	6815
regulations issued under that section:	6816

(i) Any explosive, incendiary, or poison gas bomb, grenade,	6817
rocket having a propellant charge of more than four ounces,	6818
missile having an explosive or incendiary charge of more than	6819
one-quarter ounce, mine, or similar device;	6820

(ii) Any combination of parts either designed or intended for	6821
use in converting any item or device into any item or device	6822
described in division (E)(3)(d)(i) of this section and from which	6823
an item or device described in that division may be readily	6824
assembled.	6825

(4) "Biological agent" has the same meaning as in section	6826
2917.33 of the Revised Code.	6827

(5) "Emergency medical services personnel" has the same	6828
meaning as in section 2133.21 of the Revised Code.	6829

(6) "Institution of higher education" means any of the	6830
following:	6831

(a) A state university or college as defined in division	6832
(A)(1) of section 3345.12 of the Revised Code, community college,	6833
state community college, university branch, or technical college;	6834

(b) A private, nonprofit college, university or other	6835
post-secondary institution located in this state that possesses a	6836
certificate of authorization issued by the Ohio board of regents	6837
pursuant to Chapter 1713. of the Revised Code;	6838

(c) A post-secondary institution with a certificate of	6839
registration issued by the state board of career colleges and	6840
schools under Chapter 3332. of the Revised Code.	6841

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

6842

(1) Initiate or circulate a report or warning of an alleged	6843
or impending fire, explosion, crime, or other catastrophe, knowing	6844
that the report or warning is false and likely to cause public	6845
inconvenience or alarm;	6846

(2) Knowingly cause a false alarm of fire or other emergency	6847
to be transmitted to or within any organization, public or	6848
private, for dealing with emergencies involving a risk of physical	6849
harm to persons or property;	6850

(3) Report to any law enforcement agency an alleged offense	6851
or other incident within its concern, knowing that such offense	6852
did not occur.	6853

(B) This section does not apply to any person conducting an	6854
authorized fire or emergency drill.	6855

(C)(1) Whoever violates this section is guilty of making	6856
false alarms.	6857

(2) Except as otherwise provided in division (C)(3), (4),	6858
(5), or (6) of this section, making false alarms is a misdemeanor	6859
of the first degree.	6860

(3) Except as otherwise provided in division (C)(4) of this	6861
section, if a violation of this section results in economic harm	6862
of ~~five hundred~~one thousand dollars or more but less than ~~five~~	6863
seven thousand five hundred dollars, making false alarms is a	6864
felony of the fifth degree.	6865

(4) If a violation of this section pertains to a purported,	6866
threatened, or actual use of a weapon of mass destruction, making	6867
false alarms is a felony of the third degree.	6868

(5) If a violation of this section results in economic harm	6869
of ~~five~~seven thousand five hundred dollars or more but less than	6870
one hundred fifty thousand dollars and if division (C)(4) of this	6871
section does not apply, making false alarms is a felony of the	6872
fourth degree.	6873

(6) If a violation of this section results in economic harm	6874
of one hundred fifty thousand dollars or more, making false alarms	6875
is a felony of the third degree.	6876

(D)(1) It is not a defense to a charge under this section	6877
that pertains to a purported or threatened use of a weapon of mass	6878
destruction that the offender did not possess or have the ability	6879
to use a weapon of mass destruction or that what was represented	6880
to be a weapon of mass destruction was not a weapon of mass	6881
destruction.	6882

(2) Any act that is a violation of this section and any other	6883
section of the Revised Code may be prosecuted under this section,	6884
the other section, or both sections.	6885

(E) As used in this section, "economic harm" and "weapon of	6886
mass destruction" have the same meanings as in section 2917.31 of	6887
the Revised Code.	6888

Sec. 2919.21. (A) No person shall abandon, or fail to	6889
provide adequate support to:	6890

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

6891

(2) The person's child who is under age eighteen, or mentally	6892
or physically handicapped child who is under age twenty-one;	6893

(3) The person's aged or infirm parent or adoptive parent,	6894
who from lack of ability and means is unable to provide adequately	6895
for the parent's own support.	6896

(B) No person shall abandon, or fail to provide support as	6897
established by a court order to, another person whom, by court	6898
order or decree, the person is legally obligated to support.	6899

(C) No person shall aid, abet, induce, cause, encourage, or	6900
contribute to a child or a ward of the juvenile court becoming a	6901
dependent child, as defined in section 2151.04 of the Revised	6902
Code, or a neglected child, as defined in section 2151.03 of the	6903
Revised Code.	6904

(D) It is an affirmative defense to a charge of failure to	6905
provide adequate support under division (A) of this section or a	6906
charge of failure to provide support established by a court order	6907
under division (B) of this section that the accused was unable to	6908
provide adequate support or the established support but did	6909
provide the support that was within the accused's ability and	6910
means.	6911

(E) It is an affirmative defense to a charge under division	6912
(A)(3) of this section that the parent abandoned the accused or	6913
failed to support the accused as required by law, while the	6914
accused was under age eighteen, or was mentally or physically	6915
handicapped and under age twenty-one.	6916

(F) It is not a defense to a charge under division (B) of	6917
this section that the person whom a court has ordered the accused	6918
to support is being adequately supported by someone other than the	6919
accused.	6920

(G)(1) Except as otherwise provided in this division, whoever	6921
violates division (A) or (B) of this section is guilty of	6922
nonsupport of dependents, a misdemeanor of the first degree. If	6923
the offender previously has been convicted of or pleaded guilty to	6924
a violation of division (A)(2) or (B) of this section or if the	6925
offender has failed to provide support under division (A)(2) or	6926
(B) of this section for a total accumulated period of twenty-six	6927
weeks out of one hundred four consecutive weeks, whether or not	6928
the twenty-six weeks were consecutive, then a violation of	6929
division (A)(2) or (B) of this section is a felony of the fifth	6930
degree. If the offender previously has been convicted of or	6931
pleaded guilty to a felony violation of this section, a violation	6932
of division (A)(2) or (B) of this section is a felony of the	6933
fourth degree. If	6934

If the violation of division (A) or (B) of this section is a	6935
felony, all of the following apply to the sentencing of the	6936
offender:	6937

(a) Except as otherwise provided in division (G)(1)(b) of	6938
this section, the court in imposing sentence on the offender shall	6939
first consider placing the offender on one or more community	6940
control sanctions under section 2929.16, 2929.17, or 2929.18 of	6941
the Revised Code, with an emphasis under the sanctions on	6942
intervention for nonsupport, obtaining or maintaining employment,	6943
or another related condition.	6944

(b) The preference for placement on community control	6945
sanctions described in division (G)(1)(a) of this section does not	6946
apply to any offender to whom one or more of the following	6947
applies:	6948

(i) The court determines that the imposition of a prison term	6949
on the offender is consistent with the purposes and principles of	6950
sentencing set forth in section 2929.11 of the Revised Code.	6951

(ii) The offender previously was convicted of or pleaded	6952
guilty to a violation of this section that was a felony, the	6953
conviction or guilty plea occurred on or after the effective date	6954
of this amendment, and the offender was sentenced to a prison term	6955
for that violation.	6956

(iii) The offender previously was convicted of or pleaded	6957
guilty to a violation of this section that was a felony, the	6958
conviction or guilty plea occurred on or after the effective date	6959
of this amendment, the offender was sentenced to one or more	6960
community control sanctions of a type described in division	6961
(G)(1)(a) of this section for that violation, and the offender	6962
failed to comply with the conditions of any of those community	6963
control sanctions.	6964

(2) If the offender is guilty of nonsupport of dependents by	6965
reason of failing to provide support to the offender's child as	6966
required by a child support order issued on or after April 15,	6967
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	6968
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	6969
Revised Code, the court, in addition to any other sentence	6970
imposed, shall assess all court costs arising out of the charge	6971
against the person and require the person to pay any reasonable	6972
attorney's fees of any adverse party other than the state, as	6973
determined by the court, that arose in relation to the charge.	6974

~~(2)~~(3) Whoever violates division (C) of this section is	6975
guilty of contributing to the nonsupport of dependents, a	6976
misdemeanor of the first degree. Each day of violation of division	6977
(C) of this section is a separate offense.	6978

Sec. 2921.13. (A) No person shall knowingly make a false	6979
statement, or knowingly swear or affirm the truth of a false	6980
statement previously made, when any of the following applies:	6981

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

6982

(2) The statement is made with purpose to incriminate	6983
another.	6984

(3) The statement is made with purpose to mislead a public	6985
official in performing the public official's official function.	6986

(4) The statement is made with purpose to secure the payment	6987
of unemployment compensation; Ohio works first; prevention,	6988
retention, and contingency benefits and services; disability	6989
financial assistance; retirement benefits; economic development	6990
assistance, as defined in section 9.66 of the Revised Code; or	6991
other benefits administered by a governmental agency or paid out	6992
of a public treasury.	6993

(5) The statement is made with purpose to secure the issuance	6994
by a governmental agency of a license, permit, authorization,	6995
certificate, registration, release, or provider agreement.	6996

(6) The statement is sworn or affirmed before a notary public	6997
or another person empowered to administer oaths.	6998

(7) The statement is in writing on or in connection with a	6999
report or return that is required or authorized by law.	7000

(8) The statement is in writing and is made with purpose to	7001
induce another to extend credit to or employ the offender, to	7002
confer any degree, diploma, certificate of attainment, award of	7003
excellence, or honor on the offender, or to extend to or bestow	7004
upon the offender any other valuable benefit or distinction, when	7005
the person to whom the statement is directed relies upon it to	7006
that person's detriment.	7007

(9) The statement is made with purpose to commit or	7008
facilitate the commission of a theft offense.	7009

(10) The statement is knowingly made to a probate court in	7010
connection with any action, proceeding, or other matter within its	7011
jurisdiction, either orally or in a written document, including,	7012
but not limited to, an application, petition, complaint, or other	7013
pleading, or an inventory, account, or report.	7014

(11) The statement is made on an account, form, record,	7015
stamp, label, or other writing that is required by law.	7016

(12) The statement is made in connection with the purchase of	7017
a firearm, as defined in section 2923.11 of the Revised Code, and	7018
in conjunction with the furnishing to the seller of the firearm of	7019
a fictitious or altered driver's or commercial driver's license or	7020
permit, a fictitious or altered identification card, or any other	7021
document that contains false information about the purchaser's	7022
identity.	7023

(13) The statement is made in a document or instrument of	7024
writing that purports to be a judgment, lien, or claim of	7025
indebtedness and is filed or recorded with the secretary of state,	7026
a county recorder, or the clerk of a court of record.	7027

(14) The statement is made in an application filed with a	7028
county sheriff pursuant to section 2923.125 of the Revised Code in	7029
order to obtain or renew a license to carry a concealed handgun or	7030
is made in an affidavit submitted to a county sheriff to obtain a	7031
temporary emergency license to carry a concealed handgun under	7032
section 2923.1213 of the Revised Code.	7033

(15) The statement is required under section 5743.71 of the	7034
Revised Code in connection with the person's purchase of	7035
cigarettes or tobacco products in a delivery sale.	7036

(B) No person, in connection with the purchase of a firearm,	7037
as defined in section 2923.11 of the Revised Code, shall knowingly	7038
furnish to the seller of the firearm a fictitious or altered	7039
driver's or commercial driver's license or permit, a fictitious or	7040
altered identification card, or any other document that contains	7041
false information about the purchaser's identity.	7042

(C) No person, in an attempt to obtain a license to carry a	7043
concealed handgun under section 2923.125 of the Revised Code,	7044
shall knowingly present to a sheriff a fictitious or altered	7045
document that purports to be certification of the person's	7046
competence in handling a handgun as described in division (B)(3)	7047
of section 2923.125 of the Revised Code.	7048

(D) It is no defense to a charge under division (A)(6) of	7049
this section that the oath or affirmation was administered or	7050
taken in an irregular manner.	7051

(E) If contradictory statements relating to the same fact are	7052
made by the offender within the period of the statute of	7053
limitations for falsification, it is not necessary for the	7054
prosecution to prove which statement was false but only that one	7055
or the other was false.	7056

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	7057
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	7058
of falsification, a misdemeanor of the first degree.	7059

(2) Whoever violates division (A)(9) of this section is	7060
guilty of falsification in a theft offense. Except as otherwise	7061
provided in this division, falsification in a theft offense is a	7062
misdemeanor of the first degree. If the value of the property or	7063
services stolen is ~~five hundred~~one thousand dollars or more and	7064
is less than ~~five~~seven thousand five hundred dollars,	7065
falsification in a theft offense is a felony of the fifth degree.	7066
If the value of the property or services stolen is ~~five~~seven	7067
thousand five hundred dollars or more and is less than one hundred	7068
fifty thousand dollars, falsification in a theft offense is a	7069
felony of the fourth degree. If the value of the property or	7070
services stolen is one hundred fifty thousand dollars or more,	7071
falsification in a theft offense is a felony of the third degree.	7072

(3) Whoever violates division (A)(12) or (B) of this section	7073
is guilty of falsification to purchase a firearm, a felony of the	7074
fifth degree.	7075

(4) Whoever violates division (A)(14) or (C) of this section	7076
is guilty of falsification to obtain a concealed handgun license,	7077
a felony of the fourth degree.	7078

(G) A person who violates this section is liable in a civil	7079
action to any person harmed by the violation for injury, death, or	7080
loss to person or property incurred as a result of the commission	7081
of the offense and for reasonable attorney's fees, court costs,	7082
and other expenses incurred as a result of prosecuting the civil	7083
action commenced under this division. A civil action under this	7084
division is not the exclusive remedy of a person who incurs	7085
injury, death, or loss to person or property as a result of a	7086
violation of this section.	7087

Sec. 2921.34. (A)(1) No person, knowing the person is under	7088
detention, other than supervised release detention, or being	7089
reckless in that regard, shall purposely break or attempt to break	7090
the detention, or purposely fail to return to detention, either	7091
following temporary leave granted for a specific purpose or	7092
limited period, or at the time required when serving a sentence in	7093
intermittent confinement.	7094

(2)(a) Division (A)(2)(b) of this section applies to any	7095
person who is sentenced to a prison term pursuant to division	7096
(A)(3) or (B) of section 2971.03 of the Revised Code.	7097

(b) No person to whom this division applies, for whom the	7098
requirement that the entire prison term imposed upon the person	7099
pursuant to division (A)(3) or (B) of section 2971.03 of the	7100
Revised Code be served in a state correctional institution has	7101
been modified pursuant to section 2971.05 of the Revised Code, and	7102
who, pursuant to that modification, is restricted to a geographic	7103
area, knowing that the person is under a geographic restriction or	7104
being reckless in that regard, shall purposely leave the	7105
geographic area to which the restriction applies or purposely fail	7106
to return to that geographic area following a temporary leave	7107
granted for a specific purpose or for a limited period of time.	7108

(3) No person, knowing the person is under supervised release	7109
detention or being reckless in that regard, shall purposely break	7110
or attempt to break the supervised release detention or purposely	7111
fail to return to the supervised release detention, either	7112
following temporary leave granted for a specific purpose or	7113
limited period, or at the time required when serving a sentence in	7114
intermittent confinement.	7115

(B) Irregularity in bringing about or maintaining detention,	7116
or lack of jurisdiction of the committing or detaining authority,	7117
is not a defense to a charge under this section if the detention	7118
is pursuant to judicial order or in a detention facility. In the	7119
case of any other detention, irregularity or lack of jurisdiction	7120
is an affirmative defense only if either of the following occurs:	7121

(1) The escape involved no substantial risk of harm to the	7122
person or property of another.	7123

(2) The detaining authority knew or should have known there	7124
was no legal basis or authority for the detention.	7125

7126

(1) If the offender violates division (A)(1) or (2) of this	7127
section, if the offender, at the time of the commission of the	7128
offense, was under detention as an alleged or adjudicated	7129
delinquent child or unruly child, and if the act for which the	7130
offender was under detention would not be a felony if committed by	7131
an adult, escape is a misdemeanor of the first degree.	7132

(2) If the offender violates division (A)(1) or (2) of this	7133
section and if either the offender, at the time of the commission	7134
of the offense, was under detention in any other manner or if the	7135
offender is a person for whom the requirement that the entire	7136
prison term imposed upon the person pursuant to division (A)(3) or	7137
(B) of section 2971.03 of the Revised Code be served in a state	7138
correctional institution has been modified pursuant to section	7139
2971.05 of the Revised Code, escape is one of the following:	7140

(a) A felony of the second degree, when the most serious	7141
offense for which the person was under detention or for which the	7142
person had been sentenced to the prison term under division	7143
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	7144
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	7145
is aggravated murder, murder, or a felony of the first or second	7146
degree or, if the person was under detention as an alleged or	7147
adjudicated delinquent child, when the most serious act for which	7148
the person was under detention would be aggravated murder, murder,	7149
or a felony of the first or second degree if committed by an	7150
adult;	7151

(b) A felony of the third degree, when the most serious	7152
offense for which the person was under detention or for which the	7153
person had been sentenced to the prison term under division	7154
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	7155
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	7156
is a felony of the third, fourth, or fifth degree or an	7157
unclassified felony or, if the person was under detention as an	7158
alleged or adjudicated delinquent child, when the most serious act	7159
for which the person was under detention would be a felony of the	7160
third, fourth, or fifth degree or an unclassified felony if	7161
committed by an adult;	7162

(c) A felony of the fifth degree, when any of the following	7163
applies:	7164

(i) The most serious offense for which the person was under	7165
detention is a misdemeanor.	7166

(ii) The person was found not guilty by reason of insanity,	7167
and the person's detention consisted of hospitalization,	7168
institutionalization, or confinement in a facility under an order	7169
made pursuant to or under authority of section 2945.40, 2945.401,	7170
or 2945.402 of the Revised Code.	7171

(d) A misdemeanor of the first degree, when the most serious	7172
offense for which the person was under detention is a misdemeanor	7173
and when the person fails to return to detention at a specified	7174
time following temporary leave granted for a specific purpose or	7175
limited period or at the time required when serving a sentence in	7176
intermittent confinement.	7177

(3) If the offender violates division (A)(3) of this section,	7178
except as otherwise provided in this division, escape is a felony	7179
of the fifth degree. If the offender violates division (A)(3) of	7180
this section and if, at the time of the commission of the offense,	7181
the most serious offense for which the offender was under	7182
supervised release detention was aggravated murder, murder, any	7183
other offense for which a sentence of life imprisonment was	7184
imposed, or a felony of the first or second degree, escape is a	7185
felony of the fourth degree.	7186

(D) As used in this section, "supervised release detention"	7187
means detention that is supervision of a person by an employee of	7188
the department of rehabilitation and correction while the person	7189
is on any type of release from a state correctional institution,	7190
other than transitional control under section 2967.26 of the	7191
Revised Code or placement in a community-based correctional	7192
facility by the parole board under section 2967.28 of the Revised	7193
Code.	7194

Sec. 2921.41. (A) No public official or party official shall	7195
commit any theft offense, as defined in division (K) of section	7196
2913.01 of the Revised Code, when either of the following applies:	7197

(1) The offender uses the offender's office in aid of	7198
committing the offense or permits or assents to its use in aid of	7199
committing the offense;	7200

(2) The property or service involved is owned by this state,	7201
any other state, the United States, a county, a municipal	7202
corporation, a township, or any political subdivision, department,	7203
or agency of any of them, is owned by a political party, or is	7204
part of a political campaign fund.	7205

(B) Whoever violates this section is guilty of theft in	7206
office. Except as otherwise provided in this division, theft in	7207
office is a felony of the fifth degree. If the value of property	7208
or services stolen is ~~five hundred~~one thousand dollars or more	7209
and is less than ~~five~~seven thousand five hundred dollars, theft	7210
in office is a felony of the fourth degree. If the value of	7211
property or services stolen is ~~five~~seven thousand five hundred	7212
dollars or more, theft in office is a felony of the third degree.	7213

(C)(1) A public official or party official who pleads guilty	7214
to theft in office and whose plea is accepted by the court or a	7215
public official or party official against whom a verdict or	7216
finding of guilt for committing theft in office is returned is	7217
forever disqualified from holding any public office, employment,	7218
or position of trust in this state.	7219

(2)(a) A court that imposes sentence for a violation of this	7220
section based on conduct described in division (A)(2) of this	7221
section shall require the public official or party official who is	7222
convicted of or pleads guilty to the offense to make restitution	7223
for all of the property or the service that is the subject of the	7224
offense, in addition to the term of imprisonment and any fine	7225
imposed. A court that imposes sentence for a violation of this	7226
section based on conduct described in division (A)(1) of this	7227
section and that determines at trial that this state or a	7228
political subdivision of this state if the offender is a public	7229
official, or a political party in the United States or this state	7230
if the offender is a party official, suffered actual loss as a	7231
result of the offense shall require the offender to make	7232
restitution to the state, political subdivision, or political	7233
party for all of the actual loss experienced, in addition to the	7234
term of imprisonment and any fine imposed.	7235

(b)(i) In any case in which a sentencing court is required to	7236
order restitution under division (C)(2)(a) of this section and in	7237
which the offender, at the time of the commission of the offense	7238
or at any other time, was a member of the public employees	7239
retirement system, the Ohio police and fire pension fund, the	7240
state teachers retirement system, the school employees retirement	7241
system, or the state highway patrol retirement system; was an	7242
electing employee, as defined in section 3305.01 of the Revised	7243
Code, participating in an alternative retirement plan provided	7244
pursuant to Chapter 3305. of the Revised Code; was a participating	7245
employee or continuing member, as defined in section 148.01 of the	7246
Revised Code, in a deferred compensation program offered by the	7247
Ohio public employees deferred compensation board; was an officer	7248
or employee of a municipal corporation who was a participant in a	7249
deferred compensation program offered by that municipal	7250
corporation; was an officer or employee of a government unit, as	7251
defined in section 148.06 of the Revised Code, who was a	7252
participant in a deferred compensation program offered by that	7253
government unit, or was a participating employee, continuing	7254
member, or participant in any deferred compensation program	7255
described in this division and a member of a retirement system	7256
specified in this division or a retirement system of a municipal	7257
corporation, the entity to which restitution is to be made may	7258
file a motion with the sentencing court specifying any retirement	7259
system, any provider as defined in section 3305.01 of the Revised	7260
Code, and any deferred compensation program of which the offender	7261
was a member, electing employee, participating employee,	7262
continuing member, or participant and requesting the court to	7263
issue an order requiring the specified retirement system, the	7264
specified provider under the alternative retirement plan, or the	7265
specified deferred compensation program, or, if more than one is	7266
specified in the motion, the applicable combination of these, to	7267
withhold the amount required as restitution from any payment that	7268
is to be made under a pension, annuity, or allowance, under an	7269
option in the alternative retirement plan, under a participant	7270
account, as defined in section 148.01 of the Revised Code, or	7271
under any other type of benefit, other than a survivorship	7272
benefit, that has been or is in the future granted to the	7273
offender, from any payment of accumulated employee contributions	7274
standing to the offender's credit with that retirement system,	7275
that provider of the option under the alternative retirement plan,	7276
or that deferred compensation program, or, if more than one is	7277
specified in the motion, the applicable combination of these, and	7278
from any payment of any other amounts to be paid to the offender	7279
upon the offender's withdrawal of the offender's contributions	7280
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	7281
the Revised Code. A motion described in this division may be filed	7282
at any time subsequent to the conviction of the offender or entry	7283
of a guilty plea. Upon the filing of the motion, the clerk of the	7284
court in which the motion is filed shall notify the offender, the	7285
specified retirement system, the specified provider under the	7286
alternative retirement plan, or the specified deferred	7287
compensation program, or, if more than one is specified in the	7288
motion, the applicable combination of these, in writing, of all of	7289
the following: that the motion was filed; that the offender will	7290
be granted a hearing on the issuance of the requested order if the	7291
offender files a written request for a hearing with the clerk	7292
prior to the expiration of thirty days after the offender receives	7293
the notice; that, if a hearing is requested, the court will	7294
schedule a hearing as soon as possible and notify the offender,	7295
any specified retirement system, any specified provider under an	7296
alternative retirement plan, and any specified deferred	7297
compensation program of the date, time, and place of the hearing;	7298
that, if a hearing is conducted, it will be limited only to a	7299
consideration of whether the offender can show good cause why the	7300
requested order should not be issued; that, if a hearing is	7301
conducted, the court will not issue the requested order if the	7302
court determines, based on evidence presented at the hearing by	7303
the offender, that there is good cause for the requested order not	7304
to be issued; that the court will issue the requested order if a	7305
hearing is not requested or if a hearing is conducted but the	7306
court does not determine, based on evidence presented at the	7307
hearing by the offender, that there is good cause for the	7308
requested order not to be issued; and that, if the requested order	7309
is issued, any retirement system, any provider under an	7310
alternative retirement plan, and any deferred compensation program	7311
specified in the motion will be required to withhold the amount	7312
required as restitution from payments to the offender.	7313

(ii) In any case in which a sentencing court is required to	7314
order restitution under division (C)(2)(a) of this section and in	7315
which a motion requesting the issuance of a withholding order as	7316
described in division (C)(2)(b)(i) of this section is filed, the	7317
offender may receive a hearing on the motion by delivering a	7318
written request for a hearing to the court prior to the expiration	7319
of thirty days after the offender's receipt of the notice provided	7320
pursuant to division (C)(2)(b)(i) of this section. If a request	7321
for a hearing is made by the offender within the prescribed time,	7322
the court shall schedule a hearing as soon as possible after the	7323
request is made and shall notify the offender, the specified	7324
retirement system, the specified provider under the alternative	7325
retirement plan, or the specified deferred compensation program,	7326
or, if more than one is specified in the motion, the applicable	7327
combination of these, of the date, time, and place of the hearing.	7328
A hearing scheduled under this division shall be limited to a	7329
consideration of whether there is good cause, based on evidence	7330
presented by the offender, for the requested order not to be	7331
issued. If the court determines, based on evidence presented by	7332
the offender, that there is good cause for the order not to be	7333
issued, the court shall deny the motion and shall not issue the	7334
requested order. If the offender does not request a hearing within	7335
the prescribed time or if the court conducts a hearing but does	7336
not determine, based on evidence presented by the offender, that	7337
there is good cause for the order not to be issued, the court	7338
shall order the specified retirement system, the specified	7339
provider under the alternative retirement plan, or the specified	7340
deferred compensation program, or, if more than one is specified	7341
in the motion, the applicable combination of these, to withhold	7342
the amount required as restitution under division (C)(2)(a) of	7343
this section from any payments to be made under a pension,	7344
annuity, or allowance, under a participant account, as defined in	7345
section 148.01 of the Revised Code, under an option in the	7346
alternative retirement plan, or under any other type of benefit,	7347
other than a survivorship benefit, that has been or is in the	7348
future granted to the offender, from any payment of accumulated	7349
employee contributions standing to the offender's credit with that	7350
retirement system, that provider under the alternative retirement	7351
plan, or that deferred compensation program, or, if more than one	7352
is specified in the motion, the applicable combination of these,	7353
and from any payment of any other amounts to be paid to the	7354
offender upon the offender's withdrawal of the offender's	7355
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	7356
or 5505. of the Revised Code, and to continue the withholding for	7357
that purpose, in accordance with the order, out of each payment to	7358
be made on or after the date of issuance of the order, until	7359
further order of the court. Upon receipt of an order issued under	7360
this division, the public employees retirement system, the Ohio	7361
police and fire pension fund, the state teachers retirement	7362
system, the school employees retirement system, the state highway	7363
patrol retirement system, a municipal corporation retirement	7364
system, the provider under the alternative retirement plan, and	7365
the deferred compensation program offered by the Ohio public	7366
employees deferred compensation board, a municipal corporation, or	7367
a government unit, as defined in section 148.06 of the Revised	7368
Code, whichever are applicable, shall withhold the amount required	7369
as restitution, in accordance with the order, from any such	7370
payments and immediately shall forward the amount withheld to the	7371
clerk of the court in which the order was issued for payment to	7372
the entity to which restitution is to be made.	7373

(iii) Service of a notice required by division (C)(2)(b)(i)	7374
or (ii) of this section shall be effected in the same manner as	7375
provided in the Rules of Civil Procedure for the service of	7376
process.	7377

(D) Upon the filing of charges against a person under this	7378
section, the prosecutor, as defined in section 2935.01 of the	7379
Revised Code, who is assigned the case shall send written notice	7380
that charges have been filed against that person to the public	7381
employees retirement system, the Ohio police and fire pension	7382
fund, the state teachers retirement system, the school employees	7383
retirement system, the state highway patrol retirement system, the	7384
provider under an alternative retirement plan, any municipal	7385
corporation retirement system in this state, and the deferred	7386
compensation program offered by the Ohio public employees deferred	7387
compensation board, a municipal corporation, or a government unit,	7388
as defined in section 148.06 of the Revised Code. The written	7389
notice shall specifically identify the person charged.	7390

Sec. 2923.01. (A) No person, with purpose to commit or to	7391
promote or facilitate the commission of aggravated murder, murder,	7392
kidnapping, abduction, compelling prostitution, promoting	7393
prostitution, trafficking in persons, aggravated arson, arson,	7394
aggravated robbery, robbery, aggravated burglary, burglary,	7395
trespassing in a habitation when a person is present or likely to	7396
be present, engaging in a pattern of corrupt activity, corrupting	7397
another with drugs, a felony drug trafficking, manufacturing,	7398
processing, or possession offense, theft of drugs, or illegal	7399
processing of drug documents, the commission of a felony offense	7400
of unauthorized use of a vehicle, illegally transmitting multiple	7401
commercial electronic mail messages or unauthorized access of a	7402
computer in violation of section 2923.421 of the Revised Code, or	7403
the commission of a violation of any provision of Chapter 3734. of	7404
the Revised Code, other than section 3734.18 of the Revised Code,	7405
that relates to hazardous wastes, shall do either of the	7406
following:	7407

(1) With another person or persons, plan or aid in planning	7408
the commission of any of the specified offenses;	7409

(2) Agree with another person or persons that one or more of	7410
them will engage in conduct that facilitates the commission of any	7411
of the specified offenses.	7412

(B) No person shall be convicted of conspiracy unless a	7413
substantial overt act in furtherance of the conspiracy is alleged	7414
and proved to have been done by the accused or a person with whom	7415
the accused conspired, subsequent to the accused's entrance into	7416
the conspiracy. For purposes of this section, an overt act is	7417
substantial when it is of a character that manifests a purpose on	7418
the part of the actor that the object of the conspiracy should be	7419
completed.	7420

(C) When the offender knows or has reasonable cause to	7421
believe that a person with whom the offender conspires also has	7422
conspired or is conspiring with another to commit the same	7423
offense, the offender is guilty of conspiring with that other	7424
person, even though the other person's identity may be unknown to	7425
the offender.	7426

(D) It is no defense to a charge under this section that, in	7427
retrospect, commission of the offense that was the object of the	7428
conspiracy was impossible under the circumstances.	7429

(E) A conspiracy terminates when the offense or offenses that	7430
are its objects are committed or when it is abandoned by all	7431
conspirators. In the absence of abandonment, it is no defense to a	7432
charge under this section that no offense that was the object of	7433
the conspiracy was committed.	7434

(F) A person who conspires to commit more than one offense is	7435
guilty of only one conspiracy, when the offenses are the object of	7436
the same agreement or continuous conspiratorial relationship.	7437

(G) When a person is convicted of committing or attempting to	7438
commit a specific offense or of complicity in the commission of or	7439
attempt to commit the specific offense, the person shall not be	7440
convicted of conspiracy involving the same offense.	7441

(H)(1) No person shall be convicted of conspiracy upon the	7442
testimony of a person with whom the defendant conspired,	7443
unsupported by other evidence.	7444

(2) If a person with whom the defendant allegedly has	7445
conspired testifies against the defendant in a case in which the	7446
defendant is charged with conspiracy and if the testimony is	7447
supported by other evidence, the court, when it charges the jury,	7448
shall state substantially the following:	7449

"The testimony of an accomplice that is supported by other	7450
evidence does not become inadmissible because of the accomplice's	7451
complicity, moral turpitude, or self-interest, but the admitted or	7452
claimed complicity of a witness may affect the witness'	7453
credibility and make the witness' testimony subject to grave	7454
suspicion, and require that it be weighed with great caution.	7455

It is for you, as jurors, in the light of all the facts	7456
presented to you from the witness stand, to evaluate such	7457
testimony and to determine its quality and worth or its lack of	7458
quality and worth."	7459

(3) "Conspiracy," as used in division (H)(1) of this section,	7460
does not include any conspiracy that results in an attempt to	7461
commit an offense or in the commission of an offense.	7462

(I) The following are affirmative defenses to a charge of	7463
conspiracy:	7464

(1) After conspiring to commit an offense, the actor thwarted	7465
the success of the conspiracy under circumstances manifesting a	7466
complete and voluntary renunciation of the actor's criminal	7467
purpose.	7468

(2) After conspiring to commit an offense, the actor	7469
abandoned the conspiracy prior to the commission of or attempt to	7470
commit any offense that was the object of the conspiracy, either	7471
by advising all other conspirators of the actor's abandonment, or	7472
by informing any law enforcement authority of the existence of the	7473
conspiracy and of the actor's participation in the conspiracy.	7474

(J) Whoever violates this section is guilty of conspiracy,	7475
which is one of the following:	7476

(1) A felony of the first degree, when one of the objects of	7477
the conspiracy is aggravated murder, murder, or an offense for	7478
which the maximum penalty is imprisonment for life;	7479

(2) A felony of the next lesser degree than the most serious	7480
offense that is the object of the conspiracy, when the most	7481
serious offense that is the object of the conspiracy is a felony	7482
of the first, second, third, or fourth degree;	7483

(3) A felony punishable by a fine of not more than	7484
twenty-five thousand dollars or imprisonment for not more than	7485
eighteen months, or both, when the offense that is the object of	7486
the conspiracy is a violation of any provision of Chapter 3734. of	7487
the Revised Code, other than section 3734.18 of the Revised Code,	7488
that relates to hazardous wastes;	7489

(4) A misdemeanor of the first degree, when the most serious	7490
offense that is the object of the conspiracy is a felony of the	7491
fifth degree.	7492

(K) This section does not define a separate conspiracy	7493
offense or penalty where conspiracy is defined as an offense by	7494
one or more sections of the Revised Code, other than this section.	7495
In such a case, however:	7496

(1) With respect to the offense specified as the object of	7497
the conspiracy in the other section or sections, division (A) of	7498
this section defines the voluntary act or acts and culpable mental	7499
state necessary to constitute the conspiracy;	7500

(2) Divisions (B) to (I) of this section are incorporated by	7501
reference in the conspiracy offense defined by the other section	7502
or sections of the Revised Code.	7503

(L)(1) In addition to the penalties that otherwise are	7504
imposed for conspiracy, a person who is found guilty of conspiracy	7505
to engage in a pattern of corrupt activity is subject to divisions	7506
(B)(2) and (3) of section 2923.32, division (A) of section	7507
2981.04, and division (D) of section 2981.06 of the Revised Code.	7508

(2) If a person is convicted of or pleads guilty to	7509
conspiracy and if the most serious offense that is the object of	7510
the conspiracy is a felony drug trafficking, manufacturing,	7511
processing, or possession offense, in addition to the penalties or	7512
sanctions that may be imposed for the conspiracy under division	7513
(J)(2) or (4) of this section and Chapter 2929. of the Revised	7514
Code, both of the following apply:	7515

(a) The provisions of divisions (D), (F), and (G) of section	7516
2925.03, division (D) of section 2925.04, division (D) of section	7517
2925.05, division (D) of section 2925.06, and division (E) of	7518
section 2925.11 of the Revised Code that pertain to mandatory and	7519
additional fines, driver's or commercial driver's license or	7520
permit suspensions, and professionally licensed persons and that	7521
would apply under the appropriate provisions of those divisions to	7522
a person who is convicted of or pleads guilty to the felony drug	7523
trafficking, manufacturing, processing, or possession offense that	7524
is the most serious offense that is the basis of the conspiracy	7525
shall apply to the person who is convicted of or pleads guilty to	7526
the conspiracy as if the person had been convicted of or pleaded	7527
guilty to the felony drug trafficking, manufacturing, processing,	7528
or possession offense that is the most serious offense that is the	7529
basis of the conspiracy.	7530

(b) The court that imposes sentence upon the person who is	7531
convicted of or pleads guilty to the conspiracy shall comply with	7532
the provisions identified as being applicable under division	7533
(L)(2) of this section, in addition to any other penalty or	7534
sanction that it imposes for the conspiracy under division (J)(2)	7535
or (4) of this section and Chapter 2929. of the Revised Code.	7536

(M) As used in this section:

7537

(1) "Felony drug trafficking, manufacturing, processing, or	7538
possession offense" means any of the following that is a felony:	7539

(a) A violation of section 2925.03, 2925.04, 2925.05, or	7540
2925.06 of the Revised Code;	7541

(b) A violation of section 2925.11 of the Revised Code that	7542
is not a minor drug possession offense.	7543

(2) "Minor drug possession offense" has the same meaning as	7544
in section 2925.01 of the Revised Code.	7545

Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the	7546
Revised Code:	7547

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

7548

(1) The interest of a person as a beneficiary under a trust	7549
in which the trustee holds title to personal or real property;	7550

(2) The interest of a person as a beneficiary under any other	7551
trust arrangement under which any other person holds title to	7552
personal or real property for the benefit of such person;	7553

(3) The interest of a person under any other form of express	7554
fiduciary arrangement under which any other person holds title to	7555
personal or real property for the benefit of such person.	7556

"Beneficial interest" does not include the interest of a	7557
stockholder in a corporation or the interest of a partner in	7558
either a general or limited partnership.	7559

(B) "Costs of investigation and prosecution" and "costs of	7560
investigation and litigation" mean all of the costs incurred by	7561
the state or a county or municipal corporation under sections	7562
2923.31 to 2923.36 of the Revised Code in the prosecution and	7563
investigation of any criminal action or in the litigation and	7564
investigation of any civil action, and includes, but is not	7565
limited to, the costs of resources and personnel.	7566

(C) "Enterprise" includes any individual, sole	7567
proprietorship, partnership, limited partnership, corporation,	7568
trust, union, government agency, or other legal entity, or any	7569
organization, association, or group of persons associated in fact	7570
although not a legal entity. "Enterprise" includes illicit as well	7571
as licit enterprises.	7572

(D) "Innocent person" includes any bona fide purchaser of	7573
property that is allegedly involved in a violation of section	7574
2923.32 of the Revised Code, including any person who establishes	7575
a valid claim to or interest in the property in accordance with	7576
division (E) of section 2981.04 of the Revised Code, and any	7577
victim of an alleged violation of that section or of any	7578
underlying offense involved in an alleged violation of that	7579
section.	7580

(E) "Pattern of corrupt activity" means two or more incidents	7581
of corrupt activity, whether or not there has been a prior	7582
conviction, that are related to the affairs of the same	7583
enterprise, are not isolated, and are not so closely related to	7584
each other and connected in time and place that they constitute a	7585
single event.	7586

At least one of the incidents forming the pattern shall occur	7587
on or after January 1, 1986. Unless any incident was an aggravated	7588
murder or murder, the last of the incidents forming the pattern	7589
shall occur within six years after the commission of any prior	7590
incident forming the pattern, excluding any period of imprisonment	7591
served by any person engaging in the corrupt activity.	7592

For the purposes of the criminal penalties that may be	7593
imposed pursuant to section 2923.32 of the Revised Code, at least	7594
one of the incidents forming the pattern shall constitute a felony	7595
under the laws of this state in existence at the time it was	7596
committed or, if committed in violation of the laws of the United	7597
States or of any other state, shall constitute a felony under the	7598
law of the United States or the other state and would be a	7599
criminal offense under the law of this state if committed in this	7600
state.	7601

(F) "Pecuniary value" means money, a negotiable instrument, a	7602
commercial interest, or anything of value, as defined in section	7603
1.03 of the Revised Code, or any other property or service that	7604
has a value in excess of one hundred dollars.	7605

(G) "Person" means any person, as defined in section 1.59 of	7606
the Revised Code, and any governmental officer, employee, or	7607
entity.	7608

(H) "Personal property" means any personal property, any	7609
interest in personal property, or any right, including, but not	7610
limited to, bank accounts, debts, corporate stocks, patents, or	7611
copyrights. Personal property and any beneficial interest in	7612
personal property are deemed to be located where the trustee of	7613
the property, the personal property, or the instrument evidencing	7614
the right is located.	7615

(I) "Corrupt activity" means engaging in, attempting to	7616
engage in, conspiring to engage in, or soliciting, coercing, or	7617
intimidating another person to engage in any of the following:	7618

(1) Conduct defined as "racketeering activity" under the	7619
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	7620
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	7621

(2) Conduct constituting any of the following:

7622

(a) A violation of section 1315.55, 1322.02, 2903.01,	7623
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	7624
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	7625
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	7626
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	7627
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	7628
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	7629
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	7630
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	7631
section 1707.44; division (A)(1) or (2) of section 2923.20;	7632
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	7633
4719.06; division (C), (D), or (E) of section 4719.07; section	7634
4719.08; or division (A) of section 4719.09 of the Revised Code.	7635

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	7636
3769.19 of the Revised Code as it existed prior to July 1, 1996,	7637
any violation of section 2915.02 of the Revised Code that occurs	7638
on or after July 1, 1996, and that, had it occurred prior to that	7639
date, would have been a violation of section 3769.11 of the	7640
Revised Code as it existed prior to that date, or any violation of	7641
section 2915.05 of the Revised Code that occurs on or after July	7642
1, 1996, and that, had it occurred prior to that date, would have	7643
been a violation of section 3769.15, 3769.16, or 3769.19 of the	7644
Revised Code as it existed prior to that date.	7645

(c) Any violation of section 2907.21, 2907.22, 2907.31,	7646
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	7647
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	7648
of the Revised Code, any violation of section 2925.11 of the	7649
Revised Code that is a felony of the first, second, third, or	7650
fourth degree and that occurs on or after July 1, 1996, any	7651
violation of section 2915.02 of the Revised Code that occurred	7652
prior to July 1, 1996, any violation of section 2915.02 of the	7653
Revised Code that occurs on or after July 1, 1996, and that, had	7654
it occurred prior to that date, would not have been a violation of	7655
section 3769.11 of the Revised Code as it existed prior to that	7656
date, any violation of section 2915.06 of the Revised Code as it	7657
existed prior to July 1, 1996, or any violation of division (B) of	7658
section 2915.05 of the Revised Code as it exists on and after July	7659
1, 1996, when the proceeds of the violation, the payments made in	7660
the violation, the amount of a claim for payment or for any other	7661
benefit that is false or deceptive and that is involved in the	7662
violation, or the value of the contraband or other property	7663
illegally possessed, sold, or purchased in the violation exceeds	7664
~~five hundred~~one thousand dollars, or any combination of	7665
violations described in division (I)(2)(c) of this section when	7666
the total proceeds of the combination of violations, payments made	7667
in the combination of violations, amount of the claims for payment	7668
or for other benefits that is false or deceptive and that is	7669
involved in the combination of violations, or value of the	7670
contraband or other property illegally possessed, sold, or	7671
purchased in the combination of violations exceeds ~~five hundred~~	7672
one thousand dollars;	7673

(d) Any violation of section 5743.112 of the Revised Code	7674
when the amount of unpaid tax exceeds one hundred dollars;	7675

(e) Any violation or combination of violations of section	7676
2907.32 of the Revised Code involving any material or performance	7677
containing a display of bestiality or of sexual conduct, as	7678
defined in section 2907.01 of the Revised Code, that is explicit	7679
and depicted with clearly visible penetration of the genitals or	7680
clearly visible penetration by the penis of any orifice when the	7681
total proceeds of the violation or combination of violations, the	7682
payments made in the violation or combination of violations, or	7683
the value of the contraband or other property illegally possessed,	7684
sold, or purchased in the violation or combination of violations	7685
exceeds ~~five hundred~~one thousand dollars;	7686

(f) Any combination of violations described in division	7687
(I)(2)(c) of this section and violations of section 2907.32 of the	7688
Revised Code involving any material or performance containing a	7689
display of bestiality or of sexual conduct, as defined in section	7690
2907.01 of the Revised Code, that is explicit and depicted with	7691
clearly visible penetration of the genitals or clearly visible	7692
penetration by the penis of any orifice when the total proceeds of	7693
the combination of violations, payments made in the combination of	7694
violations, amount of the claims for payment or for other benefits	7695
that is false or deceptive and that is involved in the combination	7696
of violations, or value of the contraband or other property	7697
illegally possessed, sold, or purchased in the combination of	7698
violations exceeds ~~five hundred~~one thousand dollars;	7699

(g) Any violation of section 2905.32 of the Revised Code to	7700
the extent the violation is not based solely on the same conduct	7701
that constitutes corrupt activity pursuant to division (I)(2)(c)	7702
of this section due to the conduct being in violation of section	7703
2907.21 of the Revised Code.	7704

(3) Conduct constituting a violation of any law of any state	7705
other than this state that is substantially similar to the conduct	7706
described in division (I)(2) of this section, provided the	7707
defendant was convicted of the conduct in a criminal proceeding in	7708
the other state;	7709

(4) Animal or ecological terrorism;

7710

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

7711

(i) Organized retail theft;

7712

(ii) Conduct that constitutes one or more violations of any	7713
law of any state other than this state, that is substantially	7714
similar to organized retail theft, and that if committed in this	7715
state would be organized retail theft, if the defendant was	7716
convicted of or pleaded guilty to the conduct in a criminal	7717
proceeding in the other state.	7718

(b) By enacting division (I)(5)(a) of this section, it is the	7719
intent of the general assembly to add organized retail theft and	7720
the conduct described in division (I)(5)(a)(ii) of this section as	7721
conduct constituting corrupt activity. The enactment of division	7722
(I)(5)(a) of this section and the addition by division (I)(5)(a)	7723
of this section of organized retail theft and the conduct	7724
described in division (I)(5)(a)(ii) of this section as conduct	7725
constituting corrupt activity does not limit or preclude, and	7726
shall not be construed as limiting or precluding, any prosecution	7727
for a violation of section 2923.32 of the Revised Code that is	7728
based on one or more violations of section 2913.02 or 2913.51 of	7729
the Revised Code, one or more similar offenses under the laws of	7730
this state or any other state, or any combination of any of those	7731
violations or similar offenses, even though the conduct	7732
constituting the basis for those violations or offenses could be	7733
construed as also constituting organized retail theft or conduct	7734
of the type described in division (I)(5)(a)(ii) of this section.	7735

(J) "Real property" means any real property or any interest	7736
in real property, including, but not limited to, any lease of, or	7737
mortgage upon, real property. Real property and any beneficial	7738
interest in it is deemed to be located where the real property is	7739
located.	7740

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

7741

(1) Any person acting as trustee under a trust in which the	7742
trustee holds title to personal or real property;	7743

(2) Any person who holds title to personal or real property	7744
for which any other person has a beneficial interest;	7745

(3) Any successor trustee.

7746

"Trustee" does not include an assignee or trustee for an	7747
insolvent debtor or an executor, administrator, administrator with	7748
the will annexed, testamentary trustee, guardian, or committee,	7749
appointed by, under the control of, or accountable to a court.	7750

(L) "Unlawful debt" means any money or other thing of value	7751
constituting principal or interest of a debt that is legally	7752
unenforceable in this state in whole or in part because the debt	7753
was incurred or contracted in violation of any federal or state	7754
law relating to the business of gambling activity or relating to	7755
the business of lending money at an usurious rate unless the	7756
creditor proves, by a preponderance of the evidence, that the	7757
usurious rate was not intentionally set and that it resulted from	7758
a good faith error by the creditor, notwithstanding the	7759
maintenance of procedures that were adopted by the creditor to	7760
avoid an error of that nature.	7761

(M) "Animal activity" means any activity that involves the	7762
use of animals or animal parts, including, but not limited to,	7763
hunting, fishing, trapping, traveling, camping, the production,	7764
preparation, or processing of food or food products, clothing or	7765
garment manufacturing, medical research, other research,	7766
entertainment, recreation, agriculture, biotechnology, or service	7767
activity that involves the use of animals or animal parts.	7768

(N) "Animal facility" means a vehicle, building, structure,	7769
nature preserve, or other premises in which an animal is lawfully	7770
kept, handled, housed, exhibited, bred, or offered for sale,	7771
including, but not limited to, a zoo, rodeo, circus, amusement	7772
park, hunting preserve, or premises in which a horse or dog event	7773
is held.	7774

(O) "Animal or ecological terrorism" means the commission of	7775
any felony that involves causing or creating a substantial risk of	7776
physical harm to any property of another, the use of a deadly	7777
weapon or dangerous ordnance, or purposely, knowingly, or	7778
recklessly causing serious physical harm to property and that	7779
involves an intent to obstruct, impede, or deter any person from	7780
participating in a lawful animal activity, from mining, foresting,	7781
harvesting, gathering, or processing natural resources, or from	7782
being lawfully present in or on an animal facility or research	7783
facility.	7784

(P) "Research facility" means a place, laboratory,	7785
institution, medical care facility, government facility, or public	7786
or private educational institution in which a scientific test,	7787
experiment, or investigation involving the use of animals or other	7788
living organisms is lawfully carried out, conducted, or attempted.	7789

(Q) "Organized retail theft" means the theft of retail	7790
property with a retail value of ~~five hundred~~one thousand dollars	7791
or more from one or more retail establishments with the intent to	7792
sell, deliver, or transfer that property to a retail property	7793
fence.	7794

(R) "Retail property" means any tangible personal property	7795
displayed, held, stored, or offered for sale in or by a retail	7796
establishment.	7797

(S) "Retail property fence" means a person who possesses,	7798
procures, receives, or conceals retail property that was	7799
represented to the person as being stolen or that the person knows	7800
or believes to be stolen.	7801

(T) "Retail value" means the full retail value of the retail	7802
property. In determining whether the retail value of retail	7803
property equals or exceeds ~~five hundred~~one thousand dollars, the	7804
value of all retail property stolen from the retail establishment	7805
or retail establishments by the same person or persons within any	7806
one-hundred-eighty-day period shall be aggregated.	7807

Sec. 2925.01. As used in this chapter:

7808

(A) "Administer," "controlled substance," "dispense,"	7809
"distribute," "hypodermic," "manufacturer," "official written	7810
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	7811
"schedule II," "schedule III," "schedule IV," "schedule V," and	7812
"wholesaler" have the same meanings as in section 3719.01 of the	7813
Revised Code.	7814

(B) "Drug dependent person" and "drug of abuse" have the same	7815
meanings as in section 3719.011 of the Revised Code.	7816

(C) "Drug," "dangerous drug," "licensed health professional	7817
authorized to prescribe drugs," and "prescription" have the same	7818
meanings as in section 4729.01 of the Revised Code.	7819

(D) "Bulk amount" of a controlled substance means any of the	7820
following:	7821

(1) For any compound, mixture, preparation, or substance	7822
included in schedule I, schedule II, or schedule III, with the	7823
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	7824
except as provided in division (D)(2) or (5) of this section,	7825
whichever of the following is applicable:	7826

(a) An amount equal to or exceeding ten grams or twenty-five	7827
unit doses of a compound, mixture, preparation, or substance that	7828
is or contains any amount of a schedule I opiate or opium	7829
derivative;	7830

(b) An amount equal to or exceeding ten grams of a compound,	7831
mixture, preparation, or substance that is or contains any amount	7832
of raw or gum opium;	7833

(c) An amount equal to or exceeding thirty grams or ten unit	7834
doses of a compound, mixture, preparation, or substance that is or	7835
contains any amount of a schedule I hallucinogen other than	7836
tetrahydrocannabinol or lysergic acid amide, or a schedule I	7837
stimulant or depressant;	7838

(d) An amount equal to or exceeding twenty grams or five	7839
times the maximum daily dose in the usual dose range specified in	7840
a standard pharmaceutical reference manual of a compound, mixture,	7841
preparation, or substance that is or contains any amount of a	7842
schedule II opiate or opium derivative;	7843

(e) An amount equal to or exceeding five grams or ten unit	7844
doses of a compound, mixture, preparation, or substance that is or	7845
contains any amount of phencyclidine;	7846

(f) An amount equal to or exceeding one hundred twenty grams	7847
or thirty times the maximum daily dose in the usual dose range	7848
specified in a standard pharmaceutical reference manual of a	7849
compound, mixture, preparation, or substance that is or contains	7850
any amount of a schedule II stimulant that is in a final dosage	7851
form manufactured by a person authorized by the "Federal Food,	7852
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	7853
amended, and the federal drug abuse control laws, as defined in	7854
section 3719.01 of the Revised Code, that is or contains any	7855
amount of a schedule II depressant substance or a schedule II	7856
hallucinogenic substance;	7857

(g) An amount equal to or exceeding three grams of a	7858
compound, mixture, preparation, or substance that is or contains	7859
any amount of a schedule II stimulant, or any of its salts or	7860
isomers, that is not in a final dosage form manufactured by a	7861
person authorized by the Federal Food, Drug, and Cosmetic Act and	7862
the federal drug abuse control laws.	7863

(2) An amount equal to or exceeding one hundred twenty grams	7864
or thirty times the maximum daily dose in the usual dose range	7865
specified in a standard pharmaceutical reference manual of a	7866
compound, mixture, preparation, or substance that is or contains	7867
any amount of a schedule III or IV substance other than an	7868
anabolic steroid or a schedule III opiate or opium derivative;	7869

(3) An amount equal to or exceeding twenty grams or five	7870
times the maximum daily dose in the usual dose range specified in	7871
a standard pharmaceutical reference manual of a compound, mixture,	7872
preparation, or substance that is or contains any amount of a	7873
schedule III opiate or opium derivative;	7874

(4) An amount equal to or exceeding two hundred fifty	7875
milliliters or two hundred fifty grams of a compound, mixture,	7876
preparation, or substance that is or contains any amount of a	7877
schedule V substance;	7878

(5) An amount equal to or exceeding two hundred solid dosage	7879
units, sixteen grams, or sixteen milliliters of a compound,	7880
mixture, preparation, or substance that is or contains any amount	7881
of a schedule III anabolic steroid.	7882

(E) "Unit dose" means an amount or unit of a compound,	7883
mixture, or preparation containing a controlled substance that is	7884
separately identifiable and in a form that indicates that it is	7885
the amount or unit by which the controlled substance is separately	7886
administered to or taken by an individual.	7887

(F) "Cultivate" includes planting, watering, fertilizing, or	7888
tilling.	7889

(G) "Drug abuse offense" means any of the following:

7890

(1) A violation of division (A) of section 2913.02 that	7891
constitutes theft of drugs, or a violation of section 2925.02,	7892
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	7893
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	7894
2925.37 of the Revised Code;	7895

(2) A violation of an existing or former law of this or any	7896
other state or of the United States that is substantially	7897
equivalent to any section listed in division (G)(1) of this	7898
section;	7899

(3) An offense under an existing or former law of this or any	7900
other state, or of the United States, of which planting,	7901
cultivating, harvesting, processing, making, manufacturing,	7902
producing, shipping, transporting, delivering, acquiring,	7903
possessing, storing, distributing, dispensing, selling, inducing	7904
another to use, administering to another, using, or otherwise	7905
dealing with a controlled substance is an element;	7906

(4) A conspiracy to commit, attempt to commit, or complicity	7907
in committing or attempting to commit any offense under division	7908
(G)(1), (2), or (3) of this section.	7909

(H) "Felony drug abuse offense" means any drug abuse offense	7910
that would constitute a felony under the laws of this state, any	7911
other state, or the United States.	7912

(I) "Harmful intoxicant" does not include beer or	7913
intoxicating liquor but means any of the following:	7914

(1) Any compound, mixture, preparation, or substance the gas,	7915
fumes, or vapor of which when inhaled can induce intoxication,	7916
excitement, giddiness, irrational behavior, depression,	7917
stupefaction, paralysis, unconsciousness, asphyxiation, or other	7918
harmful physiological effects, and includes, but is not limited	7919
to, any of the following:	7920

(a) Any volatile organic solvent, plastic cement, model	7921
cement, fingernail polish remover, lacquer thinner, cleaning	7922
fluid, gasoline, or other preparation containing a volatile	7923
organic solvent;	7924

(b) Any aerosol propellant;

7925

7926

(d) Any anesthetic gas.

7927

(2) Gamma Butyrolactone;

7928

(3) 1,4 Butanediol.

7929

(J) "Manufacture" means to plant, cultivate, harvest,	7930
process, make, prepare, or otherwise engage in any part of the	7931
production of a drug, by propagation, extraction, chemical	7932
synthesis, or compounding, or any combination of the same, and	7933
includes packaging, repackaging, labeling, and other activities	7934
incident to production.	7935

(K) "Possess" or "possession" means having control over a	7936
thing or substance, but may not be inferred solely from mere	7937
access to the thing or substance through ownership or occupation	7938
of the premises upon which the thing or substance is found.	7939

(L) "Sample drug" means a drug or pharmaceutical preparation	7940
that would be hazardous to health or safety if used without the	7941
supervision of a licensed health professional authorized to	7942
prescribe drugs, or a drug of abuse, and that, at one time, had	7943
been placed in a container plainly marked as a sample by a	7944
manufacturer.	7945

(M) "Standard pharmaceutical reference manual" means the	7946
current edition, with cumulative changes if any, of any of the	7947
following reference works:	7948

(1) "The National Formulary";

7949

(2) "The United States Pharmacopeia," prepared by authority	7950
of the United States Pharmacopeial Convention, Inc.;	7951

(3) Other standard references that are approved by the state	7952
board of pharmacy.	7953

(N) "Juvenile" means a person under eighteen years of age.

7954

(O) "Counterfeit controlled substance" means any of the	7955
following:	7956

(1) Any drug that bears, or whose container or label bears, a	7957
trademark, trade name, or other identifying mark used without	7958
authorization of the owner of rights to that trademark, trade	7959
name, or identifying mark;	7960

(2) Any unmarked or unlabeled substance that is represented	7961
to be a controlled substance manufactured, processed, packed, or	7962
distributed by a person other than the person that manufactured,	7963
processed, packed, or distributed it;	7964

(3) Any substance that is represented to be a controlled	7965
substance but is not a controlled substance or is a different	7966
controlled substance;	7967

(4) Any substance other than a controlled substance that a	7968
reasonable person would believe to be a controlled substance	7969
because of its similarity in shape, size, and color, or its	7970
markings, labeling, packaging, distribution, or the price for	7971
which it is sold or offered for sale.	7972

(P) An offense is "committed in the vicinity of a school" if	7973
the offender commits the offense on school premises, in a school	7974
building, or within one thousand feet of the boundaries of any	7975
school premises, regardless of whether the offender knows the	7976
offense is being committed on school premises, in a school	7977
building, or within one thousand feet of the boundaries of any	7978
school premises.	7979

(Q) "School" means any school operated by a board of	7980
education, any community school established under Chapter 3314. of	7981
the Revised Code, or any nonpublic school for which the state	7982
board of education prescribes minimum standards under section	7983
3301.07 of the Revised Code, whether or not any instruction,	7984
extracurricular activities, or training provided by the school is	7985
being conducted at the time a criminal offense is committed.	7986

(R) "School premises" means either of the following:

7987

(1) The parcel of real property on which any school is	7988
situated, whether or not any instruction, extracurricular	7989
activities, or training provided by the school is being conducted	7990
on the premises at the time a criminal offense is committed;	7991

(2) Any other parcel of real property that is owned or leased	7992
by a board of education of a school, the governing authority of a	7993
community school established under Chapter 3314. of the Revised	7994
Code, or the governing body of a nonpublic school for which the	7995
state board of education prescribes minimum standards under	7996
section 3301.07 of the Revised Code and on which some of the	7997
instruction, extracurricular activities, or training of the school	7998
is conducted, whether or not any instruction, extracurricular	7999
activities, or training provided by the school is being conducted	8000
on the parcel of real property at the time a criminal offense is	8001
committed.	8002

(S) "School building" means any building in which any of the	8003
instruction, extracurricular activities, or training provided by a	8004
school is conducted, whether or not any instruction,	8005
extracurricular activities, or training provided by the school is	8006
being conducted in the school building at the time a criminal	8007
offense is committed.	8008

(T) "Disciplinary counsel" means the disciplinary counsel	8009
appointed by the board of commissioners on grievances and	8010
discipline of the supreme court under the Rules for the Government	8011
of the Bar of Ohio.	8012

(U) "Certified grievance committee" means a duly constituted	8013
and organized committee of the Ohio state bar association or of	8014
one or more local bar associations of the state of Ohio that	8015
complies with the criteria set forth in Rule V, section 6 of the	8016
Rules for the Government of the Bar of Ohio.	8017

(V) "Professional license" means any license, permit,	8018
certificate, registration, qualification, admission, temporary	8019
license, temporary permit, temporary certificate, or temporary	8020
registration that is described in divisions (W)(1) to (36) of this	8021
section and that qualifies a person as a professionally licensed	8022
person.	8023

(W) "Professionally licensed person" means any of the	8024
following:	8025

(1) A person who has obtained a license as a manufacturer of	8026
controlled substances or a wholesaler of controlled substances	8027
under Chapter 3719. of the Revised Code;	8028

(2) A person who has received a certificate or temporary	8029
certificate as a certified public accountant or who has registered	8030
as a public accountant under Chapter 4701. of the Revised Code and	8031
who holds an Ohio permit issued under that chapter;	8032

(3) A person who holds a certificate of qualification to	8033
practice architecture issued or renewed and registered under	8034
Chapter 4703. of the Revised Code;	8035

(4) A person who is registered as a landscape architect under	8036
Chapter 4703. of the Revised Code or who holds a permit as a	8037
landscape architect issued under that chapter;	8038

(5) A person licensed under Chapter 4707. of the Revised	8039
Code;	8040

(6) A person who has been issued a certificate of	8041
registration as a registered barber under Chapter 4709. of the	8042
Revised Code;	8043

(7) A person licensed and regulated to engage in the business	8044
of a debt pooling company by a legislative authority, under	8045
authority of Chapter 4710. of the Revised Code;	8046

(8) A person who has been issued a cosmetologist's license,	8047
hair designer's license, manicurist's license, esthetician's	8048
license, natural hair stylist's license, managing cosmetologist's	8049
license, managing hair designer's license, managing manicurist's	8050
license, managing esthetician's license, managing natural hair	8051
stylist's license, cosmetology instructor's license, hair design	8052
instructor's license, manicurist instructor's license, esthetics	8053
instructor's license, natural hair style instructor's license,	8054
independent contractor's license, or tanning facility permit under	8055
Chapter 4713. of the Revised Code;	8056

(9) A person who has been issued a license to practice	8057
dentistry, a general anesthesia permit, a conscious intravenous	8058
sedation permit, a limited resident's license, a limited teaching	8059
license, a dental hygienist's license, or a dental hygienist's	8060
teacher's certificate under Chapter 4715. of the Revised Code;	8061

(10) A person who has been issued an embalmer's license, a	8062
funeral director's license, a funeral home license, or a crematory	8063
license, or who has been registered for an embalmer's or funeral	8064
director's apprenticeship under Chapter 4717. of the Revised Code;	8065

(11) A person who has been licensed as a registered nurse or	8066
practical nurse, or who has been issued a certificate for the	8067
practice of nurse-midwifery under Chapter 4723. of the Revised	8068
Code;	8069

(12) A person who has been licensed to practice optometry or	8070
to engage in optical dispensing under Chapter 4725. of the Revised	8071
Code;	8072

(13) A person licensed to act as a pawnbroker under Chapter	8073
4727. of the Revised Code;	8074

(14) A person licensed to act as a precious metals dealer	8075
under Chapter 4728. of the Revised Code;	8076

(15) A person licensed as a pharmacist, a pharmacy intern, a	8077
wholesale distributor of dangerous drugs, or a terminal	8078
distributor of dangerous drugs under Chapter 4729. of the Revised	8079
Code;	8080

(16) A person who is authorized to practice as a physician	8081
assistant under Chapter 4730. of the Revised Code;	8082

(17) A person who has been issued a certificate to practice	8083
medicine and surgery, osteopathic medicine and surgery, a limited	8084
branch of medicine, or podiatry under Chapter 4731. of the Revised	8085
Code;	8086

(18) A person licensed as a psychologist or school	8087
psychologist under Chapter 4732. of the Revised Code;	8088

(19) A person registered to practice the profession of	8089
engineering or surveying under Chapter 4733. of the Revised Code;	8090

(20) A person who has been issued a license to practice	8091
chiropractic under Chapter 4734. of the Revised Code;	8092

(21) A person licensed to act as a real estate broker or real	8093
estate salesperson under Chapter 4735. of the Revised Code;	8094

(22) A person registered as a registered sanitarian under	8095
Chapter 4736. of the Revised Code;	8096

(23) A person licensed to operate or maintain a junkyard	8097
under Chapter 4737. of the Revised Code;	8098

(24) A person who has been issued a motor vehicle salvage	8099
dealer's license under Chapter 4738. of the Revised Code;	8100

(25) A person who has been licensed to act as a steam	8101
engineer under Chapter 4739. of the Revised Code;	8102

(26) A person who has been issued a license or temporary	8103
permit to practice veterinary medicine or any of its branches, or	8104
who is registered as a graduate animal technician under Chapter	8105
4741. of the Revised Code;	8106

(27) A person who has been issued a hearing aid dealer's or	8107
fitter's license or trainee permit under Chapter 4747. of the	8108
Revised Code;	8109

(28) A person who has been issued a class A, class B, or	8110
class C license or who has been registered as an investigator or	8111
security guard employee under Chapter 4749. of the Revised Code;	8112

(29) A person licensed and registered to practice as a	8113
nursing home administrator under Chapter 4751. of the Revised	8114
Code;	8115

(30) A person licensed to practice as a speech-language	8116
pathologist or audiologist under Chapter 4753. of the Revised	8117
Code;	8118

(31) A person issued a license as an occupational therapist	8119
or physical therapist under Chapter 4755. of the Revised Code;	8120

(32) A person who is licensed as a professional clinical	8121
counselor or professional counselor, licensed as a social worker	8122
or independent social worker, or registered as a social work	8123
assistant under Chapter 4757. of the Revised Code;	8124

(33) A person issued a license to practice dietetics under	8125
Chapter 4759. of the Revised Code;	8126

(34) A person who has been issued a license or limited permit	8127
to practice respiratory therapy under Chapter 4761. of the Revised	8128
Code;	8129

(35) A person who has been issued a real estate appraiser	8130
certificate under Chapter 4763. of the Revised Code;	8131

(36) A person who has been admitted to the bar by order of	8132
the supreme court in compliance with its prescribed and published	8133
rules.	8134

(X) "Cocaine" means any of the following:

8135

(1) A cocaine salt, isomer, or derivative, a salt of a	8136
cocaine isomer or derivative, or the base form of cocaine;	8137

(2) Coca leaves or a salt, compound, derivative, or	8138
preparation of coca leaves, including ecgonine, a salt, isomer, or	8139
derivative of ecgonine, or a salt of an isomer or derivative of	8140
ecgonine;	8141

(3) A salt, compound, derivative, or preparation of a	8142
substance identified in division (X)(1) or (2) of this section	8143
that is chemically equivalent to or identical with any of those	8144
substances, except that the substances shall not include	8145
decocainized coca leaves or extraction of coca leaves if the	8146
extractions do not contain cocaine or ecgonine.	8147

(Y) "L.S.D." means lysergic acid diethylamide.

8148

(Z) "Hashish" means the resin or a preparation of the resin	8149
contained in marihuana, whether in solid form or in a liquid	8150
concentrate, liquid extract, or liquid distillate form.	8151

(AA) "Marihuana" has the same meaning as in section 3719.01	8152
of the Revised Code, except that it does not include hashish.	8153

(BB) An offense is "committed in the vicinity of a juvenile"	8154
if the offender commits the offense within one hundred feet of a	8155
juvenile or within the view of a juvenile, regardless of whether	8156
the offender knows the age of the juvenile, whether the offender	8157
knows the offense is being committed within one hundred feet of or	8158
within view of the juvenile, or whether the juvenile actually	8159
views the commission of the offense.	8160

(CC) "Presumption for a prison term" or "presumption that a	8161
prison term shall be imposed" means a presumption, as described in	8162
division (D) of section 2929.13 of the Revised Code, that a prison	8163
term is a necessary sanction for a felony in order to comply with	8164
the purposes and principles of sentencing under section 2929.11 of	8165
the Revised Code.	8166

(DD) "Major drug offender" has the same meaning as in section	8167
2929.01 of the Revised Code.	8168

(EE) "Minor drug possession offense" means either of the	8169
following:	8170

(1) A violation of section 2925.11 of the Revised Code as it	8171
existed prior to July 1, 1996;	8172

(2) A violation of section 2925.11 of the Revised Code as it	8173
exists on and after July 1, 1996, that is a misdemeanor or a	8174
felony of the fifth degree.	8175

(FF) "Mandatory prison term" has the same meaning as in	8176
section 2929.01 of the Revised Code.	8177

(GG) ~~"Crack cocaine" means a compound, mixture, preparation,~~	8178
~~or substance that is or contains any amount of cocaine that is~~	8179
~~analytically identified as the base form of cocaine or that is in~~	8180
~~a form that resembles rocks or pebbles generally intended for~~	8181
~~individual use.~~	8182

~~(HH)~~ "Adulterate" means to cause a drug to be adulterated as	8183
described in section 3715.63 of the Revised Code.	8184

~~(II)~~(HH) "Public premises" means any hotel, restaurant,	8185
tavern, store, arena, hall, or other place of public	8186
accommodation, business, amusement, or resort.	8187

~~(JJ)~~(II) "Methamphetamine" means methamphetamine, any salt,	8188
isomer, or salt of an isomer of methamphetamine, or any compound,	8189
mixture, preparation, or substance containing methamphetamine or	8190
any salt, isomer, or salt of an isomer of methamphetamine.	8191

~~(KK)~~(JJ) "Lawful prescription" means a prescription that is	8192
issued for a legitimate medical purpose by a licensed health	8193
professional authorized to prescribe drugs, that is not altered or	8194
forged, and that was not obtained by means of deception or by the	8195
commission of any theft offense.	8196

~~(LL)~~(KK) "Deception" and "theft offense" have the same	8197
meanings as in section 2913.01 of the Revised Code.	8198

Sec. 2925.03. (A) No person shall knowingly do any of the	8199
following:	8200

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

8201

(2) Prepare for shipment, ship, transport, deliver, prepare	8202
for distribution, or distribute a controlled substance, when the	8203
offender knows or has reasonable cause to believe that the	8204
controlled substance is intended for sale or resale by the	8205
offender or another person.	8206

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

8207

(1) Manufacturers, licensed health professionals authorized	8208
to prescribe drugs, pharmacists, owners of pharmacies, and other	8209
persons whose conduct is in accordance with Chapters 3719., 4715.,	8210
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	8211

(2) If the offense involves an anabolic steroid, any person	8212
who is conducting or participating in a research project involving	8213
the use of an anabolic steroid if the project has been approved by	8214
the United States food and drug administration;	8215

(3) Any person who sells, offers for sale, prescribes,	8216
dispenses, or administers for livestock or other nonhuman species	8217
an anabolic steroid that is expressly intended for administration	8218
through implants to livestock or other nonhuman species and	8219
approved for that purpose under the "Federal Food, Drug, and	8220
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	8221
and is sold, offered for sale, prescribed, dispensed, or	8222
administered for that purpose in accordance with that act.	8223

(C) Whoever violates division (A) of this section is guilty	8224
of one of the following:	8225

(1) If the drug involved in the violation is any compound,	8226
mixture, preparation, or substance included in schedule I or	8227
schedule II, with the exception of marihuana, cocaine, L.S.D.,	8228
heroin, and hashish, whoever violates division (A) of this section	8229
is guilty of aggravated trafficking in drugs. The penalty for the	8230
offense shall be determined as follows:	8231

(a) Except as otherwise provided in division (C)(1)(b), (c),	8232
(d), (e), or (f) of this section, aggravated trafficking in drugs	8233
is a felony of the fourth degree, and division (C) of section	8234
2929.13 of the Revised Code applies in determining whether to	8235
impose a prison term on the offender.	8236

(b) Except as otherwise provided in division (C)(1)(c), (d),	8237
(e), or (f) of this section, if the offense was committed in the	8238
vicinity of a school or in the vicinity of a juvenile, aggravated	8239
trafficking in drugs is a felony of the third degree, and division	8240
(C) of section 2929.13 of the Revised Code applies in determining	8241
whether to impose a prison term on the offender.	8242

(c) Except as otherwise provided in this division, if the	8243
amount of the drug involved equals or exceeds the bulk amount but	8244
is less than five times the bulk amount, aggravated trafficking in	8245
drugs is a felony of the third degree, and the court shall impose	8246
as a mandatory prison term one of the prison terms prescribed for	8247
a felony of the third degree. If the amount of the drug involved	8248
is within that range and if the offense was committed in the	8249
vicinity of a school or in the vicinity of a juvenile, aggravated	8250
trafficking in drugs is a felony of the second degree, and the	8251
court shall impose as a mandatory prison term one of the prison	8252
terms prescribed for a felony of the second degree.	8253

(d) Except as otherwise provided in this division, if the	8254
amount of the drug involved equals or exceeds five times the bulk	8255
amount but is less than fifty times the bulk amount, aggravated	8256
trafficking in drugs is a felony of the second degree, and the	8257
court shall impose as a mandatory prison term one of the prison	8258
terms prescribed for a felony of the second degree. If the amount	8259
of the drug involved is within that range and if the offense was	8260
committed in the vicinity of a school or in the vicinity of a	8261
juvenile, aggravated trafficking in drugs is a felony of the first	8262
degree, and the court shall impose as a mandatory prison term one	8263
of the prison terms prescribed for a felony of the first degree.	8264

(e) If the amount of the drug involved equals or exceeds	8265
fifty times the bulk amount but is less than one hundred times the	8266
bulk amount and regardless of whether the offense was committed in	8267
the vicinity of a school or in the vicinity of a juvenile,	8268
aggravated trafficking in drugs is a felony of the first degree,	8269
and the court shall impose as a mandatory prison term one of the	8270
prison terms prescribed for a felony of the first degree.	8271

(f) If the amount of the drug involved equals or exceeds one	8272
hundred times the bulk amount and regardless of whether the	8273
offense was committed in the vicinity of a school or in the	8274
vicinity of a juvenile, aggravated trafficking in drugs is a	8275
felony of the first degree, the offender is a major drug offender,	8276
and the court shall impose as a mandatory prison term the maximum	8277
prison term prescribed for a felony of the first degree and may	8278
impose an additional prison term prescribed for a major drug	8279
offender under division (D)(3)(b) of section 2929.14 of the	8280
Revised Code.	8281

(2) If the drug involved in the violation is any compound,	8282
mixture, preparation, or substance included in schedule III, IV,	8283
or V, whoever violates division (A) of this section is guilty of	8284
trafficking in drugs. The penalty for the offense shall be	8285
determined as follows:	8286

(a) Except as otherwise provided in division (C)(2)(b), (c),	8287
(d), or (e) of this section, trafficking in drugs is a felony of	8288
the fifth degree, and division (C) of section 2929.13 of the	8289
Revised Code applies in determining whether to impose a prison	8290
term on the offender.	8291

(b) Except as otherwise provided in division (C)(2)(c), (d),	8292
or (e) of this section, if the offense was committed in the	8293
vicinity of a school or in the vicinity of a juvenile, trafficking	8294
in drugs is a felony of the fourth degree, and division (C) of	8295
section 2929.13 of the Revised Code applies in determining whether	8296
to impose a prison term on the offender.	8297

(c) Except as otherwise provided in this division, if the	8298
amount of the drug involved equals or exceeds the bulk amount but	8299
is less than five times the bulk amount, trafficking in drugs is a	8300
felony of the fourth degree, and there is a presumption for a	8301
prison term for the offense. If the amount of the drug involved is	8302
within that range and if the offense was committed in the vicinity	8303
of a school or in the vicinity of a juvenile, trafficking in drugs	8304
is a felony of the third degree, and there is a presumption for a	8305
prison term for the offense.	8306

(d) Except as otherwise provided in this division, if the	8307
amount of the drug involved equals or exceeds five times the bulk	8308
amount but is less than fifty times the bulk amount, trafficking	8309
in drugs is a felony of the third degree, and there is a	8310
presumption for a prison term for the offense. If the amount of	8311
the drug involved is within that range and if the offense was	8312
committed in the vicinity of a school or in the vicinity of a	8313
juvenile, trafficking in drugs is a felony of the second degree,	8314
and there is a presumption for a prison term for the offense.	8315

(e) Except as otherwise provided in this division, if the	8316
amount of the drug involved equals or exceeds fifty times the bulk	8317
amount, trafficking in drugs is a felony of the second degree, and	8318
the court shall impose as a mandatory prison term one of the	8319
prison terms prescribed for a felony of the second degree. If the	8320
amount of the drug involved equals or exceeds fifty times the bulk	8321
amount and if the offense was committed in the vicinity of a	8322
school or in the vicinity of a juvenile, trafficking in drugs is a	8323
felony of the first degree, and the court shall impose as a	8324
mandatory prison term one of the prison terms prescribed for a	8325
felony of the first degree.	8326

(3) If the drug involved in the violation is marihuana or a	8327
compound, mixture, preparation, or substance containing marihuana	8328
other than hashish, whoever violates division (A) of this section	8329
is guilty of trafficking in marihuana. The penalty for the offense	8330
shall be determined as follows:	8331

(a) Except as otherwise provided in division (C)(3)(b), (c),	8332
(d), (e), (f), or (g), or (h) of this section, trafficking in	8333
marihuana is a felony of the fifth degree, and division ~~(C)~~(B) of	8334
section 2929.13 of the Revised Code applies in determining whether	8335
to impose a prison term on the offender.	8336

(b) Except as otherwise provided in division (C)(3)(c), (d),	8337
(e), (f), or (g), or (h) of this section, if the offense was	8338
committed in the vicinity of a school or in the vicinity of a	8339
juvenile, trafficking in marihuana is a felony of the fourth	8340
degree, and division ~~(C)~~(B) of section 2929.13 of the Revised Code	8341
applies in determining whether to impose a prison term on the	8342
offender.	8343

(c) Except as otherwise provided in this division, if the	8344
amount of the drug involved equals or exceeds two hundred grams	8345
but is less than one thousand grams, trafficking in marihuana is a	8346
felony of the fourth degree, and division ~~(C)~~(B) of section	8347
2929.13 of the Revised Code applies in determining whether to	8348
impose a prison term on the offender. If the amount of the drug	8349
involved is within that range and if the offense was committed in	8350
the vicinity of a school or in the vicinity of a juvenile,	8351
trafficking in marihuana is a felony of the third degree, and	8352
division (C) of section 2929.13 of the Revised Code applies in	8353
determining whether to impose a prison term on the offender.	8354

(d) Except as otherwise provided in this division, if the	8355
amount of the drug involved equals or exceeds one thousand grams	8356
but is less than five thousand grams, trafficking in marihuana is	8357
a felony of the third degree, and division (C) of section 2929.13	8358
of the Revised Code applies in determining whether to impose a	8359
prison term on the offender. If the amount of the drug involved is	8360
within that range and if the offense was committed in the vicinity	8361
of a school or in the vicinity of a juvenile, trafficking in	8362
marihuana is a felony of the second degree, and there is a	8363
presumption that a prison term shall be imposed for the offense.	8364

(e) Except as otherwise provided in this division, if the	8365
amount of the drug involved equals or exceeds five thousand grams	8366
but is less than twenty thousand grams, trafficking in marihuana	8367
is a felony of the third degree, and there is a presumption that a	8368
prison term shall be imposed for the offense. If the amount of the	8369
drug involved is within that range and if the offense was	8370
committed in the vicinity of a school or in the vicinity of a	8371
juvenile, trafficking in marihuana is a felony of the second	8372
degree, and there is a presumption that a prison term shall be	8373
imposed for the offense.	8374

(f) Except as otherwise provided in this division, if the	8375
amount of the drug involved equals or exceeds twenty thousand	8376
grams but is less than forty thousand grams, trafficking in	8377
marihuana is a felony of the second degree, and the court shall	8378
impose a mandatory prison term of five, six, seven, or eight	8379
years. If the amount of the drug involved is within that range and	8380
if the offense was committed in the vicinity of a school or in the	8381
vicinity of a juvenile, trafficking in marihuana is a felony of	8382
the first degree, and the court shall impose as a mandatory prison	8383
term the maximum prison term prescribed for a felony of the first	8384
degree.	8385

(g) Except as otherwise provided in this division, if the	8386
amount of the drug involved equals or exceeds forty thousand	8387
grams, trafficking in marihuana is a felony of the second degree,	8388
and the court shall impose as a mandatory prison term the maximum	8389
prison term prescribed for a felony of the second degree. If the	8390
amount of the drug involved equals or exceeds ~~twenty~~forty	8391
thousand grams and if the offense was committed in the vicinity of	8392
a school or in the vicinity of a juvenile, trafficking in	8393
marihuana is a felony of the first degree, and the court shall	8394
impose as a mandatory prison term the maximum prison term	8395
prescribed for a felony of the first degree.	8396

~~(g)~~(h) Except as otherwise provided in this division, if the	8397
offense involves a gift of twenty grams or less of marihuana,	8398
trafficking in marihuana is a minor misdemeanor upon a first	8399
offense and a misdemeanor of the third degree upon a subsequent	8400
offense. If the offense involves a gift of twenty grams or less of	8401
marihuana and if the offense was committed in the vicinity of a	8402
school or in the vicinity of a juvenile, trafficking in marihuana	8403
is a misdemeanor of the third degree.	8404

(4) If the drug involved in the violation is cocaine or a	8405
compound, mixture, preparation, or substance containing cocaine,	8406
whoever violates division (A) of this section is guilty of	8407
trafficking in cocaine. The penalty for the offense shall be	8408
determined as follows:	8409

(a) Except as otherwise provided in division (C)(4)(b), (c),	8410
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	8411
felony of the fifth degree, and division (C) of section 2929.13 of	8412
the Revised Code applies in determining whether to impose a prison	8413
term on the offender.	8414

(b) Except as otherwise provided in division (C)(4)(c), (d),	8415
(e), (f), or (g) of this section, if the offense was committed in	8416
the vicinity of a school or in the vicinity of a juvenile,	8417
trafficking in cocaine is a felony of the fourth degree, and	8418
division (C) of section 2929.13 of the Revised Code applies in	8419
determining whether to impose a prison term on the offender.	8420

(c) Except as otherwise provided in this division, if the	8421
amount of the drug involved equals or exceeds five grams but is	8422
less than ten grams of cocaine ~~that is not crack cocaine or equals~~	8423
~~or exceeds one gram but is less than five grams of crack cocaine~~,	8424
trafficking in cocaine is a felony of the fourth degree, and there	8425
is a presumption for a prison term for the offense. If the amount	8426
of the drug involved is within ~~one of those ranges~~that range and	8427
if the offense was committed in the vicinity of a school or in the	8428
vicinity of a juvenile, trafficking in cocaine is a felony of the	8429
third degree, and there is a presumption for a prison term for the	8430
offense.	8431

(d) Except as otherwise provided in this division, if the	8432
amount of the drug involved equals or exceeds ten grams but is	8433
less than ~~one hundred~~twenty grams of cocaine ~~that is not crack~~	8434
~~cocaine or equals or exceeds five grams but is less than ten grams~~	8435
~~of crack cocaine~~, trafficking in cocaine is a felony of the third	8436
degree, and the court shall impose as a mandatory prison term one	8437
of the prison terms prescribed for a felony of the third degree.	8438
If the amount of the drug involved is within ~~one of those ranges~~	8439
that range and if the offense was committed in the vicinity of a	8440
school or in the vicinity of a juvenile, trafficking in cocaine is	8441
a felony of the second degree, and the court shall impose as a	8442
mandatory prison term one of the prison terms prescribed for a	8443
felony of the second degree.	8444

(e) Except as otherwise provided in this division, if the	8445
amount of the drug involved equals or exceeds ~~one hundred~~twenty	8446
grams but is less than ~~five hundred~~twenty-seven grams of cocaine	8447
~~that is not crack cocaine or equals or exceeds ten grams but is~~	8448
~~less than twenty-five grams of crack cocaine~~, trafficking in	8449
cocaine is a felony of the second degree, and the court shall	8450
impose as a mandatory prison term one of the prison terms	8451
prescribed for a felony of the second degree. If the amount of the	8452
drug involved is within ~~one of those ranges~~that range and if the	8453
offense was committed in the vicinity of a school or in the	8454
vicinity of a juvenile, trafficking in cocaine is a felony of the	8455
first degree, and the court shall impose as a mandatory prison	8456
term one of the prison terms prescribed for a felony of the first	8457
degree.	8458

(f) If the amount of the drug involved equals or exceeds ~~five~~	8459
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	8460
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	8461
~~twenty-five grams but is less than one hundred grams of crack~~	8462
~~cocaine~~ and regardless of whether the offense was committed in the	8463
vicinity of a school or in the vicinity of a juvenile, trafficking	8464
in cocaine is a felony of the first degree, and the court shall	8465
impose as a mandatory prison term one of the prison terms	8466
prescribed for a felony of the first degree.	8467

(g) If the amount of the drug involved equals or exceeds one	8468
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	8469
~~equals or exceeds one hundred grams of crack cocaine~~ and	8470
regardless of whether the offense was committed in the vicinity of	8471
a school or in the vicinity of a juvenile, trafficking in cocaine	8472
is a felony of the first degree, the offender is a major drug	8473
offender, and the court shall impose as a mandatory prison term	8474
the maximum prison term prescribed for a felony of the first	8475
degree and may impose an additional mandatory prison term	8476
prescribed for a major drug offender under division (D)(3)(b) of	8477
section 2929.14 of the Revised Code.	8478

(5) If the drug involved in the violation is L.S.D. or a	8479
compound, mixture, preparation, or substance containing L.S.D.,	8480
whoever violates division (A) of this section is guilty of	8481
trafficking in L.S.D. The penalty for the offense shall be	8482
determined as follows:	8483

(a) Except as otherwise provided in division (C)(5)(b), (c),	8484
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	8485
felony of the fifth degree, and division (C) of section 2929.13 of	8486
the Revised Code applies in determining whether to impose a prison	8487
term on the offender.	8488

(b) Except as otherwise provided in division (C)(5)(c), (d),	8489
(e), (f), or (g) of this section, if the offense was committed in	8490
the vicinity of a school or in the vicinity of a juvenile,	8491
trafficking in L.S.D. is a felony of the fourth degree, and	8492
division (C) of section 2929.13 of the Revised Code applies in	8493
determining whether to impose a prison term on the offender.	8494

(c) Except as otherwise provided in this division, if the	8495
amount of the drug involved equals or exceeds ten unit doses but	8496
is less than fifty unit doses of L.S.D. in a solid form or equals	8497
or exceeds one gram but is less than five grams of L.S.D. in a	8498
liquid concentrate, liquid extract, or liquid distillate form,	8499
trafficking in L.S.D. is a felony of the fourth degree, and there	8500
is a presumption for a prison term for the offense. If the amount	8501
of the drug involved is within that range and if the offense was	8502
committed in the vicinity of a school or in the vicinity of a	8503
juvenile, trafficking in L.S.D. is a felony of the third degree,	8504
and there is a presumption for a prison term for the offense.	8505

(d) Except as otherwise provided in this division, if the	8506
amount of the drug involved equals or exceeds fifty unit doses but	8507
is less than two hundred fifty unit doses of L.S.D. in a solid	8508
form or equals or exceeds five grams but is less than twenty-five	8509
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	8510
distillate form, trafficking in L.S.D. is a felony of the third	8511
degree, and the court shall impose as a mandatory prison term one	8512
of the prison terms prescribed for a felony of the third degree.	8513
If the amount of the drug involved is within that range and if the	8514
offense was committed in the vicinity of a school or in the	8515
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	8516
second degree, and the court shall impose as a mandatory prison	8517
term one of the prison terms prescribed for a felony of the second	8518
degree.	8519

(e) Except as otherwise provided in this division, if the	8520
amount of the drug involved equals or exceeds two hundred fifty	8521
unit doses but is less than one thousand unit doses of L.S.D. in a	8522
solid form or equals or exceeds twenty-five grams but is less than	8523
one hundred grams of L.S.D. in a liquid concentrate, liquid	8524
extract, or liquid distillate form, trafficking in L.S.D. is a	8525
felony of the second degree, and the court shall impose as a	8526
mandatory prison term one of the prison terms prescribed for a	8527
felony of the second degree. If the amount of the drug involved is	8528
within that range and if the offense was committed in the vicinity	8529
of a school or in the vicinity of a juvenile, trafficking in	8530
L.S.D. is a felony of the first degree, and the court shall impose	8531
as a mandatory prison term one of the prison terms prescribed for	8532
a felony of the first degree.	8533

(f) If the amount of the drug involved equals or exceeds one	8534
thousand unit doses but is less than five thousand unit doses of	8535
L.S.D. in a solid form or equals or exceeds one hundred grams but	8536
is less than five hundred grams of L.S.D. in a liquid concentrate,	8537
liquid extract, or liquid distillate form and regardless of	8538
whether the offense was committed in the vicinity of a school or	8539
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	8540
of the first degree, and the court shall impose as a mandatory	8541
prison term one of the prison terms prescribed for a felony of the	8542
first degree.	8543

(g) If the amount of the drug involved equals or exceeds five	8544
thousand unit doses of L.S.D. in a solid form or equals or exceeds	8545
five hundred grams of L.S.D. in a liquid concentrate, liquid	8546
extract, or liquid distillate form and regardless of whether the	8547
offense was committed in the vicinity of a school or in the	8548
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	8549
first degree, the offender is a major drug offender, and the court	8550
shall impose as a mandatory prison term the maximum prison term	8551
prescribed for a felony of the first degree and may impose an	8552
additional mandatory prison term prescribed for a major drug	8553
offender under division (D)(3)(b) of section 2929.14 of the	8554
Revised Code.	8555

(6) If the drug involved in the violation is heroin or a	8556
compound, mixture, preparation, or substance containing heroin,	8557
whoever violates division (A) of this section is guilty of	8558
trafficking in heroin. The penalty for the offense shall be	8559
determined as follows:	8560

(a) Except as otherwise provided in division (C)(6)(b), (c),	8561
(d), (e), (f), or (g) of this section, trafficking in heroin is a	8562
felony of the fifth degree, and division (C) of section 2929.13 of	8563
the Revised Code applies in determining whether to impose a prison	8564
term on the offender.	8565

(b) Except as otherwise provided in division (C)(6)(c), (d),	8566
(e), (f), or (g) of this section, if the offense was committed in	8567
the vicinity of a school or in the vicinity of a juvenile,	8568
trafficking in heroin is a felony of the fourth degree, and	8569
division (C) of section 2929.13 of the Revised Code applies in	8570
determining whether to impose a prison term on the offender.	8571

(c) Except as otherwise provided in this division, if the	8572
amount of the drug involved equals or exceeds ten unit doses but	8573
is less than fifty unit doses or equals or exceeds one gram but is	8574
less than five grams, trafficking in heroin is a felony of the	8575
fourth degree, and there is a presumption for a prison term for	8576
the offense. If the amount of the drug involved is within that	8577
range and if the offense was committed in the vicinity of a school	8578
or in the vicinity of a juvenile, trafficking in heroin is a	8579
felony of the third degree, and there is a presumption for a	8580
prison term for the offense.	8581

(d) Except as otherwise provided in this division, if the	8582
amount of the drug involved equals or exceeds fifty unit doses but	8583
is less than one hundred unit doses or equals or exceeds five	8584
grams but is less than ten grams, trafficking in heroin is a	8585
felony of the third degree, and there is a presumption for a	8586
prison term for the offense. If the amount of the drug involved is	8587
within that range and if the offense was committed in the vicinity	8588
of a school or in the vicinity of a juvenile, trafficking in	8589
heroin is a felony of the second degree, and there is a	8590
presumption for a prison term for the offense.	8591

(e) Except as otherwise provided in this division, if the	8592
amount of the drug involved equals or exceeds one hundred unit	8593
doses but is less than five hundred unit doses or equals or	8594
exceeds ten grams but is less than fifty grams, trafficking in	8595
heroin is a felony of the second degree, and the court shall	8596
impose as a mandatory prison term one of the prison terms	8597
prescribed for a felony of the second degree. If the amount of the	8598
drug involved is within that range and if the offense was	8599
committed in the vicinity of a school or in the vicinity of a	8600
juvenile, trafficking in heroin is a felony of the first degree,	8601
and the court shall impose as a mandatory prison term one of the	8602
prison terms prescribed for a felony of the first degree.	8603

(f) If the amount of the drug involved equals or exceeds five	8604
hundred unit doses but is less than two thousand five hundred unit	8605
doses or equals or exceeds fifty grams but is less than two	8606
hundred fifty grams and regardless of whether the offense was	8607
committed in the vicinity of a school or in the vicinity of a	8608
juvenile, trafficking in heroin is a felony of the first degree,	8609
and the court shall impose as a mandatory prison term one of the	8610
prison terms prescribed for a felony of the first degree.	8611

(g) If the amount of the drug involved equals or exceeds two	8612
thousand five hundred unit doses or equals or exceeds two hundred	8613
fifty grams and regardless of whether the offense was committed in	8614
the vicinity of a school or in the vicinity of a juvenile,	8615
trafficking in heroin is a felony of the first degree, the	8616
offender is a major drug offender, and the court shall impose as a	8617
mandatory prison term the maximum prison term prescribed for a	8618
felony of the first degree and may impose an additional mandatory	8619
prison term prescribed for a major drug offender under division	8620
(D)(3)(b) of section 2929.14 of the Revised Code.	8621

(7) If the drug involved in the violation is hashish or a	8622
compound, mixture, preparation, or substance containing hashish,	8623
whoever violates division (A) of this section is guilty of	8624
trafficking in hashish. The penalty for the offense shall be	8625
determined as follows:	8626

(a) Except as otherwise provided in division (C)(7)(b), (c),	8627
(d), (e), or (f), or (g) of this section, trafficking in hashish	8628
is a felony of the fifth degree, and division ~~(C)~~(B) of section	8629
2929.13 of the Revised Code applies in determining whether to	8630
impose a prison term on the offender.	8631

(b) Except as otherwise provided in division (C)(7)(c), (d),	8632
(e), or (f), or (g) of this section, if the offense was committed	8633
in the vicinity of a school or in the vicinity of a juvenile,	8634
trafficking in hashish is a felony of the fourth degree, and	8635
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	8636
determining whether to impose a prison term on the offender.	8637

(c) Except as otherwise provided in this division, if the	8638
amount of the drug involved equals or exceeds ten grams but is	8639
less than fifty grams of hashish in a solid form or equals or	8640
exceeds two grams but is less than ten grams of hashish in a	8641
liquid concentrate, liquid extract, or liquid distillate form,	8642
trafficking in hashish is a felony of the fourth degree, and	8643
division ~~(C)~~(B) of section 2929.13 of the Revised Code applies in	8644
determining whether to impose a prison term on the offender. If	8645
the amount of the drug involved is within that range and if the	8646
offense was committed in the vicinity of a school or in the	8647
vicinity of a juvenile, trafficking in hashish is a felony of the	8648
third degree, and division (C) of section 2929.13 of the Revised	8649
Code applies in determining whether to impose a prison term on the	8650
offender.	8651

(d) Except as otherwise provided in this division, if the	8652
amount of the drug involved equals or exceeds fifty grams but is	8653
less than two hundred fifty grams of hashish in a solid form or	8654
equals or exceeds ten grams but is less than fifty grams of	8655
hashish in a liquid concentrate, liquid extract, or liquid	8656
distillate form, trafficking in hashish is a felony of the third	8657
degree, and division (C) of section 2929.13 of the Revised Code	8658
applies in determining whether to impose a prison term on the	8659
offender. If the amount of the drug involved is within that range	8660
and if the offense was committed in the vicinity of a school or in	8661
the vicinity of a juvenile, trafficking in hashish is a felony of	8662
the second degree, and there is a presumption that a prison term	8663
shall be imposed for the offense.	8664

(e) Except as otherwise provided in this division, if the	8665
amount of the drug involved equals or exceeds two hundred fifty	8666
grams but is less than one thousand grams of hashish in a solid	8667
form or equals or exceeds fifty grams but is less than two hundred	8668
grams of hashish in a liquid concentrate, liquid extract, or	8669
liquid distillate form, trafficking in hashish is a felony of the	8670
third degree, and there is a presumption that a prison term shall	8671
be imposed for the offense. If the amount of the drug involved is	8672
within that range and if the offense was committed in the vicinity	8673
of a school or in the vicinity of a juvenile, trafficking in	8674
hashish is a felony of the second degree, and there is a	8675
presumption that a prison term shall be imposed for the offense.	8676

(f) Except as otherwise provided in this division, if the	8677
amount of the drug involved equals or exceeds one thousand grams	8678
but is less than two thousand grams of hashish in a solid form or	8679
equals or exceeds two hundred grams but is less than four hundred	8680
grams of hashish in a liquid concentrate, liquid extract, or	8681
liquid distillate form trafficking in hashish is a felony of the	8682
second degree, and the court shall impose a mandatory prison term	8683
of five, six, seven, or eight years. If the amount of the drug	8684
involved is within that range and if the offense was committed in	8685
the vicinity of a school or in the vicinity of a juvenile,	8686
trafficking in hashish is a felony of the first degree, and the	8687
court shall impose as a mandatory prison term the maximum prison	8688
term prescribed for a felony of the first degree.	8689

(g) Except as otherwise provided in this division, if the	8690
amount of the drug involved equals or exceeds two thousand grams	8691
of hashish in a solid form or equals or exceeds four hundred grams	8692
of hashish in a liquid concentrate, liquid extract, or liquid	8693
distillate form, trafficking in hashish is a felony of the second	8694
degree, and the court shall impose as a mandatory prison term the	8695
maximum prison term prescribed for a felony of the second degree.	8696
If the amount of the drug involved ~~is within that range~~equals or	8697
exceeds two thousand grams of hashish in a solid form or equals or	8698
exceeds four hundred grams of hashish in a liquid concentrate,	8699
liquid extract, or liquid distillate form and if the offense was	8700
committed in the vicinity of a school or in the vicinity of a	8701
juvenile, trafficking in hashish is a felony of the first degree,	8702
and the court shall impose as a mandatory prison term the maximum	8703
prison term prescribed for a felony of the first degree.	8704

(D) In addition to any prison term authorized or required by	8705
division (C) of this section and sections 2929.13 and 2929.14 of	8706
the Revised Code, and in addition to any other sanction imposed	8707
for the offense under this section or sections 2929.11 to 2929.18	8708
of the Revised Code, the court that sentences an offender who is	8709
convicted of or pleads guilty to a violation of division (A) of	8710
this section shall do all of the following that are applicable	8711
regarding the offender:	8712

(1) If the violation of division (A) of this section is a	8713
felony of the first, second, or third degree, the court shall	8714
impose upon the offender the mandatory fine specified for the	8715
offense under division (B)(1) of section 2929.18 of the Revised	8716
Code unless, as specified in that division, the court determines	8717
that the offender is indigent. Except as otherwise provided in	8718
division (H)(1) of this section, a mandatory fine or any other	8719
fine imposed for a violation of this section is subject to	8720
division (F) of this section. If a person is charged with a	8721
violation of this section that is a felony of the first, second,	8722
or third degree, posts bail, and forfeits the bail, the clerk of	8723
the court shall pay the forfeited bail pursuant to divisions	8724
(D)(1) and (F) of this section, as if the forfeited bail was a	8725
fine imposed for a violation of this section. If any amount of the	8726
forfeited bail remains after that payment and if a fine is imposed	8727
under division (H)(1) of this section, the clerk of the court	8728
shall pay the remaining amount of the forfeited bail pursuant to	8729
divisions (H)(2) and (3) of this section, as if that remaining	8730
amount was a fine imposed under division (H)(1) of this section.	8731

(2) The court shall suspend the driver's or commercial	8732
driver's license or permit of the offender in accordance with	8733
division (G) of this section.	8734

(3) If the offender is a professionally licensed person, the	8735
court immediately shall comply with section 2925.38 of the Revised	8736
Code.	8737

(E) When a person is charged with the sale of or offer to	8738
sell a bulk amount or a multiple of a bulk amount of a controlled	8739
substance, the jury, or the court trying the accused, shall	8740
determine the amount of the controlled substance involved at the	8741
time of the offense and, if a guilty verdict is returned, shall	8742
return the findings as part of the verdict. In any such case, it	8743
is unnecessary to find and return the exact amount of the	8744
controlled substance involved, and it is sufficient if the finding	8745
and return is to the effect that the amount of the controlled	8746
substance involved is the requisite amount, or that the amount of	8747
the controlled substance involved is less than the requisite	8748
amount.	8749

(F)(1) Notwithstanding any contrary provision of section	8750
3719.21 of the Revised Code and except as provided in division (H)	8751
of this section, the clerk of the court shall pay any mandatory	8752
fine imposed pursuant to division (D)(1) of this section and any	8753
fine other than a mandatory fine that is imposed for a violation	8754
of this section pursuant to division (A) or (B)(5) of section	8755
2929.18 of the Revised Code to the county, township, municipal	8756
corporation, park district, as created pursuant to section 511.18	8757
or 1545.04 of the Revised Code, or state law enforcement agencies	8758
in this state that primarily were responsible for or involved in	8759
making the arrest of, and in prosecuting, the offender. However,	8760
the clerk shall not pay a mandatory fine so imposed to a law	8761
enforcement agency unless the agency has adopted a written	8762
internal control policy under division (F)(2) of this section that	8763
addresses the use of the fine moneys that it receives. Each agency	8764
shall use the mandatory fines so paid to subsidize the agency's	8765
law enforcement efforts that pertain to drug offenses, in	8766
accordance with the written internal control policy adopted by the	8767
recipient agency under division (F)(2) of this section.	8768

(2)(a) Prior to receiving any fine moneys under division	8769
(F)(1) of this section or division (B) of section 2925.42 of the	8770
Revised Code, a law enforcement agency shall adopt a written	8771
internal control policy that addresses the agency's use and	8772
disposition of all fine moneys so received and that provides for	8773
the keeping of detailed financial records of the receipts of those	8774
fine moneys, the general types of expenditures made out of those	8775
fine moneys, and the specific amount of each general type of	8776
expenditure. The policy shall not provide for or permit the	8777
identification of any specific expenditure that is made in an	8778
ongoing investigation. All financial records of the receipts of	8779
those fine moneys, the general types of expenditures made out of	8780
those fine moneys, and the specific amount of each general type of	8781
expenditure by an agency are public records open for inspection	8782
under section 149.43 of the Revised Code. Additionally, a written	8783
internal control policy adopted under this division is such a	8784
public record, and the agency that adopted it shall comply with	8785
it.	8786

(b) Each law enforcement agency that receives in any calendar	8787
year any fine moneys under division (F)(1) of this section or	8788
division (B) of section 2925.42 of the Revised Code shall prepare	8789
a report covering the calendar year that cumulates all of the	8790
information contained in all of the public financial records kept	8791
by the agency pursuant to division (F)(2)(a) of this section for	8792
that calendar year, and shall send a copy of the cumulative	8793
report, no later than the first day of March in the calendar year	8794
following the calendar year covered by the report, to the attorney	8795
general. Each report received by the attorney general is a public	8796
record open for inspection under section 149.43 of the Revised	8797
Code. Not later than the fifteenth day of April in the calendar	8798
year in which the reports are received, the attorney general shall	8799
send to the president of the senate and the speaker of the house	8800
of representatives a written notification that does all of the	8801
following:	8802

(i) Indicates that the attorney general has received from law	8803
enforcement agencies reports of the type described in this	8804
division that cover the previous calendar year and indicates that	8805
the reports were received under this division;	8806

(ii) Indicates that the reports are open for inspection under	8807
section 149.43 of the Revised Code;	8808

(iii) Indicates that the attorney general will provide a copy	8809
of any or all of the reports to the president of the senate or the	8810
speaker of the house of representatives upon request.	8811

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

8812

(a) "Law enforcement agencies" includes, but is not limited	8813
to, the state board of pharmacy and the office of a prosecutor.	8814

(b) "Prosecutor" has the same meaning as in section 2935.01	8815
of the Revised Code.	8816

(G) When required under division (D)(2) of this section or	8817
any other provision of this chapter, the court shall suspend for	8818
not less than six months or more than five years the driver's or	8819
commercial driver's license or permit of any person who is	8820
convicted of or pleads guilty to any violation of this section or	8821
any other specified provision of this chapter. If an offender's	8822
driver's or commercial driver's license or permit is suspended	8823
pursuant to this division, the offender, at any time after the	8824
expiration of two years from the day on which the offender's	8825
sentence was imposed or from the day on which the offender finally	8826
was released from a prison term under the sentence, whichever is	8827
later, may file a motion with the sentencing court requesting	8828
termination of the suspension; upon the filing of such a motion	8829
and the court's finding of good cause for the termination, the	8830
court may terminate the suspension.	8831

(H)(1) In addition to any prison term authorized or required	8832
by division (C) of this section and sections 2929.13 and 2929.14	8833
of the Revised Code, in addition to any other penalty or sanction	8834
imposed for the offense under this section or sections 2929.11 to	8835
2929.18 of the Revised Code, and in addition to the forfeiture of	8836
property in connection with the offense as prescribed in Chapter	8837
2981. of the Revised Code, the court that sentences an offender	8838
who is convicted of or pleads guilty to a violation of division	8839
(A) of this section may impose upon the offender an additional	8840
fine specified for the offense in division (B)(4) of section	8841
2929.18 of the Revised Code. A fine imposed under division (H)(1)	8842
of this section is not subject to division (F) of this section and	8843
shall be used solely for the support of one or more eligible	8844
alcohol and drug addiction programs in accordance with divisions	8845
(H)(2) and (3) of this section.	8846

(2) The court that imposes a fine under division (H)(1) of	8847
this section shall specify in the judgment that imposes the fine	8848
one or more eligible alcohol and drug addiction programs for the	8849
support of which the fine money is to be used. No alcohol and drug	8850
addiction program shall receive or use money paid or collected in	8851
satisfaction of a fine imposed under division (H)(1) of this	8852
section unless the program is specified in the judgment that	8853
imposes the fine. No alcohol and drug addiction program shall be	8854
specified in the judgment unless the program is an eligible	8855
alcohol and drug addiction program and, except as otherwise	8856
provided in division (H)(2) of this section, unless the program is	8857
located in the county in which the court that imposes the fine is	8858
located or in a county that is immediately contiguous to the	8859
county in which that court is located. If no eligible alcohol and	8860
drug addiction program is located in any of those counties, the	8861
judgment may specify an eligible alcohol and drug addiction	8862
program that is located anywhere within this state.	8863

(3) Notwithstanding any contrary provision of section 3719.21	8864
of the Revised Code, the clerk of the court shall pay any fine	8865
imposed under division (H)(1) of this section to the eligible	8866
alcohol and drug addiction program specified pursuant to division	8867
(H)(2) of this section in the judgment. The eligible alcohol and	8868
drug addiction program that receives the fine moneys shall use the	8869
moneys only for the alcohol and drug addiction services identified	8870
in the application for certification under section 3793.06 of the	8871
Revised Code or in the application for a license under section	8872
3793.11 of the Revised Code filed with the department of alcohol	8873
and drug addiction services by the alcohol and drug addiction	8874
program specified in the judgment.	8875

(4) Each alcohol and drug addiction program that receives in	8876
a calendar year any fine moneys under division (H)(3) of this	8877
section shall file an annual report covering that calendar year	8878
with the court of common pleas and the board of county	8879
commissioners of the county in which the program is located, with	8880
the court of common pleas and the board of county commissioners of	8881
each county from which the program received the moneys if that	8882
county is different from the county in which the program is	8883
located, and with the attorney general. The alcohol and drug	8884
addiction program shall file the report no later than the first	8885
day of March in the calendar year following the calendar year in	8886
which the program received the fine moneys. The report shall	8887
include statistics on the number of persons served by the alcohol	8888
and drug addiction program, identify the types of alcohol and drug	8889
addiction services provided to those persons, and include a	8890
specific accounting of the purposes for which the fine moneys	8891
received were used. No information contained in the report shall	8892
identify, or enable a person to determine the identity of, any	8893
person served by the alcohol and drug addiction program. Each	8894
report received by a court of common pleas, a board of county	8895
commissioners, or the attorney general is a public record open for	8896
inspection under section 149.43 of the Revised Code.	8897

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

8898

(a) "Alcohol and drug addiction program" and "alcohol and	8899
drug addiction services" have the same meanings as in section	8900
3793.01 of the Revised Code.	8901

(b) "Eligible alcohol and drug addiction program" means an	8902
alcohol and drug addiction program that is certified under section	8903
3793.06 of the Revised Code or licensed under section 3793.11 of	8904
the Revised Code by the department of alcohol and drug addiction	8905
services.	8906

(I) As used in this section, "drug" includes any substance	8907
that is represented to be a drug.	8908

Sec. 2925.05. (A) No person shall knowingly provide money or	8909
other items of value to another person with the purpose that the	8910
recipient of the money or items of value use them to obtain any	8911
controlled substance for the purpose of violating section 2925.04	8912
of the Revised Code or for the purpose of selling or offering to	8913
sell the controlled substance in the following amount:	8914

(1) If the drug to be sold or offered for sale is any	8915
compound, mixture, preparation, or substance included in schedule	8916
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	8917
and hashish, or schedule III, IV, or V, an amount of the drug that	8918
equals or exceeds the bulk amount of the drug;	8919

(2) If the drug to be sold or offered for sale is marihuana	8920
or a compound, mixture, preparation, or substance other than	8921
hashish containing marihuana, an amount of the marihuana that	8922
equals or exceeds two hundred grams;	8923

(3) If the drug to be sold or offered for sale is cocaine or	8924
a compound, mixture, preparation, or substance containing cocaine,	8925
an amount of the cocaine that equals or exceeds five grams ~~if the~~	8926
~~cocaine is not crack cocaine or equals or exceeds one gram if the~~	8927
~~cocaine is crack cocaine~~;	8928

(4) If the drug to be sold or offered for sale is L.S.D. or a	8929
compound, mixture, preparation, or substance containing L.S.D., an	8930
amount of the L.S.D. that equals or exceeds ten unit doses if the	8931
L.S.D. is in a solid form or equals or exceeds one gram if the	8932
L.S.D. is in a liquid concentrate, liquid extract, or liquid	8933
distillate form;	8934

(5) If the drug to be sold or offered for sale is heroin or a	8935
compound, mixture, preparation, or substance containing heroin, an	8936
amount of the heroin that equals or exceeds ten unit doses or	8937
equals or exceeds one gram;	8938

(6) If the drug to be sold or offered for sale is hashish or	8939
a compound, mixture, preparation, or substance containing hashish,	8940
an amount of the hashish that equals or exceeds ten grams if the	8941
hashish is in a solid form or equals or exceeds two grams if the	8942
hashish is in a liquid concentrate, liquid extract, or liquid	8943
distillate form.	8944

(B) This section does not apply to any person listed in	8945
division (B)(1), (2), or (3) of section 2925.03 of the Revised	8946
Code to the extent and under the circumstances described in those	8947
divisions.	8948

(C)(1) If the drug involved in the violation is any compound,	8949
mixture, preparation, or substance included in schedule I or II,	8950
with the exception of marihuana, whoever violates division (A) of	8951
this section is guilty of aggravated funding of drug trafficking,	8952
a felony of the first degree, and, subject to division (E) of this	8953
section, the court shall impose as a mandatory prison term one of	8954
the prison terms prescribed for a felony of the first degree.	8955

(2) If the drug involved in the violation is any compound,	8956
mixture, preparation, or substance included in schedule III, IV,	8957
or V, whoever violates division (A) of this section is guilty of	8958
funding of drug trafficking, a felony of the second degree, and	8959
the court shall impose as a mandatory prison term one of the	8960
prison terms prescribed for a felony of the second degree.	8961

(3) If the drug involved in the violation is marihuana,	8962
whoever violates division (A) of this section is guilty of funding	8963
of marihuana trafficking, a felony of the third degree, and the	8964
court shall impose as a mandatory prison term one of the prison	8965
terms prescribed for a felony of the third degree.	8966

(D) In addition to any prison term authorized or required by	8967
division (C) or (E) of this section and sections 2929.13 and	8968
2929.14 of the Revised Code and in addition to any other sanction	8969
imposed for the offense under this section or sections 2929.11 to	8970
2929.18 of the Revised Code, the court that sentences an offender	8971
who is convicted of or pleads guilty to a violation of division	8972
(A) of this section shall do all of the following that are	8973
applicable regarding the offender:	8974

(1) The court shall impose the mandatory fine specified for	8975
the offense under division (B)(1) of section 2929.18 of the	8976
Revised Code unless, as specified in that division, the court	8977
determines that the offender is indigent. The clerk of the court	8978
shall pay a mandatory fine or other fine imposed for a violation	8979
of this section pursuant to division (A) of section 2929.18 of the	8980
Revised Code in accordance with and subject to the requirements of	8981
division (F) of section 2925.03 of the Revised Code. The agency	8982
that receives the fine shall use the fine in accordance with	8983
division (F) of section 2925.03 of the Revised Code. If a person	8984
is charged with a violation of this section, posts bail, and	8985
forfeits the bail, the forfeited bail shall be paid as if the	8986
forfeited bail were a fine imposed for a violation of this	8987
section.	8988

(2) The court shall suspend the offender's driver's or	8989
commercial driver's license or permit in accordance with division	8990
(G) of section 2925.03 of the Revised Code. If an offender's	8991
driver's or commercial driver's license or permit is suspended in	8992
accordance with that division, the offender may request	8993
termination of, and the court may terminate, the suspension in	8994
accordance with that division.	8995

(3) If the offender is a professionally licensed person, the	8996
court immediately shall comply with section 2925.38 of the Revised	8997
Code.	8998

(E) Notwithstanding the prison term otherwise authorized or	8999
required for the offense under division (C) of this section and	9000
sections 2929.13 and 2929.14 of the Revised Code, if the violation	9001
of division (A) of this section involves the sale, offer to sell,	9002
or possession of a schedule I or II controlled substance, with the	9003
exception of marihuana, and if the court imposing sentence upon	9004
the offender finds that the offender as a result of the violation	9005
is a major drug offender and is guilty of a specification of the	9006
type described in section 2941.1410 of the Revised Code, the	9007
court, in lieu of the prison term otherwise authorized or	9008
required, shall impose upon the offender the mandatory prison term	9009
specified in division (D)(3)(a) of section 2929.14 of the Revised	9010
Code and may impose an additional prison term under division	9011
(D)(3)(b) of that section.	9012

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	9013
or use a controlled substance.	9014

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

9015

(1) Manufacturers, licensed health professionals authorized	9016
to prescribe drugs, pharmacists, owners of pharmacies, and other	9017
persons whose conduct was in accordance with Chapters 3719.,	9018
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	9019

(2) If the offense involves an anabolic steroid, any person	9020
who is conducting or participating in a research project involving	9021
the use of an anabolic steroid if the project has been approved by	9022
the United States food and drug administration;	9023

(3) Any person who sells, offers for sale, prescribes,	9024
dispenses, or administers for livestock or other nonhuman species	9025
an anabolic steroid that is expressly intended for administration	9026
through implants to livestock or other nonhuman species and	9027
approved for that purpose under the "Federal Food, Drug, and	9028
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	9029
and is sold, offered for sale, prescribed, dispensed, or	9030
administered for that purpose in accordance with that act;	9031

(4) Any person who obtained the controlled substance pursuant	9032
to a lawful prescription issued by a licensed health professional	9033
authorized to prescribe drugs.	9034

(C) Whoever violates division (A) of this section is guilty	9035
of one of the following:	9036

(1) If the drug involved in the violation is a compound,	9037
mixture, preparation, or substance included in schedule I or II,	9038
with the exception of marihuana, cocaine, L.S.D., heroin, and	9039
hashish, whoever violates division (A) of this section is guilty	9040
of aggravated possession of drugs. The penalty for the offense	9041
shall be determined as follows:	9042

(a) Except as otherwise provided in division (C)(1)(b), (c),	9043
(d), or (e) of this section, aggravated possession of drugs is a	9044
felony of the fifth degree, and division (B) of section 2929.13 of	9045
the Revised Code applies in determining whether to impose a prison	9046
term on the offender.	9047

(b) If the amount of the drug involved equals or exceeds the	9048
bulk amount but is less than five times the bulk amount,	9049
aggravated possession of drugs is a felony of the third degree,	9050
and there is a presumption for a prison term for the offense.	9051

(c) If the amount of the drug involved equals or exceeds five	9052
times the bulk amount but is less than fifty times the bulk	9053
amount, aggravated possession of drugs is a felony of the second	9054
degree, and the court shall impose as a mandatory prison term one	9055
of the prison terms prescribed for a felony of the second degree.	9056

(d) If the amount of the drug involved equals or exceeds	9057
fifty times the bulk amount but is less than one hundred times the	9058
bulk amount, aggravated possession of drugs is a felony of the	9059
first degree, and the court shall impose as a mandatory prison	9060
term one of the prison terms prescribed for a felony of the first	9061
degree.	9062

(e) If the amount of the drug involved equals or exceeds one	9063
hundred times the bulk amount, aggravated possession of drugs is a	9064
felony of the first degree, the offender is a major drug offender,	9065
and the court shall impose as a mandatory prison term the maximum	9066
prison term prescribed for a felony of the first degree and may	9067
impose an additional mandatory prison term prescribed for a major	9068
drug offender under division (D)(3)(b) of section 2929.14 of the	9069
Revised Code.	9070

(2) If the drug involved in the violation is a compound,	9071
mixture, preparation, or substance included in schedule III, IV,	9072
or V, whoever violates division (A) of this section is guilty of	9073
possession of drugs. The penalty for the offense shall be	9074
determined as follows:	9075

(a) Except as otherwise provided in division (C)(2)(b), (c),	9076
or (d) of this section, possession of drugs is a misdemeanor of	9077
the first degree or, if the offender previously has been convicted	9078
of a drug abuse offense, a felony of the fifth degree.	9079

(b) If the amount of the drug involved equals or exceeds the	9080
bulk amount but is less than five times the bulk amount,	9081
possession of drugs is a felony of the fourth degree, and division	9082
(C) of section 2929.13 of the Revised Code applies in determining	9083
whether to impose a prison term on the offender.	9084

(c) If the amount of the drug involved equals or exceeds five	9085
times the bulk amount but is less than fifty times the bulk	9086
amount, possession of drugs is a felony of the third degree, and	9087
there is a presumption for a prison term for the offense.	9088

(d) If the amount of the drug involved equals or exceeds	9089
fifty times the bulk amount, possession of drugs is a felony of	9090
the second degree, and the court shall impose upon the offender as	9091
a mandatory prison term one of the prison terms prescribed for a	9092
felony of the second degree.	9093

(3) If the drug involved in the violation is marihuana or a	9094
compound, mixture, preparation, or substance containing marihuana	9095
other than hashish, whoever violates division (A) of this section	9096
is guilty of possession of marihuana. The penalty for the offense	9097
shall be determined as follows:	9098

(a) Except as otherwise provided in division (C)(3)(b), (c),	9099
(d), (e), or (f), or (g) of this section, possession of marihuana	9100
is a minor misdemeanor.	9101

(b) If the amount of the drug involved equals or exceeds one	9102
hundred grams but is less than two hundred grams, possession of	9103
marihuana is a misdemeanor of the fourth degree.	9104

(c) If the amount of the drug involved equals or exceeds two	9105
hundred grams but is less than one thousand grams, possession of	9106
marihuana is a felony of the fifth degree, and division (B) of	9107
section 2929.13 of the Revised Code applies in determining whether	9108
to impose a prison term on the offender.	9109

(d) If the amount of the drug involved equals or exceeds one	9110
thousand grams but is less than five thousand grams, possession of	9111
marihuana is a felony of the third degree, and division (C) of	9112
section 2929.13 of the Revised Code applies in determining whether	9113
to impose a prison term on the offender.	9114

(e) If the amount of the drug involved equals or exceeds five	9115
thousand grams but is less than twenty thousand grams, possession	9116
of marihuana is a felony of the third degree, and there is a	9117
presumption that a prison term shall be imposed for the offense.	9118

(f) If the amount of the drug involved equals or exceeds	9119
twenty thousand grams but is less than forty thousand grams,	9120
possession of marihuana is a felony of the second degree, and the	9121
court shall impose a mandatory prison term of five, six, seven, or	9122
eight years.	9123

(g) If the amount of the drug involved equals or exceeds	9124
forty thousand grams, possession of marihuana is a felony of the	9125
second degree, and the court shall impose as a mandatory prison	9126
term the maximum prison term prescribed for a felony of the second	9127
degree.	9128

(4) If the drug involved in the violation is cocaine or a	9129
compound, mixture, preparation, or substance containing cocaine,	9130
whoever violates division (A) of this section is guilty of	9131
possession of cocaine. The penalty for the offense shall be	9132
determined as follows:	9133

(a) Except as otherwise provided in division (C)(4)(b), (c),	9134
(d), (e), or (f) of this section, possession of cocaine is a	9135
felony of the fifth degree, and division (B) of section 2929.13 of	9136
the Revised Code applies in determining whether to impose a prison	9137
term on the offender.	9138

(b) If the amount of the drug involved equals or exceeds five	9139
grams but is less than ~~twenty-five~~ten grams of cocaine ~~that is~~	9140
~~not crack cocaine or equals or exceeds one gram but is less than~~	9141
~~five grams of crack cocaine~~, possession of cocaine is a felony of	9142
the fourth degree, and ~~there is a presumption for a prison term~~	9143
~~for the offense~~division (B) of section 2929.13 of the Revised	9144
Code applies in determining whether to impose a prison term on the	9145
offender.	9146

(c) If the amount of the drug involved equals or exceeds	9147
~~twenty-five~~ten grams but is less than ~~one hundred~~twenty grams of	9148
cocaine ~~that is not crack cocaine or equals or exceeds five grams~~	9149
~~but is less than ten grams of crack cocaine~~, possession of cocaine	9150
is a felony of the third degree, and the court shall impose as a	9151
mandatory prison term one of the prison terms prescribed for a	9152
felony of the third degree.	9153

(d) If the amount of the drug involved equals or exceeds ~~one~~	9154
~~hundred~~twenty grams but is less than ~~five hundred~~twenty-seven	9155
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	9156
~~ten grams but is less than twenty-five grams of crack cocaine~~,	9157
possession of cocaine is a felony of the second degree, and the	9158
court shall impose as a mandatory prison term one of the prison	9159
terms prescribed for a felony of the second degree.	9160

(e) If the amount of the drug involved equals or exceeds ~~five~~	9161
~~hundred~~twenty-seven grams but is less than one ~~thousand~~hundred	9162
grams of cocaine ~~that is not crack cocaine or equals or exceeds~~	9163
~~twenty-five grams but is less than one hundred grams of crack~~	9164
~~cocaine~~, possession of cocaine is a felony of the first degree,	9165
and the court shall impose as a mandatory prison term one of the	9166
prison terms prescribed for a felony of the first degree.	9167

(f) If the amount of the drug involved equals or exceeds one	9168
~~thousand~~hundred grams of cocaine ~~that is not crack cocaine or~~	9169
~~equals or exceeds one hundred grams of crack cocaine~~, possession	9170
of cocaine is a felony of the first degree, the offender is a	9171
major drug offender, and the court shall impose as a mandatory	9172
prison term the maximum prison term prescribed for a felony of the	9173
first degree and may impose an additional mandatory prison term	9174
prescribed for a major drug offender under division (D)(3)(b) of	9175
section 2929.14 of the Revised Code.	9176

(5) If the drug involved in the violation is L.S.D., whoever	9177
violates division (A) of this section is guilty of possession of	9178
L.S.D. The penalty for the offense shall be determined as follows:	9179

(a) Except as otherwise provided in division (C)(5)(b), (c),	9180
(d), (e), or (f) of this section, possession of L.S.D. is a felony	9181
of the fifth degree, and division (B) of section 2929.13 of the	9182
Revised Code applies in determining whether to impose a prison	9183
term on the offender.	9184

(b) If the amount of L.S.D. involved equals or exceeds ten	9185
unit doses but is less than fifty unit doses of L.S.D. in a solid	9186
form or equals or exceeds one gram but is less than five grams of	9187
L.S.D. in a liquid concentrate, liquid extract, or liquid	9188
distillate form, possession of L.S.D. is a felony of the fourth	9189
degree, and division (C) of section 2929.13 of the Revised Code	9190
applies in determining whether to impose a prison term on the	9191
offender.	9192

(c) If the amount of L.S.D. involved equals or exceeds fifty	9193
unit doses, but is less than two hundred fifty unit doses of	9194
L.S.D. in a solid form or equals or exceeds five grams but is less	9195
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	9196
extract, or liquid distillate form, possession of L.S.D. is a	9197
felony of the third degree, and there is a presumption for a	9198
prison term for the offense.	9199

(d) If the amount of L.S.D. involved equals or exceeds two	9200
hundred fifty unit doses but is less than one thousand unit doses	9201
of L.S.D. in a solid form or equals or exceeds twenty-five grams	9202
but is less than one hundred grams of L.S.D. in a liquid	9203
concentrate, liquid extract, or liquid distillate form, possession	9204
of L.S.D. is a felony of the second degree, and the court shall	9205
impose as a mandatory prison term one of the prison terms	9206
prescribed for a felony of the second degree.	9207

(e) If the amount of L.S.D. involved equals or exceeds one	9208
thousand unit doses but is less than five thousand unit doses of	9209
L.S.D. in a solid form or equals or exceeds one hundred grams but	9210
is less than five hundred grams of L.S.D. in a liquid concentrate,	9211
liquid extract, or liquid distillate form, possession of L.S.D. is	9212
a felony of the first degree, and the court shall impose as a	9213
mandatory prison term one of the prison terms prescribed for a	9214
felony of the first degree.	9215

(f) If the amount of L.S.D. involved equals or exceeds five	9216
thousand unit doses of L.S.D. in a solid form or equals or exceeds	9217
five hundred grams of L.S.D. in a liquid concentrate, liquid	9218
extract, or liquid distillate form, possession of L.S.D. is a	9219
felony of the first degree, the offender is a major drug offender,	9220
and the court shall impose as a mandatory prison term the maximum	9221
prison term prescribed for a felony of the first degree and may	9222
impose an additional mandatory prison term prescribed for a major	9223
drug offender under division (D)(3)(b) of section 2929.14 of the	9224
Revised Code.	9225

(6) If the drug involved in the violation is heroin or a	9226
compound, mixture, preparation, or substance containing heroin,	9227
whoever violates division (A) of this section is guilty of	9228
possession of heroin. The penalty for the offense shall be	9229
determined as follows:	9230

(a) Except as otherwise provided in division (C)(6)(b), (c),	9231
(d), (e), or (f) of this section, possession of heroin is a felony	9232
of the fifth degree, and division (B) of section 2929.13 of the	9233
Revised Code applies in determining whether to impose a prison	9234
term on the offender.	9235

(b) If the amount of the drug involved equals or exceeds ten	9236
unit doses but is less than fifty unit doses or equals or exceeds	9237
one gram but is less than five grams, possession of heroin is a	9238
felony of the fourth degree, and division (C) of section 2929.13	9239
of the Revised Code applies in determining whether to impose a	9240
prison term on the offender.	9241

(c) If the amount of the drug involved equals or exceeds	9242
fifty unit doses but is less than one hundred unit doses or equals	9243
or exceeds five grams but is less than ten grams, possession of	9244
heroin is a felony of the third degree, and there is a presumption	9245
for a prison term for the offense.	9246

(d) If the amount of the drug involved equals or exceeds one	9247
hundred unit doses but is less than five hundred unit doses or	9248
equals or exceeds ten grams but is less than fifty grams,	9249
possession of heroin is a felony of the second degree, and the	9250
court shall impose as a mandatory prison term one of the prison	9251
terms prescribed for a felony of the second degree.	9252

(e) If the amount of the drug involved equals or exceeds five	9253
hundred unit doses but is less than two thousand five hundred unit	9254
doses or equals or exceeds fifty grams but is less than two	9255
hundred fifty grams, possession of heroin is a felony of the first	9256
degree, and the court shall impose as a mandatory prison term one	9257
of the prison terms prescribed for a felony of the first degree.	9258

(f) If the amount of the drug involved equals or exceeds two	9259
thousand five hundred unit doses or equals or exceeds two hundred	9260
fifty grams, possession of heroin is a felony of the first degree,	9261
the offender is a major drug offender, and the court shall impose	9262
as a mandatory prison term the maximum prison term prescribed for	9263
a felony of the first degree and may impose an additional	9264
mandatory prison term prescribed for a major drug offender under	9265
division (D)(3)(b) of section 2929.14 of the Revised Code.	9266

(7) If the drug involved in the violation is hashish or a	9267
compound, mixture, preparation, or substance containing hashish,	9268
whoever violates division (A) of this section is guilty of	9269
possession of hashish. The penalty for the offense shall be	9270
determined as follows:	9271

(a) Except as otherwise provided in division (C)(7)(b), (c),	9272
(d), (e), or (f), or (g) of this section, possession of hashish is	9273
a minor misdemeanor.	9274

(b) If the amount of the drug involved equals or exceeds five	9275
grams but is less than ten grams of hashish in a solid form or	9276
equals or exceeds one gram but is less than two grams of hashish	9277
in a liquid concentrate, liquid extract, or liquid distillate	9278
form, possession of hashish is a misdemeanor of the fourth degree.	9279

(c) If the amount of the drug involved equals or exceeds ten	9280
grams but is less than fifty grams of hashish in a solid form or	9281
equals or exceeds two grams but is less than ten grams of hashish	9282
in a liquid concentrate, liquid extract, or liquid distillate	9283
form, possession of hashish is a felony of the fifth degree, and	9284
division (B) of section 2929.13 of the Revised Code applies in	9285
determining whether to impose a prison term on the offender.	9286

(d) If the amount of the drug involved equals or exceeds	9287
fifty grams but is less than two hundred fifty grams of hashish in	9288
a solid form or equals or exceeds ten grams but is less than fifty	9289
grams of hashish in a liquid concentrate, liquid extract, or	9290
liquid distillate form, possession of hashish is a felony of the	9291
third degree, and division (C) of section 2929.13 of the Revised	9292
Code applies in determining whether to impose a prison term on the	9293
offender.	9294

(e) If the amount of the drug involved equals or exceeds two	9295
hundred fifty grams but is less than one thousand grams of hashish	9296
in a solid form or equals or exceeds fifty grams but is less than	9297
two hundred grams of hashish in a liquid concentrate, liquid	9298
extract, or liquid distillate form, possession of hashish is a	9299
felony of the third degree, and there is a presumption that a	9300
prison term shall be imposed for the offense.	9301

(f) If the amount of the drug involved equals or exceeds one	9302
thousand grams but is less than two thousand grams of hashish in a	9303
solid form or equals or exceeds two hundred grams but is less than	9304
four hundred grams of hashish in a liquid concentrate, liquid	9305
extract, or liquid distillate form, possession of hashish is a	9306
felony of the second degree, and the court shall impose a	9307
mandatory prison term of five, six, seven, or eight years.	9308

(g) If the amount of the drug involved equals or exceeds two	9309
thousand grams of hashish in a solid form or equals or exceeds	9310
four hundred grams of hashish in a liquid concentrate, liquid	9311
extract, or liquid distillate form, possession of hashish is a	9312
felony of the second degree, and the court shall impose as a	9313
mandatory prison term the maximum prison term prescribed for a	9314
felony of the second degree.	9315

(D) Arrest or conviction for a minor misdemeanor violation of	9316
this section does not constitute a criminal record and need not be	9317
reported by the person so arrested or convicted in response to any	9318
inquiries about the person's criminal record, including any	9319
inquiries contained in any application for employment, license, or	9320
other right or privilege, or made in connection with the person's	9321
appearance as a witness.	9322

(E) In addition to any prison term or jail term authorized or	9323
required by division (C) of this section and sections 2929.13,	9324
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	9325
addition to any other sanction that is imposed for the offense	9326
under this section, sections 2929.11 to 2929.18, or sections	9327
2929.21 to 2929.28 of the Revised Code, the court that sentences	9328
an offender who is convicted of or pleads guilty to a violation of	9329
division (A) of this section shall do all of the following that	9330
are applicable regarding the offender:	9331

(1)(a) If the violation is a felony of the first, second, or	9332
third degree, the court shall impose upon the offender the	9333
mandatory fine specified for the offense under division (B)(1) of	9334
section 2929.18 of the Revised Code unless, as specified in that	9335
division, the court determines that the offender is indigent.	9336

(b) Notwithstanding any contrary provision of section 3719.21	9337
of the Revised Code, the clerk of the court shall pay a mandatory	9338
fine or other fine imposed for a violation of this section	9339
pursuant to division (A) of section 2929.18 of the Revised Code in	9340
accordance with and subject to the requirements of division (F) of	9341
section 2925.03 of the Revised Code. The agency that receives the	9342
fine shall use the fine as specified in division (F) of section	9343
2925.03 of the Revised Code.	9344

(c) If a person is charged with a violation of this section	9345
that is a felony of the first, second, or third degree, posts	9346
bail, and forfeits the bail, the clerk shall pay the forfeited	9347
bail pursuant to division (E)(1)(b) of this section as if it were	9348
a mandatory fine imposed under division (E)(1)(a) of this section.	9349

(2) The court shall suspend for not less than six months or	9350
more than five years the offender's driver's or commercial	9351
driver's license or permit.	9352

(3) If the offender is a professionally licensed person, in	9353
addition to any other sanction imposed for a violation of this	9354
section, the court immediately shall comply with section 2925.38	9355
of the Revised Code.	9356

(F) It is an affirmative defense, as provided in section	9357
2901.05 of the Revised Code, to a charge of a fourth degree felony	9358
violation under this section that the controlled substance that	9359
gave rise to the charge is in an amount, is in a form, is	9360
prepared, compounded, or mixed with substances that are not	9361
controlled substances in a manner, or is possessed under any other	9362
circumstances, that indicate that the substance was possessed	9363
solely for personal use. Notwithstanding any contrary provision of	9364
this section, if, in accordance with section 2901.05 of the	9365
Revised Code, an accused who is charged with a fourth degree	9366
felony violation of division (C)(2), (4), (5), or (6) of this	9367
section sustains the burden of going forward with evidence of and	9368
establishes by a preponderance of the evidence the affirmative	9369
defense described in this division, the accused may be prosecuted	9370
for and may plead guilty to or be convicted of a misdemeanor	9371
violation of division (C)(2) of this section or a fifth degree	9372
felony violation of division (C)(4), (5), or (6) of this section	9373
respectively.	9374

(G) When a person is charged with possessing a bulk amount or	9375
multiple of a bulk amount, division (E) of section 2925.03 of the	9376
Revised Code applies regarding the determination of the amount of	9377
the controlled substance involved at the time of the offense.	9378

Sec. 2929.01. As used in this chapter:

9379

(A)(1) "Alternative residential facility" means, subject to	9380
division (A)(2) of this section, any facility other than an	9381
offender's home or residence in which an offender is assigned to	9382
live and that satisfies all of the following criteria:	9383

(a) It provides programs through which the offender may seek	9384
or maintain employment or may receive education, training,	9385
treatment, or habilitation.	9386

(b) It has received the appropriate license or certificate	9387
for any specialized education, training, treatment, habilitation,	9388
or other service that it provides from the government agency that	9389
is responsible for licensing or certifying that type of education,	9390
training, treatment, habilitation, or service.	9391

(2) "Alternative residential facility" does not include a	9392
community-based correctional facility, jail, halfway house, or	9393
prison.	9394

(B) "Basic probation supervision" means a requirement that	9395
the offender maintain contact with a person appointed to supervise	9396
the offender in accordance with sanctions imposed by the court or	9397
imposed by the parole board pursuant to section 2967.28 of the	9398
Revised Code. "Basic probation supervision" includes basic parole	9399
supervision and basic post-release control supervision.	9400

(C) "Cocaine," ~~"crack cocaine,"~~ "hashish," "L.S.D.," and	9401
"unit dose" have the same meanings as in section 2925.01 of the	9402
Revised Code.	9403

(D) "Community-based correctional facility" means a	9404
community-based correctional facility and program or district	9405
community-based correctional facility and program developed	9406
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	9407

(E) "Community control sanction" means a sanction that is not	9408
a prison term and that is described in section 2929.15, 2929.16,	9409
2929.17, or 2929.18 of the Revised Code or a sanction that is not	9410
a jail term and that is described in section 2929.26, 2929.27, or	9411
2929.28 of the Revised Code. "Community control sanction" includes	9412
probation if the sentence involved was imposed for a felony that	9413
was committed prior to July 1, 1996, or if the sentence involved	9414
was imposed for a misdemeanor that was committed prior to January	9415
1, 2004.	9416

(F) "Controlled substance," "marihuana," "schedule I," and	9417
"schedule II" have the same meanings as in section 3719.01 of the	9418
Revised Code.	9419

(G) "Curfew" means a requirement that an offender during a	9420
specified period of time be at a designated place.	9421

(H) "Day reporting" means a sanction pursuant to which an	9422
offender is required each day to report to and leave a center or	9423
other approved reporting location at specified times in order to	9424
participate in work, education or training, treatment, and other	9425
approved programs at the center or outside the center.	9426

(I) "Deadly weapon" has the same meaning as in section	9427
2923.11 of the Revised Code.	9428

(J) "Drug and alcohol use monitoring" means a program under	9429
which an offender agrees to submit to random chemical analysis of	9430
the offender's blood, breath, or urine to determine whether the	9431
offender has ingested any alcohol or other drugs.	9432

(K) "Drug treatment program" means any program under which a	9433
person undergoes assessment and treatment designed to reduce or	9434
completely eliminate the person's physical or emotional reliance	9435
upon alcohol, another drug, or alcohol and another drug and under	9436
which the person may be required to receive assessment and	9437
treatment on an outpatient basis or may be required to reside at a	9438
facility other than the person's home or residence while	9439
undergoing assessment and treatment.	9440

(L) "Economic loss" means any economic detriment suffered by	9441
a victim as a direct and proximate result of the commission of an	9442
offense and includes any loss of income due to lost time at work	9443
because of any injury caused to the victim, and any property loss,	9444
medical cost, or funeral expense incurred as a result of the	9445
commission of the offense. "Economic loss" does not include	9446
non-economic loss or any punitive or exemplary damages.	9447

(M) "Education or training" includes study at, or in	9448
conjunction with a program offered by, a university, college, or	9449
technical college or vocational study and also includes the	9450
completion of primary school, secondary school, and literacy	9451
curricula or their equivalent.	9452

(N) "Firearm" has the same meaning as in section 2923.11 of	9453
the Revised Code.	9454

(O) "Halfway house" means a facility licensed by the division	9455
of parole and community services of the department of	9456
rehabilitation and correction pursuant to section 2967.14 of the	9457
Revised Code as a suitable facility for the care and treatment of	9458
adult offenders.	9459

(P) "House arrest" means a period of confinement of an	9460
offender that is in the offender's home or in other premises	9461
specified by the sentencing court or by the parole board pursuant	9462
to section 2967.28 of the Revised Code and during which all of the	9463
following apply:	9464

(1) The offender is required to remain in the offender's home	9465
or other specified premises for the specified period of	9466
confinement, except for periods of time during which the offender	9467
is at the offender's place of employment or at other premises as	9468
authorized by the sentencing court or by the parole board.	9469

(2) The offender is required to report periodically to a	9470
person designated by the court or parole board.	9471

(3) The offender is subject to any other restrictions and	9472
requirements that may be imposed by the sentencing court or by the	9473
parole board.	9474

(Q) "Intensive probation supervision" means a requirement	9475
that an offender maintain frequent contact with a person appointed	9476
by the court, or by the parole board pursuant to section 2967.28	9477
of the Revised Code, to supervise the offender while the offender	9478
is seeking or maintaining necessary employment and participating	9479
in training, education, and treatment programs as required in the	9480
court's or parole board's order. "Intensive probation supervision"	9481
includes intensive parole supervision and intensive post-release	9482
control supervision.	9483

(R) "Jail" means a jail, workhouse, minimum security jail, or	9484
other residential facility used for the confinement of alleged or	9485
convicted offenders that is operated by a political subdivision or	9486
a combination of political subdivisions of this state.	9487

(S) "Jail term" means the term in a jail that a sentencing	9488
court imposes or is authorized to impose pursuant to section	9489
2929.24 or 2929.25 of the Revised Code or pursuant to any other	9490
provision of the Revised Code that authorizes a term in a jail for	9491
a misdemeanor conviction.	9492

(T) "Mandatory jail term" means the term in a jail that a	9493
sentencing court is required to impose pursuant to division (G) of	9494
section 1547.99 of the Revised Code, division (E) of section	9495
2903.06 or division (D) of section 2903.08 of the Revised Code,	9496
division (E) or (G) of section 2929.24 of the Revised Code,	9497
division (B) of section 4510.14 of the Revised Code, or division	9498
(G) of section 4511.19 of the Revised Code or pursuant to any	9499
other provision of the Revised Code that requires a term in a jail	9500
for a misdemeanor conviction.	9501

(U) "Delinquent child" has the same meaning as in section	9502
2152.02 of the Revised Code.	9503

(V) "License violation report" means a report that is made by	9504
a sentencing court, or by the parole board pursuant to section	9505
2967.28 of the Revised Code, to the regulatory or licensing board	9506
or agency that issued an offender a professional license or a	9507
license or permit to do business in this state and that specifies	9508
that the offender has been convicted of or pleaded guilty to an	9509
offense that may violate the conditions under which the offender's	9510
professional license or license or permit to do business in this	9511
state was granted or an offense for which the offender's	9512
professional license or license or permit to do business in this	9513
state may be revoked or suspended.	9514

(W) "Major drug offender" means an offender who is convicted	9515
of or pleads guilty to the possession of, sale of, or offer to	9516
sell any drug, compound, mixture, preparation, or substance that	9517
consists of or contains at least one thousand grams of hashish; at	9518
least one hundred grams of ~~crack~~ cocaine; ~~at least one thousand~~	9519
~~grams of cocaine that is not crack cocaine;~~ at least two thousand	9520
five hundred unit doses or two hundred fifty grams of heroin; at	9521
least five thousand unit doses of L.S.D. or five hundred grams of	9522
L.S.D. in a liquid concentrate, liquid extract, or liquid	9523
distillate form; or at least one hundred times the amount of any	9524
other schedule I or II controlled substance other than marihuana	9525
that is necessary to commit a felony of the third degree pursuant	9526
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	9527
Code that is based on the possession of, sale of, or offer to sell	9528
the controlled substance.	9529

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

9530

(1) Subject to division (X)(2) of this section, the term in	9531
prison that must be imposed for the offenses or circumstances set	9532
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	9533
2929.13 and division (D) of section 2929.14 of the Revised Code.	9534
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	9535
and 2925.11 of the Revised Code, unless the maximum or another	9536
specific term is required under section 2929.14 or 2929.142 of the	9537
Revised Code, a mandatory prison term described in this division	9538
may be any prison term authorized for the level of offense.	9539

(2) The term of sixty or one hundred twenty days in prison	9540
that a sentencing court is required to impose for a third or	9541
fourth degree felony OVI offense pursuant to division (G)(2) of	9542
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	9543
of the Revised Code or the term of one, two, three, four, or five	9544
years in prison that a sentencing court is required to impose	9545
pursuant to division (G)(2) of section 2929.13 of the Revised	9546
Code.	9547

(3) The term in prison imposed pursuant to division (A) of	9548
section 2971.03 of the Revised Code for the offenses and in the	9549
circumstances described in division (F)(11) of section 2929.13 of	9550
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	9551
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	9552
2971.03 of the Revised Code and that term as modified or	9553
terminated pursuant to section 2971.05 of the Revised Code.	9554

(Y) "Monitored time" means a period of time during which an	9555
offender continues to be under the control of the sentencing court	9556
or parole board, subject to no conditions other than leading a	9557
law-abiding life.	9558

(Z) "Offender" means a person who, in this state, is	9559
convicted of or pleads guilty to a felony or a misdemeanor.	9560

(AA) "Prison" means a residential facility used for the	9561
confinement of convicted felony offenders that is under the	9562
control of the department of rehabilitation and correction but	9563
does not include a violation sanction center operated under	9564
authority of section 2967.141 of the Revised Code.	9565

(BB) "Prison term" includes either of the following sanctions	9566
for an offender:	9567

(1) A stated prison term;

9568

(2) A term in a prison shortened by, or with the approval of,	9569
the sentencing court pursuant to section 2929.143, 2929.20,	9570
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	9571

(CC) "Repeat violent offender" means a person about whom both	9572
of the following apply:	9573

(1) The person is being sentenced for committing or for	9574
complicity in committing any of the following:	9575

(a) Aggravated murder, murder, any felony of the first or	9576
second degree that is an offense of violence, or an attempt to	9577
commit any of these offenses if the attempt is a felony of the	9578
first or second degree;	9579

(b) An offense under an existing or former law of this state,	9580
another state, or the United States that is or was substantially	9581
equivalent to an offense described in division (CC)(1)(a) of this	9582
section.	9583

(2) The person previously was convicted of or pleaded guilty	9584
to an offense described in division (CC)(1)(a) or (b) of this	9585
section.	9586

(DD) "Sanction" means any penalty imposed upon an offender	9587
who is convicted of or pleads guilty to an offense, as punishment	9588
for the offense. "Sanction" includes any sanction imposed pursuant	9589
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	9590
2929.28 of the Revised Code.	9591

(EE) "Sentence" means the sanction or combination of	9592
sanctions imposed by the sentencing court on an offender who is	9593
convicted of or pleads guilty to an offense.	9594

(FF) "Stated prison term" means the prison term, mandatory	9595
prison term, or combination of all prison terms and mandatory	9596
prison terms imposed by the sentencing court pursuant to section	9597
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	9598
2919.25 of the Revised Code. "Stated prison term" includes any	9599
credit received by the offender for time spent in jail awaiting	9600
trial, sentencing, or transfer to prison for the offense and any	9601
time spent under house arrest or house arrest with electronic	9602
monitoring imposed after earning credits pursuant to section	9603
2967.193 of the Revised Code.	9604

(GG) "Victim-offender mediation" means a reconciliation or	9605
mediation program that involves an offender and the victim of the	9606
offense committed by the offender and that includes a meeting in	9607
which the offender and the victim may discuss the offense, discuss	9608
restitution, and consider other sanctions for the offense.	9609

(HH) "Fourth degree felony OVI offense" means a violation of	9610
division (A) of section 4511.19 of the Revised Code that, under	9611
division (G) of that section, is a felony of the fourth degree.	9612

(II) "Mandatory term of local incarceration" means the term	9613
of sixty or one hundred twenty days in a jail, a community-based	9614
correctional facility, a halfway house, or an alternative	9615
residential facility that a sentencing court may impose upon a	9616
person who is convicted of or pleads guilty to a fourth degree	9617
felony OVI offense pursuant to division (G)(1) of section 2929.13	9618
of the Revised Code and division (G)(1)(d) or (e) of section	9619
4511.19 of the Revised Code.	9620

(JJ) "Designated homicide, assault, or kidnapping offense,"	9621
"violent sex offense," "sexual motivation specification,"	9622
"sexually violent offense," "sexually violent predator," and	9623
"sexually violent predator specification" have the same meanings	9624
as in section 2971.01 of the Revised Code.	9625

(KK) "Sexually oriented offense," "child-victim oriented	9626
offense," and "tier III sex offender/child-victim offender," have	9627
the same meanings as in section 2950.01 of the Revised Code.	9628

(LL) An offense is "committed in the vicinity of a child" if	9629
the offender commits the offense within thirty feet of or within	9630
the same residential unit as a child who is under eighteen years	9631
of age, regardless of whether the offender knows the age of the	9632
child or whether the offender knows the offense is being committed	9633
within thirty feet of or within the same residential unit as the	9634
child and regardless of whether the child actually views the	9635
commission of the offense.	9636

(MM) "Family or household member" has the same meaning as in	9637
section 2919.25 of the Revised Code.	9638

(NN) "Motor vehicle" and "manufactured home" have the same	9639
meanings as in section 4501.01 of the Revised Code.	9640

(OO) "Detention" and "detention facility" have the same	9641
meanings as in section 2921.01 of the Revised Code.	9642

(PP) "Third degree felony OVI offense" means a violation of	9643
division (A) of section 4511.19 of the Revised Code that, under	9644
division (G) of that section, is a felony of the third degree.	9645

(QQ) "Random drug testing" has the same meaning as in section	9646
5120.63 of the Revised Code.	9647

(RR) "Felony sex offense" has the same meaning as in section	9648
2967.28 of the Revised Code.	9649

(SS) "Body armor" has the same meaning as in section	9650
2941.1411 of the Revised Code.	9651

(TT) "Electronic monitoring" means monitoring through the use	9652
of an electronic monitoring device.	9653

(UU) "Electronic monitoring device" means any of the	9654
following:	9655

(1) Any device that can be operated by electrical or battery	9656
power and that conforms with all of the following:	9657

(a) The device has a transmitter that can be attached to a	9658
person, that will transmit a specified signal to a receiver of the	9659
type described in division (UU)(1)(b) of this section if the	9660
transmitter is removed from the person, turned off, or altered in	9661
any manner without prior court approval in relation to electronic	9662
monitoring or without prior approval of the department of	9663
rehabilitation and correction in relation to the use of an	9664
electronic monitoring device for an inmate on transitional control	9665
or otherwise is tampered with, that can transmit continuously and	9666
periodically a signal to that receiver when the person is within a	9667
specified distance from the receiver, and that can transmit an	9668
appropriate signal to that receiver if the person to whom it is	9669
attached travels a specified distance from that receiver.	9670

(b) The device has a receiver that can receive continuously	9671
the signals transmitted by a transmitter of the type described in	9672
division (UU)(1)(a) of this section, can transmit continuously	9673
those signals by a wireless or landline telephone connection to a	9674
central monitoring computer of the type described in division	9675
(UU)(1)(c) of this section, and can transmit continuously an	9676
appropriate signal to that central monitoring computer if the	9677
device has been turned off or altered without prior court approval	9678
or otherwise tampered with. The device is designed specifically	9679
for use in electronic monitoring, is not a converted wireless	9680
phone or another tracking device that is clearly not designed for	9681
electronic monitoring, and provides a means of text-based or voice	9682
communication with the person.	9683

(c) The device has a central monitoring computer that can	9684
receive continuously the signals transmitted by a wireless or	9685
landline telephone connection by a receiver of the type described	9686
in division (UU)(1)(b) of this section and can monitor	9687
continuously the person to whom an electronic monitoring device of	9688
the type described in division (UU)(1)(a) of this section is	9689
attached.	9690

(2) Any device that is not a device of the type described in	9691
division (UU)(1) of this section and that conforms with all of the	9692
following:	9693

(a) The device includes a transmitter and receiver that can	9694
monitor and determine the location of a subject person at any	9695
time, or at a designated point in time, through the use of a	9696
central monitoring computer or through other electronic means.	9697

(b) The device includes a transmitter and receiver that can	9698
determine at any time, or at a designated point in time, through	9699
the use of a central monitoring computer or other electronic means	9700
the fact that the transmitter is turned off or altered in any	9701
manner without prior approval of the court in relation to the	9702
electronic monitoring or without prior approval of the department	9703
of rehabilitation and correction in relation to the use of an	9704
electronic monitoring device for an inmate on transitional control	9705
or otherwise is tampered with.	9706

(3) Any type of technology that can adequately track or	9707
determine the location of a subject person at any time and that is	9708
approved by the director of rehabilitation and correction,	9709
including, but not limited to, any satellite technology, voice	9710
tracking system, or retinal scanning system that is so approved.	9711

(VV) "Non-economic loss" means nonpecuniary harm suffered by	9712
a victim of an offense as a result of or related to the commission	9713
of the offense, including, but not limited to, pain and suffering;	9714
loss of society, consortium, companionship, care, assistance,	9715
attention, protection, advice, guidance, counsel, instruction,	9716
training, or education; mental anguish; and any other intangible	9717
loss.	9718

(WW) "Prosecutor" has the same meaning as in section 2935.01	9719
of the Revised Code.	9720

(XX) "Continuous alcohol monitoring" means the ability to	9721
automatically test and periodically transmit alcohol consumption	9722
levels and tamper attempts at least every hour, regardless of the	9723
location of the person who is being monitored.	9724

(YY) A person is "adjudicated a sexually violent predator" if	9725
the person is convicted of or pleads guilty to a violent sex	9726
offense and also is convicted of or pleads guilty to a sexually	9727
violent predator specification that was included in the	9728
indictment, count in the indictment, or information charging that	9729
violent sex offense or if the person is convicted of or pleads	9730
guilty to a designated homicide, assault, or kidnapping offense	9731
and also is convicted of or pleads guilty to both a sexual	9732
motivation specification and a sexually violent predator	9733
specification that were included in the indictment, count in the	9734
indictment, or information charging that designated homicide,	9735
assault, or kidnapping offense.	9736

(ZZ) An offense is "committed in proximity to a school" if	9737
the offender commits the offense in a school safety zone or within	9738
five hundred feet of any school building or the boundaries of any	9739
school premises, regardless of whether the offender knows the	9740
offense is being committed in a school safety zone or within five	9741
hundred feet of any school building or the boundaries of any	9742
school premises.	9743

(AAA) "Human trafficking" means a scheme or plan to which all	9744
of the following apply:	9745

(1) Its object is to subject a victim or victims to	9746
involuntary servitude, as defined in section 2905.31 of the	9747
Revised Code, to compel a victim or victims to engage in sexual	9748
activity for hire, to engage in a performance that is obscene,	9749
sexually oriented, or nudity oriented, or to be a model or	9750
participant in the production of material that is obscene,	9751
sexually oriented, or nudity oriented.	9752

(2) It involves at least two felony offenses, whether or not	9753
there has been a prior conviction for any of the felony offenses,	9754
to which all of the following apply:	9755

(a) Each of the felony offenses is a violation of section	9756
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	9757
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	9758
(4), or (5) of section 2919.22 of the Revised Code or is a	9759
violation of a law of any state other than this state that is	9760
substantially similar to any of the sections or divisions of the	9761
Revised Code identified in this division.	9762

(b) At least one of the felony offenses was committed in this	9763
state.	9764

(c) The felony offenses are related to the same scheme or	9765
plan and are not isolated instances.	9766

(BBB) "Material," "nudity," "obscene," "performance," and	9767
"sexual activity" have the same meanings as in section 2907.01 of	9768
the Revised Code.	9769

(CCC) "Material that is obscene, sexually oriented, or nudity	9770
oriented" means any material that is obscene, that shows a person	9771
participating or engaging in sexual activity, masturbation, or	9772
bestiality, or that shows a person in a state of nudity.	9773

(DDD) "Performance that is obscene, sexually oriented, or	9774
nudity oriented" means any performance that is obscene, that shows	9775
a person participating or engaging in sexual activity,	9776
masturbation, or bestiality, or that shows a person in a state of	9777
nudity.	9778

Sec. 2929.11. (A) A court that sentences an offender for a	9779
felony shall be guided by the overriding purposes of felony	9780
sentencing. The overriding purposes of felony sentencing are to	9781
protect the public from future crime by the offender and others	9782
and to punish the offender. To achieve those purposes, the	9783
sentencing court shall consider the need for incapacitating the	9784
offender, deterring the offender and others from future crime,	9785
rehabilitating the offender, and making restitution to the victim	9786
of the offense, the public, or both.	9787

(B) A sentence imposed for a felony shall be reasonably	9788
calculated to achieve the two overriding purposes of felony	9789
sentencing set forth in division (A) of this section, commensurate	9790
with and not demeaning to the seriousness of the offender's	9791
conduct and its impact upon the victim, and consistent with	9792
sentences imposed for similar crimes committed by similar	9793
offenders. A sentence imposed for a felony shall not impose an	9794
unnecessary burden on state or local government resources.	9795

(C) A court that imposes a sentence upon an offender for a	9796
felony shall not base the sentence upon the race, ethnic	9797
background, gender, or religion of the offender.	9798

Sec. 2929.13. (A) Except as provided in division (E), (F),	9799
or (G) of this section and unless a specific sanction is required	9800
to be imposed or is precluded from being imposed pursuant to law,	9801
a court that imposes a sentence upon an offender for a felony may	9802
impose any sanction or combination of sanctions on the offender	9803
that are provided in sections 2929.14 to 2929.18 of the Revised	9804
Code. ~~The sentence shall not impose an unnecessary burden on state~~	9805
~~or local government resources.~~	9806

If the offender is eligible to be sentenced to community	9807
control sanctions, the court shall consider the appropriateness of	9808
imposing a financial sanction pursuant to section 2929.18 of the	9809
Revised Code or a sanction of community service pursuant to	9810
section 2929.17 of the Revised Code as the sole sanction for the	9811
offense. Except as otherwise provided in this division, if the	9812
court is required to impose a mandatory prison term for the	9813
offense for which sentence is being imposed, the court also shall	9814
impose any financial sanction pursuant to section 2929.18 of the	9815
Revised Code that is required for the offense and may impose any	9816
other financial sanction pursuant to that section but may not	9817
impose any additional sanction or combination of sanctions under	9818
section 2929.16 or 2929.17 of the Revised Code.	9819

If the offender is being sentenced for a fourth degree felony	9820
OVI offense or for a third degree felony OVI offense, in addition	9821
to the mandatory term of local incarceration or the mandatory	9822
prison term required for the offense by division (G)(1) or (2) of	9823
this section, the court shall impose upon the offender a mandatory	9824
fine in accordance with division (B)(3) of section 2929.18 of the	9825
Revised Code and may impose whichever of the following is	9826
applicable:	9827

(1) For a fourth degree felony OVI offense for which sentence	9828
is imposed under division (G)(1) of this section, an additional	9829
community control sanction or combination of community control	9830
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	9831
the court imposes upon the offender a community control sanction	9832
and the offender violates any condition of the community control	9833
sanction, the court may take any action prescribed in division (B)	9834
of section 2929.15 of the Revised Code relative to the offender,	9835
including imposing a prison term on the offender pursuant to that	9836
division.	9837

(2) For a third or fourth degree felony OVI offense for which	9838
sentence is imposed under division (G)(2) of this section, an	9839
additional prison term as described in division (D)(4) of section	9840
2929.14 of the Revised Code or a community control sanction as	9841
described in division (G)(2) of this section.	9842

(B)(1) ~~Except~~(a) Except as provided in division (B)(1)(b) or	9843
(B)(2) of this section, if an offender is convicted of or pleads	9844
guilty to a felony of the fourth or fifth degree that is not an	9845
offense of violence, not a felony violation of section 4511.19 of	9846
the Revised Code, and not a felony drug offense that is a	9847
violation of any provision of Chapter 2925., 3719., or 4729. of	9848
the Revised Code for which a presumption in favor of a prison term	9849
is specified as being applicable, the court shall sentence the	9850
offender to a community control sanction if both of the following	9851
apply:	9852

(i) The offender previously has not been convicted of or	9853
pleaded guilty to a felony offense.	9854

(ii) The violation is the most serious charge before the	9855
offender at the time of sentencing.	9856

(b) The court has discretion to impose a prison term upon an	9857
offender who is convicted of or pleads guilty to a felony of the	9858
fourth or fifth degree that is not an offense of violence, not a	9859
felony violation of section 4511.19 of the Revised Code, and not a	9860
felony drug offense that is a violation of any provision of	9861
Chapter 2925., 3719., or 4729. of the Revised Code for which a	9862
presumption in favor of a prison term is specified as being	9863
applicable, if any of the following apply:	9864

(i) The offender committed the offense while having a firearm	9865
on or about the offender's person or under the offender's control.	9866

(ii) The offender caused physical harm to another person	9867
while committing the offense.	9868

(iii) The prosecutor and defense attorney agree upon a prison	9869
sentence, and the court approves the prison sentence.	9870

(c) A sentencing court may impose an additional penalty under	9871
division (B) of section 2929.15 of the Revised Code upon an	9872
offender sentenced to a community control sanction under division	9873
(B)(1)(a) of this section if the offender violates the conditions	9874
of the community control sanction, violates a law, or leaves the	9875
state without the permission of the court or the offender's	9876
probation officer.	9877

(2) If division (B)(1) of this section does not apply, except as provided in division (B)~~(2)~~(3), (E), (F), or (G) of this	9879
section, in sentencing an offender for a felony of the fourth or	9880
fifth degree, the sentencing court shall determine whether any of	9881
the following apply:	9882

(a) In committing the offense, the offender caused physical	9883
harm to a person.	9884

(b) In committing the offense, the offender attempted to	9885
cause or made an actual threat of physical harm to a person with a	9886
deadly weapon.	9887

(c) In committing the offense, the offender attempted to	9888
cause or made an actual threat of physical harm to a person, and	9889
the offender previously was convicted of an offense that caused	9890
physical harm to a person.	9891

(d) The offender held a public office or position of trust	9892
and the offense related to that office or position; the offender's	9893
position obliged the offender to prevent the offense or to bring	9894
those committing it to justice; or the offender's professional	9895
reputation or position facilitated the offense or was likely to	9896
influence the future conduct of others.	9897

(e) The offender committed the offense for hire or as part of	9898
an organized criminal activity.	9899

(f) The offense is a sex offense that is a fourth or fifth	9900
degree felony violation of section 2907.03, 2907.04, 2907.05,	9901
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	9902
Revised Code.	9903

(g) The offender at the time of the offense was serving, or	9904
the offender previously had served, a prison term.	9905

(h) The offender committed the offense while under a	9906
community control sanction, while on probation, or while released	9907
from custody on a bond or personal recognizance.	9908

(i) The offender committed the offense while in possession of	9909
a firearm.	9910

~~(2)~~(3)(a) If the court makes a finding described in division	9911
(B)~~(1)~~(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	9912
section and if the court, after considering the factors set forth	9913
in section 2929.12 of the Revised Code, finds that a prison term	9914
is consistent with the purposes and principles of sentencing set	9915
forth in section 2929.11 of the Revised Code and finds that the	9916
offender is not amenable to an available community control	9917
sanction, the court shall impose a prison term upon the offender.	9918

(b) Except as provided in division (E), (F), or (G) of this	9919
section, if the court does not make a finding described in	9920
division (B)~~(1)~~(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i)	9921
of this section and if the court, after considering the factors	9922
set forth in section 2929.12 of the Revised Code, finds that a	9923
community control sanction or combination of community control	9924
sanctions is consistent with the purposes and principles of	9925
sentencing set forth in section 2929.11 of the Revised Code, the	9926
court shall impose a community control sanction or combination of	9927
community control sanctions upon the offender.	9928

(C) Except as provided in division (D), (E), (F), or (G) of	9929
this section, in determining whether to impose a prison term as a	9930
sanction for a felony of the third degree or a felony drug offense	9931
that is a violation of a provision of Chapter 2925. of the Revised	9932
Code and that is specified as being subject to this division for	9933
purposes of sentencing, the sentencing court shall comply with the	9934
purposes and principles of sentencing under section 2929.11 of the	9935
Revised Code and with section 2929.12 of the Revised Code.	9936

(D)(1) Except as provided in division (E) or (F) of this	9937
section, for a felony of the first or second degree, for a felony	9938
drug offense that is a violation of any provision of Chapter	9939
2925., 3719., or 4729. of the Revised Code for which a presumption	9940
in favor of a prison term is specified as being applicable, and	9941
for a violation of division (A)(4) or (B) of section 2907.05 of	9942
the Revised Code for which a presumption in favor of a prison term	9943
is specified as being applicable, it is presumed that a prison	9944
term is necessary in order to comply with the purposes and	9945
principles of sentencing under section 2929.11 of the Revised	9946
Code. Division (D)(2) of this section does not apply to a	9947
presumption established under this division for a violation of	9948
division (A)(4) of section 2907.05 of the Revised Code.	9949

(2) Notwithstanding the presumption established under	9950
division (D)(1) of this section for the offenses listed in that	9951
division other than a violation of division (A)(4) or (B) of	9952
section 2907.05 of the Revised Code, the sentencing court may	9953
impose a community control sanction or a combination of community	9954
control sanctions instead of a prison term on an offender for a	9955
felony of the first or second degree or for a felony drug offense	9956
that is a violation of any provision of Chapter 2925., 3719., or	9957
4729. of the Revised Code for which a presumption in favor of a	9958
prison term is specified as being applicable if it makes both of	9959
the following findings:	9960

(a) A community control sanction or a combination of	9961
community control sanctions would adequately punish the offender	9962
and protect the public from future crime, because the applicable	9963
factors under section 2929.12 of the Revised Code indicating a	9964
lesser likelihood of recidivism outweigh the applicable factors	9965
under that section indicating a greater likelihood of recidivism.	9966

(b) A community control sanction or a combination of	9967
community control sanctions would not demean the seriousness of	9968
the offense, because one or more factors under section 2929.12 of	9969
the Revised Code that indicate that the offender's conduct was	9970
less serious than conduct normally constituting the offense are	9971
applicable, and they outweigh the applicable factors under that	9972
section that indicate that the offender's conduct was more serious	9973
than conduct normally constituting the offense.	9974

(E)(1) Except as provided in division (F) of this section,	9975
for any drug offense that is a violation of any provision of	9976
Chapter 2925. of the Revised Code and that is a felony of the	9977
third, fourth, or fifth degree, the applicability of a presumption	9978
under division (D) of this section in favor of a prison term or of	9979
division (B) or (C) of this section in determining whether to	9980
impose a prison term for the offense shall be determined as	9981
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	9982
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	9983
Revised Code, whichever is applicable regarding the violation.	9984

(2) If an offender who was convicted of or pleaded guilty to	9985
a felony violates the conditions of a community control sanction	9986
imposed for the offense solely by reason of producing positive	9987
results on a drug test, the court, as punishment for the violation	9988
of the sanction, shall not order that the offender be imprisoned	9989
unless the court determines on the record either of the following:	9990

(a) The offender had been ordered as a sanction for the	9991
felony to participate in a drug treatment program, in a drug	9992
education program, or in narcotics anonymous or a similar program,	9993
and the offender continued to use illegal drugs after a reasonable	9994
period of participation in the program.	9995

(b) The imprisonment of the offender for the violation is	9996
consistent with the purposes and principles of sentencing set	9997
forth in section 2929.11 of the Revised Code.	9998

(3) A court that sentences an offender for a drug abuse	9999
offense that is a felony of the third, fourth, or fifth degree may	10000
require that the offender be assessed by a properly credentialed	10001
professional within a specified period of time. The court shall	10002
require the professional to file a written assessment of the	10003
offender with the court. If the offender is eligible for a	10004
community control sanction and after considering the written	10005
assessment, the court may impose a community control sanction that	10006
includes treatment and recovery support services authorized by	10007
section 3793.02 of the Revised Code. If the court imposes	10008
treatment and recovery support services as a community control	10009
sanction, the court shall direct the level and type of treatment	10010
and recovery support services after considering the assessment and	10011
recommendation of treatment and recovery support services	10012
providers.	10013

(F) Notwithstanding divisions (A) to (E) of this section, the	10014
court shall impose a prison term or terms under sections 2929.02	10015
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	10016
of the Revised Code and except as specifically provided in section	10017
2929.20, division (C) of section 2967.19, or section 2967.191 of	10018
the Revised Code or when parole is authorized for the offense	10019
under section 2967.13 of the Revised Code shall not reduce the	10020
term or terms pursuant to section 2929.20, section 2967.19,	10021
section 2967.193, or any other provision of Chapter 2967. or	10022
Chapter 5120. of the Revised Code for any of the following	10023
offenses:	10024

(1) Aggravated murder when death is not imposed or murder;

10025

(2) Any rape, regardless of whether force was involved and	10026
regardless of the age of the victim, or an attempt to commit rape	10027
if, had the offender completed the rape that was attempted, the	10028
offender would have been guilty of a violation of division	10029
(A)(1)(b) of section 2907.02 of the Revised Code and would be	10030
sentenced under section 2971.03 of the Revised Code;	10031

(3) Gross sexual imposition or sexual battery, if the victim	10032
is less than thirteen years of age and if any of the following	10033
applies:	10034

(a) Regarding gross sexual imposition, the offender	10035
previously was convicted of or pleaded guilty to rape, the former	10036
offense of felonious sexual penetration, gross sexual imposition,	10037
or sexual battery, and the victim of the previous offense was less	10038
than thirteen years of age;	10039

(b) Regarding gross sexual imposition, the offense was	10040
committed on or after August 3, 2006, and evidence other than the	10041
testimony of the victim was admitted in the case corroborating the	10042
violation.	10043

(c) Regarding sexual battery, either of the following	10044
applies:	10045

(i) The offense was committed prior to August 3, 2006, the	10046
offender previously was convicted of or pleaded guilty to rape,	10047
the former offense of felonious sexual penetration, or sexual	10048
battery, and the victim of the previous offense was less than	10049
thirteen years of age.	10050

(ii) The offense was committed on or after August 3, 2006.

10051

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	10052
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	10053
section requires the imposition of a prison term;	10054

(5) A first, second, or third degree felony drug offense for	10055
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	10056
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	10057
4729.99 of the Revised Code, whichever is applicable regarding the	10058
violation, requires the imposition of a mandatory prison term;	10059

(6) Any offense that is a first or second degree felony and	10060
that is not set forth in division (F)(1), (2), (3), or (4) of this	10061
section, if the offender previously was convicted of or pleaded	10062
guilty to aggravated murder, murder, any first or second degree	10063
felony, or an offense under an existing or former law of this	10064
state, another state, or the United States that is or was	10065
substantially equivalent to one of those offenses;	10066

(7) Any offense that is a third degree felony and either is a	10067
violation of section 2903.04 of the Revised Code or an attempt to	10068
commit a felony of the second degree that is an offense of	10069
violence and involved an attempt to cause serious physical harm to	10070
a person or that resulted in serious physical harm to a person if	10071
the offender previously was convicted of or pleaded guilty to any	10072
of the following offenses:	10073

(a) Aggravated murder, murder, involuntary manslaughter,	10074
rape, felonious sexual penetration as it existed under section	10075
2907.12 of the Revised Code prior to September 3, 1996, a felony	10076
of the first or second degree that resulted in the death of a	10077
person or in physical harm to a person, or complicity in or an	10078
attempt to commit any of those offenses;	10079

(b) An offense under an existing or former law of this state,	10080
another state, or the United States that is or was substantially	10081
equivalent to an offense listed in division (F)(7)(a) of this	10082
section that resulted in the death of a person or in physical harm	10083
to a person.	10084

(8) Any offense, other than a violation of section 2923.12 of	10085
the Revised Code, that is a felony, if the offender had a firearm	10086
on or about the offender's person or under the offender's control	10087
while committing the felony, with respect to a portion of the	10088
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	10089
of the Revised Code for having the firearm;	10090

(9) Any offense of violence that is a felony, if the offender	10091
wore or carried body armor while committing the felony offense of	10092
violence, with respect to the portion of the sentence imposed	10093
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	10094
Code for wearing or carrying the body armor;	10095

(10) Corrupt activity in violation of section 2923.32 of the	10096
Revised Code when the most serious offense in the pattern of	10097
corrupt activity that is the basis of the offense is a felony of	10098
the first degree;	10099

(11) Any violent sex offense or designated homicide, assault,	10100
or kidnapping offense if, in relation to that offense, the	10101
offender is adjudicated a sexually violent predator;	10102

(12) A violation of division (A)(1) or (2) of section 2921.36	10103
of the Revised Code, or a violation of division (C) of that	10104
section involving an item listed in division (A)(1) or (2) of that	10105
section, if the offender is an officer or employee of the	10106
department of rehabilitation and correction;	10107

(13) A violation of division (A)(1) or (2) of section 2903.06	10108
of the Revised Code if the victim of the offense is a peace	10109
officer, as defined in section 2935.01 of the Revised Code, or an	10110
investigator of the bureau of criminal identification and	10111
investigation, as defined in section 2903.11 of the Revised Code,	10112
with respect to the portion of the sentence imposed pursuant to	10113
division (D)(5) of section 2929.14 of the Revised Code;	10114

(14) A violation of division (A)(1) or (2) of section 2903.06	10115
of the Revised Code if the offender has been convicted of or	10116
pleaded guilty to three or more violations of division (A) or (B)	10117
of section 4511.19 of the Revised Code or an equivalent offense,	10118
as defined in section 2941.1415 of the Revised Code, or three or	10119
more violations of any combination of those divisions and	10120
offenses, with respect to the portion of the sentence imposed	10121
pursuant to division (D)(6) of section 2929.14 of the Revised	10122
Code;	10123

(15) Kidnapping, in the circumstances specified in section	10124
2971.03 of the Revised Code and when no other provision of	10125
division (F) of this section applies;	10126

(16) Kidnapping, abduction, compelling prostitution,	10127
promoting prostitution, engaging in a pattern of corrupt activity,	10128
illegal use of a minor in a nudity-oriented material or	10129
performance in violation of division (A)(1) or (2) of section	10130
2907.323 of the Revised Code, or endangering children in violation	10131
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	10132
the Revised Code, if the offender is convicted of or pleads guilty	10133
to a specification as described in section 2941.1422 of the	10134
Revised Code that was included in the indictment, count in the	10135
indictment, or information charging the offense;	10136

(17) A felony violation of division (A) or (B) of section	10137
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	10138
that section, and division (D)(6) of that section, require the	10139
imposition of a prison term;	10140

(18) A felony violation of section 2903.11, 2903.12, or	10141
2903.13 of the Revised Code, if the victim of the offense was a	10142
woman that the offender knew was pregnant at the time of the	10143
violation, with respect to a portion of the sentence imposed	10144
pursuant to division (D)(8) of section 2929.14 of the Revised	10145
Code.	10146

(G) Notwithstanding divisions (A) to (E) of this section, if	10147
an offender is being sentenced for a fourth degree felony OVI	10148
offense or for a third degree felony OVI offense, the court shall	10149
impose upon the offender a mandatory term of local incarceration	10150
or a mandatory prison term in accordance with the following:	10151

(1) If the offender is being sentenced for a fourth degree	10152
felony OVI offense and if the offender has not been convicted of	10153
and has not pleaded guilty to a specification of the type	10154
described in section 2941.1413 of the Revised Code, the court may	10155
impose upon the offender a mandatory term of local incarceration	10156
of sixty days or one hundred twenty days as specified in division	10157
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	10158
not reduce the term pursuant to section 2929.20, 2967.193, or any	10159
other provision of the Revised Code. The court that imposes a	10160
mandatory term of local incarceration under this division shall	10161
specify whether the term is to be served in a jail, a	10162
community-based correctional facility, a halfway house, or an	10163
alternative residential facility, and the offender shall serve the	10164
term in the type of facility specified by the court. A mandatory	10165
term of local incarceration imposed under division (G)(1) of this	10166
section is not subject to any other Revised Code provision that	10167
pertains to a prison term except as provided in division (A)(1) of	10168
this section.	10169

(2) If the offender is being sentenced for a third degree	10170
felony OVI offense, or if the offender is being sentenced for a	10171
fourth degree felony OVI offense and the court does not impose a	10172
mandatory term of local incarceration under division (G)(1) of	10173
this section, the court shall impose upon the offender a mandatory	10174
prison term of one, two, three, four, or five years if the	10175
offender also is convicted of or also pleads guilty to a	10176
specification of the type described in section 2941.1413 of the	10177
Revised Code or shall impose upon the offender a mandatory prison	10178
term of sixty days or one hundred twenty days as specified in	10179
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	10180
if the offender has not been convicted of and has not pleaded	10181
guilty to a specification of that type. ~~The~~Subject to division	10182
(C) of section 2967.19 of the Revised Code, the court shall not	10183
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	10184
any other provision of the Revised Code. The offender shall serve	10185
the one-, two-, three-, four-, or five-year mandatory prison term	10186
consecutively to and prior to the prison term imposed for the	10187
underlying offense and consecutively to any other mandatory prison	10188
term imposed in relation to the offense. In no case shall an	10189
offender who once has been sentenced to a mandatory term of local	10190
incarceration pursuant to division (G)(1) of this section for a	10191
fourth degree felony OVI offense be sentenced to another mandatory	10192
term of local incarceration under that division for any violation	10193
of division (A) of section 4511.19 of the Revised Code. In	10194
addition to the mandatory prison term described in division (G)(2)	10195
of this section, the court may sentence the offender to a	10196
community control sanction under section 2929.16 or 2929.17 of the	10197
Revised Code, but the offender shall serve the prison term prior	10198
to serving the community control sanction. The department of	10199
rehabilitation and correction may place an offender sentenced to a	10200
mandatory prison term under this division in an intensive program	10201
prison established pursuant to section 5120.033 of the Revised	10202
Code if the department gave the sentencing judge prior notice of	10203
its intent to place the offender in an intensive program prison	10204
established under that section and if the judge did not notify the	10205
department that the judge disapproved the placement. Upon the	10206
establishment of the initial intensive program prison pursuant to	10207
section 5120.033 of the Revised Code that is privately operated	10208
and managed by a contractor pursuant to a contract entered into	10209
under section 9.06 of the Revised Code, both of the following	10210
apply:	10211

(a) The department of rehabilitation and correction shall	10212
make a reasonable effort to ensure that a sufficient number of	10213
offenders sentenced to a mandatory prison term under this division	10214
are placed in the privately operated and managed prison so that	10215
the privately operated and managed prison has full occupancy.	10216

(b) Unless the privately operated and managed prison has full	10217
occupancy, the department of rehabilitation and correction shall	10218
not place any offender sentenced to a mandatory prison term under	10219
this division in any intensive program prison established pursuant	10220
to section 5120.033 of the Revised Code other than the privately	10221
operated and managed prison.	10222

(H) If an offender is being sentenced for a sexually oriented	10223
offense or child-victim oriented offense that is a felony	10224
committed on or after January 1, 1997, the judge shall require the	10225
offender to submit to a DNA specimen collection procedure pursuant	10226
to section 2901.07 of the Revised Code.	10227

(I) If an offender is being sentenced for a sexually oriented	10228
offense or a child-victim oriented offense committed on or after	10229
January 1, 1997, the judge shall include in the sentence a summary	10230
of the offender's duties imposed under sections 2950.04, 2950.041,	10231
2950.05, and 2950.06 of the Revised Code and the duration of the	10232
duties. The judge shall inform the offender, at the time of	10233
sentencing, of those duties and of their duration. If required	10234
under division (A)(2) of section 2950.03 of the Revised Code, the	10235
judge shall perform the duties specified in that section, or, if	10236
required under division (A)(6) of section 2950.03 of the Revised	10237
Code, the judge shall perform the duties specified in that	10238
division.	10239

(J)(1) Except as provided in division (J)(2) of this section,	10240
when considering sentencing factors under this section in relation	10241
to an offender who is convicted of or pleads guilty to an attempt	10242
to commit an offense in violation of section 2923.02 of the	10243
Revised Code, the sentencing court shall consider the factors	10244
applicable to the felony category of the violation of section	10245
2923.02 of the Revised Code instead of the factors applicable to	10246
the felony category of the offense attempted.	10247

(2) When considering sentencing factors under this section in	10248
relation to an offender who is convicted of or pleads guilty to an	10249
attempt to commit a drug abuse offense for which the penalty is	10250
determined by the amount or number of unit doses of the controlled	10251
substance involved in the drug abuse offense, the sentencing court	10252
shall consider the factors applicable to the felony category that	10253
the drug abuse offense attempted would be if that drug abuse	10254
offense had been committed and had involved an amount or number of	10255
unit doses of the controlled substance that is within the next	10256
lower range of controlled substance amounts than was involved in	10257
the attempt.	10258

(K) As used in this section, "drug abuse offense" has the	10259
same meaning as in section 2925.01 of the Revised Code.	10260

(L) At the time of sentencing an offender for any sexually	10261
oriented offense, if the offender is a tier III sex	10262
offender/child-victim offender relative to that offense and the	10263
offender does not serve a prison term or jail term, the court may	10264
require that the offender be monitored by means of a global	10265
positioning device. If the court requires such monitoring, the	10266
cost of monitoring shall be borne by the offender. If the offender	10267
is indigent, the cost of compliance shall be paid by the crime	10268
victims reparations fund.	10269

Sec. 2929.14. (A) Except as provided in division (C),	10270
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),	10271
(G), (I), (J), or (L) of this section or in division (D)(6) of	10272
section 2919.25 of the Revised Code and except in relation to an	10273
offense for which a sentence of death or life imprisonment is to	10274
be imposed, if the court imposing a sentence upon an offender for	10275
a felony elects or is required to impose a prison term on the	10276
offender pursuant to this chapter, the court shall impose a	10277
definite prison term that shall be one of the following:	10278

(1) For a felony of the first degree, the prison term shall	10279
be three, four, five, six, seven, eight, nine, or ten, or eleven	10280
years.	10281

(2) For a felony of the second degree, the prison term shall	10282
be two, three, four, five, six, seven, or eight years.	10283

(3) For a felony of the third degree, the prison term shall	10284
be ~~one, two, three, four, or five years~~nine, twelve, eighteen,	10285
twenty-four, or thirty-six months.	10286

(4) For a felony of the fourth degree, the prison term shall	10287
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	10288
fourteen, fifteen, sixteen, seventeen, or eighteen months.	10289

(5) For a felony of the fifth degree, the prison term shall	10290
be six, seven, eight, nine, ten, eleven, or twelve months.	10291

(B) Except as provided in division (C), (D)(1), (D)(2),	10292
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	10293
this section, in section 2907.02 , 2907.05, or 2919.25 of the	10294
Revised Code, or in Chapter 2925. of the Revised Code, if the	10295
court imposing a prison sentence upon an offender ~~for a felony~~	10296
~~elects or is required to impose a prison term on the offender, the~~	10297
~~court~~who has not served, or is not serving, a prison term shall	10298
impose the shortest prison term authorized for the offense	10299
pursuant to division (A) of this section~~, unless one or more of~~	10300
~~the following applies:~~	10301

~~(1) The offender was serving a prison term at the time of the~~	10302
~~offense, or the offender previously had served a prison term.~~	10303

~~(2) The court finds on the record that the shortest prison~~	10304
~~term will demean the seriousness of the offender's conduct or will~~	10305
~~not adequately protect the public from future crime by the~~	10306
~~offender or others~~if the shortest term is consistent with the	10307
purposes and principles of sentencing set forth in section 2929.11	10308
of the Revised Code.	10309

(C) Except as provided in division (D)(7), (D)(8), (G), or	10310
(L) of this section, in section 2919.25 of the Revised Code, or in	10311
Chapter 2925. of the Revised Code, the court imposing a prison	10312
sentence upon an offender ~~for a felony may~~shall impose the	10313
longest prison term authorized for the offense pursuant to	10314
division (A) of this section only ~~upon offenders who committed the~~	10315
~~worst forms of the offense, upon offenders who pose the greatest~~	10316
~~likelihood of committing future crimes~~if the longest prison term	10317
is consistent with the purposes and principles of sentencing set	10318
forth in section 2929.11 of the Revised Code or, upon certain	10319
major drug offenders under division (D)(3) of this section, and	10320
upon certain repeat violent offenders in accordance with division	10321
(D)(2) of this section.	10322

(D)(1)(a) Except as provided in division (D)(1)(e) of this	10323
section, if an offender who is convicted of or pleads guilty to a	10324
felony also is convicted of or pleads guilty to a specification of	10325
the type described in section 2941.141, 2941.144, or 2941.145 of	10326
the Revised Code, the court shall impose on the offender one of	10327
the following prison terms:	10328

(i) A prison term of six years if the specification is of the	10329
type described in section 2941.144 of the Revised Code that	10330
charges the offender with having a firearm that is an automatic	10331
firearm or that was equipped with a firearm muffler or silencer on	10332
or about the offender's person or under the offender's control	10333
while committing the felony;	10334

(ii) A prison term of three years if the specification is of	10335
the type described in section 2941.145 of the Revised Code that	10336
charges the offender with having a firearm on or about the	10337
offender's person or under the offender's control while committing	10338
the offense and displaying the firearm, brandishing the firearm,	10339
indicating that the offender possessed the firearm, or using it to	10340
facilitate the offense;	10341

(iii) A prison term of one year if the specification is of	10342
the type described in section 2941.141 of the Revised Code that	10343
charges the offender with having a firearm on or about the	10344
offender's person or under the offender's control while committing	10345
the felony.	10346

(b) If a court imposes a prison term on an offender under	10347
division (D)(1)(a) of this section, the prison term shall not be	10348
reduced pursuant to section 2967.19, section 2929.20, section	10349
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	10350
of the Revised Code. Except as provided in division (D)(1)(g) of	10351
this section, a court shall not impose more than one prison term	10352
on an offender under division (D)(1)(a) of this section for	10353
felonies committed as part of the same act or transaction.	10354

(c) Except as provided in division (D)(1)(e) of this section,	10355
if an offender who is convicted of or pleads guilty to a violation	10356
of section 2923.161 of the Revised Code or to a felony that	10357
includes, as an essential element, purposely or knowingly causing	10358
or attempting to cause the death of or physical harm to another,	10359
also is convicted of or pleads guilty to a specification of the	10360
type described in section 2941.146 of the Revised Code that	10361
charges the offender with committing the offense by discharging a	10362
firearm from a motor vehicle other than a manufactured home, the	10363
court, after imposing a prison term on the offender for the	10364
violation of section 2923.161 of the Revised Code or for the other	10365
felony offense under division (A), (D)(2), or (D)(3) of this	10366
section, shall impose an additional prison term of five years upon	10367
the offender that shall not be reduced pursuant to section	10368
2929.20, section 2967.19, section 2967.193, or any other provision	10369
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	10370
shall not impose more than one additional prison term on an	10371
offender under division (D)(1)(c) of this section for felonies	10372
committed as part of the same act or transaction. If a court	10373
imposes an additional prison term on an offender under division	10374
(D)(1)(c) of this section relative to an offense, the court also	10375
shall impose a prison term under division (D)(1)(a) of this	10376
section relative to the same offense, provided the criteria	10377
specified in that division for imposing an additional prison term	10378
are satisfied relative to the offender and the offense.	10379

(d) If an offender who is convicted of or pleads guilty to an	10380
offense of violence that is a felony also is convicted of or	10381
pleads guilty to a specification of the type described in section	10382
2941.1411 of the Revised Code that charges the offender with	10383
wearing or carrying body armor while committing the felony offense	10384
of violence, the court shall impose on the offender a prison term	10385
of two years. The prison term so imposed, subject to division (C)	10386
of section 2967.19 of the Revised Code, shall not be reduced	10387
pursuant to section 2929.20, section 2967.19, section 2967.193, or	10388
any other provision of Chapter 2967. or Chapter 5120. of the	10389
Revised Code. A court shall not impose more than one prison term	10390
on an offender under division (D)(1)(d) of this section for	10391
felonies committed as part of the same act or transaction. If a	10392
court imposes an additional prison term under division (D)(1)(a)	10393
or (c) of this section, the court is not precluded from imposing	10394
an additional prison term under division (D)(1)(d) of this	10395
section.	10396

(e) The court shall not impose any of the prison terms	10397
described in division (D)(1)(a) of this section or any of the	10398
additional prison terms described in division (D)(1)(c) of this	10399
section upon an offender for a violation of section 2923.12 or	10400
2923.123 of the Revised Code. The court shall not impose any of	10401
the prison terms described in division (D)(1)(a) or (b) of this	10402
section upon an offender for a violation of section 2923.122 that	10403
involves a deadly weapon that is a firearm other than a dangerous	10404
ordnance, section 2923.16, or section 2923.121 of the Revised	10405
Code. The court shall not impose any of the prison terms described	10406
in division (D)(1)(a) of this section or any of the additional	10407
prison terms described in division (D)(1)(c) of this section upon	10408
an offender for a violation of section 2923.13 of the Revised Code	10409
unless all of the following apply:	10410

(i) The offender previously has been convicted of aggravated	10411
murder, murder, or any felony of the first or second degree.	10412

(ii) Less than five years have passed since the offender was	10413
released from prison or post-release control, whichever is later,	10414
for the prior offense.	10415

(f) If an offender is convicted of or pleads guilty to a	10416
felony that includes, as an essential element, causing or	10417
attempting to cause the death of or physical harm to another and	10418
also is convicted of or pleads guilty to a specification of the	10419
type described in section 2941.1412 of the Revised Code that	10420
charges the offender with committing the offense by discharging a	10421
firearm at a peace officer as defined in section 2935.01 of the	10422
Revised Code or a corrections officer, as defined in section	10423
2941.1412 of the Revised Code, the court, after imposing a prison	10424
term on the offender for the felony offense under division (A),	10425
(D)(2), or (D)(3) of this section, shall impose an additional	10426
prison term of seven years upon the offender that shall not be	10427
reduced pursuant to section 2929.20, section 2967.19, section	10428
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	10429
of the Revised Code. If an offender is convicted of or pleads	10430
guilty to two or more felonies that include, as an essential	10431
element, causing or attempting to cause the death or physical harm	10432
to another and also is convicted of or pleads guilty to a	10433
specification of the type described under division (D)(1)(f) of	10434
this section in connection with two or more of the felonies of	10435
which the offender is convicted or to which the offender pleads	10436
guilty, the sentencing court shall impose on the offender the	10437
prison term specified under division (D)(1)(f) of this section for	10438
each of two of the specifications of which the offender is	10439
convicted or to which the offender pleads guilty and, in its	10440
discretion, also may impose on the offender the prison term	10441
specified under that division for any or all of the remaining	10442
specifications. If a court imposes an additional prison term on an	10443
offender under division (D)(1)(f) of this section relative to an	10444
offense, the court shall not impose a prison term under division	10445
(D)(1)(a) or (c) of this section relative to the same offense.	10446

(g) If an offender is convicted of or pleads guilty to two or	10447
more felonies, if one or more of those felonies isare aggravated	10448
murder, murder, attempted aggravated murder, attempted murder,	10449
aggravated robbery, felonious assault, or rape, and if the	10450
offender is convicted of or pleads guilty to a specification of	10451
the type described under division (D)(1)(a) of this section in	10452
connection with two or more of the felonies, the sentencing court	10453
shall impose on the offender the prison term specified under	10454
division (D)(1)(a) of this section for each of the two most	10455
serious specifications of which the offender is convicted or to	10456
which the offender pleads guilty and, in its discretion, also may	10457
impose on the offender the prison term specified under that	10458
division for any or all of the remaining specifications.	10459

(2)(a) If division (D)(2)(b) of this section does not apply,	10460
the court may impose on an offender, in addition to the longest	10461
prison term authorized or required for the offense, an additional	10462
definite prison term of one, two, three, four, five, six, seven,	10463
eight, nine, or ten years if all of the following criteria are	10464
met:	10465

(i) The offender is convicted of or pleads guilty to a	10466
specification of the type described in section 2941.149 of the	10467
Revised Code that the offender is a repeat violent offender.	10468

(ii) The offense of which the offender currently is convicted	10469
or to which the offender currently pleads guilty is aggravated	10470
murder and the court does not impose a sentence of death or life	10471
imprisonment without parole, murder, terrorism and the court does	10472
not impose a sentence of life imprisonment without parole, any	10473
felony of the first degree that is an offense of violence and the	10474
court does not impose a sentence of life imprisonment without	10475
parole, or any felony of the second degree that is an offense of	10476
violence and the trier of fact finds that the offense involved an	10477
attempt to cause or a threat to cause serious physical harm to a	10478
person or resulted in serious physical harm to a person.	10479

(iii) The court imposes the longest prison term for the	10480
offense that is not life imprisonment without parole.	10481

(iv) The court finds that the prison terms imposed pursuant	10482
to division (D)(2)(a)(iii) of this section and, if applicable,	10483
division (D)(1) or (3) of this section are inadequate to punish	10484
the offender and protect the public from future crime, because the	10485
applicable factors under section 2929.12 of the Revised Code	10486
indicating a greater likelihood of recidivism outweigh the	10487
applicable factors under that section indicating a lesser	10488
likelihood of recidivism.	10489

(v) The court finds that the prison terms imposed pursuant to	10490
division (D)(2)(a)(iii) of this section and, if applicable,	10491
division (D)(1) or (3) of this section are demeaning to the	10492
seriousness of the offense, because one or more of the factors	10493
under section 2929.12 of the Revised Code indicating that the	10494
offender's conduct is more serious than conduct normally	10495
constituting the offense are present, and they outweigh the	10496
applicable factors under that section indicating that the	10497
offender's conduct is less serious than conduct normally	10498
constituting the offense.	10499

(b) The court shall impose on an offender the longest prison	10500
term authorized or required for the offense and shall impose on	10501
the offender an additional definite prison term of one, two,	10502
three, four, five, six, seven, eight, nine, or ten years if all of	10503
the following criteria are met:	10504

(i) The offender is convicted of or pleads guilty to a	10505
specification of the type described in section 2941.149 of the	10506
Revised Code that the offender is a repeat violent offender.	10507

(ii) The offender within the preceding twenty years has been	10508
convicted of or pleaded guilty to three or more offenses described	10509
in division (CC)(1) of section 2929.01 of the Revised Code,	10510
including all offenses described in that division of which the	10511
offender is convicted or to which the offender pleads guilty in	10512
the current prosecution and all offenses described in that	10513
division of which the offender previously has been convicted or to	10514
which the offender previously pleaded guilty, whether prosecuted	10515
together or separately.	10516

(iii) The offense or offenses of which the offender currently	10517
is convicted or to which the offender currently pleads guilty is	10518
aggravated murder and the court does not impose a sentence of	10519
death or life imprisonment without parole, murder, terrorism and	10520
the court does not impose a sentence of life imprisonment without	10521
parole, any felony of the first degree that is an offense of	10522
violence and the court does not impose a sentence of life	10523
imprisonment without parole, or any felony of the second degree	10524
that is an offense of violence and the trier of fact finds that	10525
the offense involved an attempt to cause or a threat to cause	10526
serious physical harm to a person or resulted in serious physical	10527
harm to a person.	10528

(c) For purposes of division (D)(2)(b) of this section, two	10529
or more offenses committed at the same time or as part of the same	10530
act or event shall be considered one offense, and that one offense	10531
shall be the offense with the greatest penalty.	10532

(d) A sentence imposed under division (D)(2)(a) or (b) of	10533
this section shall not be reduced pursuant to section 2929.20,	10534
section 2967.19, or section 2967.193, or any other provision of	10535
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	10536
shall serve an additional prison term imposed under this section	10537
consecutively to and prior to the prison term imposed for the	10538
underlying offense.	10539

(e) When imposing a sentence pursuant to division (D)(2)(a)	10540
or (b) of this section, the court shall state its findings	10541
explaining the imposed sentence.	10542

(3)(a) Except when an offender commits a violation of section	10543
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	10544
the violation is life imprisonment or commits a violation of	10545
section 2903.02 of the Revised Code, if the offender commits a	10546
violation of section 2925.03 or 2925.11 of the Revised Code and	10547
that section classifies the offender as a major drug offender and	10548
requires the imposition of a ten-year prison term on the offender,	10549
if the offender commits a felony violation of section 2925.02,	10550
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	10551
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	10552
division (C) of section 4729.51, or division (J) of section	10553
4729.54 of the Revised Code that includes the sale, offer to sell,	10554
or possession of a schedule I or II controlled substance, with the	10555
exception of marihuana, and the court imposing sentence upon the	10556
offender finds that the offender is guilty of a specification of	10557
the type described in section 2941.1410 of the Revised Code	10558
charging that the offender is a major drug offender, if the court	10559
imposing sentence upon an offender for a felony finds that the	10560
offender is guilty of corrupt activity with the most serious	10561
offense in the pattern of corrupt activity being a felony of the	10562
first degree, or if the offender is guilty of an attempted	10563
violation of section 2907.02 of the Revised Code and, had the	10564
offender completed the violation of section 2907.02 of the Revised	10565
Code that was attempted, the offender would have been subject to a	10566
sentence of life imprisonment or life imprisonment without parole	10567
for the violation of section 2907.02 of the Revised Code, the	10568
court shall impose upon the offender for the felony violation a	10569
ten-year prison term that, subject to division (C) of section	10570
2967.19 of the Revised Code, cannot be reduced pursuant to section	10571
2929.20, section 2967.19, or any other provision of Chapter 2967.	10572
or 5120. of the Revised Code.	10573

(b) The court imposing a prison term on an offender under	10574
division (D)(3)(a) of this section may impose an additional prison	10575
term of one, two, three, four, five, six, seven, eight, nine, or	10576
ten years, if the court, with respect to the term imposed under	10577
division (D)(3)(a) of this section and, if applicable, divisions	10578
(D)(1) and (2) of this section, makes both of the findings set	10579
forth in divisions (D)(2)(a)(iv) and (v) of this section.	10580

(4) If the offender is being sentenced for a third or fourth	10581
degree felony OVI offense under division (G)(2) of section 2929.13	10582
of the Revised Code, the sentencing court shall impose upon the	10583
offender a mandatory prison term in accordance with that division.	10584
In addition to the mandatory prison term, if the offender is being	10585
sentenced for a fourth degree felony OVI offense, the court,	10586
notwithstanding division (A)(4) of this section, may sentence the	10587
offender to a definite prison term of not less than six months and	10588
not more than thirty months, and if the offender is being	10589
sentenced for a third degree felony OVI offense, the sentencing	10590
court may sentence the offender to an additional prison term of	10591
any duration specified in division (A)(3) of this section. In	10592
either case, the additional prison term imposed shall be reduced	10593
by the sixty or one hundred twenty days imposed upon the offender	10594
as the mandatory prison term. The total of the additional prison	10595
term imposed under division (D)(4) of this section plus the sixty	10596
or one hundred twenty days imposed as the mandatory prison term	10597
shall equal a definite term in the range of six months to thirty	10598
months for a fourth degree felony OVI offense and shall equal one	10599
of the authorized prison terms specified in division (A)(3) of	10600
this section for a third degree felony OVI offense. If the court	10601
imposes an additional prison term under division (D)(4) of this	10602
section, the offender shall serve the additional prison term after	10603
the offender has served the mandatory prison term required for the	10604
offense. In addition to the mandatory prison term or mandatory and	10605
additional prison term imposed as described in division (D)(4) of	10606
this section, the court also may sentence the offender to a	10607
community control sanction under section 2929.16 or 2929.17 of the	10608
Revised Code, but the offender shall serve all of the prison terms	10609
so imposed prior to serving the community control sanction.	10610

If the offender is being sentenced for a fourth degree felony	10611
OVI offense under division (G)(1) of section 2929.13 of the	10612
Revised Code and the court imposes a mandatory term of local	10613
incarceration, the court may impose a prison term as described in	10614
division (A)(1) of that section.	10615

(5) If an offender is convicted of or pleads guilty to a	10616
violation of division (A)(1) or (2) of section 2903.06 of the	10617
Revised Code and also is convicted of or pleads guilty to a	10618
specification of the type described in section 2941.1414 of the	10619
Revised Code that charges that the victim of the offense is a	10620
peace officer, as defined in section 2935.01 of the Revised Code,	10621
or an investigator of the bureau of criminal identification and	10622
investigation, as defined in section 2903.11 of the Revised Code,	10623
the court shall impose on the offender a prison term of five	10624
years. If a court imposes a prison term on an offender under	10625
division (D)(5) of this section, the prison term, subject to	10626
division (C) of section 2967.19 of the Revised Code, shall not be	10627
reduced pursuant to section 2929.20, section 2967.19, section	10628
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	10629
of the Revised Code. A court shall not impose more than one prison	10630
term on an offender under division (D)(5) of this section for	10631
felonies committed as part of the same act.	10632

(6) If an offender is convicted of or pleads guilty to a	10633
violation of division (A)(1) or (2) of section 2903.06 of the	10634
Revised Code and also is convicted of or pleads guilty to a	10635
specification of the type described in section 2941.1415 of the	10636
Revised Code that charges that the offender previously has been	10637
convicted of or pleaded guilty to three or more violations of	10638
division (A) or (B) of section 4511.19 of the Revised Code or an	10639
equivalent offense, as defined in section 2941.1415 of the Revised	10640
Code, or three or more violations of any combination of those	10641
divisions and offenses, the court shall impose on the offender a	10642
prison term of three years. If a court imposes a prison term on an	10643
offender under division (D)(6) of this section, the prison term,	10644
subject to division (C) of section 2967.19 of the Revised Code,	10645
shall not be reduced pursuant to section 2929.20, section 2967.19,	10646
section 2967.193, or any other provision of Chapter 2967. or	10647
Chapter 5120. of the Revised Code. A court shall not impose more	10648
than one prison term on an offender under division (D)(6) of this	10649
section for felonies committed as part of the same act.	10650

(7)(a) If an offender is convicted of or pleads guilty to a	10651
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	10652
2923.32, division (A)(1) or (2) of section 2907.323, or division	10653
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	10654
Code and also is convicted of or pleads guilty to a specification	10655
of the type described in section 2941.1422 of the Revised Code	10656
that charges that the offender knowingly committed the offense in	10657
furtherance of human trafficking, the court shall impose on the	10658
offender a mandatory prison term that is one of the following:	10659

(i) If the offense is a felony of the first degree, a	10660
definite prison term of not less than five years and not greater	10661
than ten years;	10662

(ii) If the offense is a felony of the second or third	10663
degree, a definite prison term of not less than three years and	10664
not greater than the maximum prison term allowed for the offense	10665
by division (A) of section 2929.14 of the Revised Code;	10666

(iii) If the offense is a felony of the fourth or fifth	10667
degree, a definite prison term that is the maximum prison term	10668
allowed for the offense by division (A) of section 2929.14 of the	10669
Revised Code.	10670

(b) ~~The~~Subject to division (C) of section 2967.19 of the	10671
Revised Code, the prison term imposed under division (D)(7)(a) of	10672
this section shall not be reduced pursuant to section 2929.20,	10673
section 2967.19, section 2967.193, or any other provision of	10674
Chapter 2967. of the Revised Code. A court shall not impose more	10675
than one prison term on an offender under division (D)(7)(a) of	10676
this section for felonies committed as part of the same act,	10677
scheme, or plan.	10678

(8) If an offender is convicted of or pleads guilty to a	10679
felony violation of section 2903.11, 2903.12, or 2903.13 of the	10680
Revised Code and also is convicted of or pleads guilty to a	10681
specification of the type described in section 2941.1423 of the	10682
Revised Code that charges that the victim of the violation was a	10683
woman whom the offender knew was pregnant at the time of the	10684
violation, notwithstanding the range of prison terms prescribed in	10685
division (A) of this section for felonies of the same degree as	10686
the violation, the court shall impose on the offender a mandatory	10687
prison term that is either a definite prison term of six months or	10688
one of the prison terms prescribed in section 2929.14 of the	10689
Revised Code for felonies of the same degree as the violation.	10690

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	10691
mandatory prison term is imposed upon an offender pursuant to	10692
division (D)(1)(a) of this section for having a firearm on or	10693
about the offender's person or under the offender's control while	10694
committing a felony, if a mandatory prison term is imposed upon an	10695
offender pursuant to division (D)(1)(c) of this section for	10696
committing a felony specified in that division by discharging a	10697
firearm from a motor vehicle, or if both types of mandatory prison	10698
terms are imposed, the offender shall serve any mandatory prison	10699
term imposed under either division consecutively to any other	10700
mandatory prison term imposed under either division or under	10701
division (D)(1)(d) of this section, consecutively to and prior to	10702
any prison term imposed for the underlying felony pursuant to	10703
division (A), (D)(2), or (D)(3) of this section or any other	10704
section of the Revised Code, and consecutively to any other prison	10705
term or mandatory prison term previously or subsequently imposed	10706
upon the offender.	10707

(b) If a mandatory prison term is imposed upon an offender	10708
pursuant to division (D)(1)(d) of this section for wearing or	10709
carrying body armor while committing an offense of violence that	10710
is a felony, the offender shall serve the mandatory term so	10711
imposed consecutively to any other mandatory prison term imposed	10712
under that division or under division (D)(1)(a) or (c) of this	10713
section, consecutively to and prior to any prison term imposed for	10714
the underlying felony under division (A), (D)(2), or (D)(3) of	10715
this section or any other section of the Revised Code, and	10716
consecutively to any other prison term or mandatory prison term	10717
previously or subsequently imposed upon the offender.	10718

(c) If a mandatory prison term is imposed upon an offender	10719
pursuant to division (D)(1)(f) of this section, the offender shall	10720
serve the mandatory prison term so imposed consecutively to and	10721
prior to any prison term imposed for the underlying felony under	10722
division (A), (D)(2), or (D)(3) of this section or any other	10723
section of the Revised Code, and consecutively to any other prison	10724
term or mandatory prison term previously or subsequently imposed	10725
upon the offender.	10726

(d) If a mandatory prison term is imposed upon an offender	10727
pursuant to division (D)(7) or (8) of this section, the offender	10728
shall serve the mandatory prison term so imposed consecutively to	10729
any other mandatory prison term imposed under that division or	10730
under any other provision of law and consecutively to any other	10731
prison term or mandatory prison term previously or subsequently	10732
imposed upon the offender.	10733

(2) If an offender who is an inmate in a jail, prison, or	10734
other residential detention facility violates section 2917.02,	10735
2917.03, ~~2921.34,~~ or 2921.35 of the Revised Code or division	10736
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	10737
offender who is under detention at a detention facility commits a	10738
felony violation of section 2923.131 of the Revised Code, or if an	10739
offender who is an inmate in a jail, prison, or other residential	10740
detention facility or is under detention at a detention facility	10741
commits another felony while the offender is an escapee in	10742
violation of division (A)(1) or (2) of section 2921.34 of the	10743
Revised Code, any prison term imposed upon the offender for one of	10744
those violations shall be served by the offender consecutively to	10745
the prison term or term of imprisonment the offender was serving	10746
when the offender committed that offense and to any other prison	10747
term previously or subsequently imposed upon the offender.	10748

(3) If a prison term is imposed for a violation of division	10749
(B) of section 2911.01 of the Revised Code, a violation of	10750
division (A) of section 2913.02 of the Revised Code in which the	10751
stolen property is a firearm or dangerous ordnance, or a felony	10752
violation of division (B) of section 2921.331 of the Revised Code,	10753
the offender shall serve that prison term consecutively to any	10754
other prison term or mandatory prison term previously or	10755
subsequently imposed upon the offender.	10756

(4) If multiple prison terms are imposed on an offender for	10757
convictions of multiple offenses, the court shall first consider	10758
imposing the prison terms as concurrent sentences. The court may	10759
require the offender to serve the prison terms consecutively only	10760
if the court finds in language specific to the offender and the	10761
offenses that ~~the~~ consecutive ~~service is~~terms are necessary to	10762
~~protect the public from future crime or to punish the offender and~~	10763
~~that consecutive sentences are not disproportionate~~because they	10764
are proportionate to the seriousness of the offender's conduct and	10765
to the danger of future crime of the offender poses to the public,	10766
~~and if the court also finds any of the following:~~	10767

~~(a) The offender committed one or more of the multiple~~	10768
~~offenses while the offender was awaiting trial or sentencing, was~~	10769
~~under a sanction imposed pursuant to section 2929.16, 2929.17, or~~	10770
~~2929.18 of the Revised Code, or was under post-release control for~~	10771
~~a prior offense.~~	10772

~~(b) At least two of the multiple offenses were committed as~~	10773
~~part of one or more courses of conduct, and the harm caused by two~~	10774
~~or more of the multiple offenses so committed was so great or~~	10775
~~unusual that no single prison term for any of the offenses~~	10776
~~committed as part of any of the courses of conduct adequately~~	10777
~~reflects the seriousness of the offender's conduct.~~	10778

~~(c) The offender's history of criminal conduct demonstrates~~	10779
~~that consecutive sentences are necessary to protect the public~~	10780
~~from future crime by the offender~~.	10781

(5) If a mandatory prison term is imposed upon an offender	10782
pursuant to division (D)(5) or (6) of this section, the offender	10783
shall serve the mandatory prison term consecutively to and prior	10784
to any prison term imposed for the underlying violation of	10785
division (A)(1) or (2) of section 2903.06 of the Revised Code	10786
pursuant to division (A) of this section or section 2929.142 of	10787
the Revised Code. If a mandatory prison term is imposed upon an	10788
offender pursuant to division (D)(5) of this section, and if a	10789
mandatory prison term also is imposed upon the offender pursuant	10790
to division (D)(6) of this section in relation to the same	10791
violation, the offender shall serve the mandatory prison term	10792
imposed pursuant to division (D)(5) of this section consecutively	10793
to and prior to the mandatory prison term imposed pursuant to	10794
division (D)(6) of this section and consecutively to and prior to	10795
any prison term imposed for the underlying violation of division	10796
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	10797
division (A) of this section or section 2929.142 of the Revised	10798
Code.	10799

(6) When consecutive prison terms are imposed pursuant to	10800
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	10801
of this section, the term to be served is the aggregate of all of	10802
the terms so imposed.	10803

(F)(1) If a court imposes a prison term for a felony of the	10804
first degree, for a felony of the second degree, for a felony sex	10805
offense, or for a felony of the third degree that is not a felony	10806
sex offense and in the commission of which the offender caused or	10807
threatened to cause physical harm to a person, it shall include in	10808
the sentence a requirement that the offender be subject to a	10809
period of post-release control after the offender's release from	10810
imprisonment, in accordance with that division. If a court imposes	10811
a sentence including a prison term of a type described in this	10812
division on or after July 11, 2006, the failure of a court to	10813
include a post-release control requirement in the sentence	10814
pursuant to this division does not negate, limit, or otherwise	10815
affect the mandatory period of post-release control that is	10816
required for the offender under division (B) of section 2967.28 of	10817
the Revised Code. Section 2929.191 of the Revised Code applies if,	10818
prior to July 11, 2006, a court imposed a sentence including a	10819
prison term of a type described in this division and failed to	10820
include in the sentence pursuant to this division a statement	10821
regarding post-release control.	10822

(2) If a court imposes a prison term for a felony of the	10823
third, fourth, or fifth degree that is not subject to division	10824
(F)(1) of this section, it shall include in the sentence a	10825
requirement that the offender be subject to a period of	10826
post-release control after the offender's release from	10827
imprisonment, in accordance with that division, if the parole	10828
board determines that a period of post-release control is	10829
necessary. Section 2929.191 of the Revised Code applies if, prior	10830
to July 11, 2006, a court imposed a sentence including a prison	10831
term of a type described in this division and failed to include in	10832
the sentence pursuant to this division a statement regarding	10833
post-release control.	10834

(G) The court shall impose sentence upon the offender in	10835
accordance with section 2971.03 of the Revised Code, and Chapter	10836
2971. of the Revised Code applies regarding the prison term or	10837
term of life imprisonment without parole imposed upon the offender	10838
and the service of that term of imprisonment if any of the	10839
following apply:	10840

(1) A person is convicted of or pleads guilty to a violent	10841
sex offense or a designated homicide, assault, or kidnapping	10842
offense, and, in relation to that offense, the offender is	10843
adjudicated a sexually violent predator.	10844

(2) A person is convicted of or pleads guilty to a violation	10845
of division (A)(1)(b) of section 2907.02 of the Revised Code	10846
committed on or after January 2, 2007, and either the court does	10847
not impose a sentence of life without parole when authorized	10848
pursuant to division (B) of section 2907.02 of the Revised Code,	10849
or division (B) of section 2907.02 of the Revised Code provides	10850
that the court shall not sentence the offender pursuant to section	10851
2971.03 of the Revised Code.	10852

(3) A person is convicted of or pleads guilty to attempted	10853
rape committed on or after January 2, 2007, and a specification of	10854
the type described in section 2941.1418, 2941.1419, or 2941.1420	10855
of the Revised Code.	10856

(4) A person is convicted of or pleads guilty to a violation	10857
of section 2905.01 of the Revised Code committed on or after	10858
January 1, 2008, and that section requires the court to sentence	10859
the offender pursuant to section 2971.03 of the Revised Code.	10860

(5) A person is convicted of or pleads guilty to aggravated	10861
murder committed on or after January 1, 2008, and division	10862
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	10863
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	10864
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	10865
2929.06 of the Revised Code requires the court to sentence the	10866
offender pursuant to division (B)(3) of section 2971.03 of the	10867
Revised Code.	10868

(6) A person is convicted of or pleads guilty to murder	10869
committed on or after January 1, 2008, and division (B)(2) of	10870
section 2929.02 of the Revised Code requires the court to sentence	10871
the offender pursuant to section 2971.03 of the Revised Code.	10872

(H) If a person who has been convicted of or pleaded guilty	10873
to a felony is sentenced to a prison term or term of imprisonment	10874
under this section, sections 2929.02 to 2929.06 of the Revised	10875
Code, section 2929.142 of the Revised Code, section 2971.03 of the	10876
Revised Code, or any other provision of law, section 5120.163 of	10877
the Revised Code applies regarding the person while the person is	10878
confined in a state correctional institution.	10879

(I) If an offender who is convicted of or pleads guilty to a	10880
felony that is an offense of violence also is convicted of or	10881
pleads guilty to a specification of the type described in section	10882
2941.142 of the Revised Code that charges the offender with having	10883
committed the felony while participating in a criminal gang, the	10884
court shall impose upon the offender an additional prison term of	10885
one, two, or three years.	10886

(J)(1) If an offender who is convicted of or pleads guilty to	10887
aggravated murder, murder, or a felony of the first, second, or	10888
third degree that is an offense of violence also is convicted of	10889
or pleads guilty to a specification of the type described in	10890
section 2941.143 of the Revised Code that charges the offender	10891
with having committed the offense in a school safety zone or	10892
towards a person in a school safety zone, the court shall impose	10893
upon the offender an additional prison term of two years. The	10894
offender shall serve the additional two years consecutively to and	10895
prior to the prison term imposed for the underlying offense.	10896

(2)(a) If an offender is convicted of or pleads guilty to a	10897
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	10898
of the Revised Code and to a specification of the type described	10899
in section 2941.1421 of the Revised Code and if the court imposes	10900
a prison term on the offender for the felony violation, the court	10901
may impose upon the offender an additional prison term as follows:	10902

(i) Subject to division (J)(2)(a)(ii) of this section, an	10903
additional prison term of one, two, three, four, five, or six	10904
months;	10905

(ii) If the offender previously has been convicted of or	10906
pleaded guilty to one or more felony or misdemeanor violations of	10907
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	10908
Revised Code and also was convicted of or pleaded guilty to a	10909
specification of the type described in section 2941.1421 of the	10910
Revised Code regarding one or more of those violations, an	10911
additional prison term of one, two, three, four, five, six, seven,	10912
eight, nine, ten, eleven, or twelve months.	10913

(b) In lieu of imposing an additional prison term under	10914
division (J)(2)(a) of this section, the court may directly impose	10915
on the offender a sanction that requires the offender to wear a	10916
real-time processing, continual tracking electronic monitoring	10917
device during the period of time specified by the court. The	10918
period of time specified by the court shall equal the duration of	10919
an additional prison term that the court could have imposed upon	10920
the offender under division (J)(2)(a) of this section. A sanction	10921
imposed under this division shall commence on the date specified	10922
by the court, provided that the sanction shall not commence until	10923
after the offender has served the prison term imposed for the	10924
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	10925
of the Revised Code and any residential sanction imposed for the	10926
violation under section 2929.16 of the Revised Code. A sanction	10927
imposed under this division shall be considered to be a community	10928
control sanction for purposes of section 2929.15 of the Revised	10929
Code, and all provisions of the Revised Code that pertain to	10930
community control sanctions shall apply to a sanction imposed	10931
under this division, except to the extent that they would by their	10932
nature be clearly inapplicable. The offender shall pay all costs	10933
associated with a sanction imposed under this division, including	10934
the cost of the use of the monitoring device.	10935

(K) At the time of sentencing, the court may recommend the	10936
offender for placement in a program of shock incarceration under	10937
section 5120.031 of the Revised Code or for placement in an	10938
intensive program prison under section 5120.032 of the Revised	10939
Code, disapprove placement of the offender in a program of shock	10940
incarceration or an intensive program prison of that nature, or	10941
make no recommendation on placement of the offender. In no case	10942
shall the department of rehabilitation and correction place the	10943
offender in a program or prison of that nature unless the	10944
department determines as specified in section 5120.031 or 5120.032	10945
of the Revised Code, whichever is applicable, that the offender is	10946
eligible for the placement.	10947

If the court disapproves placement of the offender in a	10948
program or prison of that nature, the department of rehabilitation	10949
and correction shall not place the offender in any program of	10950
shock incarceration or intensive program prison.	10951

If the court recommends placement of the offender in a	10952
program of shock incarceration or in an intensive program prison,	10953
and if the offender is subsequently placed in the recommended	10954
program or prison, the department shall notify the court of the	10955
placement and shall include with the notice a brief description of	10956
the placement.	10957

If the court recommends placement of the offender in a	10958
program of shock incarceration or in an intensive program prison	10959
and the department does not subsequently place the offender in the	10960
recommended program or prison, the department shall send a notice	10961
to the court indicating why the offender was not placed in the	10962
recommended program or prison.	10963

If the court does not make a recommendation under this	10964
division with respect to an offender and if the department	10965
determines as specified in section 5120.031 or 5120.032 of the	10966
Revised Code, whichever is applicable, that the offender is	10967
eligible for placement in a program or prison of that nature, the	10968
department shall screen the offender and determine if there is an	10969
available program of shock incarceration or an intensive program	10970
prison for which the offender is suited. If there is an available	10971
program of shock incarceration or an intensive program prison for	10972
which the offender is suited, the department shall notify the	10973
court of the proposed placement of the offender as specified in	10974
section 5120.031 or 5120.032 of the Revised Code and shall include	10975
with the notice a brief description of the placement. The court	10976
shall have ten days from receipt of the notice to disapprove the	10977
placement.	10978

(L) If a person is convicted of or pleads guilty to	10979
aggravated vehicular homicide in violation of division (A)(1) of	10980
section 2903.06 of the Revised Code and division (B)(2)(c) of that	10981
section applies, the person shall be sentenced pursuant to section	10982
2929.142 of the Revised Code.	10983

Sec. 2929.143. (A) When a court sentences an offender who is	10984
convicted of a felony to a term of incarceration in a state	10985
correctional institution, the court may recommend that the	10986
offender serve a risk reduction sentence under section 5120.036 of	10987
the Revised Code if the offense for which the offender is being	10988
sentenced is not a sexually oriented offense, the court determines	10989
that a risk reduction sentence is appropriate, and all of the	10990
following apply:	10991

(1) The prosecutor and the defense attorney agree that a risk	10992
reduction sentence is appropriate.	10993

(2) The offender agrees to cooperate with an assessment of	10994
the offender's needs and risk of reoffending that the department	10995
of rehabilitation and correction conducts under section 5120.036	10996
of the Revised Code.	10997

(3) The offender agrees to participate in any programming or	10998
treatment that the department of rehabilitation and correction	10999
orders to address any issues raised in the assessment described in	11000
division (A)(2) of this section.	11001

(B) An offender who is serving a risk reduction sentence is	11002
not entitled to any earned credit under section 2967.193 of the	11003
Revised Code.	11004

Sec. 2929.15. (A)(1) If in sentencing an offender for a	11005
felony the court is not required to impose a prison term, a	11006
mandatory prison term, or a term of life imprisonment upon the	11007
offender, the court may directly impose a sentence that consists	11008
of one or more community control sanctions authorized pursuant to	11009
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	11010
court is sentencing an offender for a fourth degree felony OVI	11011
offense under division (G)(1) of section 2929.13 of the Revised	11012
Code, in addition to the mandatory term of local incarceration	11013
imposed under that division and the mandatory fine required by	11014
division (B)(3) of section 2929.18 of the Revised Code, the court	11015
may impose upon the offender a community control sanction or	11016
combination of community control sanctions in accordance with	11017
sections 2929.16 and 2929.17 of the Revised Code. If the court is	11018
sentencing an offender for a third or fourth degree felony OVI	11019
offense under division (G)(2) of section 2929.13 of the Revised	11020
Code, in addition to the mandatory prison term or mandatory prison	11021
term and additional prison term imposed under that division, the	11022
court also may impose upon the offender a community control	11023
sanction or combination of community control sanctions under	11024
section 2929.16 or 2929.17 of the Revised Code, but the offender	11025
shall serve all of the prison terms so imposed prior to serving	11026
the community control sanction.	11027

The duration of all community control sanctions imposed upon	11028
an offender under this division shall not exceed five years. If	11029
the offender absconds or otherwise leaves the jurisdiction of the	11030
court in which the offender resides without obtaining permission	11031
from the court or the offender's probation officer to leave the	11032
jurisdiction of the court, or if the offender is confined in any	11033
institution for the commission of any offense while under a	11034
community control sanction, the period of the community control	11035
sanction ceases to run until the offender is brought before the	11036
court for its further action. If the court sentences the offender	11037
to one or more nonresidential sanctions under section 2929.17 of	11038
the Revised Code, the court shall impose as a condition of the	11039
nonresidential sanctions that, during the period of the sanctions,	11040
the offender must abide by the law and must not leave the state	11041
without the permission of the court or the offender's probation	11042
officer. The court may impose any other conditions of release	11043
under a community control sanction that the court considers	11044
appropriate, including, but not limited to, requiring that the	11045
offender not ingest or be injected with a drug of abuse and submit	11046
to random drug testing as provided in division (D) of this section	11047
to determine whether the offender ingested or was injected with a	11048
drug of abuse and requiring that the results of the drug test	11049
indicate that the offender did not ingest or was not injected with	11050
a drug of abuse.	11051

(2)(a) If a court sentences an offender to any community	11052
control sanction or combination of community control sanctions	11053
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	11054
Revised Code, the court shall place the offender under the general	11055
control and supervision of a department of probation in the county	11056
that serves the court for purposes of reporting to the court a	11057
violation of any condition of the sanctions, any condition of	11058
release under a community control sanction imposed by the court, a	11059
violation of law, or the departure of the offender from this state	11060
without the permission of the court or the offender's probation	11061
officer. Alternatively, if the offender resides in another county	11062
and a county department of probation has been established in that	11063
county or that county is served by a multicounty probation	11064
department established under section 2301.27 of the Revised Code,	11065
the court may request the court of common pleas of that county to	11066
receive the offender into the general control and supervision of	11067
that county or multicounty department of probation for purposes of	11068
reporting to the court a violation of any condition of the	11069
sanctions, any condition of release under a community control	11070
sanction imposed by the court, a violation of law, or the	11071
departure of the offender from this state without the permission	11072
of the court or the offender's probation officer, subject to the	11073
jurisdiction of the trial judge over and with respect to the	11074
person of the offender, and to the rules governing that department	11075
of probation.	11076

If there is no department of probation in the county that	11077
serves the court, the court shall place the offender, regardless	11078
of the offender's county of residence, under the general control	11079
and supervision of the adult parole authority for purposes of	11080
reporting to the court a violation of any of the sanctions, any	11081
condition of release under a community control sanction imposed by	11082
the court, a violation of law, or the departure of the offender	11083
from this state without the permission of the court or the	11084
offender's probation officer.	11085

(b) If the court imposing sentence upon an offender sentences	11086
the offender to any community control sanction or combination of	11087
community control sanctions authorized pursuant to section	11088
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	11089
offender violates any condition of the sanctions, any condition of	11090
release under a community control sanction imposed by the court,	11091
violates any law, or departs the state without the permission of	11092
the court or the offender's probation officer, the public or	11093
private person or entity that operates or administers the sanction	11094
or the program or activity that comprises the sanction shall	11095
report the violation or departure directly to the sentencing	11096
court, or shall report the violation or departure to the county or	11097
multicounty department of probation with general control and	11098
supervision over the offender under division (A)(2)(a) of this	11099
section or the officer of that department who supervises the	11100
offender, or, if there is no such department with general control	11101
and supervision over the offender under that division, to the	11102
adult parole authority. If the public or private person or entity	11103
that operates or administers the sanction or the program or	11104
activity that comprises the sanction reports the violation or	11105
departure to the county or multicounty department of probation or	11106
the adult parole authority, the department's or authority's	11107
officers may treat the offender as if the offender were on	11108
probation and in violation of the probation, and shall report the	11109
violation of the condition of the sanction, any condition of	11110
release under a community control sanction imposed by the court,	11111
the violation of law, or the departure from the state without the	11112
required permission to the sentencing court.	11113

(3) If an offender who is eligible for community control	11114
sanctions under this section admits to being drug addicted or the	11115
court has reason to believe that the offender is drug addicted,	11116
and if the offense for which the offender is being sentenced was	11117
related to the addiction, the court may require that the offender	11118
be assessed by a properly credentialed professional within a	11119
specified period of time and shall require the professional to	11120
file a written assessment of the offender with the court. If a	11121
court imposes treatment and recovery support services as a	11122
community control sanction, the court shall direct the level and	11123
type of treatment and recovery support services after	11124
consideration of the written assessment, if available at the time	11125
of sentencing, and recommendations of the professional and other	11126
treatment and recovery support services providers.	11127

(4) If an assessment completed pursuant to division (A)(3) of	11128
this section indicates that the offender is addicted to drugs or	11129
alcohol, the court may include in any community control sanction	11130
imposed for a violation of section 2925.02, 2925.03, 2925.04,	11131
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	11132
2925.37 of the Revised Code a requirement that the offender	11133
participate in a treatment and recovery support services program	11134
certified under section 3793.06 of the Revised Code or offered by	11135
another properly credentialed program provider.	11136

(B)(1) If the conditions of a community control sanction are	11137
violated or if the offender violates a law or leaves the state	11138
without the permission of the court or the offender's probation	11139
officer, the sentencing court may impose upon the violator one or	11140
more of the following penalties:	11141

(a) A longer time under the same sanction if the total time	11142
under the sanctions does not exceed the five-year limit specified	11143
in division (A) of this section;	11144

(b) A more restrictive sanction under section 2929.16,	11145
2929.17, or 2929.18 of the Revised Code;	11146

(c) A prison term on the offender pursuant to section 2929.14	11147
of the Revised Code.	11148

(2) The prison term, if any, imposed upon a violator pursuant	11149
to this division shall be within the range of prison terms	11150
available for the offense for which the sanction that was violated	11151
was imposed and shall not exceed the prison term specified in the	11152
notice provided to the offender at the sentencing hearing pursuant	11153
to division (B)(3) of section 2929.19 of the Revised Code. The	11154
court may reduce the longer period of time that the offender is	11155
required to spend under the longer sanction, the more restrictive	11156
sanction, or a prison term imposed pursuant to this division by	11157
the time the offender successfully spent under the sanction that	11158
was initially imposed.	11159

(C) If an offender, for a significant period of time,	11160
fulfills the conditions of a sanction imposed pursuant to section	11161
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	11162
manner, the court may reduce the period of time under the sanction	11163
or impose a less restrictive sanction, but the court shall not	11164
permit the offender to violate any law or permit the offender to	11165
leave the state without the permission of the court or the	11166
offender's probation officer.	11167

(D)(1) If a court under division (A)(1) of this section	11168
imposes a condition of release under a community control sanction	11169
that requires the offender to submit to random drug testing, the	11170
department of probation or the adult parole authority that has	11171
general control and supervision of the offender under division	11172
(A)(2)(a) of this section may cause the offender to submit to	11173
random drug testing performed by a laboratory or entity that has	11174
entered into a contract with any of the governmental entities or	11175
officers authorized to enter into a contract with that laboratory	11176
or entity under section 341.26, 753.33, or 5120.63 of the Revised	11177
Code.	11178

(2) If no laboratory or entity described in division (D)(1)	11179
of this section has entered into a contract as specified in that	11180
division, the department of probation or the adult parole	11181
authority that has general control and supervision of the offender	11182
under division (A)(2)(a) of this section shall cause the offender	11183
to submit to random drug testing performed by a reputable public	11184
laboratory to determine whether the individual who is the subject	11185
of the drug test ingested or was injected with a drug of abuse.	11186

(3) A laboratory or entity that has entered into a contract	11187
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	11188
shall perform the random drug tests under division (D)(1) of this	11189
section in accordance with the applicable standards that are	11190
included in the terms of that contract. A public laboratory shall	11191
perform the random drug tests under division (D)(2) of this	11192
section in accordance with the standards set forth in the policies	11193
and procedures established by the department of rehabilitation and	11194
correction pursuant to section 5120.63 of the Revised Code. An	11195
offender who is required under division (A)(1) of this section to	11196
submit to random drug testing as a condition of release under a	11197
community control sanction and whose test results indicate that	11198
the offender ingested or was injected with a drug of abuse shall	11199
pay the fee for the drug test if the department of probation or	11200
the adult parole authority that has general control and	11201
supervision of the offender requires payment of a fee. A	11202
laboratory or entity that performs the random drug testing on an	11203
offender under division (D)(1) or (2) of this section shall	11204
transmit the results of the drug test to the appropriate	11205
department of probation or the adult parole authority that has	11206
general control and supervision of the offender under division	11207
(A)(2)(a) of this section.	11208

(E) The court may sentence a felony offender to a	11209
community-based corrections program that is established pursuant	11210
to section 5149.31 of the Revised Code if the offender meets any	11211
of the following criteria:	11212

(1) The offender is convicted of a felony of the first,	11213
second, or third degree.	11214

(2) The offender is convicted of a felony of the fourth or	11215
fifth degree and is found to be a high risk, as assessed by the	11216
single validated risk assessment tool described in section	11217
5120.114 of the Revised Code.	11218

(3) The offender's community control sanction or combination	11219
of community control sanctions imposed under section 2929.16 or	11220
2929.17 of the Revised Code has been revoked, and the offender is	11221
found to be a medium or high risk, as assessed by the single	11222
validated risk assessment tool described in section 5120.114 of	11223
the Revised Code.	11224

Sec. 2929.16. (A) Except as provided in this division, the	11225
court imposing a sentence for a felony upon an offender who is not	11226
required to serve a mandatory prison term may impose any community	11227
residential sanction or combination of community residential	11228
sanctions under this section. The court imposing a sentence for a	11229
fourth degree felony OVI offense under division (G)(1) or (2) of	11230
section 2929.13 of the Revised Code or for a third degree felony	11231
OVI offense under division (G)(2) of that section may impose upon	11232
the offender, in addition to the mandatory term of local	11233
incarceration or mandatory prison term imposed under the	11234
applicable division, a community residential sanction or	11235
combination of community residential sanctions under this section,	11236
and the offender shall serve or satisfy the sanction or	11237
combination of sanctions after the offender has served the	11238
mandatory term of local incarceration or mandatory prison term	11239
required for the offense. Community residential sanctions include,	11240
but are not limited to, the following:	11241

(1) A term of up to six months at a community-based	11242
correctional facility that serves the county;if the offender	11243
satisfies any of the following criteria:	11244

(a) The offender is convicted of a felony of the first or	11245
second degree.	11246

(b) The offender is convicted of a felony of the third degree	11247
and is found to be a medium or high risk, as assessed by the	11248
single validated risk assessment tool described in section	11249
5120.114 of the Revised Code.	11250

(c) The offender is convicted of a felony of the fourth or	11251
fifth degree and is found to be a high risk, as assessed by the	11252
single validated risk assessment tool described in section	11253
5120.114 of the Revised Code.	11254

(d) The offender's community control sanction or combination	11255
of community control sanctions imposed under section 2929.16 or	11256
2929.17 of the Revised Code have been revoked, and the offender is	11257
found to be a medium or high risk, as assessed by the single	11258
validated risk assessment tool described in section 5120.114 of	11259
the Revised Code.	11260

(2) Except as otherwise provided in division (A)(3) of this	11261
section and subject to division (D) of this section, a term of up	11262
to six months in a jail;	11263

(3) If the offender is convicted of a fourth degree felony	11264
OVI offense and is sentenced under division (G)(1) of section	11265
2929.13 of the Revised Code, subject to division (D) of this	11266
section, a term of up to one year in a jail less the mandatory	11267
term of local incarceration of sixty or one hundred twenty	11268
consecutive days of imprisonment imposed pursuant to that	11269
division;	11270

(4) A term in a halfway house;

11271

(5) A term in an alternative residential facility.

11272

(B) The court that assigns any offender convicted of a felony	11273
to a residential sanction under this section may authorize the	11274
offender to be released so that the offender may seek or maintain	11275
employment, receive education or training, or receive treatment. A	11276
release pursuant to this division shall be only for the duration	11277
of time that is needed to fulfill the purpose of the release and	11278
for travel that reasonably is necessary to fulfill the purposes of	11279
the release.	11280

(C) If the court assigns an offender to a county jail that is	11281
not a minimum security misdemeanant jail in a county that has	11282
established a county jail industry program pursuant to section	11283
5147.30 of the Revised Code, the court shall specify, as part of	11284
the sentence, whether the sheriff of that county may consider the	11285
offender for participation in the county jail industry program.	11286
During the offender's term in the county jail, the court shall	11287
retain jurisdiction to modify its specification upon a	11288
reassessment of the offender's qualifications for participation in	11289
the program.	11290

(D) If a court sentences an offender to a term in jail under	11291
division (A)(2) or (3) of this section and if the sentence is	11292
imposed for a felony of the fourth or fifth degree that is not an	11293
offense of violence, the court may specify that it prefers that	11294
the offender serve the term in a minimum security jail established	11295
under section 341.34 or 753.21 of the Revised Code. If the court	11296
includes a specification of that type in the sentence and if the	11297
administrator of the appropriate minimum security jail or the	11298
designee of that administrator classifies the offender in	11299
accordance with section 341.34 or 753.21 of the Revised Code as a	11300
minimal security risk, the offender shall serve the term in the	11301
minimum security jail established under section 341.34 or 753.21	11302
of the Revised Code. Absent a specification of that type and a	11303
finding of that type, the offender shall serve the term in a jail	11304
other than a minimum security jail established under section	11305
341.34 or 753.21 of the Revised Code.	11306

(E) If a person who has been convicted of or pleaded guilty	11307
to a felony is sentenced to a community residential sanction as	11308
described in division (A) of this section, at the time of	11309
reception and at other times the person in charge of the operation	11310
of the community-based correctional facility, jail, halfway house,	11311
alternative residential facility, or other place at which the	11312
offender will serve the residential sanction determines to be	11313
appropriate, the person in charge of the operation of the	11314
community-based correctional facility, jail, halfway house,	11315
alternative residential facility, or other place may cause the	11316
convicted offender to be examined and tested for tuberculosis, HIV	11317
infection, hepatitis, including but not limited to hepatitis A, B,	11318
and C, and other contagious diseases. The person in charge of the	11319
operation of the community-based correctional facility, jail,	11320
halfway house, alternative residential facility, or other place at	11321
which the offender will serve the residential sanction may cause a	11322
convicted offender in the community-based correctional facility,	11323
jail, halfway house, alternative residential facility, or other	11324
place who refuses to be tested or treated for tuberculosis, HIV	11325
infection, hepatitis, including but not limited to hepatitis A, B,	11326
and C, or another contagious disease to be tested and treated	11327
involuntarily.	11328

Sec. 2929.20. (A) As used in this section:

11329

(1)(a) Except as provided in division (A)(1)(b) of this	11330
section, "eligible offender" means any person who, on or after	11331
April 7, 2009, is serving a stated prison term ofthat includes	11332
one or more nonmandatory prison terms that in the aggregate are	11333
ten years or less ~~when either of the following applies:~~	11334

~~(i) The stated prison term does not include a mandatory~~	11335
~~prison term.~~	11336

~~(ii) The stated prison term includes a mandatory prison term,~~	11337
~~and the person has served the mandatory prison term~~.	11338

(b) "Eligible offender" does not include any person who, on	11339
or after April 7, 2009, is serving a stated prison term for any of	11340
the following criminal offenses that was a felony and was	11341
committed while the person held a public office in this state:	11342

(i) A violation of section 2921.02, 2921.03, 2921.05,	11343
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	11344
Code;	11345

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	11346
2921.12 of the Revised Code, when the conduct constituting the	11347
violation was related to the duties of the offender's public	11348
office or to the offender's actions as a public official holding	11349
that public office;	11350

(iii) A violation of an existing or former municipal	11351
ordinance or law of this or any other state or the United States	11352
that is substantially equivalent to any violation listed in	11353
division (A)(1)(b)(i) of this section;	11354

(iv) A violation of an existing or former municipal ordinance	11355
or law of this or any other state or the United States that is	11356
substantially equivalent to any violation listed in division	11357
(A)(1)(b)(ii) of this section, when the conduct constituting the	11358
violation was related to the duties of the offender's public	11359
office or to the offender's actions as a public official holding	11360
that public office;	11361

(v) A conspiracy to commit, attempt to commit, or complicity	11362
in committing any offense listed in division (A)(1)(b)(i) or	11363
described in division (A)(1)(b)(iii) of this section;	11364

(vi) A conspiracy to commit, attempt to commit, or complicity	11365
in committing any offense listed in division (A)(1)(b)(ii) or	11366
described in division (A)(1)(b)(iv) of this section, if the	11367
conduct constituting the offense that was the subject of the	11368
conspiracy, that would have constituted the offense attempted, or	11369
constituting the offense in which the offender was complicit was	11370
or would have been related to the duties of the offender's public	11371
office or to the offender's actions as a public official holding	11372
that public office.	11373

(2) "Nonmandatory prison term" means a prison term that is	11374
not a mandatory prison term.	11375

(3) "Public office" means any elected federal, state, or	11376
local government office in this state.	11377

(B) On the motion of an eligible offender or upon its own	11378
motion, the sentencing court may reduce the eligible offender's	11379
~~stated~~aggregated nonmandatory prison term or terms of ten years	11380
or less through a judicial release under this section.	11381

(C) An eligible offender may file a motion for judicial	11382
release with the sentencing court within the following applicable	11383
periods:	11384

(1) If the ~~stated~~aggregated nonmandatory prison term or	11385
terms is less than two years, the eligible offender may file the	11386
motion ~~not earlier than thirty days~~ after the offender is	11387
~~delivered to a state correctional institution or, if the prison~~	11388
~~term includes a mandatory prison term or terms, not earlier than~~	11389
has served thirty days ~~after the expiration of all mandatory~~	11390
~~prison terms~~of the aggregated nonmandatory prison term or terms.	11391

(2) If the ~~stated~~aggregated nonmandatory prison term or	11392
terms is at least two years but less than five years, the eligible	11393
offender may file the motion ~~not earlier than one hundred eighty~~	11394
~~days~~ after the offender ~~is delivered to a state correctional~~	11395
~~institution or, if the prison term includes a mandatory prison~~	11396
~~term or terms, not earlier than~~has served one hundred eighty	11397
days ~~after the expiration of all mandatory prison terms~~of the	11398
aggregated nonmandatory prison term or terms.	11399

(3) If the aggregated nonmandatory prison term or terms is	11400
five years, the eligible offender may file the motion after the	11401
eligible offender has served four years of the aggregated	11402
nonmandatory prison term or terms.	11403

(4) If the ~~stated~~aggregated nonmandatory prison term or	11404
terms is more than five years ~~or more~~ but not more than ten years,	11405
the eligible offender may file the motion ~~not earlier than five~~	11406
~~years~~ after the eligible offender ~~is delivered to a state~~	11407
~~correctional institution or, if the prison term includes a~~	11408
~~mandatory prison term or terms, not earlier than~~has served five	11409
years ~~after the expiration of all mandatory prison~~of the	11410
aggregated nonmandatory prison term or terms.	11411

(D) Upon receipt of a timely motion for judicial release	11412
filed by an eligible offender under division (C) of this section	11413
or upon the sentencing court's own motion made within the	11414
appropriate time specified in that division, the court may deny	11415
the motion without a hearing or schedule a hearing on the motion.	11416
The court shall not grant the motion without a hearing. If a court	11417
denies a motion without a hearing, the court later may consider	11418
judicial release for that eligible offender on a subsequent motion	11419
filed by that eligible offender unless the court denies the motion	11420
with prejudice. If a court denies a motion with prejudice, the	11421
court may later consider judicial release on its own motion. If a	11422
court denies a motion after a hearing, the court shall not	11423
consider a subsequent motion for that eligible offender. The court	11424
shall hold only one hearing for any eligible offender.	11425

A hearing under this section shall be conducted in open court	11426
within sixty days after the motion is filed, provided that the	11427
court may delay the hearing for one hundred eighty additional	11428
days. If the court holds a hearing, the court shall enter a ruling	11429
on the motion within ten days after the hearing. If the court	11430
denies the motion without a hearing, the court shall enter its	11431
ruling on the motion within sixty days after the motion is filed.	11432

(E) If a court schedules a hearing under division (D) of this	11433
section, the court shall notify the eligible offender and the head	11434
of the state correctional institution in which the eligible	11435
offender is confined prior to the hearing. The head of the state	11436
correctional institution immediately shall notify the appropriate	11437
person at the department of rehabilitation and correction of the	11438
hearing, and the department within twenty-four hours after receipt	11439
of the notice, shall post on the database it maintains pursuant to	11440
section 5120.66 of the Revised Code the offender's name and all of	11441
the information specified in division (A)(1)(c)(i) of that	11442
section. If the court schedules a hearing for judicial release,	11443
the court promptly shall give notice of the hearing to the	11444
prosecuting attorney of the county in which the eligible offender	11445
was indicted. Upon receipt of the notice from the court, the	11446
prosecuting attorney shall notify the victim of the offense or the	11447
victim's representative pursuant to section 2930.16 of the Revised	11448
Code.	11449

(F) Upon an offender's successful completion of	11450
rehabilitative activities, the head of the state correctional	11451
institution may notify the sentencing court of the successful	11452
completion of the activities.	11453

(G) Prior to the date of the hearing on a motion for judicial	11454
release under this section, the head of the state correctional	11455
institution in which the eligible offender is confined shall send	11456
to the court a report on the eligible offender's conduct in the	11457
institution and in any institution from which the eligible	11458
offender may have been transferred. The report shall cover the	11459
eligible offender's participation in school, vocational training,	11460
work, treatment, and other rehabilitative activities and any	11461
disciplinary action taken against the eligible offender. The	11462
report shall be made part of the record of the hearing.	11463

(H) If the court grants a hearing on a motion for judicial	11464
release under this section, the eligible offender shall attend the	11465
hearing if ordered to do so by the court. Upon receipt of a copy	11466
of the journal entry containing the order, the head of the state	11467
correctional institution in which the eligible offender is	11468
incarcerated shall deliver the eligible offender to the sheriff of	11469
the county in which the hearing is to be held. The sheriff shall	11470
convey the eligible offender to and from the hearing.	11471

(I) At the hearing on a motion for judicial release under	11472
this section, the court shall afford the eligible offender and the	11473
eligible offender's attorney an opportunity to present written	11474
and, if present, oral information relevant to the motion. The	11475
court shall afford a similar opportunity to the prosecuting	11476
attorney, the victim or the victim's representative, as defined in	11477
section 2930.01 of the Revised Code, and any other person the	11478
court determines is likely to present additional relevant	11479
information. The court shall consider any statement of a victim	11480
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	11481
any victim impact statement prepared pursuant to section 2947.051	11482
of the Revised Code, and any report made under division (G) of	11483
this section. The court may consider any written statement of any	11484
person submitted to the court pursuant to division (L) of this	11485
section. After ruling on the motion, the court shall notify the	11486
victim of the ruling in accordance with sections 2930.03 and	11487
2930.16 of the Revised Code.	11488

(J)(1) A court shall not grant a judicial release under this	11489
section to an eligible offender who is imprisoned for a felony of	11490
the first or second degree, or to an eligible offender who	11491
committed an offense under Chapter 2925. or 3719. of the Revised	11492
Code and for whom there was a presumption under section 2929.13 of	11493
the Revised Code in favor of a prison term, unless the court, with	11494
reference to factors under section 2929.12 of the Revised Code,	11495
finds both of the following:	11496

(a) That a sanction other than a prison term would adequately	11497
punish the offender and protect the public from future criminal	11498
violations by the eligible offender because the applicable factors	11499
indicating a lesser likelihood of recidivism outweigh the	11500
applicable factors indicating a greater likelihood of recidivism;	11501

(b) That a sanction other than a prison term would not demean	11502
the seriousness of the offense because factors indicating that the	11503
eligible offender's conduct in committing the offense was less	11504
serious than conduct normally constituting the offense outweigh	11505
factors indicating that the eligible offender's conduct was more	11506
serious than conduct normally constituting the offense.	11507

(2) A court that grants a judicial release to an eligible	11508
offender under division (J)(1) of this section shall specify on	11509
the record both findings required in that division and also shall	11510
list all the factors described in that division that were	11511
presented at the hearing.	11512

(K) If the court grants a motion for judicial release under	11513
this section, the court shall order the release of the eligible	11514
offender, shall place the eligible offender under an appropriate	11515
community control sanction, under appropriate conditions, and	11516
under the supervision of the department of probation serving the	11517
court and shall reserve the right to reimpose the sentence that it	11518
reduced if the offender violates the sanction. If the court	11519
reimposes the reduced sentence, it may do so either concurrently	11520
with, or consecutive to, any new sentence imposed upon the	11521
eligible offender as a result of the violation that is a new	11522
offense. The period of community control shall be no longer than	11523
five years. The court, in its discretion, may reduce the period of	11524
community control by the amount of time the eligible offender	11525
spent in jail or prison for the offense and in prison. If the	11526
court made any findings pursuant to division (J)(1) of this	11527
section, the court shall serve a copy of the findings upon counsel	11528
for the parties within fifteen days after the date on which the	11529
court grants the motion for judicial release.	11530

If the court grants a motion for judicial release, the court	11531
shall notify the appropriate person at the department of	11532
rehabilitation and correction, and the department shall post	11533
notice of the release on the database it maintains pursuant to	11534
section 5120.66 of the Revised Code.	11535

(L) In addition to and independent of the right of a victim	11536
to make a statement pursuant to section 2930.14, 2930.17, or	11537
2946.051 of the Revised Code and any right of a person to present	11538
written information or make a statement pursuant to division (I)	11539
of this section, any person may submit to the court, at any time	11540
prior to the hearing on the offender's motion for judicial	11541
release, a written statement concerning the effects of the	11542
offender's crime or crimes, the circumstances surrounding the	11543
crime or crimes, the manner in which the crime or crimes were	11544
perpetrated, and the person's opinion as to whether the offender	11545
should be released.	11546

(M) The changes to this section that are made on the	11547
effective date of this division apply to any judicial release	11548
decision made on or after the effective date of this division for	11549
any eligible offender.	11550

Sec. 2929.26. (A) Except when a mandatory jail term is	11551
required by law, the court imposing a sentence for a misdemeanor,	11552
other than a minor misdemeanor, may impose upon the offender any	11553
community residential sanction or combination of community	11554
residential sanctions under this section. Community residential	11555
sanctions include, but are not limited to, the following:	11556

(1) A term of up to one hundred eighty days in a halfway	11557
house or a term in a halfway house not to exceed the longest jail	11558
term available for the offense, whichever is shorter, if the	11559
political subdivision that would have responsibility for paying	11560
the costs of confining the offender in a jail has entered into a	11561
contract with the halfway house for use of the facility for	11562
misdemeanor offenders;	11563

(2) A term of up to one hundred eighty days in an alternative	11564
residential facility or a term in an alternative residential	11565
facility not to exceed the longest jail term available for the	11566
offense, whichever is shorter. The court may specify the level of	11567
security in the alternative residential facility that is needed	11568
for the offender.	11569

(3) If the offender is an eligible offender, as defined in	11570
section 307.932 of the Revised Code, a term of up to thirty days	11571
in a community alternative sentencing center or district community	11572
alternative sentencing center established and operated in	11573
accordance with that section, in the circumstances specified in	11574
that section, with one of the conditions of the sanction being	11575
that the offender complete in the center the entire term imposed.	11576

(B) ~~The~~A sentence to a community residential sanction under	11577
division (A)(3) of this section shall be in accordance with	11578
section 307.932 of the Revised Code. In all other cases, the court	11579
that sentences an offender to a community residential sanction	11580
under this section may do either or both of the following:	11581

(1) Permit the offender to serve the offender's sentence in	11582
intermittent confinement, overnight, on weekends or at any other	11583
time or times that will allow the offender to continue at the	11584
offender's occupation or care for the offender's family;	11585

(2) Authorize the offender to be released so that the	11586
offender may seek or maintain employment, receive education or	11587
training, receive treatment, perform community service, or	11588
otherwise fulfill an obligation imposed by law or by the court. A	11589
release pursuant to this division shall be only for the duration	11590
of time that is needed to fulfill the purpose of the release and	11591
for travel that reasonably is necessary to fulfill the purposes of	11592
the release.	11593

(C) The court may order that a reasonable portion of the	11594
income earned by the offender upon a release pursuant to division	11595
(B) of this section be applied to any financial sanction imposed	11596
under section 2929.28 of the Revised Code.	11597

(D) No court shall sentence any person to a prison term for a	11598
misdemeanor or minor misdemeanor or to a jail term for a minor	11599
misdemeanor.	11600

(E) If a court sentences a person who has been convicted of	11601
or pleaded guilty to a misdemeanor to a community residential	11602
sanction as described in division (A) of this section, at the time	11603
of reception and at other times the person in charge of the	11604
operation of the halfway house, alternative residential facility,	11605
community alternative sentencing center, district community	11606
alternative sentencing center, or other place at which the	11607
offender will serve the residential sanction determines to be	11608
appropriate, the person in charge of the operation of the halfway	11609
house, alternative residential facility, community alternative	11610
sentencing center, district community alternative sentencing	11611
center, or other place may cause the convicted offender to be	11612
examined and tested for tuberculosis, HIV infection, hepatitis,	11613
including, but not limited to, hepatitis A, B, and C, and other	11614
contagious diseases. The person in charge of the operation of the	11615
halfway house, alternative residential facility, community	11616
alternative sentencing center, district community alternative	11617
sentencing center, or other place at which the offender will serve	11618
the residential sanction may cause a convicted offender in the	11619
halfway house, alternative residential facility, community	11620
alternative sentencing center, district community alternative	11621
sentencing center, or other place who refuses to be tested or	11622
treated for tuberculosis, HIV infection, hepatitis, including, but	11623
not limited to, hepatitis A, B, and C, or another contagious	11624
disease to be tested and treated involuntarily.	11625

(F) A political subdivision may enter into a contract with a	11626
halfway house for use of the halfway house to house misdemeanor	11627
offenders under a sanction imposed under division (A)(1) of this	11628
section.	11629

Sec. 2929.34. (A) A person who is convicted of or pleads	11630
guilty to aggravated murder, murder, or an offense punishable by	11631
life imprisonment and who is sentenced to a term of life	11632
imprisonment or a prison term pursuant to that conviction shall	11633
serve that term in an institution under the control of the	11634
department of rehabilitation and correction.	11635

(B)(1) A person who is convicted of or pleads guilty to a	11636
felony other than aggravated murder, murder, or an offense	11637
punishable by life imprisonment and who is sentenced to a term of	11638
imprisonment or a prison term pursuant to that conviction shall	11639
serve that term as follows:	11640

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	11641
section, in an institution under the control of the department of	11642
rehabilitation and correction if the term is a prison term or as	11643
otherwise determined by the sentencing court pursuant to section	11644
2929.16 of the Revised Code if the term is not a prison term;	11645

(b) In a facility of a type described in division (G)(1) of	11646
section 2929.13 of the Revised Code, if the offender is sentenced	11647
pursuant to that division.	11648

(2) If the term is a prison term, the person may be	11649
imprisoned in a jail that is not a minimum security jail pursuant	11650
to agreement under section 5120.161 of the Revised Code between	11651
the department of rehabilitation and correction and the local	11652
authority that operates the jail.	11653

(C) A person who is convicted of or pleads guilty to one or	11654
more misdemeanors and who is sentenced to a jail term or term of	11655
imprisonment pursuant to the conviction or convictions shall serve	11656
that term in a county, multicounty, municipal, municipal-county,	11657
or multicounty-municipal jail or workhouse; in a community	11658
alternative sentencing center or district community alternative	11659
sentencing center when authorized by section 307.932 of the	11660
Revised Code; or, if the misdemeanor or misdemeanors are not	11661
offenses of violence, in a minimum security jail.	11662

(D) Nothing in this section prohibits the commitment,	11663
referral, or sentencing of a person who is convicted of or pleads	11664
guilty to a felony to a community-based correctional facility.	11665

Sec. 2930.12. At the request of the victim in a criminal	11666
prosecution, the prosecutor shall give the victim notice of the	11667
defendant's acquittal or conviction. At the request of the victim	11668
in a delinquency proceeding, the prosecutor shall give the victim	11669
notice of the dismissal of the complaint against the alleged	11670
juvenile offender or of the adjudication of the alleged juvenile	11671
offender as a delinquent child, except that, if the juvenile court	11672
dismisses the complaint against the alleged juvenile offender or	11673
adjudicates the alleged juvenile offender a delinquent child prior	11674
to the prosecutor's involvement in the case, at the request of the	11675
victim, the court or a court employee shall give the victim notice	11676
of the dismissal or of the adjudication. If the defendant or	11677
alleged juvenile offender is convicted or is adjudicated a	11678
delinquent child, the notice shall include all of the following:	11679

(A) The crimes or specified delinquent acts of which the	11680
defendant was convicted or for which the alleged juvenile offender	11681
was adjudicated a delinquent child;	11682

(B) The address and telephone number of the probation office	11683
or other person, if any, that is to prepare a presentence	11684
investigation report pursuant to section 2951.03 of the Revised	11685
Code or Criminal Rule 32.2, the address and telephone number of	11686
the person, if any, who is to prepare a disposition investigation	11687
report pursuant to division (C)(1) of section 2152.18 of the	11688
Revised Code, and the address and telephone number of the person,	11689
if any, who is to prepare a victim impact statement pursuant to	11690
division (D)(1) of section 2152.19 or section 2947.051 of the	11691
Revised Code;	11692

(C) Notice that the victim may make a statement about the	11693
impact of the crime or specified delinquent act to the probation	11694
officer or other person, if any, who prepares the presentence	11695
investigation report or to the person, if any, who prepares a	11696
victim impact statement, that a statement of the victim included	11697
in the report will be made available to the defendant or alleged	11698
juvenile offender unless the court exempts it from disclosure, and	11699
that the court may make the victim impact statement available to	11700
the defendant or alleged juvenile offender;	11701

(D) Notice of the victim's right under section 2930.14 of the	11702
Revised Code to make a statement about the impact of the crime or	11703
specified delinquent act before sentencing or disposition;	11704

(E) The date, time, and place of the sentencing hearing or	11705
dispositional hearing;	11706

(F) One of the following:

11707

(1) Any sentence imposed upon the defendant and any	11708
subsequent modification of that sentence, including modification	11709
under section 2929.20 or 5120.036 of the Revised Code or as a	11710
result of the defendant's appeal of the sentence pursuant to	11711
section 2953.08 of the Revised Code;	11712

(2) Any disposition ordered for the defendant and any	11713
subsequent modification of that disposition, including judicial	11714
release or early release in accordance with section 2151.38 of the	11715
Revised Code.	11716

Sec. 2930.16. (A) If a defendant is incarcerated, a victim	11717
in a case who has requested to receive notice under this section	11718
shall be given notice of the incarceration of the defendant. If an	11719
alleged juvenile offender is committed to the temporary custody of	11720
a school, camp, institution, or other facility operated for the	11721
care of delinquent children or to the legal custody of the	11722
department of youth services, a victim in a case who has requested	11723
to receive notice under this section shall be given notice of the	11724
commitment. Promptly after sentence is imposed upon the defendant	11725
or the commitment of the alleged juvenile offender is ordered, the	11726
prosecutor in the case shall notify the victim of the date on	11727
which the defendant will be released from confinement or the	11728
prosecutor's reasonable estimate of that date or the date on which	11729
the alleged juvenile offender will have served the minimum period	11730
of commitment or the prosecutor's reasonable estimate of that	11731
date. The prosecutor also shall notify the victim of the name of	11732
the custodial agency of the defendant or alleged juvenile offender	11733
and tell the victim how to contact that custodial agency. If the	11734
custodial agency is the department of rehabilitation and	11735
correction, the prosecutor shall notify the victim of the services	11736
offered by the office of victims' services pursuant to section	11737
5120.60 of the Revised Code. If the custodial agency is the	11738
department of youth services, the prosecutor shall notify the	11739
victim of the services provided by the office of victims' services	11740
within the release authority of the department pursuant to section	11741
5139.55 of the Revised Code and the victim's right pursuant to	11742
section 5139.56 of the Revised Code to submit a written request to	11743
the release authority to be notified of actions the release	11744
authority takes with respect to the alleged juvenile offender. The	11745
victim shall keep the custodial agency informed of the victim's	11746
current address and telephone number.	11747

(B)(1) Upon the victim's request, the prosecutor promptly	11748
shall notify the victim of any hearing for judicial release of the	11749
defendant pursuant to section 2929.20 of the Revised Code, of any	11750
hearing for release of the defendant pursuant to section 2967.19	11751
of the Revised Code, or of any hearing for judicial release or	11752
early release of the alleged juvenile offender pursuant to section	11753
2151.38 of the Revised Code and of the victim's right to make a	11754
statement under those sections. The court shall notify the victim	11755
of its ruling in each of those hearings and on each of those	11756
applications.	11757

(2) If an offender is sentenced to a prison term pursuant to	11758
division (A)(3) or (B) of section 2971.03 of the Revised Code,	11759
upon the request of the victim of the crime, the prosecutor	11760
promptly shall notify the victim of any hearing to be conducted	11761
pursuant to section 2971.05 of the Revised Code to determine	11762
whether to modify the requirement that the offender serve the	11763
entire prison term in a state correctional facility in accordance	11764
with division (C) of that section, whether to continue, revise, or	11765
revoke any existing modification of that requirement, or whether	11766
to terminate the prison term in accordance with division (D) of	11767
that section. The court shall notify the victim of any order	11768
issued at the conclusion of the hearing.	11769

(C) Upon the victim's request made at any time before the	11770
particular notice would be due, the custodial agency of a	11771
defendant or alleged juvenile offender shall give the victim any	11772
of the following notices that is applicable:	11773

(1) At least three weeks before the adult parole authority	11774
recommends a pardon or commutation of sentence for the defendant	11775
or at least three weeks prior to a hearing before the adult parole	11776
authority regarding a grant of parole to the defendant, notice of	11777
the victim's right to submit a statement regarding the impact of	11778
the defendant's release in accordance with section 2967.12 of the	11779
Revised Code and, if applicable, of the victim's right to appear	11780
at a full board hearing of the parole board to give testimony as	11781
authorized by section 5149.101 of the Revised Code;	11782

(2) At least three weeks before the defendant is transferred	11783
to transitional control under section 2967.26 of the Revised Code,	11784
notice of the pendency of the transfer and of the victim's right	11785
under that section to submit a statement regarding the impact of	11786
the transfer;	11787

(3) At least thirty days before the release authority of the	11788
department of youth services holds a release review, release	11789
hearing, or discharge review for the alleged juvenile offender,	11790
notice of the pendency of the review or hearing, of the victim's	11791
right to make an oral or written statement regarding the impact of	11792
the crime upon the victim or regarding the possible release or	11793
discharge, and, if the notice pertains to a hearing, of the	11794
victim's right to attend and make statements or comments at the	11795
hearing as authorized by section 5139.56 of the Revised Code;	11796

(4) Prompt notice of the defendant's or alleged juvenile	11797
offender's escape from a facility of the custodial agency in which	11798
the defendant was incarcerated or in which the alleged juvenile	11799
offender was placed after commitment, of the defendant's or	11800
alleged juvenile offender's absence without leave from a mental	11801
health or mental retardation and developmental disabilities	11802
facility or from other custody, and of the capture of the	11803
defendant or alleged juvenile offender after an escape or absence;	11804

(5) Notice of the defendant's or alleged juvenile offender's	11805
death while in confinement or custody;	11806

(6) Notice of the defendant's or alleged juvenile offender's	11807
release from confinement or custody and the terms and conditions	11808
of the release.	11809

Sec. 2930.17. (A) In determining whether to grant a judicial	11810
release to a defendant from a prison term pursuant to section	11811
2929.20 of the Revised Code at a time before the defendant's	11812
stated prison term expires, in determining whether to grant a	11813
release to an offender from a prison term pursuant to section	11814
2967.19 of the Revised Code at a time before the offender's stated	11815
prison term expires, or in determining whether to grant a judicial	11816
release or early release to an alleged juvenile offender from a	11817
commitment to the department of youth services pursuant to section	11818
2151.38 of the Revised Code, the court shall permit a victim of a	11819
crime or specified delinquent act for which the defendant or	11820
alleged juvenile offender was incarcerated or committed to make a	11821
statement, in addition to any other statement made under this	11822
chapter, concerning the effects of that crime or specified	11823
delinquent act on the victim, the circumstances surrounding the	11824
crime or specified delinquent act, the manner in which the crime	11825
or specified delinquent act was perpetrated, and the victim's	11826
opinion whether the defendant or alleged juvenile offender should	11827
be released. The victim may make the statement in writing or	11828
orally, at the court's discretion. The court shall give the	11829
defendant or alleged juvenile offender and either the adult parole	11830
authority or the department of youth services, whichever is	11831
applicable, a copy of any written impact statement made by the	11832
victim under this division.	11833

(B) In deciding whether to grant a judicial release or early	11834
release to the defendant or alleged juvenile offender, the court	11835
shall consider a statement made by the victim under division (A)	11836
of this section or section 2930.14 or 2947.051 of the Revised	11837
Code.	11838

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	11839
division (A)(1)(b) of this section, whoever violates a prohibition	11840
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	11841
Code shall be punished as follows:	11842

(i) If the most serious sexually oriented offense that was	11843
the basis of the registration, notice of intent to reside, change	11844
of address notification, or address verification requirement that	11845
was violated under the prohibition is aggravated murder or murder	11846
if committed by an adult or a comparable category of offense	11847
committed in another jurisdiction, the offender is guilty of a	11848
felony of the first degree.	11849

(ii) If the most serious sexually oriented offense or	11850
child-victim oriented offense that was the basis of the	11851
registration, notice of intent to reside, change of address	11852
notification, or address verification requirement that was	11853
violated under the prohibition is a felony of the first, second,	11854
third, or fourth degree if committed by an adult or a comparable	11855
category of offense committed in another jurisdiction, the	11856
offender is guilty of a felony of the same degree as the most	11857
serious sexually oriented offense or child-victim oriented offense	11858
that was the basis of the registration, notice of intent to	11859
reside, change of address, or address verification requirement	11860
that was violated under the prohibition, or, if the most serious	11861
sexually oriented offense or child-victim oriented offense that	11862
was the basis of the registration, notice of intent to reside,	11863
change of address, or address verification requirement that was	11864
violated under the prohibition is a comparable category of offense	11865
committed in another jurisdiction, the offender is guilty of a	11866
felony of the same degree as that offense committed in the other	11867
jurisdiction would constitute if committed in this state.	11868

(iii) If the most serious sexually oriented offense or	11869
child-victim oriented offense that was the basis of the	11870
registration, notice of intent to reside, change of address	11871
notification, or address verification requirement that was	11872
violated under the prohibition is a felony of the fifth degree or	11873
a misdemeanor if committed by an adult or a comparable category of	11874
offense committed in another jurisdiction, the offender is guilty	11875
of a felony of the fourth degree.	11876

(b) If the offender previously has been convicted of or	11877
pleaded guilty to, or previously has been adjudicated a delinquent	11878
child for committing, a violation of a prohibition in section	11879
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	11880
whoever violates a prohibition in section 2950.04, 2950.041,	11881
2950.05, or 2950.06 of the Revised Code shall be punished as	11882
follows:	11883

(i) If the most serious sexually oriented offense that was	11884
the basis of the registration, notice of intent to reside, change	11885
of address notification, or address verification requirement that	11886
was violated under the prohibition is aggravated murder or murder	11887
if committed by an adult or a comparable category of offense	11888
committed in another jurisdiction, the offender is guilty of a	11889
felony of the first degree.	11890

(ii) If the most serious sexually oriented offense or	11891
child-victim oriented offense that was the basis of the	11892
registration, notice of intent to reside, change of address	11893
notification, or address verification requirement that was	11894
violated under the prohibition is a felony of the first, second,	11895
or third degree if committed by an adult or a comparable category	11896
of offense committed in another jurisdiction, the offender is	11897
guilty of a felony of the same degree as the most serious sexually	11898
oriented offense or child-victim oriented offense that was the	11899
basis of the registration, notice of intent to reside, change of	11900
address, or address verification requirement that was violated	11901
under the prohibition, or, if the most serious sexually oriented	11902
offense or child-victim oriented offense that was the basis of the	11903
registration, notice of intent to reside, change of address, or	11904
address verification requirement that was violated under the	11905
prohibition is a comparable category of offense committed in	11906
another jurisdiction, the offender is guilty of a felony of the	11907
same degree as that offense committed in the other jurisdiction	11908
would constitute if committed in this state.	11909

(iii) If the most serious sexually oriented offense or	11910
child-victim oriented offense that was the basis of the	11911
registration, notice of intent to reside, change of address	11912
notification, or address verification requirement that was	11913
violated under the prohibition is a felony of the fourth or fifth	11914
degree if committed by an adult or a comparable category of	11915
offense committed in another jurisdiction, the offender is guilty	11916
of a felony of the third degree.	11917

(iv) If the most serious sexually oriented offense or	11918
child-victim oriented offense that was the basis of the	11919
registration, notice of intent to reside, change of address	11920
notification, or address verification requirement that was	11921
violated under the prohibition is a misdemeanor if committed by an	11922
adult or a comparable category of offense committed in another	11923
jurisdiction, the offender is guilty of a felony of the fourth	11924
degree.	11925

(2)(a) In addition to any penalty or sanction imposed under	11926
division (A)(1) of this section or any other provision of law for	11927
a violation of a prohibition in section 2950.04, 2950.041,	11928
2950.05, or 2950.06 of the Revised Code, if the offender or	11929
delinquent child is subject to a community control sanction, is on	11930
parole, is subject to one or more post-release control sanctions,	11931
or is subject to any other type of supervised release at the time	11932
of the violation, the violation shall constitute a violation of	11933
the terms and conditions of the community control sanction,	11934
parole, post-release control sanction, or other type of supervised	11935
release.	11936

(b) In addition to any penalty or sanction imposed under	11937
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	11938
provision of law for a violation of a prohibition in section	11939
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	11940
offender previously has been convicted of or pleaded guilty to, or	11941
previously has been adjudicated a delinquent child for committing,	11942
a violation of a prohibition in section 2950.04, 2950.041,	11943
2950.05, or 2950.06 of the Revised Code when the most serious	11944
sexually oriented offense or child-victim oriented offense that	11945
was the basis of the requirement that was violated under the	11946
prohibition is a felony if committed by an adult or a comparable	11947
category of offense committed in another jurisdiction, the court	11948
imposing a sentence upon the offender shall impose a definite	11949
prison term of no less than three years. The definite prison term	11950
imposed under this section is not restricted by division (B) of	11951
section 2929.14 of the Revised Code and, subject to division (C)	11952
of section 2967.19 of the Revised Code, shall not be reduced to	11953
less than three years pursuant to any provision of Chapter 2967.	11954
or any other provision of the Revised Code.	11955

(3) As used in division (A)(1) of this section, "comparable	11956
category of offense committed in another jurisdiction" means a	11957
sexually oriented offense or child-victim oriented offense that	11958
was the basis of the registration, notice of intent to reside,	11959
change of address notification, or address verification	11960
requirement that was violated, that is a violation of an existing	11961
or former law of another state or the United States, an existing	11962
or former law applicable in a military court or in an Indian	11963
tribal court, or an existing or former law of any nation other	11964
than the United States, and that, if it had been committed in this	11965
state, would constitute or would have constituted aggravated	11966
murder or murder for purposes of division (A)(1)(a)(i) of this	11967
section, a felony of the first, second, third, or fourth degree	11968
for purposes of division (A)(1)(a)(ii) of this section, a felony	11969
of the fifth degree or a misdemeanor for purposes of division	11970
(A)(1)(a)(iii) of this section, aggravated murder or murder for	11971
purposes of division (A)(1)(b)(i) of this section, a felony of the	11972
first, second, or third degree for purposes of division	11973
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	11974
degree for purposes of division (A)(1)(b)(iii) of this section, or	11975
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	11976
section.	11977

(B) If a person violates a prohibition in section 2950.04,	11978
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	11979
the person as a result of the person being adjudicated a	11980
delinquent child and being classified a juvenile offender	11981
registrant or an out-of-state juvenile offender registrant, both	11982
of the following apply:	11983

(1) If the violation occurs while the person is under	11984
eighteen years of age, the person is subject to proceedings under	11985
Chapter 2152. of the Revised Code based on the violation.	11986

(2) If the violation occurs while the person is eighteen	11987
years of age or older, the person is subject to criminal	11988
prosecution based on the violation.	11989

(C) Whoever violates division (C) of section 2950.13 of the	11990
Revised Code is guilty of a misdemeanor of the first degree.	11991

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

11992

(1) "Concurrent supervision offender" means any offender who	11993
has been sentenced to community control for one or more	11994
misdemeanor violations, is a parolee or releasee, or has been	11995
placed under a community control sanction pursuant to section	11996
2929.16, 2929.17, 2929.18, or 2929.20 of the Revised Code and who	11997
is simultaneously subject to supervision by any of the following:	11998

(a) Two or more municipal courts or county courts in this	11999
state;	12000

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

12001

(c) One or more courts of common pleas in this state and one	12002
or more municipal courts or county courts in this state;	12003

(d) One or more municipal or county courts or courts of	12004
common pleas in this state and the adult parole authority.	12005

"Concurrent supervision offender" does not include an	12006
offender subject to the joint supervision of a court of common	12007
pleas and the adult parole authority pursuant to an agreement	12008
entered into under section 2967.29 of the Revised Code.	12009

(2) "Parolee" and "releasee" have the same meanings as in	12010
section 2967.01 of the Revised Code.	12011

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	12012
(4), and (5) of this section, a concurrent supervision offender	12013
shall be supervised by the court that imposed the longest possible	12014
sentence and shall not be supervised by any other authority.	12015

(2) In the case of a concurrent supervision offender subject	12016
to supervision by two or more municipal or county courts in the	12017
same county, the municipal or county court in the territorial	12018
jurisdiction in which the offender resides shall supervise the	12019
offender. In the case of a concurrent supervision offender subject	12020
to supervision by a municipal court or county court and a court of	12021
common pleas for two or more equal possible sentences, the	12022
municipal or county court shall supervise the offender. In the	12023
case of a concurrent supervision offender subject to supervision	12024
by two or more courts of common pleas in separate counties in this	12025
state, the court that lies within the same territorial	12026
jurisdiction in which the offender resides shall supervise the	12027
offender.	12028

(3) Separate courts within the same county may enter into an	12029
agreement or adopt local rules of procedure specifying, generally,	12030
that concurrent supervision offenders will be supervised in a	12031
manner other than that provided for in divisions (B)(1) and (2) of	12032
this section.	12033

(4)(a) The judges of the various courts of this state having	12034
jurisdiction over a concurrent supervision offender may agree by	12035
journal entry to transfer jurisdiction over a concurrent	12036
supervision offender from one court to another court in any manner	12037
the courts consider appropriate, if the offender is supervised by	12038
only a single supervising authority at all times. An agreement to	12039
transfer supervision of an offender under division (B)(4)(a) of	12040
this section shall not take effect until approved by every court	12041
having authority to supervise the offender and may provide for the	12042
transfer of supervision to the offender's jurisdiction of	12043
residence whether or not the offender was subject to supervision	12044
in that jurisdiction prior to transfer. In the case of a	12045
subsequent conviction in a court other than the supervising court,	12046
the supervising court may agree to accept a transfer of	12047
jurisdiction from the court of conviction prior to sentencing and	12048
proceed to sentence the offender according to law.	12049

(b) If the judges of the various courts of this state having	12050
authority to supervise a concurrent supervision offender cannot	12051
reach agreement with respect to the supervision of the offender,	12052
the offender may be subject to concurrent supervision in the	12053
interest of justice upon the courts' consideration of the	12054
provisions set forth in division (C) of this section.	12055

(5) Notwithstanding any other provision of this section, the	12056
adult parole authority shall remain solely responsible for	12057
addressing any alleged violations by a parolee or releasee of the	12058
terms of supervision of that parolee or releasee.	12059

(C) In determining whether a court maintains authority to	12060
supervise an offender or transfers authority to supervise the	12061
offender pursuant to division (B)(3) or (4) of this section, the	12062
court shall consider all of the following:	12063

(1) The safety of the community;

12064

(2) The risk that the offender might reoffend;

12065

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

12066

(4) The likelihood that the offender will remain in the	12067
jurisdiction;	12068

(5) The ability of the offender to travel to and from the	12069
offender's residence and place of employment or school to the	12070
offices of the supervising authority;	12071

(6) The resources for residential and nonresidential	12072
sanctions or rehabilitative treatment available to the various	12073
courts having supervising authority;	12074

(7) Any other factors consistent with the purposes of	12075
sentencing.	12076

(D) The court having sole authority over a concurrent	12077
supervision offender pursuant to this section shall enforce any	12078
financial obligations imposed by any other court, shall set a	12079
payment schedule consistent with the offender's ability to pay,	12080
and shall cause collections of the offender's financial	12081
obligations to be distributed in proportion to the total amounts	12082
ordered by all sentencing courts, or as otherwise agreed by the	12083
sentencing courts. Financial obligations include financial	12084
sanctions imposed pursuant to sections 2929.18 and 2929.28 of the	12085
Revised Code, court costs, and any other financial order or fee	12086
imposed by a sentencing court. A supervision fee may be charged	12087
only by the agency providing supervision of the case.	12088

(E) Unless the local residential sanction is suspended, the	12089
offender shall complete any local residential sanction before	12090
jurisdiction is transferred in accordance with this section. The	12091
supervising court shall respect all conditions of supervision	12092
established by a sentencing court, but any conflicting or	12093
inconsistent order of the supervising court shall supersede any	12094
other order of a sentencing court. In the case of a concurrent	12095
supervision offender, the supervising court shall determine when	12096
supervision will be terminated but shall not terminate supervision	12097
until all financial obligations are paid pursuant to sections	12098
2929.18 and 2929.28 of the Revised Code.	12099

Sec. 2951.041. (A)(1) If an offender is charged with a	12100
criminal offense, including but not limited to a violation of	12101
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	12102
the Revised Code, and the court has reason to believe that drug or	12103
alcohol usage by the offender was a factor leading to the	12104
~~offender's~~ criminal offense with which the offender is charged or	12105
that, at the time of committing that offense, the offender had a	12106
mental illness or was a mentally retarded person and that the	12107
mental illness or status as a mentally retarded person was a	12108
factor leading to the offender's criminal behavior, the court may	12109
accept, prior to the entry of a guilty plea, the offender's	12110
request for intervention in lieu of conviction. The request shall	12111
include a statement from the offender as to whether the offender	12112
is alleging that drug or alcohol usage by the offender was a	12113
factor leading to the criminal offense with which the offender is	12114
charged or is alleging that, at the time of committing that	12115
offense, the offender had a mental illness or was a mentally	12116
retarded person and that the mental illness or status as a	12117
mentally retarded person was a factor leading to the criminal	12118
offense with which the offender is charged. The request also shall	12119
include a waiver of the defendant's right to a speedy trial, the	12120
preliminary hearing, the time period within which the grand jury	12121
may consider an indictment against the offender, and arraignment,	12122
unless the hearing, indictment, or arraignment has already	12123
occurred. The court may reject an offender's request without a	12124
hearing. If the court elects to consider an offender's request,	12125
the court shall conduct a hearing to determine whether the	12126
offender is eligible under this section for intervention in lieu	12127
of conviction and shall stay all criminal proceedings pending the	12128
outcome of the hearing. If the court schedules a hearing, the	12129
court shall order an assessment of the offender for the purpose of	12130
determining the offender's eligibility for intervention in lieu of	12131
conviction and recommending an appropriate intervention plan.	12132

If the offender alleges that drug or alcohol usage by the	12133
offender was a factor leading to the criminal offense with which	12134
the offender is charged, the court may order that the offender be	12135
assessed by a program certified pursuant to section 3793.06 of the	12136
Revised Code or a properly credentialed professional for the	12137
purpose of determining the offender's eligibility for intervention	12138
in lieu of conviction and recommending an appropriate intervention	12139
plan. The program or the properly credentialed professional shall	12140
provide a written assessment of the offender to the court.	12141

(2) The victim notification provisions of division (C) of	12142
section 2930.08 of the Revised Code apply in relation to any	12143
hearing held under division (A)(1) of this section.	12144

(B) An offender is eligible for intervention in lieu of	12145
conviction if the court finds all of the following:	12146

(1) The offender previously has not been convicted of or	12147
pleaded guilty to a felony offense of violence or previously has	12148
been convicted of or pleaded guilty to any felony that is not an	12149
offense of violence and the prosecuting attorney recommends that	12150
the offender be found eligible for participation in intervention	12151
in lieu of treatment under this section, previously has not been	12152
through intervention in lieu of conviction under this section or	12153
any similar regimen, and is charged with a felony for which the	12154
court, upon conviction, would impose sentence under division	12155
(B)(2)(b) of section 2929.13 of the Revised Code or with a	12156
misdemeanor.	12157

(2) The offense is not a felony of the first, second, or	12158
third degree, is not an offense of violence, is not a violation of	12159
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	12160
not a violation of division (A)(1) of section 2903.08 of the	12161
Revised Code, is not a violation of division (A) of section	12162
4511.19 of the Revised Code or a municipal ordinance that is	12163
substantially similar to that division, and is not an offense for	12164
which a sentencing court is required to impose a mandatory prison	12165
term, a mandatory term of local incarceration, or a mandatory term	12166
of imprisonment in a jail.	12167

(3) The offender is not charged with a violation of section	12168
2925.02, ~~2925.03,~~ 2925.04, or 2925.06 of the Revised Code, is not	12169
charged with a violation of section 2925.03 of the Revised Code	12170
that is a felony of the first, second, third, or fourth degree,	12171
and is not charged with a violation of section 2925.11 of the	12172
Revised Code that is a felony of the first, second, or third	12173
degree.	12174

(4) ~~The offender is not charged with a violation of section~~	12175
~~2925.11 of the Revised Code that is a felony of the fourth degree,~~	12176
~~or the offender is charged with a violation of that section that~~	12177
~~is a felony of the fourth degree and the prosecutor in the case~~	12178
~~has recommended that the offender be classified as being eligible~~	12179
~~for intervention in lieu of conviction under this section.~~	12180

~~(5) The~~If an offender alleges that drug or alcohol usage by	12181
the offender was a factor leading to the criminal offense with	12182
which the offender is charged, the court has ordered that the	12183
offender ~~has been~~be assessed by ~~an appropriately licensed~~	12184
~~provider, certified facility, or licensed and credentialed~~	12185
~~professional, including, but not limited to, a program licensed by~~	12186
~~the department of alcohol and drug addiction services pursuant to~~	12187
~~section 3793.11 of the Revised Code,~~ a program certified ~~by that~~	12188
~~department~~ pursuant to section 3793.06 of the Revised Code~~, a~~	12189
~~public or private hospital, the United States department of~~	12190
~~veterans affairs, another appropriate agency of the government of~~	12191
~~the United States, or a licensed physician, psychiatrist,~~	12192
~~psychologist, independent social worker, professional counselor,~~	12193
~~or chemical dependency counselor~~or a properly credentialed	12194
professional for the purpose of determining the offender's	12195
eligibility for intervention in lieu of conviction and	12196
recommending an appropriate intervention plan, the offender has	12197
been assessed by a program of that nature or a properly	12198
credentialed professional in accordance with the court's order,	12199
and the program or properly credentialed professional has filed	12200
the written assessment of the offender with the court.	12201

(5) If an offender alleges that, at the time of committing	12202
the criminal offense with which the offender is charged, the	12203
offender had a mental illness or was a mentally retarded person	12204
and that the mental illness or status as a mentally retarded	12205
person was a factor leading to that offense, the offender has been	12206
assessed by a psychiatrist, psychologist, independent social	12207
worker, or professional clinical counselor for the purpose of	12208
determining the offender's eligibility for intervention in lieu of	12209
conviction and recommending an appropriate intervention plan.	12210

(6) The offender's drug orusage, alcohol usage, mental	12211
illness, or mental retardation, whichever is applicable, was a	12212
factor leading to the criminal offense with which the offender is	12213
charged, intervention in lieu of conviction would not demean the	12214
seriousness of the offense, and intervention would substantially	12215
reduce the likelihood of any future criminal activity.	12216

(7) The alleged victim of the offense was not sixty-five	12217
years of age or older, permanently and totally disabled, under	12218
thirteen years of age, or a peace officer engaged in the officer's	12219
official duties at the time of the alleged offense.	12220

(8) If the offender is charged with a violation of section	12221
2925.24 of the Revised Code, the alleged violation did not result	12222
in physical harm to any person, and the offender previously has	12223
not been treated for drug abuse.	12224

(9) The offender is willing to comply with all terms and	12225
conditions imposed by the court pursuant to division (D) of this	12226
section.	12227

(C) At the conclusion of a hearing held pursuant to division	12228
(A) of this section, the court shall enter its determination as to	12229
whether the offender is eligible for intervention in lieu of	12230
conviction and as to whether to grant the offender's request. If	12231
the court finds under division (B) of this section that the	12232
offender is eligible for intervention in lieu of conviction and	12233
grants the offender's request, the court shall accept the	12234
offender's plea of guilty and waiver of the defendant's right to a	12235
speedy trial, the preliminary hearing, the time period within	12236
which the grand jury may consider an indictment against the	12237
offender, and arraignment, unless the hearing, indictment, or	12238
arraignment has already occurred. In addition, the court then may	12239
stay all criminal proceedings and order the offender to comply	12240
with all terms and conditions imposed by the court pursuant to	12241
division (D) of this section. If the court finds that the offender	12242
is not eligible or does not grant the offender's request, the	12243
criminal proceedings against the offender shall proceed as if the	12244
offender's request for intervention in lieu of conviction had not	12245
been made.	12246

(D) If the court grants an offender's request for	12247
intervention in lieu of conviction, the court shall place the	12248
offender under the general control and supervision of the county	12249
probation department, the adult parole authority, or another	12250
appropriate local probation or court services agency, if one	12251
exists, as if the offender was subject to a community control	12252
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	12253
Revised Code. The court shall establish an intervention plan for	12254
the offender. The terms and conditions of the intervention plan	12255
shall require the offender, for at least one year from the date on	12256
which the court grants the order of intervention in lieu of	12257
conviction, to abstain from the use of illegal drugs and alcohol,	12258
to participate in treatment and recovery support services, and to	12259
submit to regular random testing for drug and alcohol use and may	12260
include any other treatment terms and conditions, or terms and	12261
conditions similar to community control sanctions, which may	12262
include community service or restitution, that are ordered by the	12263
court.	12264

(E) If the court grants an offender's request for	12265
intervention in lieu of conviction and the court finds that the	12266
offender has successfully completed the intervention plan for the	12267
offender, including the requirement that the offender abstain from	12268
using illegal drugs and alcohol for a period of at least one year	12269
from the date on which the court granted the order of intervention	12270
in lieu of conviction, the requirement that the offender	12271
participate in treatment and recovery support services, and all	12272
other terms and conditions ordered by the court, the court shall	12273
dismiss the proceedings against the offender. Successful	12274
completion of the intervention plan and period of abstinence under	12275
this section shall be without adjudication of guilt and is not a	12276
criminal conviction for purposes of any disqualification or	12277
disability imposed by law and upon conviction of a crime, and the	12278
court may order the sealing of records related to the offense in	12279
question in the manner provided in sections 2953.31 to 2953.36 of	12280
the Revised Code.	12281

(F) If the court grants an offender's request for	12282
intervention in lieu of conviction and the offender fails to	12283
comply with any term or condition imposed as part of the	12284
intervention plan for the offender, the supervising authority for	12285
the offender promptly shall advise the court of this failure, and	12286
the court shall hold a hearing to determine whether the offender	12287
failed to comply with any term or condition imposed as part of the	12288
plan. If the court determines that the offender has failed to	12289
comply with any of those terms and conditions, it shall enter a	12290
finding of guilty and shall impose an appropriate sanction under	12291
Chapter 2929. of the Revised Code. If the court sentences the	12292
offender to a prison term, the court, after consulting with the	12293
department of rehabilitation and correction regarding the	12294
availability of services, may order continued court-supervised	12295
activity and treatment of the offender during the prison term and,	12296
upon consideration of reports received from the department	12297
concerning the offender's progress in the program of activity and	12298
treatment, may consider judicial release under section 2929.20 of	12299
the Revised Code.	12300

(G) As used in this section:

12301

(1) "Community control sanction" has the same meaning as in	12302
section 2929.01 of the Revised Code.	12303

(2) "Intervention in lieu of conviction" means any	12304
court-supervised activity that complies with this section.	12305

(3) "Peace officer" has the same meaning as in section	12306
2935.01 of the Revised Code.	12307

(4) "Mental illness" and "psychiatrist" have the same	12308
meanings as in section 5122.01 of the Revised Code.	12309

(5) "Mentally retarded person" has the same meaning as in	12310
section 5123.01 of the Revised Code.	12311

(6) "Psychologist" has the same meaning as in section 4732.01	12312
of the Revised Code.	12313

Sec. 2951.08. (A) During a period of community control, any	12314
field officer or probation officer may arrest the person under a	12315
community control sanction without a warrant and bring the person	12316
before the judge or magistrate before whom the cause was pending.	12317
During a period of community control, any peace officer may arrest	12318
the person under a community control sanction without a warrant	12319
upon the written order of the chief probation officer of the	12320
probation agency if the person under a community control sanction	12321
is under the supervision of that probation agency or on the order	12322
of an officer of the adult parole authority created pursuant to	12323
section 5149.02 of the Revised Code if the person under a	12324
community control sanction is under the supervision of the	12325
authority. During a period of community control, any peace officer	12326
may arrest the person under a community control sanction on the	12327
warrant of the judge or magistrate before whom the cause was	12328
pending.	12329

During a period of community control, any peace officer may	12330
arrest the person under a community control sanction without a	12331
warrant if the peace officer has reasonable ground to believe that	12332
the person has violated or is violating any of the following that	12333
is a condition of the person's community control sanction:	12334

(1) A condition that prohibits ownership, possession, or use	12335
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	12336

(2) A condition that prohibits the person from being within a	12337
specified structure or geographic area;	12338

(3) A condition that confines the person to a residence,	12339
facility, or other structure;	12340

(4) A condition that prohibits the person from contacting or	12341
communicating with any specified individual;	12342

(5) A condition that prohibits the person from associating	12343
with a specified individual;	12344

(6) A condition as provided in division (A)(1)(a) of section	12345
2929.25 of the Revised Code or in division (A)(1) of section	12346
2929.15 or (A)(8) of section 2929.27 of the Revised Code that	12347
requires that the person not ingest or be injected with a drug of	12348
abuse and submit to random drug testing and requires that the	12349
results of the drug test indicate that the person did not ingest	12350
or was not injected with a drug of abuse.	12351

(B) ~~Upon~~Within three business days after making an arrest	12352
under this section, the arresting field officer, probation	12353
officer, or peace officer or the department or agency of the	12354
arresting officer ~~promptly~~ shall notify the chief probation	12355
officer or the chief probation officer's designee that the person	12356
has been arrested. ~~Upon~~Within thirty days of being notified that	12357
a field officer, probation officer, or peace officer has made an	12358
arrest under this section, the chief probation officer or	12359
designee, or another probation officer designated by the chief	12360
probation officer, promptly shall bring the person who was	12361
arrested before the judge or magistrate before whom the cause was	12362
pending.	12363

(C) Nothing in this section limits the powers of arrest	12364
granted to certain law enforcement officers and citizens under	12365
sections 2935.03 and 2935.04 of the Revised Code.	12366

(D) A probation officer shall receive the actual and	12367
necessary expenses incurred in the performance of the officer's	12368
duties.	12369

(E) As used in this section, "random drug testing" has the	12370
same meaning as in section 5120.63 of the Revised Code.	12371

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

12372

(1) "Imminent danger of death" means that the inmate has a	12373
medically diagnosable condition that will cause death to occur	12374
within a short period of time.	12375

As used in division (A)(1) of this section, "within a short	12376
period of time" means generally within six months.	12377

(2)(a) "Medically incapacitated" means any diagnosable	12378
medical condition, including mental dementia and severe, permanent	12379
medical or cognitive disability, that prevents the inmate from	12380
completing activities of daily living without significant	12381
assistance, that incapacitates the inmate to the extent that	12382
institutional confinement does not offer additional restrictions,	12383
that is likely to continue throughout the entire period of parole,	12384
and that is unlikely to improve noticeably.	12385

(b) "Medically incapacitated" does not include conditions	12386
related solely to mental illness unless the mental illness is	12387
accompanied by injury, disease, or organic defect.	12388

(3)(a) "Terminal illness" means a condition that satisfies	12389
all of the following criteria:	12390

(i) The condition is irreversible and incurable and is caused	12391
by disease, illness, or injury from which the inmate is unlikely	12392
to recover.	12393

(ii) In accordance with reasonable medical standards and a	12394
reasonable degree of medical certainty, the condition is likely to	12395
cause death to the inmate within twelve months.	12396

(iii) Institutional confinement of the inmate does not offer	12397
additional protections for public safety or against the inmate's	12398
risk to reoffend.	12399

(b) The department of rehabilitation and correction shall	12400
adopt rules pursuant to Chapter 119. of the Revised Code to	12401
implement the definition of "terminal illness" in division	12402
(A)(3)(a) of this section.	12403

(B)(1) Upon the recommendation of the director of	12404
rehabilitation and correction, accompanied by a certificate of the	12405
attending physician that an inmate is terminally ill, medically	12406
incapacitated, or in imminent danger of death, the governor may	12407
order the inmate's release ~~as if~~ on indefinite parole on or after	12408
a specified date, reserving the right to return the inmate to the	12409
institution pursuant to this section. IfAn inmate ordered to be	12410
released under this section may be released to a skilled nursing	12411
facility or may be released under a general release that is not to	12412
a skilled nursing facility.	12413

(2) An inmate who is to be released under this section to a	12414
skilled nursing facility shall not be released until an	12415
appropriate placement in a skilled nursing facility has been	12416
secured for the inmate and the skilled nursing facility has	12417
secured a funding source for the placement. When an inmate is to	12418
be released under this section to a skilled nursing facility, the	12419
department of job and family services shall give priority to the	12420
processing and determination of an inmate's eligibility for	12421
initial or continued medicaid funding under this section. When an	12422
inmate is to be released under this section to a skilled nursing	12423
facility, the department of job and family services' processing	12424
and determination of the inmate's eligibility may be based solely	12425
on identifying information provided by the department of	12426
rehabilitation and correction. In addition to the reimbursement	12427
otherwise provided to a skilled nursing facility under Chapter	12428
5111. of the Revised Code, the department of job and family	12429
services, through the medicaid program, shall reimburse a skilled	12430
nursing facility that provides care to inmates under this section	12431
for reasonable additional costs incurred by the facility in	12432
providing the security required by division (D)(1)(e) of this	12433
section and will take all necessary steps to implement the payment	12434
of these additional costs. An inmate shall not be released to a	12435
skilled nursing facility used for the placement of inmates under	12436
this division until the inmate has undergone preadmission	12437
screening and resident review and the level of care review and	12438
determination process established under the Administrative Code	12439
and has been determined to meet the criteria for skilled nursing	12440
care. A skilled nursing facility shall meet the requirements set	12441
forth in division (D) of this section.	12442

(3) If an inmate is released under this section to a skilled	12443
nursing facility or is released under this section under a general	12444
release that is not to a skilled nursing facility, and if,	12445
subsequent to the inmate's release, the inmate's health improves	12446
so that the inmate is no longer terminally ill, medically	12447
incapacitated, or in imminent danger of death, the inmate shall be	12448
returned, by order of the governor, to the institution from which	12449
the inmate was released. If the inmate violates any rules or	12450
conditions applicable to the inmate, the inmate may be returned to	12451
an institution under the control of the department of	12452
rehabilitation and correction. The governor may direct the adult	12453
parole authority to investigate or cause to be investigated the	12454
inmate and make a recommendation in the manner set forth in	12455
section 2967.03 of the Revised Code. An inmate released under this	12456
section shall be subject to supervision by the adult parole	12457
authority in accordance with any recommendation of the adult	12458
parole authority that is approved by the governor. The adult	12459
parole authority shall adopt rules pursuant to section 119.03 of	12460
the Revised Code to establish the procedure for medical release of	12461
an inmate when an inmate is terminally ill, medically	12462
incapacitated, or in imminent danger of death.	12463

(C)(1) No inmate is eligible for release under this section	12464
to a skilled nursing facility if the inmate is serving a death	12465
sentence, a sentence of life without parole, or a sentence under	12466
Chapter 2971. of the Revised Code for a felony of the first or	12467
second degree,.	12468

(2) No inmate is eligible for release under this section	12469
under a general release that is not to a skilled nursing facility	12470
if the inmate is serving any type of sentence identified in	12471
division (C)(1) of this section or is serving a sentence for	12472
aggravated murder or murder, or a mandatory prison term for an	12473
offense of violence or any specification described in Chapter	12474
2941. of the Revised Code.	12475

(D)(1) An inmate shall not be released to a skilled nursing	12476
facility under this section unless the skilled nursing facility	12477
meets all of the following requirements:	12478

(a) The skilled nursing facility is certified as a skilled	12479
nursing facility under Title XVIII or XIX of the "Social Security	12480
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has	12481
obtained any approval or authorization needed for its operation as	12482
described in division (E) of this section.	12483

(b) The skilled nursing facility is under contract with the	12484
department of rehabilitation and correction solely for the care of	12485
inmates released under this section, is certified by the	12486
department, and does not house any person who is not an inmate	12487
released under this section.	12488

(c) The skilled nursing facility is located in Ohio, and the	12489
facility's location presents a minimal risk to public safety.	12490

(d) The skilled nursing facility is operated by a licensed	12491
nursing home administrator who has a minimum of six years of	12492
active licensure, a master's degree in healthcare administration,	12493
and experience in the administration of an assisted living	12494
program, a home care program, a skilled nursing facility, a	12495
hospice care program, and a long term acute care hospital.	12496

(e) Employees of the facility or a contractor provide	12497
security to the skilled nursing facility. The security staff shall	12498
be directed by a person with at least thirty years of experience	12499
as a law enforcement officer with a law enforcement agency	12500
employing a minimum of five hundred law enforcement officers,	12501
whose experience includes a minimum of five years of supervisory	12502
experience.	12503

(2) The department of health shall issue a certificate of	12504
need to the operator of a skilled nursing facility that accepts	12505
inmates under this section.	12506

(E) The department of job and family services shall apply to	12507
the centers for medicare and medicaid services of the United	12508
States department of health and human services for any approval or	12509
other authorization needed for the operation of the skilled	12510
nursing facility to be used to provide care to inmates under this	12511
section, and for a statement of the applicable parameters for	12512
operation of the facility. The department shall notify the	12513
facility and the department of rehabilitation and correction of	12514
the grant by the centers of any such approval or authorization	12515
needed for the facility and of the applicable parameters for its	12516
operation.	12517

(F) Sections 3721.10 to 3721.18 of the Revised Code do not	12518
apply to an inmate receiving care in a skilled nursing facility	12519
under divisions (B) to (D) of this section.	12520

Sec. 2967.14. (A) The department of rehabilitation and	12521
correction or the adult parole authority may require or allow a	12522
parolee or, a releasee, or a prisoner otherwise released from a	12523
state correctional institution to reside in a halfway house or	12524
other suitable community residential center that has been licensed	12525
by the division of parole and community services pursuant to	12526
division (C) of this section during a part or for the entire	12527
period of the offender's or parolee's conditional release or of	12528
the releasee's term of post-release control. The court of common	12529
pleas that placed an offender under a sanction consisting of a	12530
term in a halfway house or in an alternative residential sanction	12531
may require the offender to reside in a halfway house or other	12532
suitable community residential center that is designated by the	12533
court and that has been licensed by the division pursuant to	12534
division (C) of this section during a part or for the entire	12535
period of the offender's residential sanction.	12536

(B) The division of parole and community services may	12537
negotiate and enter into agreements with any public or private	12538
agency or a department or political subdivision of the state that	12539
operates a halfway house, reentry center, or community residential	12540
center that has been licensed by the division pursuant to division	12541
(C) of this section. An agreement under this division shall	12542
provide for the purchase of beds, shall set limits of supervision	12543
and levels of occupancy, and shall determine the scope of services	12544
for all eligible offenders, including those subject to a	12545
residential sanction, as defined in rules adopted by the director	12546
of rehabilitation and correction in accordance with Chapter 119.	12547
of the Revised Code, or those released from prison without	12548
supervision. ~~The payments for beds and services shall be equal to~~	12549
~~the halfway house's or community residential center's average~~	12550
~~daily per capita costs with its facility at full occupancy.~~ The	12551
payments for beds and services shall not exceed the total	12552
operating costs of the halfway house, reentry center, or community	12553
residential center during the term of an agreement. The director	12554
of rehabilitation and correction shall adopt rules in accordance	12555
with Chapter 119. of the Revised Code for determining includable	12556
and excludable costs and income to be used in computing the	12557
agency's average daily per capita costs with its facility at full	12558
occupancy.	12559

The department of rehabilitation and correction may use no	12560
more than ten per cent of the amount appropriated to the	12561
department each fiscal year for the halfway house, reentry center,	12562
and community residential center program to pay for contracts for	12563
nonresidential services for offenders under the supervision of the	12564
adult parole authority. The nonresidential services may include,	12565
but are not limited to, treatment for substance abuse, mental	12566
health counseling, ~~and~~ counseling for sex offenders, and	12567
electronic monitoring services.	12568

(C) The division of parole and community services may license	12569
a halfway house, reentry center, or community residential center	12570
as a suitable facility for the care and treatment of adult	12571
offenders, including offenders sentenced under section 2929.16 or	12572
2929.26 of the Revised Code, only if the halfway house, reentry	12573
center, or community residential center complies with the	12574
standards that the division adopts in accordance with Chapter 119.	12575
of the Revised Code for the licensure of halfway houses, reentry	12576
centers, and community residential centers. The division shall	12577
annually inspect each licensed halfway house, licensed reentry	12578
center, and licensed community residential center to determine if	12579
it is in compliance with the licensure standards.	12580

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

12581

(1) "Deadly weapon" and "dangerous ordnance" have the same	12582
meanings as in section 2923.11 of the Revised.	12583

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

12584

(a) A prison term imposed for aggravated murder, murder,	12585
voluntary manslaughter, involuntary manslaughter, felonious	12586
assault, kidnapping, rape, aggravated arson, or aggravated	12587
robbery;	12588

(b) A prison term imposed for complicity in, an attempt to	12589
commit, or conspiracy to commit any offense listed in division	12590
(A)(2)(a) of this section;	12591

(c) A prison term of life imprisonment, including any term of	12592
life imprisonment that has parole eligibility;	12593

(d) A prison term imposed for any felony other than carrying	12594
a concealed weapon an essential element of which is any conduct or	12595
failure to act expressly involving any deadly weapon or dangerous	12596
ordnance;	12597

(e) A prison term imposed for any violation of section	12598
2925.03 of the Revised Code that is a felony of the first or	12599
second degree;	12600

(f) A prison term imposed for engaging in a pattern of	12601
corrupt activity in violation of section 2923.32 of the Revised	12602
Code;	12603

(g) A prison term imposed pursuant to section 2971.03 of the	12604
Revised Code;	12605

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

12606

(3) "Eligible prison term" means any prison term that is not	12607
a disqualifying prison term and is not a restricting prison term.	12608

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

12609

(a) A mandatory prison term imposed under division (D)(1)(a),	12610
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of	12611
the Revised Code for a specification of the type described in that	12612
division;	12613

(b) In the case of an offender who has been sentenced to a	12614
mandatory prison term for a specification of the type described in	12615
division (A)(4)(a) of this section, the prison term imposed for	12616
the felony offense for which the specification was stated at the	12617
end of the body of the indictment, count in the indictment, or	12618
information charging the offense;	12619

(c) A prison term imposed for any offense that is described	12620
in division (A)(4)(c)(i) of this section if division (A)(4)(c)(ii)	12621
of this section applies to the offender:	12622

(i) The offense is a felony of the first or second degree	12623
that is an offense of violence and that is not described in	12624
division (A)(2)(a) or (b) of this section, an attempt to commit a	12625
felony of the first or second degree that is an offense of	12626
violence and that is not described in division (A)(2)(a) or (b) of	12627
this section if the attempt is a felony of the first or second	12628
degree, or an offense under an existing or former law of this	12629
state, another state, or the United States that is or was	12630
substantially equivalent to any other offense described in this	12631
division.	12632

(ii) The offender previously was convicted of or pleaded	12633
guilty to any offense listed in division (A)(4)(c)(i) of this	12634
section.	12635

(B) The director of rehabilitation and correction may	12636
petition the sentencing court for the release from prison of any	12637
offender confined in a state correctional institution under a	12638
stated prison term who is eligible under division (C) of this	12639
section for a release under this section, who has one year or more	12640
of that stated prison term that remains to be served after the	12641
offender becomes eligible as described in that division, and who	12642
has served at least eighty-five per cent of that stated prison	12643
term that remains to be served after the offender becomes eligible	12644
as described in that division. If the director wishes to submit a	12645
petition for release under this section, the director shall submit	12646
the petition not earlier than ninety days prior to the date on	12647
which the offender has served eighty-five per cent of the	12648
offender's stated prison term that remains to be served after the	12649
offender becomes eligible as described in division (C) of this	12650
section. The director's submission of a petition for release under	12651
this section constitutes a recommendation by the director that the	12652
court strongly consider release of the offender consistent with	12653
the purposes and principles of sentencing set forth in section	12654
2929.13 of the Revised Code.	12655

(C) Except as otherwise provided in this division, an	12656
offender serving a stated prison term of one year or more is	12657
eligible for release from prison under this section upon the	12658
offender's commencement of service of that stated prison term. An	12659
offender serving a stated prison term that includes a	12660
disqualifying prison term is not eligible for release from prison	12661
under this section. An offender serving a stated prison term that	12662
consists solely of one or more restricting prison terms is not	12663
eligible for release under this section. An offender serving a	12664
stated prison term that includes one or more restricting prison	12665
terms and one or more eligible prison terms becomes eligible for	12666
release under this section after having fully served each	12667
restricting prison term. For purposes of determining an offender's	12668
eligibility for release under this section, if the offender's	12669
stated prison term includes consecutive prison terms, any	12670
restricting prison terms shall be deemed served prior to any	12671
eligible prison terms that run consecutively to the restricting	12672
prison terms, and the eligible prison terms are deemed to commence	12673
after all of the restricting prison terms have been fully served.	12674

An offender serving a stated prison term that includes a	12675
mandatory prison term that is not a disqualifying prison term and	12676
is not a restricting prison term is not automatically ineligible	12677
as a result of the offender's service of that mandatory term for	12678
release from prison under this section, and the offender's	12679
eligibility for release from prison under this section is	12680
determined in accordance with this division.	12681

If an offender confined in a state correctional institution	12682
under a stated prison term is eligible for release under this	12683
section as described in this division, if the offender has one	12684
year or more of that stated prison term that remains to be served	12685
after the offender becomes eligible, and if the offender has	12686
served at least eighty-five per cent of that stated prison term	12687
that remains to be served after the offender becomes eligible, the	12688
director of rehabilitation and correction may petition the	12689
sentencing court pursuant to division (B) of this section for the	12690
release from prison of the offender.	12691

(D) The director shall include with any petition submitted to	12692
the sentencing court under this section an institutional summary	12693
report that covers the offender's participation while confined in	12694
a state correctional institution in school, training, work,	12695
treatment, and other rehabilitative activities and any	12696
disciplinary action taken against the offender while so confined.	12697
The director shall include with the petition a post-release	12698
control assessment and placement plan, when relevant, and any	12699
other documentation requested by the court, if available.	12700

(E) When the director submits a petition under this section	12701
for release of an offender, the department promptly shall give	12702
notice of the petition to the prosecuting attorney of the county	12703
in which the offender was indicted and to any victim of the	12704
offender or victim's representative of any victim of the offender	12705
who is registered with the office of victim's services.	12706

The department also shall post notice of the petition on the	12707
database it maintains under section 5120.66 of the Revised Code	12708
and include information on where a person may send comments	12709
regarding the petition.	12710

(F) Upon receipt of a petition for release of an offender	12711
submitted by the director under this section, the court may deny	12712
the petition without a hearing. The court shall not grant a	12713
petition for release of an offender without a hearing. If a court	12714
denies a petition for release of an offender without a hearing,	12715
the court may later consider release of that offender on a	12716
subsequent petition. The court shall enter its ruling within	12717
thirty days after the petition is filed.	12718

(G) If the court grants a hearing on a petition for release	12719
of an offender submitted under this section, the court shall	12720
notify the head of the state correctional institution in which the	12721
offender is confined of the hearing prior to the hearing. If the	12722
court makes a journal entry ordering the offender to be conveyed	12723
to the hearing, except as otherwise provided in this division, the	12724
head of the correctional institution shall deliver the offender to	12725
the sheriff of the county in which the hearing is to be held, and	12726
the sheriff shall convey the offender to and from the hearing.	12727
Upon the court's own motion or the motion of the offender or the	12728
prosecuting attorney of the county in which the offender was	12729
indicted, the court may permit the offender to appear at the	12730
hearing by video conferencing equipment if equipment of that	12731
nature is available and compatible.	12732

Upon receipt of notice from a court of a hearing on the	12733
release of an offender under this division, the head of the state	12734
correctional institution in which the offender is confined	12735
immediately shall notify the appropriate person at the department	12736
of rehabilitation and correction of the hearing, and the	12737
department within twenty-four hours after receipt of the notice	12738
shall post on the database it maintains pursuant to section	12739
5120.66 of the Revised Code the offender's name and all of the	12740
information specified in division (A)(1)(c)(i) of that section. If	12741
the court grants a hearing on a petition for release of an	12742
offender under this section, the court promptly shall give notice	12743
of the hearing to the prosecuting attorney of the county in which	12744
the offender was indicted. Upon receipt of the notice from the	12745
court, the prosecuting attorney shall notify pursuant to section	12746
2930.16 of the Revised Code any victim of the offender or the	12747
victim's representative of the hearing.	12748

(H) If the court grants a hearing on a petition for release	12749
of an offender under this section, at the hearing, the court shall	12750
afford the offender and the offender's attorney an opportunity to	12751
present written information and, if present, oral information	12752
relevant to the motion. The court shall afford a similar	12753
opportunity to the prosecuting attorney, victim or victim's	12754
representative, as defined in section 2930.01 of the Revised Code,	12755
and any other person the court determines is likely to present	12756
additional relevant information. If the court pursuant to division	12757
(G) of this section permits the offender to appear at the hearing	12758
by video conferencing equipment, the offender's opportunity to	12759
present oral information shall be as a part of the video	12760
conferencing. The court shall consider any statement of a victim	12761
made under section 2930.14 or 2930.17 of the Revised Code, any	12762
victim impact statement prepared under 2947.051 of the Revised	12763
Code, and any report, plan, and other documentation submitted by	12764
the director under division (D) of this section. After ruling on	12765
the motion, the court shall notify the victim in accordance with	12766
sections 2930.03 and 2930.16 of the Revised Code.	12767

(I) If the court grants a petition for release of an offender	12768
under this section, it shall order the offender's release under	12769
the supervision of the adult parole authority. The court shall not	12770
make a release under this section effective prior to the date on	12771
which the offender has served at least eighty-five per cent of the	12772
offender's stated prison term that remains to be served after the	12773
offender becomes eligible as described in division (C) of this	12774
section. If the sentence under which the offender is confined in a	12775
state correctional institution and from which the offender is	12776
being released was imposed for a felony of the first or second	12777
degree, the court shall order that the offender be monitored by	12778
means of a global positioning device, with the cost of monitoring	12779
borne by the offender through the imposition of supervision fees	12780
under section 5120.56 of the Revised Code. If the offender is	12781
indigent, the cost shall be paid by the department of	12782
rehabilitation and correction. The initial period of supervision	12783
by the adult parole authority and the monitoring of the offender	12784
by means of a global positioning device when ordered shall	12785
conclude on the date of expiration of the stated prison term from	12786
which the offender was released. If the parole board imposed a	12787
period of post-release control on the offender under section	12788
2967.28 of the Revised Code, upon the conclusion of that initial	12789
period of supervision and that initial period of monitoring when	12790
ordered, the offender shall be placed on post-release control in	12791
accordance with the post-release control sanctions the board	12792
imposed on the offender under that section.	12793

If the court grants a petition for release of an offender	12794
under this section, it shall notify the appropriate person at the	12795
department of rehabilitation and correction of the release, and	12796
the department shall post notice of the release on the database it	12797
maintains pursuant to section 5120.66 of the Revised Code.	12798

(J) Within ninety days after the effective date of this	12799
section, the chair of the parole board or the chair's designee	12800
shall review the cases of all parole-eligible inmates who are age	12801
sixty-five or older and who have had a statutory first parole	12802
consideration hearing.	12803

(K) Upon completion of the review described in division (J)	12804
of this section, the chair of the parole board shall present to	12805
the board the cases of the offenders described in that division.	12806
Upon presentation of the case of an offender, the board, by	12807
majority vote, may choose to rehear the offender's case for	12808
possible release on parole.	12809

(L) The department shall adopt under Chapter 119. of the	12810
Revised Code any rules necessary to implement this section.	12811

Sec. 2967.193. (A) Except as provided in division (C) of	12812
this section or in division (B) of section 2929.143 or section	12813
2929.13, 2929.14, or 2967.13 of the Revised Code and subject to	12814
the maximum total specified in this section, a person confined in	12815
a state correctional institution may earn one day or five days of	12816
credit, determined based on the category set forth in division	12817
(D)(1), (2), (3), or (4) of this section in which the person is	12818
included, as a deduction from the person's stated prison term for	12819
each ~~full~~completed month during which the person productively	12820
participates in an education program, vocational training,	12821
employment in prison industries, or treatment for substance abuse,	12822
~~treatment as a sex offender, or any other constructive program~~as	12823
developed by the department with specific standards for	12824
performance by prisoners. ~~At the end of each calendar month in~~	12825
~~which a prisoner productively participates in a program or~~	12826
~~activity listed in this division, the department of rehabilitation~~	12827
~~and correction shall deduct one day from the date on which the~~	12828
~~prisoner's stated prison term will expire.~~The total number of	12829
days of credit that a person may earn under this section shall not	12830
exceed eight per cent of the total number of days in the person's	12831
stated prison term. If the prisoner violates prison rules, the	12832
department may deny the prisoner a credit that otherwise could	12833
have been awarded to the prisoner or may withdraw one or more	12834
credits previously earned by the prisoner.	12835

~~If a prisoner is released before the expiration of the~~	12836
~~prisoner's stated prison term by reason of credit earned under~~	12837
~~this section, the department shall retain control of the prisoner~~	12838
~~by means of an appropriate post-release control sanction imposed~~	12839
~~by the parole board until the end of the stated prison term if the~~	12840
~~parole board imposes a post-release control sanction pursuant to~~	12841
~~section 2967.28 of the Revised Code. If the parole board is not~~	12842
~~required to impose a post-release control sanction under section~~	12843
~~2967.28 of the Revised Code, the parole board may elect not to~~	12844
~~impose a post-release control sanction on the prisoner.~~	12845

(B) The department of rehabilitation and correction shall	12846
adopt rules that specify the programs or activities for which	12847
credit may be earned under this section, the criteria for	12848
determining productive participation in the programs or activities	12849
and for awarding credit, and the criteria for denying or	12850
withdrawing previously earned credit as a result of a violation of	12851
prison rules.	12852

(C) No person who is serving a sentence of life imprisonment	12853
without parole imposed pursuant to section 2929.03 or 2929.06 of	12854
the Revised Code or, who is serving a prison term or a term of	12855
life imprisonment without parole imposed pursuant to section	12856
2971.03 of the Revised Code, or who is serving a sentence for a	12857
sexually oriented offense that was imposed for a conviction	12858
occurring or guilty plea entered on or after the effective date of	12859
this amendment shall be awarded any days of credit under division	12860
(A) of this section.	12861

(D) The determination of whether a person confined in a state	12862
correctional institution may earn one day of credit or five days	12863
of credit under division (A) of this section for each completed	12864
month during which the person productively participates in a	12865
program specified under that division shall be made in accordance	12866
with the following:	12867

(1) The offender may earn one day of credit under division	12868
(A) of this section, except as provided in division (C) of this	12869
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	12870
Code, if the most serious offense for which the offender is	12871
confined is any of the following that is a felony of the first or	12872
second degree:	12873

(a) A violation of division (A) of section 2903.04 or of	12874
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	12875
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	12876
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	12877
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	12878
of the Revised Code;	12879

(b) A conspiracy or attempt to commit, or complicity in	12880
committing, aggravated murder, murder, any other offense for which	12881
the maximum penalty is death or imprisonment for life, or any	12882
offense listed in division (D)(1)(a) of this section.	12883

(2) The offender may earn one day of credit under division	12884
(A) of this section, except as provided in division (C) of this	12885
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	12886
Code, if the most serious offense for which the offender is	12887
confined is a sexually oriented offense and the offender was	12888
convicted of or pleaded guilty to that offense prior to the	12889
effective date of this amendment.	12890

(3) The offender may earn one day of credit under division	12891
(A) of this section, except as provided in division (C) of this	12892
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	12893
Code, if the offense for which the offender is confined is any	12894
felony other than carrying a concealed weapon an essential element	12895
of which is any conduct or failure to act expressly involving any	12896
deadly weapon or dangerous ordnance.	12897

(4) The offender may earn five days of credit under division	12898
(A) of this section, except as provided in division (C) of this	12899
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	12900
Code, if the most serious offense for which the offender is	12901
confined is a felony of the first or second degree and divisions	12902
(D)(1), (2), and (3) of this section do not apply to the offender.	12903

(5) The offender may earn five days of credit under division	12904
(A) of this section, except as provided in division (C) of this	12905
section or in section 2929.13, 2929.14, or 2967.13 of the Revised	12906
Code, if the most serious offense for which the offender is	12907
confined is a felony of the third, fourth, or fifth degree or an	12908
unclassified felony and neither division (D)(2) nor (3) of this	12909
section applies to the offender.	12910

(E) As used in this section, "sexually oriented offense" has	12911
the same meaning as in section 2950.01 of the Revised Code.	12912

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

12913

(1) "Monitored time" means the monitored time sanction	12914
specified in section 2929.17 of the Revised Code.	12915

(2) "Deadly weapon" and "dangerous ordnance" have the same	12916
meanings as in section 2923.11 of the Revised Code.	12917

(3) "Felony sex offense" means a violation of a section	12918
contained in Chapter 2907. of the Revised Code that is a felony.	12919

(B) Each sentence to a prison term for a felony of the first	12920
degree, for a felony of the second degree, for a felony sex	12921
offense, or for a felony of the third degree that is not a felony	12922
sex offense and in the commission of which the offender caused or	12923
threatened to cause physical harm to a person shall include a	12924
requirement that the offender be subject to a period of	12925
post-release control imposed by the parole board after the	12926
offender's release from imprisonment. If a court imposes a	12927
sentence including a prison term of a type described in this	12928
division on or after July 11, 2006, the failure of a sentencing	12929
court to notify the offender pursuant to division (B)(3)(c) of	12930
section 2929.19 of the Revised Code of this requirement or to	12931
include in the judgment of conviction entered on the journal a	12932
statement that the offender's sentence includes this requirement	12933
does not negate, limit, or otherwise affect the mandatory period	12934
of supervision that is required for the offender under this	12935
division. Section 2929.191 of the Revised Code applies if, prior	12936
to July 11, 2006, a court imposed a sentence including a prison	12937
term of a type described in this division and failed to notify the	12938
offender pursuant to division (B)(3)(c) of section 2929.19 of the	12939
Revised Code regarding post-release control or to include in the	12940
judgment of conviction entered on the journal or in the sentence	12941
pursuant to division (F)(1) of section 2929.14 of the Revised Code	12942
a statement regarding post-release control. Unless reduced by the	12943
parole board pursuant to division (D) of this section when	12944
authorized under that division, a period of post-release control	12945
required by this division for an offender shall be of one of the	12946
following periods:	12947

(1) For a felony of the first degree or for a felony sex	12948
offense, five years;	12949

(2) For a felony of the second degree that is not a felony	12950
sex offense, three years;	12951

(3) For a felony of the third degree that is not a felony sex	12952
offense and in the commission of which the offender caused or	12953
threatened physical harm to a person, three years.	12954

(C) Any sentence to a prison term for a felony of the third,	12955
fourth, or fifth degree that is not subject to division (B)(1) or	12956
(3) of this section shall include a requirement that the offender	12957
be subject to a period of post-release control of up to three	12958
years after the offender's release from imprisonment, if the	12959
parole board, in accordance with division (D) of this section,	12960
determines that a period of post-release control is necessary for	12961
that offender. Section 2929.191 of the Revised Code applies if,	12962
prior to July 11, 2006, a court imposed a sentence including a	12963
prison term of a type described in this division and failed to	12964
notify the offender pursuant to division (B)(3)(d) of section	12965
2929.19 of the Revised Code regarding post-release control or to	12966
include in the judgment of conviction entered on the journal or in	12967
the sentence pursuant to division (F)(2) of section 2929.14 of the	12968
Revised Code a statement regarding post-release control. Pursuant	12969
to an agreement entered into under section 2967.29 of the Revised	12970
Code, a court of common pleas or parole board may impose sanctions	12971
or conditions on an offender who is placed on post-release control	12972
under this division.	12973

(D)(1) Before the prisoner is released from imprisonment, the	12974
parole board or, pursuant to an agreement under section 2967.29 of	12975
the Revised Code, the court shall impose upon a prisoner described	12976
in division (B) of this section, may impose upon a prisoner	12977
described in division (C) of this section, and shall impose upon a	12978
prisoner described in division (B)(2)(b) of section 5120.031 or in	12979
division (B)(1) of section 5120.032 of the Revised Code, one or	12980
more post-release control sanctions to apply during the prisoner's	12981
period of post-release control. Whenever the board or court	12982
imposes one or more post-release control sanctions upon a	12983
prisoner, the board or court, in addition to imposing the	12984
sanctions, also shall include as a condition of the post-release	12985
control that the offender not leave the state without permission	12986
of the court or the offender's parole or probation officer and	12987
that the offender abide by the law. The board or court may impose	12988
any other conditions of release under a post-release control	12989
sanction that the board or court considers appropriate, and the	12990
conditions of release may include any community residential	12991
sanction, community nonresidential sanction, or financial sanction	12992
that the sentencing court was authorized to impose pursuant to	12993
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	12994
to the release of a prisoner for whom it will impose one or more	12995
post-release control sanctions under this division, the parole	12996
board or court shall review the prisoner's criminal history,	12997
results from the single validated risk assessment tool selected by	12998
the department of rehabilitation and correction under section	12999
5120.114 of the Revised Code, all juvenile court adjudications	13000
finding the prisoner, while a juvenile, to be a delinquent child,	13001
and the record of the prisoner's conduct while imprisoned. The	13002
parole board or court shall consider any recommendation regarding	13003
post-release control sanctions for the prisoner made by the office	13004
of victims' services. After considering those materials, the board	13005
or court shall determine, for a prisoner described in division (B)	13006
of this section, division (B)(2)(b) of section 5120.031, or	13007
division (B)(1) of section 5120.032 of the Revised Code, which	13008
post-release control sanction or combination of post-release	13009
control sanctions is reasonable under the circumstances or, for a	13010
prisoner described in division (C) of this section, whether a	13011
post-release control sanction is necessary and, if so, which	13012
post-release control sanction or combination of post-release	13013
control sanctions is reasonable under the circumstances. In the	13014
case of a prisoner convicted of a felony of the fourth or fifth	13015
degree other than a felony sex offense, the board or court shall	13016
presume that monitored time is the appropriate post-release	13017
control sanction unless the board or court determines that a more	13018
restrictive sanction is warranted. A post-release control sanction	13019
imposed under this division takes effect upon the prisoner's	13020
release from imprisonment.	13021

Regardless of whether the prisoner was sentenced to the	13022
prison term prior to, on, or after July 11, 2006, prior to the	13023
release of a prisoner for whom it will impose one or more	13024
post-release control sanctions under this division, the parole	13025
board shall notify the prisoner that, if the prisoner violates any	13026
sanction so imposed or any condition of post-release control	13027
described in division (B) of section 2967.131 of the Revised Code	13028
that is imposed on the prisoner, the parole board may impose a	13029
prison term of up to one-half of the stated prison term originally	13030
imposed upon the prisoner.	13031

(2) If a prisoner who is placed on post-release control under	13032
this section is released before the expiration of the prisoner's	13033
stated prison term by reason of credit earned under section	13034
2967.193 of the Revised Code and if the prisoner earned sixty or	13035
more days of credit, the adult parole authority shall supervise	13036
the offender with an active global positioning system device for	13037
the first fourteen days after the offender's release from	13038
imprisonment. This division does not prohibit or limit the	13039
imposition of any post-release control sanction otherwise	13040
authorized by this section.	13041

(3) At any time after a prisoner is released from	13042
imprisonment and during the period of post-release control	13043
applicable to the releasee, the adult parole authority or,	13044
pursuant to an agreement under section 2967.29 of the Revised	13045
Code, the court may review the releasee's behavior under the	13046
post-release control sanctions imposed upon the releasee under	13047
this section. The authority or court may determine, based upon the	13048
review and in accordance with the standards established under	13049
division (E) of this section, that a more restrictive or a less	13050
restrictive sanction is appropriate and may impose a different	13051
sanction. The authority also may recommend that the parole board	13052
or court increase or reduce the duration of the period of	13053
post-release control imposed by the court. If the authority	13054
recommends that the board or court increase the duration of	13055
post-release control, the board or court shall review the	13056
releasee's behavior and may increase the duration of the period of	13057
post-release control imposed by the court up to eight years. If	13058
the authority recommends that the board or court reduce the	13059
duration of control for an offense described in division (B) or	13060
(C) of this section, the board or court shall review the	13061
releasee's behavior and may reduce the duration of the period of	13062
control imposed by the court. In no case shall the board or court	13063
reduce the duration of the period of control imposed for an	13064
offense described in division (B)(1) of this section to a period	13065
less than the length of the stated prison term originally imposed,	13066
and in no case shall the board or court permit the releasee to	13067
leave the state without permission of the court or the releasee's	13068
parole or probation officer.	13069

(E) The department of rehabilitation and correction, in	13070
accordance with Chapter 119. of the Revised Code, shall adopt	13071
rules that do all of the following:	13072

(1) Establish standards for the imposition by the parole	13073
board of post-release control sanctions under this section that	13074
are consistent with the overriding purposes and sentencing	13075
principles set forth in section 2929.11 of the Revised Code and	13076
that are appropriate to the needs of releasees;	13077

(2) Establish standards by which the parole board can	13078
determine which prisoners described in division (C) of this	13079
section should be placed under a period of post-release control;	13080

(3) Establish standards to be used by the parole board in	13081
reducing the duration of the period of post-release control	13082
imposed by the court when authorized under division (D) of this	13083
section, in imposing a more restrictive post-release control	13084
sanction than monitored time upon a prisoner convicted of a felony	13085
of the fourth or fifth degree other than a felony sex offense, or	13086
in imposing a less restrictive control sanction upon a releasee	13087
based on the releasee's activities including, but not limited to,	13088
remaining free from criminal activity and from the abuse of	13089
alcohol or other drugs, successfully participating in approved	13090
rehabilitation programs, maintaining employment, and paying	13091
restitution to the victim or meeting the terms of other financial	13092
sanctions;	13093

(4) Establish standards to be used by the adult parole	13094
authority in modifying a releasee's post-release control sanctions	13095
pursuant to division (D)(2) of this section;	13096

(5) Establish standards to be used by the adult parole	13097
authority or parole board in imposing further sanctions under	13098
division (F) of this section on releasees who violate post-release	13099
control sanctions, including standards that do the following:	13100

(a) Classify violations according to the degree of	13101
seriousness;	13102

(b) Define the circumstances under which formal action by the	13103
parole board is warranted;	13104

13105

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

13106

(e) Prescribe nonresidential community control sanctions for	13107
most misdemeanor and technical violations;	13108

(f) Provide procedures for the return of a releasee to	13109
imprisonment for violations of post-release control.	13110

(F)(1) Whenever the parole board imposes one or more	13111
post-release control sanctions upon an offender under this	13112
section, the offender upon release from imprisonment shall be	13113
under the general jurisdiction of the adult parole authority and	13114
generally shall be supervised by the field services section	13115
through its staff of parole and field officers as described in	13116
section 5149.04 of the Revised Code, as if the offender had been	13117
placed on parole. If the offender upon release from imprisonment	13118
violates the post-release control sanction or any conditions	13119
described in division (A) of section 2967.131 of the Revised Code	13120
that are imposed on the offender, the public or private person or	13121
entity that operates or administers the sanction or the program or	13122
activity that comprises the sanction shall report the violation	13123
directly to the adult parole authority or to the officer of the	13124
authority who supervises the offender. The authority's officers	13125
may treat the offender as if the offender were on parole and in	13126
violation of the parole, and otherwise shall comply with this	13127
section.	13128

(2) If the adult parole authority or, pursuant to an	13129
agreement under section 2967.29 of the Revised Code, the court	13130
determines that a releasee has violated a post-release control	13131
sanction or any conditions described in division (A) of section	13132
2967.131 of the Revised Code imposed upon the releasee and that a	13133
more restrictive sanction is appropriate, the authority or court	13134
may impose a more restrictive sanction upon the releasee, in	13135
accordance with the standards established under division (E) of	13136
this section or in accordance with the agreement made under	13137
section 2967.29 of the Revised Code, or may report the violation	13138
to the parole board for a hearing pursuant to division (F)(3) of	13139
this section. The authority or court may not, pursuant to this	13140
division, increase the duration of the releasee's post-release	13141
control or impose as a post-release control sanction a residential	13142
sanction that includes a prison term, but the authority or court	13143
may impose on the releasee any other residential sanction,	13144
nonresidential sanction, or financial sanction that the sentencing	13145
court was authorized to impose pursuant to sections 2929.16,	13146
2929.17, and 2929.18 of the Revised Code.	13147

(3) The parole board or, pursuant to an agreement under	13148
section 2967.29 of the Revised Code, the court may hold a hearing	13149
on any alleged violation by a releasee of a post-release control	13150
sanction or any conditions described in division (A) of section	13151
2967.131 of the Revised Code that are imposed upon the releasee.	13152
If after the hearing the board or court finds that the releasee	13153
violated the sanction or condition, the board or court may	13154
increase the duration of the releasee's post-release control up to	13155
the maximum duration authorized by division (B) or (C) of this	13156
section or impose a more restrictive post-release control	13157
sanction. When appropriate, the board or court may impose as a	13158
post-release control sanction a residential sanction that includes	13159
a prison term. The board or court shall consider a prison term as	13160
a post-release control sanction imposed for a violation of	13161
post-release control when the violation involves a deadly weapon	13162
or dangerous ordnance, physical harm or attempted serious physical	13163
harm to a person, or sexual misconduct, or when the releasee	13164
committed repeated violations of post-release control sanctions.	13165
Unless a releasee's stated prison term was reduced pursuant to	13166
section 5120.032 of the Revised Code, the period of a prison term	13167
that is imposed as a post-release control sanction under this	13168
division shall not exceed nine months, and the maximum cumulative	13169
prison term for all violations under this division shall not	13170
exceed one-half of the stated prison term originally imposed upon	13171
the offender as part of this sentence. If a releasee's stated	13172
prison term was reduced pursuant to section 5120.032 of the	13173
Revised Code, the period of a prison term that is imposed as a	13174
post-release control sanction under this division and the maximum	13175
cumulative prison term for all violations under this division	13176
shall not exceed the period of time not served in prison under the	13177
sentence imposed by the court. The period of a prison term that is	13178
imposed as a post-release control sanction under this division	13179
shall not count as, or be credited toward, the remaining period of	13180
post-release control.	13181

If an offender is imprisoned for a felony committed while	13182
under post-release control supervision and is again released on	13183
post-release control for a period of time determined by division	13184
(F)(4)(d) of this section, the maximum cumulative prison term for	13185
all violations under this division shall not exceed one-half of	13186
the total stated prison terms of the earlier felony, reduced by	13187
any prison term administratively imposed by the parole board or	13188
court, plus one-half of the total stated prison term of the new	13189
felony.	13190

(4) Any period of post-release control shall commence upon an	13191
offender's actual release from prison. If an offender is serving	13192
an indefinite prison term or a life sentence in addition to a	13193
stated prison term, the offender shall serve the period of	13194
post-release control in the following manner:	13195

(a) If a period of post-release control is imposed upon the	13196
offender and if the offender also is subject to a period of parole	13197
under a life sentence or an indefinite sentence, and if the period	13198
of post-release control ends prior to the period of parole, the	13199
offender shall be supervised on parole. The offender shall receive	13200
credit for post-release control supervision during the period of	13201
parole. The offender is not eligible for final release under	13202
section 2967.16 of the Revised Code until the post-release control	13203
period otherwise would have ended.	13204

(b) If a period of post-release control is imposed upon the	13205
offender and if the offender also is subject to a period of parole	13206
under an indefinite sentence, and if the period of parole ends	13207
prior to the period of post-release control, the offender shall be	13208
supervised on post-release control. The requirements of parole	13209
supervision shall be satisfied during the post-release control	13210
period.	13211

(c) If an offender is subject to more than one period of	13212
post-release control, the period of post-release control for all	13213
of the sentences shall be the period of post-release control that	13214
expires last, as determined by the parole board or court. Periods	13215
of post-release control shall be served concurrently and shall not	13216
be imposed consecutively to each other.	13217

(d) The period of post-release control for a releasee who	13218
commits a felony while under post-release control for an earlier	13219
felony shall be the longer of the period of post-release control	13220
specified for the new felony under division (B) or (C) of this	13221
section or the time remaining under the period of post-release	13222
control imposed for the earlier felony as determined by the parole	13223
board or court.	13224

Sec. 2981.07. (A) No person shall destroy, damage, remove, or	13225
transfer property that is subject to forfeiture or otherwise take	13226
any action in regard to property that is subject to forfeiture	13227
with purpose to do any of the following:	13228

(1) Prevent or impair the state's or political subdivision's	13229
lawful authority to take the property into its custody or control	13230
under this chapter or to continue holding the property under its	13231
lawful custody or control;	13232

(2) Impair or defeat the court's continuing jurisdiction over	13233
the person and property;	13234

(3) Devalue property that the person knows, or has reasonable	13235
cause to believe, is subject to forfeiture proceedings under this	13236
chapter.	13237

(B)(1) Whoever violates this section is guilty of	13238
interference with or diminishing forfeitable property.	13239

(2) Except as otherwise provided in divisions (B)(3), (4),	13240
and (5) of this section, interference with or diminishing	13241
forfeitable property is a misdemeanor of the first degree.	13242

(3) If the value of the property is ~~five hundred~~one thousand	13243
dollars or more but less than ~~five~~seven thousand five hundred	13244
dollars, interference with or diminishing forfeitable property is	13245
a felony of the fifth degree.	13246

(4) If the value of the property is ~~five~~seven thousand five	13247
hundred dollars or more but less than one hundred fifty thousand	13248
dollars, interference with or diminishing forfeitable property is	13249
a felony of the fourth degree.	13250

(5) If the value of the property is one hundred fifty	13251
thousand dollars or more, interference with or diminishing	13252
forfeitable property is a felony of the third degree.	13253

Sec. 4507.51. (A)(1) Every application for an identification	13254
card or duplicate shall be made on a form furnished by the	13255
registrar of motor vehicles, shall be signed by the applicant, and	13256
by the applicant's parent or guardian if the applicant is under	13257
eighteen years of age, and shall contain the following information	13258
pertaining to the applicant: name, date of birth, sex, general	13259
description including the applicant's height, weight, hair color,	13260
and eye color, address, and social security number. The	13261
application also shall state whether an applicant wishes to	13262
certify willingness to make an anatomical gift under section	13263
2108.05 of the Revised Code and shall include information about	13264
the requirements of sections 2108.01 to 2108.29 of the Revised	13265
Code that apply to persons who are less than eighteen years of	13266
age. The statement regarding willingness to make such a donation	13267
shall be given no consideration in the decision of whether to	13268
issue an identification card. Each applicant shall be photographed	13269
in color at the time of making application.	13270

(2)(a) The application also shall state whether the applicant	13271
has executed a valid durable power of attorney for health care	13272
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	13273
executed a declaration governing the use or continuation, or the	13274
withholding or withdrawal, of life-sustaining treatment pursuant	13275
to sections 2133.01 to 2133.15 of the Revised Code and, if the	13276
applicant has executed either type of instrument, whether the	13277
applicant wishes the identification card issued to indicate that	13278
the applicant has executed the instrument.	13279

(b) On and after October 7, 2009, the application also shall	13280
state whether the applicant is a veteran, active duty, or	13281
reservist of the armed forces of the United States and, if the	13282
applicant is such, whether the applicant wishes the identification	13283
card issued to indicate that the applicant is a veteran, active	13284
duty, or reservist of the armed forces of the United States by a	13285
military designation on the identification card.	13286

(3) The registrar or deputy registrar, in accordance with	13287
section 3503.11 of the Revised Code, shall register as an elector	13288
any person who applies for an identification card or duplicate if	13289
the applicant is eligible and wishes to be registered as an	13290
elector. The decision of an applicant whether to register as an	13291
elector shall be given no consideration in the decision of whether	13292
to issue the applicant an identification card or duplicate.	13293

(B) The application for an identification card or duplicate	13294
shall be filed in the office of the registrar or deputy registrar.	13295
Each applicant shall present documentary evidence as required by	13296
the registrar of the applicant's age and identity, and the	13297
applicant shall swear that all information given is true. An	13298
identification card issued by the department of rehabilitation and	13299
correction under section 5120.59 of the Revised Code shall be	13300
sufficient documentary evidence under this division upon	13301
verification of the applicant's social security number by the	13302
registrar or a deputy registrar. Upon issuing an identification	13303
card under this section for a person who has been issued an	13304
identification card under section 5120.59 of the Revised Code, the	13305
registrar or deputy registrar shall destroy the identification	13306
card issued under section 5120.59 of the Revised Code.	13307

All applications for an identification card or duplicate	13308
shall be filed in duplicate, and if submitted to a deputy	13309
registrar, a copy shall be forwarded to the registrar. The	13310
registrar shall prescribe rules for the manner in which a deputy	13311
registrar is to file and maintain applications and other records.	13312
The registrar shall maintain a suitable, indexed record of all	13313
applications denied and cards issued or canceled.	13314

(C) In addition to any other information it contains, on and	13315
after the date that is fifteen months after the effective date of	13316
this amendment, the form furnished by the registrar of motor	13317
vehicles for an application for an identification card or	13318
duplicate shall inform applicants that the applicant must present	13319
a copy of the applicant's DD-214 or an equivalent document in	13320
order to qualify to have the card or duplicate indicate that the	13321
applicant is an honorably discharged veteran of the armed forces	13322
of the United States based on a request made pursuant to division	13323
(A)(2)(b) of this section.	13324

Sec. 5120.035. (A) As used in this section:

13325

(1) "Alcohol and drug addiction services" has the same	13326
meaning as in section 3793.01 of the Revised Code.	13327

(2) "Second Chance Act" means the "Second Chance Act of 2007:	13328
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42	13329
U.S.C. 17501, et seq., as now or hereafter amended.	13330

(B) The department of rehabilitation and correction, together	13331
with the department of alcohol and drug addiction services as the	13332
single state authority for alcohol and drug addiction services,	13333
shall develop an implementation plan related to any funding	13334
approved by the bureau of justice assistance of the United States	13335
department of justice through the Second Chance Act related to	13336
reentry of offenders into the community. The department of	13337
rehabilitation and correction, together with the department of	13338
alcohol and drug addiction services, shall develop the plan not	13339
later than ninety days after either of the departments is notified	13340
by the United States department of justice that this state will	13341
receive funding through the Second Chance Act. The implementation	13342
plan shall include, but is not limited to, all of the following:	13343

(1) A process and funding system for the reentry of offenders	13344
seeking alcohol and drug addiction services;	13345

(2) The planning, development, implementation, outcomes,	13346
monitoring, regulation, and evaluation of a statewide system for	13347
clinically appropriate alcohol and drug addiction services.	13348

Sec. 5120.036. (A) The department of rehabilitation and	13349
correction shall provide risk reduction programming and treatment	13350
for inmates whom a court under section 2929.143 of the Revised	13351
Code recommends serve a risk reduction sentence and who meet the	13352
eligibility criteria described in division (B) of this section.	13353

(B) If an offender is sentenced to a term of imprisonment in	13354
a state correctional institution and the sentencing court	13355
recommended that the offender serve a risk reduction sentence, the	13356
department of rehabilitation and correction shall conduct a	13357
validated and objective assessment of the person's needs and risk	13358
of reoffending. If the offender cooperates with the risk	13359
assessment and agrees to participate in any programming or	13360
treatment ordered by the department, the department shall provide	13361
programming and treatment to the offender to address the risks and	13362
needs identified in the assessment.	13363

(C) If the department determines that an offender serving a	13364
term of incarceration for whom the sentencing court recommended a	13365
risk reduction sentence under section 2929.143 of the Revised Code	13366
has successfully completed the assessment and treatment or	13367
programming required by the department under division (B) of this	13368
section, the department shall release the offender to supervised	13369
release after the offender has served a minimum of seventy-five	13370
per cent of that term of incarceration. The department shall	13371
notify the sentencing court that the offender has successfully	13372
completed the terms of the risk reduction sentence at least thirty	13373
days prior to the date upon which the offender is to be released.	13374

Sec. 5120.07. (A) There is hereby created the ex-offender	13375
reentry coalition consisting of the following seventeen members or	13376
their designees:	13377

(1) The director of rehabilitation and correction;

13378

(2) The director of aging;

13379

(3) The director of alcohol and drug addiction services;

13380

(4) The director of development;

13381

(5) The superintendent of public instruction;

13382

(6) The director of health;

13383

(7) The director of job and family services;

13384

(8) The director of mental health;

13385

(9) The director of developmental disabilities;

13386

(10) The director of public safety;

13387

(11) The director of youth services;

13388

(12) The chancellor of the Ohio board of regents;

13389

(13) ~~The director~~A representative or member of the	13390
governor's ~~office of external affairs and economic opportunity~~	13391
staff;	13392

(14) ~~The director of the governor's office of faith-based and~~	13393
~~community initiatives;~~	13394

~~(15)~~ The director of the rehabilitation services commission;

13395

~~(16)~~(15) The director of the department of commerce;

13396

~~(17)~~(16) The executive director of a health care licensing	13397
board created under Title XLVII of the Revised Code, as appointed	13398
by the chairperson of the coalition;	13399

(17) The director of veterans services.

13400

(B) The members of the coalition shall serve without	13401
compensation. The director of rehabilitation and correction or the	13402
director's designee shall be the chairperson of the coalition.	13403

(C) In consultation with persons interested and involved in	13404
the reentry of ex-offenders into the community, including but not	13405
limited to, service providers, community-based organizations, and	13406
local governments, the coalition shall identify and examine social	13407
service barriers and other obstacles to the reentry of	13408
ex-offenders into the community. Not later than one year after	13409
April 7, 2009, and on or before the same date of each year	13410
thereafter, the coalition shall submit to the speaker of the house	13411
of representatives and the president of the senate a report,	13412
including recommendations for legislative action, the activities	13413
of the coalition, and the barriers affecting the successful	13414
reentry of ex-offenders into the community. The report shall	13415
analyze the effects of those barriers on ex-offenders and on their	13416
children and other family members in various areas, including but	13417
not limited to, the following:	13418

(1) Admission to public and other housing;

13419

(2) Child support obligations and procedures;

13420

(3) Parental incarceration and family reunification;

13421

(4) Social security benefits, veterans' benefits, food	13422
stamps, and other forms of public assistance;	13423

(5) Employment;

13424

(6) Education programs and financial assistance;

13425

(7) Substance abuse, mental health, and sex offender	13426
treatment programs and financial assistance;	13427

(8) Civic and political participation;

13428

(9) Other collateral consequences under the Revised Code or	13429
the Ohio administrative code law that may result from a criminal	13430
conviction.	13431

(D)(1) The report shall also include the following	13432
information:	13433

(a) Identification of state appropriations for reentry	13434
programs;	13435

(b) Identification of other funding sources for reentry	13436
programs that are not funded by the state;	13437

(2) The coalition shall gather information about reentry	13438
programs in a repository maintained and made available by the	13439
coalition. Where available , the information shall include the	13440
following:	13441

(a) The amount of funding received;

13442

(b) The number of program participants;

13443

(c) The composition of the program, including program goals,	13444
methods for measuring success, and program success rate;	13445

(d) The type of post-program tracking that is utilized;

13446

(e) Information about employment rates and recidivism rates	13447
of ex-offenders.	13448

(E) The coalition shall cease to exist on December 31, 2014.

13449

Sec. 5120.10. (A)(1) The director of rehabilitation and	13450
correction, by rule, shall promulgate minimum standards for jails	13451
in Ohio, including minimum security jails dedicated under section	13452
341.34 or 753.21 of the Revised Code. Whenever the director files	13453
a rule or an amendment to a rule in final form with both the	13454
secretary of state and the director of the legislative service	13455
commission pursuant to section 111.15 of the Revised Code, the	13456
director of rehabilitation and correction promptly shall send a	13457
copy of the rule or amendment, if the rule or amendment pertains	13458
to minimum jail standards, by ordinary mail to the political	13459
subdivisions or affiliations of political subdivisions that	13460
operate jails to which the standards apply.	13461

(2) The rules promulgated in accordance with division (A)(1)	13462
of this section shall serve as criteria for the investigative and	13463
supervisory powers and duties vested by division (D) of this	13464
section in the division of parole and community services of the	13465
department of rehabilitation and correction or in another division	13466
of the department to which those powers and duties are assigned.	13467

(B) The director may initiate an action in the court of	13468
common pleas of the county in which a facility that is subject to	13469
the rules promulgated under division (A)(1) of this section is	13470
situated to enjoin compliance with the minimum standards for jails	13471
or with the minimum standards and minimum renovation,	13472
modification, and construction criteria for minimum security	13473
jails.	13474

(C) Upon the request of an administrator of a jail facility,	13475
the chief executive of a municipal corporation, or a board of	13476
county commissioners, the director of rehabilitation and	13477
correction or the director's designee shall grant a variance from	13478
the minimum standards for jails in Ohio for a facility that is	13479
subject to one of those minimum standards when the director	13480
determines that strict compliance with the minimum standards would	13481
cause unusual, practical difficulties or financial hardship, that	13482
existing or alternative practices meet the intent of the minimum	13483
standards, and that granting a variance would not seriously affect	13484
the security of the facility, the supervision of the inmates, or	13485
the safe, healthful operation of the facility. If the director or	13486
the director's designee denies a variance, the applicant may	13487
appeal the denial pursuant to section 119.12 of the Revised Code.	13488

(D) The following powers and duties shall be exercised by the	13489
division of parole and community services unless assigned to	13490
another division by the director:	13491

(1) The investigation and supervision of county and municipal	13492
jails, workhouses, minimum security jails, and other correctional	13493
institutions and agencies;	13494

(2) The review and approval of plans submitted to the	13495
department of rehabilitation and correction pursuant to division	13496
(E) of this section;	13497

(3) The management and supervision of the adult parole	13498
authority created by section 5149.02 of the Revised Code;	13499

(4) The review and approval of proposals for community-based	13500
correctional facilities and programs and district community-based	13501
correctional facilities and programs that are submitted pursuant	13502
to division (B) of section 2301.51 of the Revised Code;	13503

(5) The distribution of funds made available to the division	13504
for purposes of assisting in the renovation, maintenance, and	13505
operation of community-based correctional facilities and programs	13506
and district community-based correctional facilities and programs	13507
in accordance with section 5120.112 of the Revised Code;	13508

(6) The performance of the duty imposed upon the department	13509
of rehabilitation and correction in section 5149.31 of the Revised	13510
Code to establish and administer a program of subsidies to	13511
eligible municipal corporations, counties, and groups of	13512
contiguous counties for the development, implementation, and	13513
operation of community-based corrections programs;	13514

(7) Licensing halfway houses and community residential	13515
centers for the care and treatment of adult offenders in	13516
accordance with section 2967.14 of the Revised Code;	13517

(8) Contracting with a public or private agency or a	13518
department or political subdivision of the state that operates a	13519
licensed halfway house or community residential center for the	13520
provision of housing, supervision, and other services to parolees,	13521
releasees, persons placed under a residential sanction, persons	13522
under transitional control, and other eligible offenders in	13523
accordance with section 2967.14 of the Revised Code.	13524

Other powers and duties may be assigned by the director of	13525
rehabilitation and correction to the division of parole and	13526
community services. This section does not apply to the department	13527
of youth services or its institutions or employees.	13528

(E) No plan for any new jail, workhouse, or lockup, and no	13529
plan for a substantial addition or alteration to an existing jail,	13530
workhouse, or lockup, shall be adopted unless the officials	13531
responsible for adopting the plan have submitted the plan to the	13532
department of rehabilitation and correction for approval, and the	13533
department has approved the plan as provided in division (D)(2) of	13534
this section.	13535

(F) The division of parole and community services shall	13536
review, approve, and certify proposals for community alternative	13537
sentencing centers and district community alternative sentencing	13538
centers that are submitted pursuant to section 307.932 of the	13539
Revised Code.	13540

Sec. 5120.111. With respect to community-based correctional	13541
facilities and programs and district community-based correctional	13542
facilities and programs authorized under section 2301.51 of the	13543
Revised Code and to community alternative sentencing centers and	13544
district community alternative sentencing centers authorized under	13545
section 307.932 of the Revised Code, the department of	13546
rehabilitation and correction shall do all of the following:	13547

(A) Adopt rules, under Chapter 119. of the Revised Code, that	13548
serve as criteria for the operation of community-based	13549
correctional facilities and programs and district community-based	13550
correctional facilities and programs approved in accordance with	13551
sections 2301.51 and 5120.10 of the Revised Code;	13552

(B) Adopt rules, under Chapter 119. of the Revised Code,	13553
governing the procedures for the submission of proposals for the	13554
establishment of community-based correctional facilities and	13555
programs and district community-based correctional facilities and	13556
programs to the division of parole and community services under	13557
division (B) of section 2301.51 of the Revised Code or for the	13558
establishment and operation of community alternative sentencing	13559
centers and district community alternative sentencing centers	13560
under section 307.932 of the Revised Code and adopt rules under	13561
Chapter 119. of the Revised Code that establish certification	13562
guidelines for community alternative sentencing centers and	13563
district community alternative sentencing centers under section	13564
307.932 of the Revised Code;	13565

(C) Prescribe forms that are to be used by facility governing	13566
boards of community-based correctional facilities and programs and	13567
district community-based correctional facilities and programs in	13568
making application for state financial assistance under section	13569
2301.56 of the Revised Code;	13570

(D) Adopt rules, under Chapter 119. of the Revised Code, that	13571
prescribe the standards of operation for the facilities and	13572
programs that must be satisfied for ~~the~~community-based	13573
correctional facilities and programs and district community-based	13574
correctional facilities and programs to be eligible for state	13575
financial assistance;	13576

(E) Through the division of parole and community services,	13577
accept and review proposals for the establishment of ~~the~~	13578
community-based correctional facilities and programs and district	13579
community-based correctional facilities and programs and approve	13580
those proposals that satisfy the minimum requirements contained in	13581
section 2301.52 of the Revised Code; and administer the program	13582
for state financial assistance to the facilities and programs in	13583
accordance with section 5120.112 of the Revised Code;	13584

(F) Accept, through the division of parole and community	13585
services, and review proposals for the establishment and operation	13586
of community alternative sentencing centers and district community	13587
alternative sentencing centers and approve and certify those	13588
proposals that satisfy the requirements contained in section	13589
307.932 of the Revised Code.	13590

Sec. 5120.113. (A) For each inmate committed to the	13591
department of rehabilitation and correction, except as provided in	13592
division (B) of this section, the department shall prepare a	13593
written reentry plan for the inmate to help guide the inmate's	13594
rehabilitation program during imprisonment, to assist in the	13595
inmate's reentry into the community, and to assess the inmate's	13596
needs upon release.	13597

(B) Division (A) of this section does not apply to an inmate	13598
who has been sentenced to life imprisonment without parole or who	13599
has been sentenced to death. Division (A) of this section does not	13600
apply to any inmate who is expected to be imprisoned for thirty	13601
days or less, but the department may prepare a written reentry	13602
plan of the type described in that division if the department	13603
determines that the plan is needed.	13604

(C) The department may collect, if available, any social and	13605
other information that will aid in the preparation of reentry	13606
plans under this section.	13607

(D) In the event the department does not prepare a written	13608
reentry plan as specified in division (A) of this section, or	13609
makes a decision to not prepare a written reentry plan under	13610
division (B) of this section or to not collect information under	13611
division (C) of this section, that fact does not give rise to a	13612
claim for damages against the state, the department, the director	13613
of the department, or any employee of the department.	13614

Sec. 5120.114. (A) The department of rehabilitation and	13615
correction shall select a single validated risk assessment tool.	13616
This assessment tool shall be used by the following entities:	13617

(1) Municipal courts;

13618

(2) Common pleas courts;

13619

(3) County courts;

13620

(4) Municipal court departments of probation;

13621

(5) County departments of probation;

13622

(6) Probation departments established by two or more	13623
counties;	13624

(7) State and local correctional institutions;

13625

(8) Private correctional facilities;

13626

(9) Community-based correctional facilities;

13627

(10) The adult parole authority;

13628

(11) The parole board.

13629

(B) All employees of entities required to use the assessment	13630
tool shall be trained and certified by a trainer who is certified	13631
by the department. Each entity utilizing the assessment tool shall	13632
develop policies and protocols regarding all of the following	13633
activities:	13634

(1) Application and integration of the assessment tool into	13635
operations, supervision, and case planning;	13636

(2) Administrative oversight of the use of the assessment	13637
tool;	13638

(3) Staff training;

13639

(4) Quality assurance;

13640

(5) Data collection and sharing as described under section	13641
5120.115 of the Revised Code.	13642

Sec. 5120.115. (A) Each authorized user of the single	13643
validated risk assessment tool described in section 5120.114 of	13644
the Revised Code shall have access to all reports generated by the	13645
risk assessment tool and all data stored in the risk assessment	13646
tool. An authorized user may disclose any report generated by the	13647
risk assessment tool to law enforcement agencies, halfway houses,	13648
and medical, mental health, and substance abuse treatment	13649
providers for penological and rehabilitative purposes. The user	13650
shall make the disclosure in a manner calculated to maintain the	13651
report's confidentiality.	13652

(B) All reports generated by or data collected in the risk	13653
assessment tool are confidential information and are not a public	13654
record. No person shall disclose any report generated by or data	13655
collected in the risk assessment tool except as provided in	13656
division (A) of this section.	13657

(C) As used in this section, "public record" has the same	13658
meaning as in section 149.43 of the Revised Code.	13659

Sec. 5120.16. (A) Persons sentenced to any institution,	13660
division, or place under the control of the department of	13661
rehabilitation and correction are committed to the control, care,	13662
and custody of the department. Subject to division (B) of this	13663
section, the director of rehabilitation and correction or the	13664
director's designee may direct that persons sentenced to the	13665
department, or to any institution or place within the department,	13666
shall be conveyed initially to an appropriate facility established	13667
and maintained by the department for reception, examination,	13668
observation, and classification of the persons so sentenced. If a	13669
presentence investigation report was not prepared pursuant to	13670
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	13671
32.2 regarding any person sentenced to the department or to any	13672
institution or place within the department, the director or the	13673
director's designee may order the department's field staff to	13674
conduct an offender background investigation and prepare an	13675
offender background investigation report regarding the person. The	13676
investigation and report shall be conducted in accordance with	13677
division (A) of section 2951.03 of the Revised Code and the report	13678
shall contain the same information as a presentence investigation	13679
report prepared pursuant to that section.	13680

When the examination, observation, and classification of the	13681
person have been completed by the facility and a written report of	13682
the examination, observation, and classification is filed with the	13683
commitment papers, the director or the director's designee,	13684
subject to division (B) of this section, shall assign the person	13685
to a suitable state institution or place maintained by the state	13686
within the director's department or shall designate that the	13687
person is to be housed in a county, multicounty, municipal,	13688
municipal-county, or multicounty-municipal jail or workhouse, if	13689
authorized by section 5120.161 of the Revised Code, there to be	13690
confined, cared for, treated, trained, and rehabilitated until	13691
paroled, released in accordance with section 2929.20, 2967.26, or	13692
2967.28, or 5120.036 of the Revised Code, or otherwise released	13693
under the order of the court that imposed the person's sentence.	13694
No person committed by a probate court, a trial court pursuant to	13695
section 2945.40, 2945.401, or 2945.402 of the Revised Code	13696
subsequent to a finding of not guilty by reason of insanity, or a	13697
juvenile court shall be assigned to a state correctional	13698
institution.	13699

If a person is sentenced, committed, or assigned for the	13700
commission of a felony to any one of the institutions or places	13701
maintained by the department or to a county, multicounty,	13702
municipal, municipal-county, or multicounty-municipal jail or	13703
workhouse, the department, by order duly recorded and subject to	13704
division (B) of this section, may transfer the person to any other	13705
institution, or, if authorized by section 5120.161 of the Revised	13706
Code, to a county, multicounty, municipal, municipal-county, or	13707
multicounty-municipal jail or workhouse.	13708

(B) If the case of a child who is alleged to be a delinquent	13709
child is transferred for criminal prosecution to the appropriate	13710
court having jurisdiction of the offense pursuant to section	13711
2152.12 of the Revised Code, if the child is convicted of or	13712
pleads guilty to a felony in that case, if the child is sentenced	13713
to a prison term, as defined in section 2901.01 of the Revised	13714
Code, and if the child is under eighteen years of age when	13715
delivered to the custody of the department of rehabilitation and	13716
correction, all of the following apply regarding the housing of	13717
the child:	13718

(1) Until the child attains eighteen years of age, subject to	13719
divisions (B)(2), (3), and (4) of this section, the department	13720
shall house the child in a housing unit in a state correctional	13721
institution separate from inmates who are eighteen years of age or	13722
older.	13723

(2) The department is not required to house the child in the	13724
manner described in division (B)(1) of this section if the child	13725
does not observe the rules and regulations of the institution or	13726
the child otherwise creates a security risk by being housed	13727
separately.	13728

(3) If the department receives too few inmates who are under	13729
eighteen years of age to fill a housing unit in a state	13730
correctional institution separate from inmates who are eighteen	13731
years of age or older, as described in division (B)(1) of this	13732
section, the department may house the child in a housing unit in a	13733
state correctional institution that includes both inmates who are	13734
under eighteen years of age and inmates who are eighteen years of	13735
age or older and under twenty-one years of age.	13736

(4) Upon the child's attainment of eighteen years of age, the	13737
department may house the child with the adult population of the	13738
state correctional institution.	13739

(C) The director or the director's designee shall develop a	13740
policy for dealing with problems related to infection with the	13741
human immunodeficiency virus. The policy shall include methods of	13742
identifying individuals committed to the custody of the department	13743
who are at high risk of infection with the virus and counseling	13744
those individuals.	13745

Arrangements for housing individuals diagnosed as having AIDS	13746
or an AIDS-related condition shall be made by the department based	13747
on security and medical considerations and in accordance with	13748
division (B) of this section, if applicable.	13749

Sec. 5120.331. (A) Not later than the first day of April of	13750
each year, the department of rehabilitation and correction shall	13751
prepare an annual report covering the preceding calendar year that	13752
does all of the following:	13753

(1) Indicates the total number of persons sentenced to any	13754
institution, division, or place under its control and management	13755
who are delivered within that calendar year to its custody and	13756
control;	13757

(2) Indicates the total number of persons who, during that	13758
calendar year, were released from a prison term on any of the	13759
following bases:	13760

(a) On judicial release under section 2929.20 of the Revised	13761
Code;	13762

(b) On transitional control under section 2967.26 of the	13763
Revised Code;	13764

(c) As a result of successfully completing a risk reduction	13765
sentence under section 5120.036 of the Revised Code;	13766

(d) On parole;

13767

~~(d)~~(e) Due to the expiration of the stated prison term	13768
imposed;	13769

~~(e)~~(f) On any basis not described in divisions (A)(2)(a) to	13770
~~(d)~~(e) of this section.	13771

(3) Lists each offense, by Revised Code section number and,	13772
if applicable, by designated name, for which at least one person	13773
who was released from a prison term in that calendar year was	13774
serving a prison term at the time of release;	13775

(4) For each offense included in the list described in	13776
division (A)(3) of this section, indicates all of the following:	13777

(a) The total number of persons released from a prison term	13778
in that calendar year who were serving a prison term for that	13779
offense at the time of release;	13780

(b) The shortest, longest, and average prison term that had	13781
been imposed for that offense upon the persons described in	13782
division (A)(4)(a) of this section and that they were serving at	13783
the time of release;	13784

(c) The shortest, longest, and average period of imprisonment	13785
actually served by the persons described in division (A)(4)(a) of	13786
this section under a prison term that had been imposed for that	13787
offense upon them and that they were serving at the time of	13788
release;	13789

(d) The total number of persons released from a prison term	13790
in that calendar year under each of the bases for release set	13791
forth in division (A)(2) of this section who were serving a prison	13792
term for that offense at the time of release;	13793

(e) The shortest, longest, and average prison term that had	13794
been imposed for that offense upon the persons in each category	13795
described in division (A)(4)(d) of this section and that they were	13796
serving at the time of release;	13797

(f) The shortest, longest, and average period of imprisonment	13798
actually served by the persons in each category described in	13799
division (A)(4)(d) of this section under a prison term that had	13800
been imposed for that offense upon them and that they were serving	13801
at the time of release.	13802

(B) No report prepared under division (A) of this section	13803
shall identify or enable the identification of any person released	13804
from a prison term in the preceding calendar year.	13805

(C) Each annual report prepared under division (A) of this	13806
section shall be distributed to each member of the general	13807
assembly.	13808

(D) As used in this section, "prison term" and "stated prison	13809
term" have the same meanings as in section 2929.01 of the Revised	13810
Code.	13811

Sec. 5120.48. (A) If a prisoner escapes from a state	13812
correctional institution, the managing officer of the institution,	13813
after consultation with and upon the advice of appropriate law	13814
enforcement officials, shall assign and deploy into the community	13815
appropriate staff persons necessary to apprehend the prisoner.	13816
Correctional officers and officials may carry firearms when	13817
required in the discharge of their duties in apprehending, taking	13818
into custody, or transporting to a place of confinement a prisoner	13819
who has escaped from a state correctional institution.	13820

(B) If a prisoner is released from a state correctional	13821
institution prior to the lawful end of the person's prison term or	13822
term of imprisonment, whether by error, inadvertence, fraud, or	13823
any other cause except a lawful parole or judicial release granted	13824
pursuant to section 2929.20 of the Revised Code or the successful	13825
completion of a risk reduction sentence under section 5120.036 of	13826
the Revised Code, the managing officer of the institution, after	13827
consulting with the bureau of sentence computation, shall notify	13828
the chief of the adult parole authority, the office of victim	13829
services of the division of parole and community services, and the	13830
sentencing court of the mistaken release. Upon the direction of	13831
the chief, or the chief's designee, field officers of the	13832
authority may arrest the prisoner without a warrant and return the	13833
prisoner to the state correctional institution to complete the	13834
balance of the prisoner's sentence. The chief of the adult parole	13835
authority, or the chief's designee, may require the assistance of	13836
any peace officer or law enforcement officer in the apprehension	13837
of a prisoner of that nature.	13838

Sec. 5120.59. Before a prisoner is released from a state	13839
correctional institution, the department of rehabilitation and	13840
correction shall attempt to verify the prisoner's identification	13841
and social security number. If the department is not able to	13842
verify the prisoner's identification and social security number,	13843
if the prisoner has no other documentary evidence required by the	13844
registrar of motor vehicles for the issuance of an identification	13845
card under section 4507.50 of the Revised Code, and if the	13846
department determines that the prisoner is legally living in the	13847
United States, the department shall issue to the prisoner upon the	13848
prisoner's release an identification card that the prisoner may	13849
present to the registrar or a deputy registrar of motor vehicles	13850
~~to obtain an identification card under section 4507.50 of the~~	13851
~~Revised Code. The director of rehabilitation and correction may~~	13852
~~adopt rules for the implementation of this section~~.	13853

Sec. 5120.60. (A) There is hereby created in the division of	13854
parole and community services the office of ~~victims'~~victim	13855
services.	13856

(B) The office shall provide assistance to victims of crime,	13857
victims' representatives designated under section 2930.02 of the	13858
Revised Code, and members of the victim's family. The assistance	13859
shall include, but not be limited to, providing information about	13860
the policies and procedures of the department of rehabilitation	13861
and correction and the status of offenders under the department's	13862
jurisdiction.	13863

(C) The office shall also make available publications that	13864
will assist victims in contacting staff of the department about	13865
problems with offenders under the supervision of the adult parole	13866
authority or confined in state correctional institutions under the	13867
department's jurisdiction.	13868

(D) The office shall employ a ~~victims~~victim coordinator who	13869
shall administer the office's functions. The ~~victims~~victim	13870
coordinator shall be in the unclassified civil service and report	13871
directly to the chief of the division.	13872

(E) The office shall also employ at least three persons in	13873
the unclassified civil service whose primary duties shall be to	13874
help parole board hearing officers identify victims' issues and to	13875
make recommendations to the parole board in accordance with rules	13876
adopted by the department. The member of the parole board	13877
appointed pursuant to division (B) of section 5149.10 of the	13878
Revised Code shall approve the hiring of the employees of the	13879
office.	13880

(F) The office shall coordinate its activities with the	13881
member of the parole board appointed pursuant to division (B) of	13882
section 5149.10 of the Revised Code. The ~~victims~~victim	13883
coordinator and other employees of the office shall have full	13884
access to records of prisoners under the department's	13885
jurisdiction.	13886

(G) Information provided to the office of victim services by	13887
victims of crime or a victim representative designated under	13888
section 2930.02 of the Revised Code for the purpose of program	13889
participation, of receiving services, or to communicate acts of an	13890
inmate or person under the supervision of the adult parole	13891
authority that threaten the safety and security of the victim	13892
shall be confidential and is not a public record under section	13893
149.43 of the Revised Code.	13894

(H)(1) If a person who was convicted of or pleaded guilty to	13895
an offense of violence that is a felony escapes from a	13896
correctional institution under the control of the department of	13897
rehabilitation and correction or otherwise escapes from the	13898
custody of the department, the office of victim services shall	13899
notify each victim of the offense or offenses committed by that	13900
person of that person's escape and, if applicable, of that	13901
person's subsequent apprehension. The office shall give this	13902
notice as soon as practicable after the escape and the office	13903
identifies and locates the victim. The office shall give this	13904
notice to each victim of the escaped person, regardless of whether	13905
the victim is registered for notification with the office, unless	13906
the victim has specifically notified the office that the victim	13907
does not wish to be notified regarding the person.	13908

The office may give the notice required by this division by	13909
telephone, in person, or by e-mail or other electronic means. If	13910
the office cannot locate a victim to whom notice is to be provided	13911
under this division, the office shall send the notice in writing	13912
to the last known address of that victim.	13913

(2) If a person escapes as described in division (H)(1) of	13914
this section, the office of victim services may request assistance	13915
from the prosecuting attorney of the county in which the person	13916
was convicted of or pleaded guilty to the offense in identifying	13917
and locating the victim of the offense.	13918

(I) Any reference in any Revised Code section other than this	13919
section to the "office of victims' services" of the division of	13920
parole and community services or of the department of	13921
rehabilitation and correction shall be construed as being a	13922
reference to, and meaning, the office of victim services created	13923
by division (A) of this section.	13924

(J) As used in this section, "crime," "member of the victim's	13925
family," and "victim" have the meanings given in section 2930.01	13926
of the Revised Code.	13927

Sec. 5120.66. (A) Within ninety days after November 23,	13928
2005, but not before January 1, 2006, the department of	13929
rehabilitation and correction shall establish and operate on the	13930
internet a database that contains all of the following:	13931

(1) For each inmate in the custody of the department under a	13932
sentence imposed for a conviction of or plea of guilty to any	13933
offense, all of the following information:	13934

(a) The inmate's name;

13935

(b) For each offense for which the inmate was sentenced to a	13936
prison term or term of imprisonment and is in the department's	13937
custody, the name of the offense, the Revised Code section of	13938
which the offense is a violation, the gender of each victim of the	13939
offense if those facts are known, whether each victim of the	13940
offense was an adult or child if those facts are known, the range	13941
of the possible prison terms or term of imprisonment that could	13942
have been imposed for the offense, the actual prison term or term	13943
of imprisonment imposed for the offense, the county in which the	13944
offense was committed, the date on which the inmate began serving	13945
the prison term or term of imprisonment imposed for the offense,	13946
and either the date on which the inmate will be eligible for	13947
parole relative to the offense if the prison term or term of	13948
imprisonment is an indefinite term or life term or the date on	13949
which the term ends if the prison term is a definite term;	13950

(c) All of the following information that is applicable	13951
regarding the inmate:	13952

(i) If known to the department prior to the conduct of any	13953
hearing for judicial release of the defendant pursuant to section	13954
2929.20 of the Revised Code in relation to any prison term or term	13955
of imprisonment the inmate is serving for any offense or any	13956
hearing for release of the defendant pursuant to section 2967.19	13957
of the Revised Code in relation to any such term, notice of the	13958
fact that the inmate will be having a hearing regarding a possible	13959
grant of judicial release or release, the date of the hearing, and	13960
the right of any person pursuant to division (J) of ~~that~~ section	13961
2929.20 or division (H) of section 2967.19 of the Revised Code,	13962
whichever is applicable, to submit to the court a written	13963
statement regarding the possible judicial release;or release. The	13964
department also shall post notice of the filing of any petition	13965
for release of the inmate pursuant to section 2967.19 of the	13966
Revised Code, as required by division (E) of that section.	13967

(ii) If the inmate is serving a prison term pursuant to	13968
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	13969
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13970
Code, prior to the conduct of any hearing pursuant to section	13971
2971.05 of the Revised Code to determine whether to modify the	13972
requirement that the inmate serve the entire prison term in a	13973
state correctional facility in accordance with division (C) of	13974
that section, whether to continue, revise, or revoke any existing	13975
modification of that requirement, or whether to terminate the	13976
prison term in accordance with division (D) of that section,	13977
notice of the fact that the inmate will be having a hearing	13978
regarding those determinations and of the date of the hearing;	13979

(iii) At least three weeks before the adult parole authority	13980
recommends a pardon or commutation of sentence for the inmate or	13981
at least three weeks prior to a hearing before the adult parole	13982
authority regarding a grant of parole to the inmate in relation to	13983
any prison term or term of imprisonment the inmate is serving for	13984
any offense, notice of the fact that the inmate might be under	13985
consideration for a pardon or commutation of sentence or will be	13986
having a hearing regarding a possible grant of parole, of the date	13987
of any hearing regarding a possible grant of parole, and of the	13988
right of any person to submit a written statement regarding the	13989
pending action;	13990

(iv) At least three weeks before the inmate is transferred to	13991
transitional control under section 2967.26 of the Revised Code in	13992
relation to any prison term or term of imprisonment the inmate is	13993
serving for any offense, notice of the pendency of the transfer,	13994
of the date of the possible transfer, and of the right of any	13995
person to submit a statement regarding the possible transfer;	13996

(v) Prompt notice of the inmate's escape from any facility in	13997
which the inmate was incarcerated and of the capture of the inmate	13998
after an escape;	13999

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

14000

(vii) Prior to the release of the inmate from confinement,	14001
notice of the fact that the inmate will be released, of the date	14002
of the release, and, if applicable, of the standard terms and	14003
conditions of the release;	14004

(viii) Notice of the inmate's judicial release pursuant to	14005
section 2929.20 of the Revised Code or release pursuant to section	14006
2967.19 of the Revised Code.	14007

(2) Information as to where a person can send written	14008
statements of the types referred to in divisions (A)(1)(c)(i),	14009
(iii), and (iv) of this section.	14010

(B)(1) The department shall update the database required	14011
under division (A) of this section every twenty-four hours to	14012
ensure that the information it contains is accurate and current.	14013

(2) The database required under division (A) of this section	14014
is a public record open for inspection under section 149.43 of the	14015
Revised Code. The department shall make the database searchable by	14016
inmate name and by the county and zip code where the offender	14017
intends to reside after release from a state correctional	14018
institution if this information is known to the department.	14019

(3) The database required under division (A) of this section	14020
may contain information regarding inmates who are listed in the	14021
database in addition to the information described in that	14022
division.	14023

(4) No information included on the database required under	14024
division (A) of this section shall identify or enable the	14025
identification of any victim of any offense committed by an	14026
inmate.	14027

(C) The failure of the department to comply with the	14028
requirements of division (A) or (B) of this section does not give	14029
any rights or any grounds for appeal or post-conviction relief to	14030
any inmate.	14031

(D) This section, and the related provisions of sections	14032
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	14033
in the act in which this section was enacted, shall be known as	14034
"Laura's Law."	14035

Sec. 5139.01. (A) As used in this chapter:

14036

(1) "Commitment" means the transfer of the physical custody	14037
of a child or youth from the court to the department of youth	14038
services.	14039

(2) "Permanent commitment" means a commitment that vests	14040
legal custody of a child in the department of youth services.	14041

(3) "Legal custody," insofar as it pertains to the status	14042
that is created when a child is permanently committed to the	14043
department of youth services, means a legal status in which the	14044
department has the following rights and responsibilities: the	14045
right to have physical possession of the child; the right and duty	14046
to train, protect, and control the child; the responsibility to	14047
provide the child with food, clothing, shelter, education, and	14048
medical care; and the right to determine where and with whom the	14049
child shall live, subject to the minimum periods of, or periods	14050
of, institutional care prescribed in sections 2152.13 to 2152.18	14051
of the Revised Code; provided, that these rights and	14052
responsibilities are exercised subject to the powers, rights,	14053
duties, and responsibilities of the guardian of the person of the	14054
child, and subject to any residual parental rights and	14055
responsibilities.	14056

(4) Unless the context requires a different meaning,	14057
"institution" means a state facility that is created by the	14058
general assembly and that is under the management and control of	14059
the department of youth services or a private entity with which	14060
the department has contracted for the institutional care and	14061
custody of felony delinquents.	14062

(5) "Full-time care" means care for twenty-four hours a day	14063
for over a period of at least two consecutive weeks.	14064

(6) "Placement" means the conditional release of a child	14065
under the terms and conditions that are specified by the	14066
department of youth services. The department shall retain legal	14067
custody of a child released pursuant to division (C) of section	14068
2152.22 of the Revised Code or division (C) of section 5139.06 of	14069
the Revised Code until the time that it discharges the child or	14070
until the legal custody is terminated as otherwise provided by	14071
law.	14072

(7) "Home placement" means the placement of a child in the	14073
home of the child's parent or parents or in the home of the	14074
guardian of the child's person.	14075

(8) "Discharge" means that the department of youth services'	14076
legal custody of a child is terminated.	14077

(9) "Release" means the termination of a child's stay in an	14078
institution and the subsequent period during which the child	14079
returns to the community under the terms and conditions of	14080
supervised release.	14081

(10) "Delinquent child" has the same meaning as in section	14082
2152.02 of the Revised Code.	14083

(11) "Felony delinquent" means any child who is at least ten	14084
years of age but less than eighteen years of age and who is	14085
adjudicated a delinquent child for having committed an act that if	14086
committed by an adult would be a felony. "Felony delinquent"	14087
includes any adult who is between the ages of eighteen and	14088
twenty-one and who is in the legal custody of the department of	14089
youth services for having committed an act that if committed by an	14090
adult would be a felony.	14091

(12) "Juvenile traffic offender" has the same meaning as in	14092
section 2152.02 of the Revised Code.	14093

(13) "Public safety beds" means all of the following:

14094

(a) Felony delinquents who have been committed to the	14095
department of youth services for the commission of an act, other	14096
than a violation of section 2911.01 or 2911.11 of the Revised	14097
Code, that is a category one offense or a category two offense and	14098
who are in the care and custody of an institution or have been	14099
diverted from care and custody in an institution and placed in a	14100
community corrections facility;	14101

(b) Felony delinquents who, while committed to the department	14102
of youth services and in the care and custody of an institution or	14103
a community corrections facility, are adjudicated delinquent	14104
children for having committed in that institution or community	14105
corrections facility an act that if committed by an adult would be	14106
a misdemeanor or a felony;	14107

14108

(i) They are at least ten years of age but less than eighteen	14109
years of age.	14110

(ii) They are adjudicated delinquent children for having	14111
committed acts that if committed by an adult would be a felony.	14112

(iii) They are committed to the department of youth services	14113
by the juvenile court of a county that has had one-tenth of one	14114
per cent or less of the statewide adjudications for felony	14115
delinquents as averaged for the past four fiscal years.	14116

(iv) They are in the care and custody of an institution or a	14117
community corrections facility.	14118

(d) Felony delinquents who, while committed to the department	14119
of youth services and in the care and custody of an institution	14120
are serving disciplinary time for having committed an act	14121
described in division (A)(18)(a), (b), or (c) of this section, and	14122
who have been institutionalized or institutionalized in a secure	14123
facility for the minimum period of time specified in divisions	14124
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.	14125

(e) Felony delinquents who are subject to and serving a	14126
three-year period of commitment order imposed by a juvenile court	14127
pursuant to divisions (A) and (B) of section 2152.17 of the	14128
Revised Code for an act, other than a violation of section 2911.11	14129
of the Revised Code, that would be a category one offense or	14130
category two offense if committed by an adult.	14131

(f) Felony delinquents who are described in divisions	14132
(A)(13)(a) to (e) of this section, who have been granted a	14133
judicial release to court supervision under division (B) of	14134
section 2152.22 of the Revised Code or a judicial release to the	14135
department of youth services supervision under division (C) of	14136
that section from the commitment to the department of youth	14137
services for the act described in divisions (A)(13)(a) to (e) of	14138
this section, who have violated the terms and conditions of that	14139
release, and who, pursuant to an order of the court of the county	14140
in which the particular felony delinquent was placed on release	14141
that is issued pursuant to division (D) of section 2152.22 of the	14142
Revised Code, have been returned to the department for	14143
institutionalization or institutionalization in a secure facility.	14144

(g) Felony delinquents who have been committed to the custody	14145
of the department of youth services, who have been granted	14146
supervised release from the commitment pursuant to section 5139.51	14147
of the Revised Code, who have violated the terms and conditions of	14148
that supervised release, and who, pursuant to an order of the	14149
court of the county in which the particular child was placed on	14150
supervised release issued pursuant to division (F) of section	14151
5139.52 of the Revised Code, have had the supervised release	14152
revoked and have been returned to the department for	14153
institutionalization. A felony delinquent described in this	14154
division shall be a public safety bed only for the time during	14155
which the felony delinquent is institutionalized as a result of	14156
the revocation subsequent to the initial thirty-day period of	14157
institutionalization required by division (F) of section 5139.52	14158
of the Revised Code.	14159

(14) Unless the context requires a different meaning,	14160
"community corrections facility" means a county or multicounty	14161
rehabilitation center for felony delinquents who have been	14162
committed to the department of youth services and diverted from	14163
care and custody in an institution and placed in the	14164
rehabilitation center pursuant to division (E) of section 5139.36	14165
of the Revised Code.	14166

(15) "Secure facility" means any facility that is designed	14167
and operated to ensure that all of its entrances and exits are	14168
under the exclusive control of its staff and to ensure that,	14169
because of that exclusive control, no child who has been	14170
institutionalized in the facility may leave the facility without	14171
permission or supervision.	14172

(16) "Community residential program" means a program that	14173
satisfies both of the following:	14174

(a) It is housed in a building or other structure that has no	14175
associated major restraining construction, including, but not	14176
limited to, a security fence.	14177

(b) It provides twenty-four-hour care, supervision, and	14178
programs for felony delinquents who are in residence.	14179

(17) "Category one offense" ~~and "category two offense" have~~	14180
~~the same meanings as in section 2151.26 of the Revised Code~~means	14181
any of the following:	14182

(a) A violation of section 2903.01 or 2903.02 of the Revised	14183
Code;	14184

(b) A violation of section 2923.02 of the Revised Code	14185
involving an attempt to commit aggravated murder or murder.	14186

(18) "Disciplinary time" means additional time that the	14187
department of youth services requires a felony delinquent to serve	14188
in an institution, that delays the felony delinquent's planned	14189
release, and that the department imposes upon the felony	14190
delinquent following the conduct of an internal due process	14191
hearing for having committed any of the following acts while	14192
committed to the department and in the care and custody of an	14193
institution:	14194

(a) An act that if committed by an adult would be a felony;

14195

(b) An act that if committed by an adult would be a	14196
misdemeanor;	14197

(c) An act that is not described in division (A)(18)(a) or	14198
(b) of this section and that violates an institutional rule of	14199
conduct of the department.	14200

(19) "Unruly child" has the same meaning as in section	14201
2151.022 of the Revised Code.	14202

(20) "Revocation" means the act of revoking a child's	14203
supervised release for a violation of a term or condition of the	14204
child's supervised release in accordance with section 5139.52 of	14205
the Revised Code.	14206

(21) "Release authority" means the release authority of the	14207
department of youth services that is established by section	14208
5139.50 of the Revised Code.	14209

(22) "Supervised release" means the event of the release of a	14210
child under this chapter from an institution and the period after	14211
that release during which the child is supervised and assisted by	14212
an employee of the department of youth services under specific	14213
terms and conditions for reintegration of the child into the	14214
community.	14215

(23) "Victim" means the person identified in a police report,	14216
complaint, or information as the victim of an act that would have	14217
been a criminal offense if committed by an adult and that provided	14218
the basis for adjudication proceedings resulting in a child's	14219
commitment to the legal custody of the department of youth	14220
services.	14221

(24) "Victim's representative" means a member of the victim's	14222
family or another person whom the victim or another authorized	14223
person designates in writing, pursuant to section 5139.56 of the	14224
Revised Code, to represent the victim with respect to proceedings	14225
of the release authority of the department of youth services and	14226
with respect to other matters specified in that section.	14227

(25) "Member of the victim's family" means a spouse, child,	14228
stepchild, sibling, parent, stepparent, grandparent, other	14229
relative, or legal guardian of a child but does not include a	14230
person charged with, convicted of, or adjudicated a delinquent	14231
child for committing a criminal or delinquent act against the	14232
victim or another criminal or delinquent act arising out of the	14233
same conduct, criminal or delinquent episode, or plan as the	14234
criminal or delinquent act committed against the victim.	14235

(26) "Judicial release to court supervision" means a release	14236
of a child from institutional care or institutional care in a	14237
secure facility that is granted by a court pursuant to division	14238
(B) of section 2152.22 of the Revised Code during the period	14239
specified in that division.	14240

(27) "Judicial release to department of youth services	14241
supervision" means a release of a child from institutional care or	14242
institutional care in a secure facility that is granted by a court	14243
pursuant to division (C) of section 2152.22 of the Revised Code	14244
during the period specified in that division.	14245

(28) "Juvenile justice system" includes all of the functions	14246
of the juvenile courts, the department of youth services, any	14247
public or private agency whose purposes include the prevention of	14248
delinquency or the diversion, adjudication, detention, or	14249
rehabilitation of delinquent children, and any of the functions of	14250
the criminal justice system that are applicable to children.	14251

(29) "Metropolitan county criminal justice services agency"	14252
means an agency that is established pursuant to division (A) of	14253
section 5502.64 of the Revised Code.	14254

(30) "Administrative planning district" means a district that	14255
is established pursuant to division (A) or (B) of section 5502.66	14256
of the Revised Code.	14257

(31) "Criminal justice coordinating council" means a criminal	14258
justice services agency that is established pursuant to division	14259
(D) of section 5502.66 of the Revised Code.	14260

(32) "Comprehensive plan" means a document that coordinates,	14261
evaluates, and otherwise assists, on an annual or multi-year	14262
basis, all of the functions of the juvenile justice systems of the	14263
state or a specified area of the state, that conforms to the	14264
priorities of the state with respect to juvenile justice systems,	14265
and that conforms with the requirements of all federal criminal	14266
justice acts. These functions include, but are not limited to, all	14267
of the following:	14268

(a) Delinquency;

14269

(b) Identification, detection, apprehension, and detention of	14270
persons charged with delinquent acts;	14271

(c) Assistance to crime victims or witnesses, except that the	14272
comprehensive plan does not include the functions of the attorney	14273
general pursuant to sections 109.91 and 109.92 of the Revised	14274
Code;	14275

(d) Adjudication or diversion of persons charged with	14276
delinquent acts;	14277

(e) Custodial treatment of delinquent children;

14278

(f) Institutional and noninstitutional rehabilitation of	14279
delinquent children.	14280

(33) "Category two offense" means any of the following:

14281

(a) A violation of section 2903.03, 2905.01, 2907.02,	14282
2909.02, 2911.01, or 2911.11 of the Revised Code;	14283

(b) A violation of section 2903.04 of the Revised Code that	14284
is a felony of the first degree;	14285

(c) A violation of section 2907.12 of the Revised Code as it	14286
existed prior to September 3, 1996.	14287

(B) There is hereby created the department of youth services.	14288
The governor shall appoint the director of the department with the	14289
advice and consent of the senate. The director shall hold office	14290
during the term of the appointing governor but subject to removal	14291
at the pleasure of the governor. Except as otherwise authorized in	14292
section 108.05 of the Revised Code, the director shall devote the	14293
director's entire time to the duties of the director's office and	14294
shall hold no other office or position of trust or profit during	14295
the director's term of office.	14296

The director is the chief executive and administrative	14297
officer of the department and has all the powers of a department	14298
head set forth in Chapter 121. of the Revised Code. The director	14299
may adopt rules for the government of the department, the conduct	14300
of its officers and employees, the performance of its business,	14301
and the custody, use, and preservation of the department's	14302
records, papers, books, documents, and property. The director	14303
shall be an appointing authority within the meaning of Chapter	14304
124. of the Revised Code. Whenever this or any other chapter or	14305
section of the Revised Code imposes a duty on or requires an	14306
action of the department, the duty or action shall be performed by	14307
the director or, upon the director's order, in the name of the	14308
department.	14309

Sec. 5139.05. (A) The juvenile court may commit any child to	14310
the department of youth services as authorized in Chapter 2152. of	14311
the Revised Code, provided that any child so committed shall be at	14312
least ten years of age at the time of the child's delinquent act,	14313
and, if the child is ten or eleven years of age, the delinquent	14314
act is a violation of section 2909.03 of the Revised Code or would	14315
be aggravated murder, murder, or a first or second degree felony	14316
offense of violence if committed by an adult. Any order to commit	14317
a child to an institution under the control and management of the	14318
department shall have the effect of ordering that the child be	14319
committed to the department and assigned to an institution as	14320
follows:	14321

(1) For an indefinite term consisting of the prescribed	14322
minimum period specified by the court under division (A)(1)(b),	14323
(c), (d), or (e) of section 2152.16 of the Revised Code and a	14324
maximum period not to exceed the child's attainment of twenty-one	14325
years of age, if the child was committed pursuant to section	14326
2152.16 of the Revised Code;	14327

(2) Until the child's attainment of twenty-one years of age,	14328
if the child was committed for aggravated murder or murder	14329
pursuant to section 2152.16 of the Revised Code;	14330

(3) For a definite period of commitment ~~that~~specified by the	14331
court under section 2152.17 of the Revised Code if the child was	14332
committed pursuant to that section, which definite period shall be	14333
in addition to, and shall be served consecutively with and prior	14334
to, athe period of commitment described in division (A)(1) or (2)	14335
of this section~~, if the child was committed pursuant to section~~	14336
~~2152.17 of the Revised Code;~~that is imposed for the child's	14337
underlying delinquent act. The child shall be eligible for	14338
judicial release during the commitments in accordance with section	14339
2152.22 of the Revised Code.	14340

(4) If the child is ten or eleven years of age, to an	14341
institution, a residential care facility, a residential facility,	14342
or a facility licensed by the department of job and family	14343
services that the department of youth services considers best	14344
designated for the training and rehabilitation of the child and	14345
protection of the public. The child shall be housed separately	14346
from children who are twelve years of age or older until the child	14347
is released or discharged or until the child attains twelve years	14348
of age, whichever occurs first. Upon the child's attainment of	14349
twelve years of age, if the child has not been released or	14350
discharged, the department is not required to house the child	14351
separately.	14352

(B)(1) Except as otherwise provided in section 5139.54 of the	14353
Revised Code, the release authority of the department of youth	14354
services, in accordance with section 5139.51 of the Revised Code	14355
and at any time after the end of the prescribed minimum period	14356
~~specified~~of institutionalization or institutionalization in a	14357
secure facility imposed under division (A)(1)(b), (c), (d), or (e)	14358
of section 2152.16 of the Revised Code and after the expiration of	14359
any term of commitment imposed under division (A), (B), (C), or	14360
(D) of section 2152.17 of the Revised Code, may grant the release	14361
from custody of any child committed to the department.	14362

The order committing a child to the department of youth	14363
services shall state that the child has been adjudicated a	14364
delinquent child and state the minimum period. The jurisdiction of	14365
the court terminates at the end of the minimum period except as	14366
follows:	14367

(a) In relation to judicial release procedures, supervision,	14368
and violations;	14369

(b) With respect to functions of the court related to the	14370
revocation of supervised release that are specified in sections	14371
5139.51 and 5139.52 of the Revised Code;	14372

(c) In relation to its duties relating to serious youthful	14373
offender dispositional sentences under sections 2152.13 and	14374
2152.14 of the Revised Code.	14375

(2) When a child has been committed to the department under	14376
section 2152.16 of the Revised Code, the department shall retain	14377
legal custody of the child until one of the following:	14378

(a) The department discharges the child to the exclusive	14379
management, control, and custody of the child's parent or the	14380
guardian of the child's person or, if the child is eighteen years	14381
of age or older, discharges the child.	14382

(b) The committing court, upon its own motion, upon petition	14383
of the parent, guardian of the person, or next friend of a child,	14384
or upon petition of the department, terminates the department's	14385
legal custody of the child.	14386

(c) The committing court grants the child a judicial release	14387
to court supervision under section 2152.22 of the Revised Code.	14388

(d) The department's legal custody of the child is terminated	14389
automatically by the child attaining twenty-one years of age.	14390

(e) If the child is subject to a serious youthful offender	14391
dispositional sentence, the adult portion of that dispositional	14392
sentence is imposed under section 2152.14 of the Revised Code.	14393

(C) When a child is committed to the department of youth	14394
services, the department may assign the child to a hospital for	14395
mental, physical, and other examination, inquiry, or treatment for	14396
the period of time that is necessary. The department may remove	14397
any child in its custody to a hospital for observation, and a	14398
complete report of every observation at the hospital shall be made	14399
in writing and shall include a record of observation, treatment,	14400
and medical history and a recommendation for future treatment,	14401
custody, and maintenance. The department shall thereupon order the	14402
placement and treatment that it determines to be most conducive to	14403
the purposes of Chapters 2151. and 5139. of the Revised Code. The	14404
committing court and all public authorities shall make available	14405
to the department all pertinent data in their possession with	14406
respect to the case.	14407

(D) Records maintained by the department of youth services	14408
pertaining to the children in its custody shall be accessible only	14409
to department employees, except by consent of the department, upon	14410
the order of the judge of a court of record, or as provided in	14411
divisions (D)(1) and (2) of this section. These records shall not	14412
be considered "public records," as defined in section 149.43 of	14413
the Revised Code.	14414

(1) Except as otherwise provided by a law of this state or	14415
the United States, the department of youth services may release	14416
records that are maintained by the department of youth services	14417
and that pertain to children in its custody to the department of	14418
rehabilitation and correction regarding persons who are under the	14419
jurisdiction of the department of rehabilitation and correction	14420
and who have previously been committed to the department of youth	14421
services. The department of rehabilitation and correction may use	14422
those records for the limited purpose of carrying out the duties	14423
of the department of rehabilitation and correction. Records	14424
released by the department of youth services to the department of	14425
rehabilitation and correction shall remain confidential and shall	14426
not be considered public records as defined in section 149.43 of	14427
the Revised Code.	14428

(2) The department of youth services shall provide to the	14429
superintendent of the school district in which a child discharged	14430
or released from the custody of the department is entitled to	14431
attend school under section 3313.64 or 3313.65 of the Revised Code	14432
the records described in divisions (D)(4)(a) to (d) of section	14433
2152.18 of the Revised Code. Subject to the provisions of section	14434
3319.321 of the Revised Code and the Family Educational Rights and	14435
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	14436
the superintendent shall remain confidential and shall not be	14437
considered public records as defined in section 149.43 of the	14438
Revised Code.	14439

(E)(1) When a child is committed to the department of youth	14440
services, the department, orally or in writing, shall notify the	14441
parent, guardian, or custodian of a child that the parent,	14442
guardian, or custodian may request at any time from the	14443
superintendent of the institution in which the child is located	14444
any of the information described in divisions (E)(1)(a), (b), (c),	14445
and (d) of this section. The parent, guardian, or custodian may	14446
provide the department with the name, address, and telephone	14447
number of the parent, guardian, or custodian, and, until the	14448
department is notified of a change of name, address, or telephone	14449
number, the department shall use the name, address, and telephone	14450
number provided by the parent, guardian, or custodian to provide	14451
notices or answer inquiries concerning the following information:	14452

(a) When the department of youth services makes a permanent	14453
assignment of the child to a facility, the department, orally or	14454
in writing and on or before the third business day after the day	14455
the permanent assignment is made, shall notify the parent,	14456
guardian, or custodian of the child of the name of the facility to	14457
which the child has been permanently assigned.	14458

If a parent, guardian, or custodian of a child who is	14459
committed to the department of youth services requests, orally or	14460
in writing, the department to provide the parent, guardian, or	14461
custodian with the name of the facility in which the child is	14462
currently located, the department, orally or in writing and on or	14463
before the next business day after the day on which the request is	14464
made, shall provide the name of that facility to the parent,	14465
guardian, or custodian.	14466

(b) If a parent, guardian, or custodian of a child who is	14467
committed to the department of youth services, orally or in	14468
writing, asks the superintendent of the institution in which the	14469
child is located whether the child is being disciplined by the	14470
personnel of the institution, what disciplinary measure the	14471
personnel of the institution are using for the child, or why the	14472
child is being disciplined, the superintendent or the	14473
superintendent's designee, on or before the next business day	14474
after the day on which the request is made, shall provide the	14475
parent, guardian, or custodian with written or oral responses to	14476
the questions.	14477

(c) If a parent, guardian, or custodian of a child who is	14478
committed to the department of youth services, orally or in	14479
writing, asks the superintendent of the institution in which the	14480
child is held whether the child is receiving any medication from	14481
personnel of the institution, what type of medication the child is	14482
receiving, or what condition of the child the medication is	14483
intended to treat, the superintendent or the superintendent's	14484
designee, on or before the next business day after the day on	14485
which the request is made, shall provide the parent, guardian, or	14486
custodian with oral or written responses to the questions.	14487

(d) When a major incident occurs with respect to a child who	14488
is committed to the department of youth services, the department,	14489
as soon as reasonably possible after the major incident occurs,	14490
shall notify the parent, guardian, or custodian of the child that	14491
a major incident has occurred with respect to the child and of all	14492
the details of that incident that the department has ascertained.	14493

(2) The failure of the department of youth services to	14494
provide any notification required by or answer any requests made	14495
pursuant to division (E) of this section does not create a cause	14496
of action against the state.	14497

(F) The department of youth services, as a means of	14498
punishment while the child is in its custody, shall not prohibit a	14499
child who is committed to the department from seeing that child's	14500
parent, guardian, or custodian during standard visitation periods	14501
allowed by the department of youth services unless the	14502
superintendent of the institution in which the child is held	14503
determines that permitting that child to visit with the child's	14504
parent, guardian, or custodian would create a safety risk to that	14505
child, that child's parents, guardian, or custodian, the personnel	14506
of the institution, or other children held in that institution.	14507

(G) As used in this section:

14508

(1) "Permanent assignment" means the assignment or transfer	14509
for an extended period of time of a child who is committed to the	14510
department of youth services to a facility in which the child will	14511
receive training or participate in activities that are directed	14512
toward the child's successful rehabilitation. "Permanent	14513
assignment" does not include the transfer of a child to a facility	14514
for judicial release hearings pursuant to section 2152.22 of the	14515
Revised Code or for any other temporary assignment or transfer to	14516
a facility.	14517

(2) "Major incident" means the escape or attempted escape of	14518
a child who has been committed to the department of youth services	14519
from the facility to which the child is assigned; the return to	14520
the custody of the department of a child who has escaped or	14521
otherwise fled the custody and control of the department without	14522
authorization; the allegation of any sexual activity with a child	14523
committed to the department; physical injury to a child committed	14524
to the department as a result of alleged abuse by department	14525
staff; an accident resulting in injury to a child committed to the	14526
department that requires medical care or treatment outside the	14527
institution in which the child is located; the discovery of a	14528
controlled substance upon the person or in the property of a child	14529
committed to the department; a suicide attempt by a child	14530
committed to the department; a suicide attempt by a child	14531
committed to the department that results in injury to the child	14532
requiring emergency medical services outside the institution in	14533
which the child is located; the death of a child committed to the	14534
department; an injury to a visitor at an institution under the	14535
control of the department that is caused by a child committed to	14536
the department; and the commission or suspected commission of an	14537
act by a child committed to the department that would be an	14538
offense if committed by an adult.	14539

(3) "Sexual activity" has the same meaning as in section	14540
2907.01 of the Revised Code.	14541

(4) "Controlled substance" has the same meaning as in section	14542
3719.01 of the Revised Code.	14543

(5) "Residential care facility" and "residential facility"	14544
have the same meanings as in section 2151.011 of the Revised Code.	14545

Sec. 5139.06. (A) When a child has been committed to the	14546
department of youth services, the department shall do both of the	14547
following:	14548

(1) Place the child in an appropriate institution under the	14549
condition that it considers best designed for the training and	14550
rehabilitation of the child and the protection of the public,	14551
provided that the institutional placement shall be consistent with	14552
the order committing the child to its custody;	14553

(2) Maintain the child in institutional care or institutional	14554
care in a secure facility for the required period of	14555
institutionalization in a manner consistent with division (A)(1)	14556
of section 2152.16 and divisions (A) to (F) of section 2152.17 of	14557
the Revised Code, whichever are applicable, and with section	14558
5139.38 or division (B) or (C) of section 2152.22 of the Revised	14559
Code.	14560

(B) When a child has been committed to the department of	14561
youth services and has not been institutionalized or	14562
institutionalized in a secure facility for the prescribed minimum	14563
period of time~~, including, but not limited to, a~~imposed under	14564
division (A)(1)(b), (c), (d), or (e) of section 2152.16 of the	14565
Revised Code, the prescribed period of time under division	14566
(A)(1)(a) of section 2152.16 of the Revised Code, or the definite	14567
period or periods of commitment imposed under division (A), (B),	14568
(C), or (D) of section 2152.17 of the Revised Code plus the	14569
prescribed minimum period of time imposed under division	14570
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	14571
Code, whichever is applicable, the department, the child, or the	14572
child's parent may request the court that committed the child to	14573
order a judicial release to court supervision or a judicial	14574
release to department of youth services supervision in accordance	14575
with division (B) or (C) of section 2152.22 of the Revised Code,	14576
and the child may be released from institutionalization or	14577
institutionalization in a secure facility in accordance with the	14578
applicable division. A child in those circumstances shall not be	14579
released from institutionalization or institutionalization in a	14580
secure facility except in accordance with section 2152.22 or	14581
5139.38 of the Revised Code. When a child is released pursuant to	14582
a judicial release to court supervision under division (B) of	14583
section 2152.22 of the Revised Code, the department shall comply	14584
with division (B)(3) of that section and, if the court requests,	14585
shall send the committing court a report on the child's progress	14586
in the institution and recommendations for conditions of	14587
supervision by the court after release. When a child is released	14588
pursuant to a judicial release to department of youth services	14589
supervision under division (C) of section 2152.22 of the Revised	14590
Code, the department shall comply with division (C)(3) of that	14591
section relative to the child and shall send the committing court	14592
and the juvenile court of the county in which the child is placed	14593
a copy of the treatment and rehabilitation plan described in that	14594
division and the conditions that it fixed. The court of the county	14595
in which the child is placed may adopt the conditions as an order	14596
of the court and may add any additional consistent conditions it	14597
considers appropriate, provided that the court may not add any	14598
condition that decreases the level or degree of supervision	14599
specified by the department in its plan, that substantially	14600
increases the financial burden of supervision that will be	14601
experienced by the department, or that alters the placement	14602
specified by the department in its plan. Any violations of the	14603
conditions of the child's judicial release or early release shall	14604
be handled pursuant to division (D) of section 2152.22 of the	14605
Revised Code.	14606

(C) When a child has been committed to the department of	14607
youth services, the department may do any of the following:	14608

(1) Notwithstanding the provisions of this chapter, Chapter	14609
2151., or Chapter 2152. of the Revised Code that prescribe	14610
required periods of institutionalization, transfer the child to	14611
any other state institution, whenever it appears that the child by	14612
reason of mental illness, mental retardation, or other	14613
developmental disability ought to be in another state institution.	14614
Before transferring a child to any other state institution, the	14615
department shall include in the minutes a record of the order of	14616
transfer and the reason for the transfer and, at least seven days	14617
prior to the transfer, shall send a certified copy of the order to	14618
the person shown by its record to have had the care or custody of	14619
the child immediately prior to the child's commitment. Except as	14620
provided in division (C)(2) of this section, no person shall be	14621
transferred from a benevolent institution to a correctional	14622
institution or to a facility or institution operated by the	14623
department of youth services.	14624

(2) Notwithstanding the provisions of this chapter, Chapter	14625
2151., or Chapter 2152. of the Revised Code that prescribe	14626
required periods of institutionalization, transfer the child under	14627
section 5120.162 of the Revised Code to a correctional medical	14628
center established by the department of rehabilitation and	14629
correction, whenever the child has an illness, physical condition,	14630
or other medical problem and it appears that the child would	14631
benefit from diagnosis or treatment at the center for that	14632
illness, condition, or problem. Before transferring a child to a	14633
center, the department of youth services shall include in the	14634
minutes a record of the order of transfer and the reason for the	14635
transfer and, except in emergency situations, at least seven days	14636
prior to the transfer, shall send a certified copy of the order to	14637
the person shown by its records to have had the care or custody of	14638
the child immediately prior to the child's commitment. If the	14639
transfer of the child occurs in an emergency situation, as soon as	14640
possible after the decision is made to make the transfer, the	14641
department of youth services shall send a certified copy of the	14642
order to the person shown by its records to have had the care or	14643
custody of the child immediately prior to the child's commitment.	14644
A transfer under this division shall be in accordance with the	14645
terms of the agreement the department of youth services enters	14646
into with the department of rehabilitation and correction under	14647
section 5120.162 of the Revised Code and shall continue only as	14648
long as the child reasonably appears to receive benefit from	14649
diagnosis or treatment at the center for an illness, physical	14650
condition, or other medical problem.	14651

(3) Revoke or modify any order of the department except an	14652
order of discharge as often as conditions indicate it to be	14653
desirable;	14654

(4) If the child was committed pursuant to division	14655
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code	14656
and has been institutionalized or institutionalized in a secure	14657
facility for the prescribed minimum periods of time under ~~those~~	14658
~~divisions~~the division pursuant to which the commitment was made,	14659
assign the child to a family home, a group care facility, or other	14660
place maintained under public or private auspices, within or	14661
without this state, for necessary treatment and rehabilitation,	14662
the costs of which may be paid by the department, provided that	14663
the department shall notify the committing court, in writing, of	14664
the place and terms of the assignment at least fifteen days prior	14665
to the scheduled date of the assignment;. A child may not be	14666
assigned to a home, facility, or place under this division until	14667
after the expiration of any term of commitment imposed on the	14668
child under division (A), (B), (C), or (D) of section 2152.17 of	14669
the Revised Code.	14670

(5) Release the child from an institution in accordance with	14671
sections 5139.51 to 5139.54 of the Revised Code in the	14672
circumstances described in those sections.	14673

(D) The department of youth services shall notify the	14674
committing court of any order transferring the physical location	14675
of any child committed to it in accordance with section 5139.35 of	14676
the Revised Code. Upon the discharge from its custody and control,	14677
the department may petition the court for an order terminating its	14678
custody and control.	14679

Sec. 5139.20. (A) Notwithstanding any other provision of the	14680
Revised Code that sets forth the minimum periods or period for	14681
which a child committed to the department of youth services is to	14682
be institutionalized or institutionalized in a secure facility or	14683
the procedures for the judicial release to court supervision or	14684
judicial release to department of youth services supervision, the	14685
department may grant emergency releases to children confined in	14686
state juvenile institutions if the governor, upon request of the	14687
director of the department authorizes the director, in writing, to	14688
issue a declaration that an emergency overcrowding condition	14689
exists in all of the institutions in which males are confined, or	14690
in all of the institutions in which females are confined, that are	14691
under the control of the department. If the governor authorizes	14692
the issuance of a declaration, the director may issue the	14693
declaration. If the director issues the declaration, the director	14694
shall file a copy of it with the secretary of state, which copy	14695
shall be a public record. Upon the filing of the copy, the	14696
department is authorized to grant emergency releases to children	14697
within its custody subject to division (B) of this section. The	14698
authority to grant the emergency releases shall continue until the	14699
expiration of thirty days from the day on which the declaration	14700
was filed. The director shall not issue a declaration that an	14701
emergency overcrowding condition exists unless the director	14702
determines that no other method of alleviating the overcrowding	14703
condition is available.	14704

(B)(1) If the department is authorized under division (A) of	14705
this section to grant emergency releases to children within its	14706
custody, the department shall determine which, if any, children to	14707
release under that authority only in accordance with this division	14708
and divisions (C), (D), and (E) of this section. The department,	14709
in determining which, if any, children to release, initially shall	14710
classify each child within its custody according to the degree of	14711
offense that the act for which the child is serving the period of	14712
institutionalization would have been if committed by an adult. The	14713
department then shall scrutinize individual children for emergency	14714
release, based upon their degree of offense, in accordance with	14715
the categories and the order of consideration set forth in	14716
division (B)(2) of this section. After scrutiny of all children	14717
within the particular category under consideration, the department	14718
shall designate individual children within that category to whom	14719
it wishes to grant an emergency release.	14720

(2) The categories of children in the custody of the	14721
department that may be considered for emergency release under this	14722
section, and the order in which the categories shall be	14723
considered, are as follows:	14724

(a) Initially, only children who are not serving a period of	14725
institutionalization for an act that would have been aggravated	14726
murder, murder, or a felony of the first, second, third, or fourth	14727
degree if committed by an adult or for an act that was committed	14728
before July 1, 1996, and that would have been an aggravated felony	14729
of the first, second, or third degree if committed by an adult may	14730
be considered.	14731

(b) When all children in the category described in division	14732
(B)(2)(a) of this section have been scrutinized and all children	14733
in that category who have been designated for emergency release	14734
under division (B)(1) of this section have been so released, then	14735
all children who are not serving a period of institutionalization	14736
for an act that would have been aggravated murder, murder, or a	14737
felony of the first or second degree if committed by an adult or	14738
for an act that was committed before July 1, 1996, and that would	14739
have been an aggravated felony of the first or second degree if	14740
committed by an adult may be considered.	14741

(c) When all children in the categories described in	14742
divisions (B)(2)(a) and (b) of this section have been scrutinized	14743
and all children in those categories who have been designated for	14744
emergency release under division (B)(1) of this section have been	14745
released, then all children who are not serving a term of	14746
institutionalization for an act that would have been aggravated	14747
murder, murder, or a felony of the first degree if committed by an	14748
adult or for an act that was committed before July 1, 1996, and	14749
that would have been an aggravated felony of the first or second	14750
degree if committed by an adult may be considered.	14751

(d) In no case shall the department consider for emergency	14752
release any child who is serving a term of institutionalization	14753
for an act that would have been aggravated murder, murder, or a	14754
felony of the first degree if committed by an adult or for an act	14755
that was committed before July 1, 1996, and that would have been	14756
an aggravated felony of the first degree if committed by an adult,	14757
and in no case shall the department grant an emergency release to	14758
any such child pursuant to this section.	14759

(C) An emergency release granted pursuant to this section	14760
shall consist of one of the following:	14761

(1) A supervised release under terms and conditions that the	14762
department believes conducive to law-abiding conduct;	14763

(2) A discharge of the child from the custody and control of	14764
the department if the department is satisfied that the discharge	14765
is consistent with the welfare of the individual and protection of	14766
the public;	14767

(3) An assignment to a family home, a group care facility, or	14768
other place maintained under public or private auspices, within or	14769
without this state, for necessary treatment or rehabilitation, the	14770
costs of which may be paid by the department.	14771

(D) If a child is granted an emergency release pursuant to	14772
this section, the child thereafter shall be considered to have	14773
been institutionalized or institutionalized in a secure facility	14774
for the prescribed minimum period of time under division	14775
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	14776
Code, or ~~divisions~~all definite periods of commitment imposed	14777
under division (A) ~~and~~, (B), (C), or (D) of section 2152.17 of the	14778
Revised Code plus the prescribed minimum period of time imposed	14779
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of	14780
the Revised Code, whichever is applicable. The department shall	14781
retain legal custody of a child so released until it discharges	14782
the child or until its custody is terminated as otherwise provided	14783
by law.	14784

(E)(1) If a child is granted an emergency release so that the	14785
child is released on supervised release or assigned to a family	14786
home, group care facility, or other place for treatment or	14787
rehabilitation, the department shall prepare a written treatment	14788
and rehabilitation plan for the child in accordance with division	14789
(E) of section 2152.22 of the Revised Code, which shall include	14790
the conditions of the child's release or assignment, and shall	14791
send the committing court and the juvenile court of the county in	14792
which the child is placed a copy of the plan and the conditions	14793
that it fixed. The court of the county in which the child is	14794
placed may adopt the conditions as an order of the court and may	14795
add any additional consistent conditions it considers appropriate.	14796
If a child is released on supervised release or is assigned	14797
subject to specified conditions and the court of the county in	14798
which the child is placed has reason to believe that the child's	14799
deportment is not in accordance with any post-release conditions	14800
established by the court in its journal entry, the court of the	14801
county in which the child is placed, in its discretion, may	14802
schedule a time for a hearing on whether the child violated any of	14803
the post-release conditions. If that court conducts a hearing and	14804
determines at the hearing that the child violated any of the	14805
post-release conditions established in its journal entry, the	14806
court, if it determines that the violation of the conditions was a	14807
serious violation, may order the child to be returned to the	14808
department of youth services for institutionalization or, in any	14809
case, may make any other disposition of the child authorized by	14810
law that the court considers proper. If the court of the county in	14811
which the child is placed orders the child to be returned to a	14812
department of youth services institution, the child shall remain	14813
institutionalized for a minimum period of three months.	14814

(2) The department also shall file a written progress report	14815
with the committing court regarding each child granted an	14816
emergency release pursuant to this section at least once every	14817
thirty days unless specifically directed otherwise by the court.	14818
The report shall include the information required of reports	14819
described in division (F) of section 2152.22 of the Revised Code.	14820

Sec. 5139.43. (A) The department of youth services shall	14821
operate a felony delinquent care and custody program that shall be	14822
operated in accordance with the formula developed pursuant to	14823
section 5139.41 of the Revised Code, subject to the conditions	14824
specified in this section.	14825

(B)(1) Each juvenile court shall use the moneys disbursed to	14826
it by the department of youth services pursuant to division (B) of	14827
section 5139.41 of the Revised Code in accordance with the	14828
applicable provisions of division (B)(2) of this section and shall	14829
transmit the moneys to the county treasurer for deposit in	14830
accordance with this division. The county treasurer shall create	14831
in the county treasury a fund that shall be known as the felony	14832
delinquent care and custody fund and shall deposit in that fund	14833
the moneys disbursed to the juvenile court pursuant to division	14834
(B) of section 5139.41 of the Revised Code. The county treasurer	14835
also shall deposit into that fund the state subsidy funds granted	14836
to the county pursuant to section 5139.34 of the Revised Code. The	14837
moneys disbursed to the juvenile court pursuant to division (B) of	14838
section 5139.41 of the Revised Code and deposited pursuant to this	14839
division in the felony delinquent care and custody fund shall not	14840
be commingled with any other county funds except state subsidy	14841
funds granted to the county pursuant to section 5139.34 of the	14842
Revised Code; shall not be used for any capital construction	14843
projects; upon an order of the juvenile court and subject to	14844
appropriation by the board of county commissioners, shall be	14845
disbursed to the juvenile court for use in accordance with the	14846
applicable provisions of division (B)(2) of this section; shall	14847
not revert to the county general fund at the end of any fiscal	14848
year; and shall carry over in the felony delinquent care and	14849
custody fund from the end of any fiscal year to the next fiscal	14850
year. The maximum balance carry-over at the end of each respective	14851
fiscal year in the felony delinquent care and custody fund in any	14852
county from funds allocated to the county pursuant to sections	14853
5139.34 and 5139.41 of the Revised Code in the previous fiscal	14854
year shall not exceed an amount to be calculated as provided in	14855
the formula set forth in this division, unless that county has	14856
applied for and been granted an exemption by the director of youth	14857
services. Beginning June 30, 2008, the maximum balance carry-over	14858
at the end of each respective fiscal year shall be determined by	14859
the following formula: for fiscal year 2008, the maximum balance	14860
carry-over shall be one hundred per cent of the allocation for	14861
fiscal year 2007, to be applied in determining the fiscal year	14862
2009 allocation; for fiscal year 2009, it shall be fifty per cent	14863
of the allocation for fiscal year 2008, to be applied in	14864
determining the fiscal year 2010 allocation; for fiscal year 2010,	14865
it shall be twenty-five per cent of the allocation for fiscal year	14866
2009, to be applied in determining the fiscal year 2011	14867
allocation; and for each fiscal year subsequent to fiscal year	14868
2010, it shall be twenty-five per cent of the allocation for the	14869
immediately preceding fiscal year, to be applied in determining	14870
the allocation for the next immediate fiscal year. The department	14871
shall withhold from future payments to a county an amount equal to	14872
any moneys in the felony delinquent care and custody fund of the	14873
county that exceed the total maximum balance carry-over that	14874
applies for that county for the fiscal year in which the payments	14875
are being made and shall reallocate the withheld amount. The	14876
department shall adopt rules for the withholding and reallocation	14877
of moneys disbursed under sections 5139.34 and 5139.41 of the	14878
Revised Code and for the criteria and process for a county to	14879
obtain an exemption from the withholding requirement. The moneys	14880
disbursed to the juvenile court pursuant to division (B) of	14881
section 5139.41 of the Revised Code and deposited pursuant to this	14882
division in the felony delinquent care and custody fund shall be	14883
in addition to, and shall not be used to reduce, any usual annual	14884
increase in county funding that the juvenile court is eligible to	14885
receive or the current level of county funding of the juvenile	14886
court and of any programs or services for delinquent children,	14887
unruly children, or juvenile traffic offenders.	14888

(2)(a) A county and the juvenile court that serves the county	14889
shall use the moneys in its felony delinquent care and custody	14890
fund in accordance with rules that the department of youth	14891
services adopts pursuant to division (D) of section 5139.04 of the	14892
Revised Code and as follows:	14893

(i) The moneys in the fund that represent state subsidy funds	14894
granted to the county pursuant to section 5139.34 of the Revised	14895
Code shall be used to aid in the support of prevention, early	14896
intervention, diversion, treatment, and rehabilitation programs	14897
that are provided for alleged or adjudicated unruly children or	14898
delinquent children or for children who are at risk of becoming	14899
unruly children or delinquent children. The county shall not use	14900
for capital improvements more than fifteen per cent of the moneys	14901
in the fund that represent the applicable annual grant of those	14902
state subsidy funds.	14903

(ii) The moneys in the fund that were disbursed to the	14904
juvenile court pursuant to division (B) of section 5139.41 of the	14905
Revised Code and deposited pursuant to division (B)(1) of this	14906
section in the fund shall be used to provide programs and services	14907
for the training, treatment, or rehabilitation of felony	14908
delinquents that are alternatives to their commitment to the	14909
department, including, but not limited to, community residential	14910
programs, day treatment centers, services within the home, and	14911
electronic monitoring, and shall be used in connection with	14912
training, treatment, rehabilitation, early intervention, or other	14913
programs or services for any delinquent child, unruly child, or	14914
juvenile traffic offender who is under the jurisdiction of the	14915
juvenile court.	14916

The fund also may be used for prevention, early intervention,	14917
diversion, treatment, and rehabilitation programs that are	14918
provided for alleged or adjudicated unruly children, delinquent	14919
children, or juvenile traffic offenders or for children who are at	14920
risk of becoming unruly children, delinquent children, or juvenile	14921
traffic offenders. Consistent with division (B)(1) of this	14922
section, a county and the juvenile court of a county shall not use	14923
any of those moneys for capital construction projects.	14924

(iii) Moneys in the fund shall not be used to support	14925
programs or services that do not comply with federal juvenile	14926
justice and delinquency prevention core requirements or to support	14927
programs or services that research has shown to be ineffective.	14928
Moneys in the fund shall be prioritized to research-supported,	14929
outcome-based programs and services.	14930

(iv) The county and the juvenile court that serves the county	14931
may use moneys in the fund to provide out-of-home placement of	14932
children only in detention centers, community rehabilitation	14933
centers, or community corrections facilities approved by the	14934
department pursuant to standards adopted by the department,	14935
licensed by an authorized state agency, or accredited by the	14936
American correctional association or another national organization	14937
recognized by the department.	14938

(b) Each juvenile court shall comply with division (B)(3)(d)	14939
of this section as implemented by the department. If a juvenile	14940
court fails to comply with division (B)(3)(d) of this section, the	14941
department shall not be required to make any disbursements in	14942
accordance with division (C) or (D) of section 5139.41 or division	14943
(C)(2) of section 5139.34 of the Revised Code.	14944

(3) In accordance with rules adopted by the department	14945
pursuant to division (D) of section 5139.04 of the Revised Code,	14946
each juvenile court and the county served by that juvenile court	14947
shall do all of the following that apply:	14948

(a) The juvenile court shall prepare an annual grant	14949
agreement and application for funding that satisfies the	14950
requirements of this section and section 5139.34 of the Revised	14951
Code and that pertains to the use, upon an order of the juvenile	14952
court and subject to appropriation by the board of county	14953
commissioners, of the moneys in its felony delinquent care and	14954
custody fund for specified programs, care, and services as	14955
described in division (B)(2)(a) of this section, shall submit that	14956
agreement and application to the county family and children first	14957
council, the regional family and children first council, or the	14958
local intersystem services to children cluster as described in	14959
sections 121.37 and 121.38 of the Revised Code, whichever is	14960
applicable, and shall file that agreement and application with the	14961
department for its approval. The annual grant agreement and	14962
application for funding shall include a method of ensuring equal	14963
access for minority youth to the programs, care, and services	14964
specified in it.	14965

The department may approve an annual grant agreement and	14966
application for funding only if the juvenile court involved has	14967
complied with the preparation, submission, and filing requirements	14968
described in division (B)(3)(a) of this section. If the juvenile	14969
court complies with those requirements and the department approves	14970
that agreement and application, the juvenile court and the county	14971
served by the juvenile court may expend the state subsidy funds	14972
granted to the county pursuant to section 5139.34 of the Revised	14973
Code only in accordance with division (B)(2)(a) of this section,	14974
the rules pertaining to state subsidy funds that the department	14975
adopts pursuant to division (D) of section 5139.04 of the Revised	14976
Code, and the approved agreement and application.	14977

(b) By the thirty-first day of August of each year, the	14978
juvenile court shall file with the department a report that	14979
contains all of the statistical and other information for each	14980
month of the prior state fiscal year. If the juvenile court fails	14981
to file the report required by division (B)(3)(b) of this section	14982
by the thirty-first day of August of any year, the department	14983
shall not disburse any payment of state subsidy funds to which the	14984
county otherwise is entitled pursuant to section 5139.34 of the	14985
Revised Code and shall not disburse pursuant to division (B) of	14986
section 5139.41 of the Revised Code the applicable allocation	14987
until the juvenile court fully complies with division (B)(3)(b) of	14988
this section.	14989

(c) If the department requires the juvenile court to prepare	14990
monthly statistical reports and to submit the reports on forms	14991
provided by the department, the juvenile court shall file those	14992
reports with the department on the forms so provided. If the	14993
juvenile court fails to prepare and submit those monthly	14994
statistical reports within the department's timelines, the	14995
department shall not disburse any payment of state subsidy funds	14996
to which the county otherwise is entitled pursuant to section	14997
5139.34 of the Revised Code and shall not disburse pursuant to	14998
division (B) of section 5139.41 of the Revised Code the applicable	14999
allocation until the juvenile court fully complies with division	15000
(B)(3)(c) of this section. If the juvenile court fails to prepare	15001
and submit those monthly statistical reports within one hundred	15002
eighty days of the date the department establishes for their	15003
submission, the department shall not disburse any payment of state	15004
subsidy funds to which the county otherwise is entitled pursuant	15005
to section 5139.34 of the Revised Code and shall not disburse	15006
pursuant to division (B) of section 5139.41 of the Revised Code	15007
the applicable allocation, and the state subsidy funds and the	15008
remainder of the applicable allocation shall revert to the	15009
department. If a juvenile court states in a monthly statistical	15010
report that the juvenile court adjudicated within a state fiscal	15011
year five hundred or more children to be delinquent children for	15012
committing acts that would be felonies if committed by adults and	15013
if the department determines that the data in the report may be	15014
inaccurate, the juvenile court shall have an independent auditor	15015
or other qualified entity certify the accuracy of the data on a	15016
date determined by the department.	15017

(d) If the department requires the juvenile court and the	15018
county to participate in a fiscal monitoring program or another	15019
monitoring program that is conducted by the department to ensure	15020
compliance by the juvenile court and the county with division (B)	15021
of this section, the juvenile court and the county shall	15022
participate in the program and fully comply with any guidelines	15023
for the performance of audits adopted by the department pursuant	15024
to that program and all requests made by the department pursuant	15025
to that program for information necessary to reconcile fiscal	15026
accounting. If an audit that is performed pursuant to a fiscal	15027
monitoring program or another monitoring program described in this	15028
division determines that the juvenile court or the county used	15029
moneys in the county's felony delinquent care and custody fund for	15030
expenses that are not authorized under division (B) of this	15031
section, within forty-five days after the department notifies the	15032
county of the unauthorized expenditures, the county either shall	15033
repay the amount of the unauthorized expenditures from the county	15034
general revenue fund to the state's general revenue fund or shall	15035
file a written appeal with the department. If an appeal is timely	15036
filed, the director of the department shall render a decision on	15037
the appeal and shall notify the appellant county or its juvenile	15038
court of that decision within forty-five days after the date that	15039
the appeal is filed. If the director denies an appeal, the	15040
county's fiscal agent shall repay the amount of the unauthorized	15041
expenditures from the county general revenue fund to the state's	15042
general revenue fund within thirty days after receiving the	15043
director's notification of the appeal decision.	15044

(C) The determination of which county a reduction of the care	15045
and custody allocation will be charged against for a particular	15046
youth shall be made as outlined below for all youths who do not	15047
qualify as public safety beds. The determination of which county a	15048
reduction of the care and custody allocation will be charged	15049
against shall be made as follows until each youth is released:	15050

(1) In the event of a commitment, the reduction shall be	15051
charged against the committing county.	15052

(2) In the event of a recommitment, the reduction shall be	15053
charged against the original committing county until the	15054
expiration of the minimum period of institutionalization under the	15055
original order of commitment or until the date on which the youth	15056
is admitted to the department of youth services pursuant to the	15057
order of recommitment, whichever is later. Reductions of the	15058
allocation shall be charged against the county that recommitted	15059
the youth after the minimum expiration date of the original	15060
commitment.	15061

(3) In the event of a revocation of a release on parole, the	15062
reduction shall be charged against the county that revokes the	15063
youth's parole.	15064

(D) A juvenile court is not precluded by its allocation	15065
amount for the care and custody of felony delinquents from	15066
committing a felony delinquent to the department of youth services	15067
for care and custody in an institution or a community corrections	15068
facility when the juvenile court determines that the commitment is	15069
appropriate.	15070

Sec. 5139.51. (A) The release authority of the department of	15071
youth services shall not release a child who is in the custody of	15072
the department of youth services from institutional care or	15073
institutional care in a secure facility and shall not discharge	15074
the child or order the child's release on supervised release prior	15075
to the expiration of the prescribed minimum period of	15076
institutionalization or institutionalization in a secure facility	15077
imposed under division (A)(1)(b), (c), (d), or (e) of section	15078
2152.16 of the Revised Code, prior to the expiration of all	15079
definite periods of commitment imposed under division (A), (B),	15080
(C), or (D) of section 2152.17 of the Revised Code plus the	15081
prescribed minimum period of time imposed under division	15082
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	15083
Code, or prior to the child's attainment of twenty-one years of	15084
age, whichever is applicable under the order of commitment, other	15085
than as is provided in section 2152.22 of the Revised Code. The	15086
release authority may conduct periodic reviews of the case of each	15087
child who is in the custody of the department and who is eligible	15088
for supervised release or discharge after completing the minimum	15089
period of time or period of time in an institution prescribed by	15090
the committing court. At least thirty days prior to conducting a	15091
periodic review of the case of a child who was committed to the	15092
department regarding the possibility of supervised release or	15093
discharge and at least thirty days prior to conducting a release	15094
review, a release hearing, or a discharge review under division	15095
(E) of this section, the release authority shall give notice of	15096
the review or hearing to the court that committed the child, to	15097
the prosecuting attorney in the case, and to the victim of the	15098
delinquent act for which the child was committed or the victim's	15099
representative. If a child is on supervised release and has had	15100
the child's parole revoked, and if, upon release, there is	15101
insufficient time to provide the notices otherwise required by	15102
this division, the release authority, at least ten days prior to	15103
the child's release, shall provide reasonable notice of the	15104
child's release to the court that committed the child, to the	15105
prosecuting attorney in the case, and to the victim of the	15106
delinquent act for which the child was committed or the victim's	15107
representative. The court or prosecuting attorney may submit to	15108
the release authority written comments regarding, or written	15109
objections to, the supervised release or discharge of that child.	15110
Additionally, if the child was committed for an act that is a	15111
category one or category two offense, the court or prosecuting	15112
attorney orally may communicate to a representative of the release	15113
authority comments regarding, or objections to, the supervised	15114
release or discharge of the child or, if a hearing is held	15115
regarding the possible release or discharge of the child, may	15116
communicate those comments at the hearing. In conducting the	15117
review of the child's case regarding the possibility of supervised	15118
release or discharge, the release authority shall consider any	15119
comments and objections so submitted or communicated by the court	15120
or prosecutor and any statements or comments submitted or	15121
communicated under section 5139.56 of the Revised Code by a victim	15122
of an act for which the child was committed to the legal custody	15123
of the department or by the victim's representative of a victim of	15124
an act of that type.	15125

The release authority shall determine the date on which a	15126
child may be placed on supervised release or discharged. If the	15127
release authority believes that a child should be placed on	15128
supervised release, it shall comply with division (B) of this	15129
section. If the release authority believes that a child should be	15130
discharged, it shall comply with division (C) or (E) of this	15131
section. If the release authority denies the supervised release or	15132
discharge of a child, it shall provide the child with a written	15133
record of the reasons for the decision.	15134

(B)(1) When the release authority decides to place a child on	15135
supervised release, consistent with division (D) of this section,	15136
the department shall prepare a written supervised release plan	15137
that specifies the terms and conditions upon which the child is to	15138
be released from an institution on supervised release and, at	15139
least thirty days prior to the release of the child on the	15140
supervised release, shall send to the committing court and the	15141
juvenile court of the county in which the child will be placed a	15142
copy of the supervised release plan and the terms and conditions	15143
of release. The juvenile court of the county in which the child	15144
will be placed, within fifteen days after its receipt of the copy	15145
of the supervised release plan, may add to the supervised release	15146
plan any additional consistent terms and conditions it considers	15147
appropriate, provided that the court may not add any term or	15148
condition that decreases the level or degree of supervision	15149
specified by the release authority in the plan, that substantially	15150
increases the financial burden of supervision that will be	15151
experienced by the department of youth services, or that alters	15152
the placement specified by the plan.	15153

If, within fifteen days after its receipt of the copy of the	15154
supervised release plan, the juvenile court of the county in which	15155
the child will be placed does not add to the supervised release	15156
plan any additional terms and conditions, the court shall enter	15157
the supervised release plan in its journal within that fifteen-day	15158
period and, within that fifteen-day period, shall send to the	15159
release authority a copy of the journal entry of the supervised	15160
release plan. The journalized plan shall apply regarding the	15161
child's supervised release.	15162

If, within fifteen days after its receipt of the copy of the	15163
supervised release plan, the juvenile court of the county in which	15164
the child will be placed adds to the supervised release plan any	15165
additional terms and conditions, the court shall enter the	15166
supervised release plan and the additional terms and conditions in	15167
its journal and, within that fifteen-day period, shall send to the	15168
release authority a copy of the journal entry of the supervised	15169
release plan and additional terms and conditions. The journalized	15170
supervised release plan and additional terms and conditions added	15171
by the court that satisfy the criteria described in this division	15172
shall apply regarding the child's supervised release.	15173

If, within fifteen days after its receipt of the copy of the	15174
supervised release plan, the juvenile court of the county in which	15175
the child will be placed neither enters in its journal the	15176
supervised release plan nor enters in its journal the supervised	15177
release plan plus additional terms and conditions added by the	15178
court, the court and the department of youth services may attempt	15179
to resolve any differences regarding the plan within three days.	15180
If a resolution is not reached within that three-day period,	15181
thereafter, the supervised release plan shall be enforceable to	15182
the same extent as if the court actually had entered the	15183
supervised release plan in its journal.	15184

(2) When the release authority receives from the court a copy	15185
of the journalized supervised release plan and, if applicable, a	15186
copy of the journalized additional terms and conditions added by	15187
the court, the release authority shall keep the original copy or	15188
copies in the child's file and shall provide a copy of each	15189
document to the child, the employee of the department who is	15190
assigned to supervise and assist the child while on release, and	15191
the committing court.	15192

(C) If a child who is in the custody of the department of	15193
youth services was committed pursuant to division (A)(1)(b), (c),	15194
(d), or (e) of section 2152.16 of the Revised Code and has been	15195
institutionalized or institutionalized in a secure facility for	15196
the prescribed minimum ~~periods~~period of time under whichever of	15197
those divisions the child was committed or was committed to the	15198
custody of the department pursuant to both division (A), (B), (C),	15199
or (D) of section 2152.17 of the Revised Code and division	15200
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code	15201
and has been institutionalized or institutionalized in a secure	15202
facility for all of the definite periods of commitment imposed	15203
under division (A), (B), (C), or (D) of section 2152.17 of the	15204
Revised Code plus the prescribed minimum period of time imposed	15205
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of	15206
the Revised Code, whichever is applicable, and if the release	15207
authority is satisfied that the discharge of the child without the	15208
child being placed on supervised release would be consistent with	15209
the welfare of the child and protection of the public, the release	15210
authority, without approval of the court that committed the child,	15211
may discharge the child from the department's custody and control	15212
without placing the child on supervised release. Additionally, the	15213
release authority may discharge a child in the department's	15214
custody without the child being placed on supervised release if	15215
the child is removed from the jurisdiction of this state by a	15216
court order of a court of this state, another state, or the United	15217
States, or by any agency of this state, another state, or the	15218
United States, if the child is convicted of or pleads guilty to	15219
any criminal offense, or as otherwise provided by law. At least	15220
fifteen days before the scheduled date of discharge of the child	15221
without the child being placed on supervised release, the	15222
department shall notify the committing court, in writing, that it	15223
is going to discharge the child and of the reason for the	15224
discharge. Upon discharge of the child without the child being	15225
placed on supervised release, the department immediately shall	15226
certify the discharge in writing and shall transmit the	15227
certificate of discharge to the committing court.	15228

(D) In addition to requirements that are reasonably related	15229
to the child's prior pattern of criminal or delinquent behavior	15230
and the prevention of further criminal or delinquent behavior, the	15231
release authority shall specify the following requirements for	15232
each child whom it releases:	15233

(1) The child shall observe the law.

15234

(2) The child shall maintain appropriate contact, as	15235
specified in the written supervised release plan for that child.	15236

(3) The child shall not change residence unless the child	15237
seeks prior approval for the change from the employee of the	15238
department assigned to supervise and assist the child, provides	15239
that employee, at the time the child seeks the prior approval for	15240
the change, with appropriate information regarding the new	15241
residence address at which the child wishes to reside, and obtains	15242
the prior approval of that employee for the change.	15243

(E) The period of a child's supervised release may extend	15244
from the date of release from an institution until the child	15245
attains twenty-one years of age. If the period of supervised	15246
release extends beyond one year after the date of release, the	15247
child may request in writing that the release authority conduct a	15248
discharge review after the expiration of the one-year period or	15249
the minimum period or period. If the child so requests, the	15250
release authority shall conduct a discharge review and give the	15251
child its decision in writing. The release authority shall not	15252
grant a discharge prior to the discharge date if it finds good	15253
cause for retaining the child in the custody of the department	15254
until the discharge date. A child may request an additional	15255
discharge review six months after the date of a previous discharge	15256
review decision, but not more than once during any six-month	15257
period after the date of a previous discharge review decision.	15258

(F) At least two weeks before the release authority places on	15259
supervised release or discharge a child who was committed to the	15260
legal custody of the department, the release authority shall	15261
provide notice of the release or discharge as follows:	15262

(1) In relation to the placement on supervised release or	15263
discharge of a child who was committed to the department for	15264
committing an act that is a category one or category two offense,	15265
the release authority shall notify, by the specified deadline, all	15266
of the following of the release or discharge:	15267

(a) The prosecuting attorney of the county in which the child	15268
was adjudicated a delinquent child and committed to the custody of	15269
the department;	15270

(b) Whichever of the following is applicable:

15271

(i) If upon the supervised release or discharge the child	15272
will reside in a municipal corporation, the chief of police or	15273
other chief law enforcement officer of that municipal corporation;	15274

(ii) If upon the supervised release or discharge the child	15275
will reside in an unincorporated area of a county, the sheriff of	15276
that county.	15277

(2) In relation to the placement on supervised release or	15278
discharge of a child who was committed to the department for	15279
committing any act, the release authority shall notify, by the	15280
specified deadline, each victim of the act for which the child was	15281
committed to the legal custody of the department who, pursuant to	15282
section 5139.56 of the Revised Code, has requested to be notified	15283
of the placement of the child on supervised release or the	15284
discharge of the child, provided that, if any victim has	15285
designated a person pursuant to that section to act on the	15286
victim's behalf as a victim's representative, the notification	15287
required by this division shall be provided to that victim's	15288
representative.	15289

Sec. 5149.01. As used in Chapter 5149. of the Revised Code:

15290

(A) "Authority" means the adult parole authority created by	15291
section 5149.02 of the Revised Code.	15292

(B) "State correctional institution," "pardon,"	15293
"commutation," "reprieve," "parole," "head of a state correctional	15294
institution," "convict," "prisoner," "parolee," "final release,"	15295
and "parole violator" have the same meanings as in section 2967.01	15296
of the Revised Code.	15297

(C) "Full board hearing" means a parole board hearing	15298
conducted by a ~~minimum~~majority of ~~seven~~ parole board members as	15299
described in section 5149.101 of the Revised Code.	15300

Sec. 5149.10. (A)(1) The parole board shall consist of up to	15301
twelve members, one of whom shall be designated as chairperson by	15302
the director of the department of rehabilitation and correction	15303
and who shall continue as chairperson until a successor is	15304
designated, and any other personnel that are necessary for the	15305
orderly performance of the duties of the board. In addition to the	15306
rules authorized by section 5149.02 of the Revised Code, the chief	15307
of the adult parole authority, subject to the approval of the	15308
chief of the division of parole and community services and subject	15309
to this section, shall adopt rules governing the proceedings of	15310
the parole board. The rules shall provide for the convening of	15311
full board hearings, the procedures to be followed in full board	15312
hearings, and general procedures to be followed in other hearings	15313
of the board and by the board's hearing officers. The rules also	15314
shall require agreement by a majority of all the board members to	15315
any recommendation of clemency transmitted to the governor.	15316

(2) When the board members sit as a full board, the	15317
chairperson shall preside. The chairperson shall also allocate the	15318
work of the parole board among the board members. The full board	15319
shall meet at least once each month. In the case of a tie vote on	15320
the full board, the chief of the adult parole authority shall cast	15321
the deciding vote. The chairperson may designate a person to serve	15322
in the chairperson's place.	15323

(3)(a) Except for the chairperson, except for the member	15324
appointed under division (B) of this section, and except as	15325
otherwise provided in division (A)(3)(b) of this section, a member	15326
appointed to the parole board shall be appointed to a six-year	15327
term. A member shall hold office from the date of appointment	15328
until the end of the term for which the member was appointed. A	15329
member is eligible for reappointment for another six-year term	15330
that may or may not be consecutive to the first six-year term. A	15331
member is not eligible for reappointment after serving two	15332
six-year terms whether or not served consecutively. Vacancies	15333
shall be filled in the same manner provided for original	15334
appointments. Any member appointed under this division to fill a	15335
vacancy occurring prior to the expiration date of the term for	15336
which the member's predecessor was appointed shall begin that	15337
member's first six-year term upon appointment, regardless of the	15338
time remaining in the term of the member's predecessor. A member	15339
appointed under this division shall continue in office subsequent	15340
to the expiration date of the member's term until the member's	15341
successor takes office or until a period of sixty days has	15342
elapsed, whichever occurs first.	15343

(b) A member of the parole board on the effective date of	15344
this amendment who has served on the board less than six years	15345
shall have the time so served applied toward a six-year term and	15346
at the end of that six-year term shall be eligible for	15347
reappointment to an additional six-year term. A member of the	15348
parole board on the effective date of this amendment who has	15349
served on the board at least six years but less than twelve years	15350
shall have six of the years so served applied toward the first	15351
six-year term and the remaining time so served applied toward a	15352
second six-year term, shall serve the remainder of that second	15353
six-year term, and at the end of that second six-year term shall	15354
not be eligible for reappointment. A member of the parole board on	15355
the effective date of this amendment who has served on the board	15356
twelve years or longer shall serve until a successor member is	15357
appointed or a period of six months after the effective date of	15358
this amendment has elapsed, whichever occurs first, and after the	15359
end of that service shall be eligible for reappointment to an	15360
additional six-year term.	15361

(4) Except as otherwise provided in division (B) of this	15362
section, no person shall be appointed a member of the board who is	15363
not qualified by education or experience in correctional work,	15364
including law enforcement, prosecution of offenses, advocating for	15365
the rights of victims of crime, probation, or parole, in law, in	15366
social work, or in a combination of the three categories.	15367

(B) The director of rehabilitation and correction, in	15368
consultation with the governor, shall appoint one member of the	15369
board, who shall be a person who has been a victim of crime or who	15370
is a member of a victim's family or who represents an organization	15371
that advocates for the rights of victims of crime. After	15372
appointment, this member shall be an unclassified employee of the	15373
department of rehabilitation and correction.	15374

The initial appointment shall be for a term ending four years	15375
after July 1, 1996. Thereafter, the term of office of the member	15376
appointed under this division shall be for four years, with each	15377
term ending on the same day of the same month as did the term that	15378
it succeeds. The member shall hold office from the date of	15379
appointment until the end of the term for which the member was	15380
appointed and may be reappointed. Vacancies shall be filled in the	15381
manner provided for original appointments. Any member appointed	15382
under this division to fill a vacancy occurring prior to the	15383
expiration date of the term for which the member's predecessor was	15384
appointed shall hold office as a member for the remainder of that	15385
term. The member appointed under this division shall continue in	15386
office subsequent to the expiration date of the member's term	15387
until the member's successor takes office or until a period of	15388
sixty days has elapsed, whichever occurs first.	15389

The member appointed under this division shall be compensated	15390
in the same manner as other board members and shall be reimbursed	15391
for actual and necessary expenses incurred in the performance of	15392
the ~~members'~~member's duties. The member may vote on all cases	15393
heard by the full board under section 5149.101 of the Revised	15394
Code, has such duties as are assigned by the chairperson of the	15395
board, and shall coordinate the member's activities with the	15396
office of victims' services created under section 5120.60 of the	15397
Revised Code.	15398

As used in this division, "crime," "member of the victim's	15399
family," and "victim" have the meanings given in section 2930.01	15400
of the Revised Code.	15401

(C) The chairperson shall submit all recommendations for or	15402
against clemency directly to the governor.	15403

(D) The chairperson shall transmit to the chief of the adult	15404
parole authority all determinations for or against parole made by	15405
the board. Parole determinations are final and are not subject to	15406
review or change by the chief.	15407

(E) In addition to its duties pertaining to parole and	15408
clemency, if an offender is sentenced to a prison term pursuant to	15409
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	15410
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	15411
Code, the parole board shall have control over the offender's	15412
service of the prison term during the entire term unless the board	15413
terminates its control in accordance with section 2971.04 of the	15414
Revised Code. The parole board may terminate its control over the	15415
offender's service of the prison term only in accordance with	15416
section 2971.04 of the Revised Code.	15417

Sec. 5149.31. (A) The department of rehabilitation and	15418
correction shall do all of the following:	15419

~~(A)~~(1) Establish and administer a program of subsidies for	15420
eligible counties and groups of counties for felony offenders and	15421
a program of subsidies for eligible municipal corporations,	15422
counties, and groups of counties for misdemeanor offenders for the	15423
development, implementation, and operation of community	15424
corrections programs. Department expenditures for administration	15425
of both programs of subsidies shall not exceed ten per cent of the	15426
moneys appropriated for each of the purposes of this division.	15427

~~(B)~~(2) Adopt and promulgate rules, under Chapter 119. of the	15428
Revised Code, providing standards for community corrections	15429
programs. The standards shall be designed to improve the quality	15430
and efficiency of the programs and to reduce the number of persons	15431
committed to state correctional institutions and to county,	15432
multicounty, municipal, municipal-county, or multicounty-municipal	15433
jails or workhouses for offenses for which community control	15434
sanctions are authorized under section 2929.13, 2929.15, or	15435
2929.25 of the Revised Code. In developing the standards, the	15436
department shall consult with, and seek the advice of, local	15437
corrections agencies, law enforcement agencies, and other public	15438
and private agencies concerned with corrections. The department	15439
shall conduct, and permit participation by local corrections	15440
planning boards established under section 5149.34 of the Revised	15441
Code and joint county corrections planning boards established	15442
under section 5149.35 of the Revised Code in, an annual review of	15443
the standards to measure their effectiveness in promoting the	15444
purposes specified in this division and shall amend or rescind any	15445
existing rule providing a standard or adopt and promulgate	15446
additional rules providing standards, under Chapter 119. of the	15447
Revised Code, if the review indicates that the standards fail to	15448
promote the purposes.	15449

~~(C)~~(3) Accept and use any funds, goods, or services from the	15450
federal government or any other public or private source for the	15451
support of the subsidy programs established under division (A) of	15452
this section. The department may comply with any conditions and	15453
enter into any agreements that it considers necessary to obtain	15454
these funds, goods, or services.	15455

~~(D)~~(4) Adopt rules, in accordance with Chapter 119. of the	15456
Revised Code, and do all other things necessary to implement	15457
sections 5149.30 to 5149.37 of the Revised Code;	15458

~~(E)~~(5) Evaluate or provide for the evaluation of community	15459
corrections programs funded by the subsidy programs established	15460
under division (A)(1) of this section and establish means of	15461
measuring their effectiveness;	15462

~~(F)~~(6) Prepare an annual report evaluating the subsidy	15463
programs established under division (A)(1) of this section. The	15464
report shall include, but need not be limited to, analyses of the	15465
structure of the programs and their administration by the	15466
department, the effectiveness of the programs in the development	15467
and implementation of community corrections programs, the specific	15468
standards adopted and promulgated under division ~~(B)~~(A)(2) of this	15469
section and their effectiveness in promoting the purposes of the	15470
programs, and the findings of the evaluations conducted under	15471
division ~~(E)~~(A)(5) of this section. The director of rehabilitation	15472
and correction shall review and certify the accuracy of the report	15473
and provide copies of it, upon request, to members of the general	15474
assembly.	15475

~~(G)~~(7) Provide training or assistance, upon the request of a	15476
local corrections planning board or a joint county corrections	15477
planning board, to any local unit of government, subject to	15478
available resources of the department.	15479

(B)(1) In order to be eligible for the subsidies under this	15480
section, counties, groups of counties, and municipal corporations	15481
shall satisfy all applicable requirements under sections 2301.27	15482
and 2301.30 of the Revised Code and shall utilize the single	15483
validated risk assessment tool selected by the department under	15484
section 5120.114 of the Revised Code.	15485

(2) The department shall give any county, group of counties,	15486
or municipal corporation found to be noncompliant with the	15487
requirements described in division (B)(1) of this section a	15488
reasonable period of time to come into compliance. If the	15489
noncompliant county, group of counties, or municipal corporation	15490
does not become compliant after a reasonable period of time, the	15491
department shall reduce or eliminate the subsidy granted to that	15492
county, group of counties, or municipal corporation.	15493

Sec. 5149.311. (A) The department of rehabilitation and	15494
correction shall establish and administer the probation	15495
improvement grant and the probation incentive grant for court of	15496
common pleas probation departments that supervise felony	15497
offenders.	15498

(B)(1) The probation improvement grant shall provide funding	15499
to court of common pleas probation departments to adopt policies	15500
and practices based on the latest research on how to reduce the	15501
number of felony offenders on probation supervision who violate	15502
the conditions of their supervision.	15503

(2) The department shall adopt rules for the distribution of	15504
the probation improvement grant, including the formula for the	15505
allocation of the subsidy based on the number of felony offenders	15506
placed on probation annually in each jurisdiction.	15507

(C)(1) The probation incentive grant shall provide a	15508
performance-based level of funding to court of common pleas	15509
probation departments that are successful in reducing the number	15510
of felony offenders on probation supervision whose terms of	15511
supervision are revoked.	15512

(2) The department shall calculate annually any cost savings	15513
realized by the state from a reduction in the percentage of people	15514
who are incarcerated because their terms of supervised probation	15515
were revoked. The cost savings estimate shall be calculated for	15516
each county and be based on the difference from fiscal year 2010	15517
and the fiscal year under examination.	15518

(3) The department shall adopt rules that specify the subsidy	15519
amount to be appropriated to court of common pleas probation	15520
departments that successfully reduce the percentage of people on	15521
probation who are incarcerated because their terms of supervision	15522
are revoked.	15523

(D) The following stipulations apply to both the probation	15524
improvement grant and the probation incentive grant:	15525

(1) In order to be eligible for the probation improvement	15526
grant and the probation incentive grant, courts of common pleas	15527
must satisfy all requirements under sections 2301.27 and 2301.30	15528
of the Revised Code and must utilize the single validated risk	15529
assessment tool selected by the department of rehabilitation and	15530
correction under section 5120.114 of the Revised Code.	15531

(2) The department may deny a subsidy under this section to	15532
any applicant if the applicant fails to comply with the terms of	15533
any agreement entered into pursuant to any of the provisions of	15534
this section.	15535

(3) The department shall evaluate or provide for the	15536
evaluation of the policies, practices, and programs the court of	15537
common pleas probation departments utilize with the programs of	15538
subsidies established under this section and establish means of	15539
measuring their effectiveness.	15540

(4) The department shall specify the policies, practices, and	15541
programs for which court of common pleas probation departments may	15542
use the program subsidy and shall establish minimum standards of	15543
quality and efficiency that recipients of the subsidy must follow.	15544
The department shall give priority to supporting evidence-based	15545
policies and practices, as defined by the department.	15546

Sec. 5149.32. To be eligible for funds from the subsidy	15547
programs established under division (A)(1) of section 5149.31 of	15548
the Revised Code, a municipal corporation, county, or group of	15549
counties shall comply with all of the following that are relevant:	15550

(A) Maintain programs that meet the standards adopted under	15551
division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code;	15552

(B) Demonstrate that it has made efforts to unify or	15553
coordinate its correctional service programs through	15554
consolidation, written agreements, purchase of service contracts,	15555
or other means;	15556

(C) Demonstrate that the comprehensive plan for the county in	15557
which the municipal corporation is located, for the county, or for	15558
each county of the group of counties, as adopted under section	15559
5149.34 of the Revised Code, has been approved by the director of	15560
rehabilitation and correction;	15561

(D) Deliver programming that addresses the assessed needs of	15562
high risk offenders as established by the single validated risk	15563
assessment tool described in section 5120.114 of the Revised Code	15564
and that may be delivered through available and acceptable	15565
resources within the municipal corporation, county, or group of	15566
counties or through the department of rehabilitation and	15567
correction;	15568

(E) If a subsidy was received in any prior fiscal year from a	15569
subsidy program established under division (A)(1) of section	15570
5149.31 of the Revised Code, demonstrate that the subsidy was	15571
expended in a good faith effort to improve the quality and	15572
efficiency of its community corrections programs and to reduce the	15573
number of persons committed to state correctional institutions and	15574
to county, multicounty, municipal, municipal-county, or	15575
multicounty-municipal jails or workhouses.	15576

Sec. 5149.33. No municipal corporation, county, or group of	15577
counties receiving a subsidy under division (A)(1) of section	15578
5149.31 of the Revised Code shall reduce, by the amount of the	15579
subsidy it receives or by a greater or lesser amount, the amount	15580
of local, nonfederal funds it expends for corrections, including,	15581
but not limited to, the amount of local, nonfederal funds it	15582
expends for the operation of the county, multicounty, municipal,	15583
municipal-county, or multicounty-municipal jail or workhouse, for	15584
any county or municipal probation department, or for any community	15585
corrections program. Each subsidy shall be used to make	15586
corrections expenditures in excess of those being made from local,	15587
nonfederal funds. No subsidy or portion of a subsidy shall be used	15588
to make capital improvements. If a recipient violates this	15589
section, the department of rehabilitation and correction ~~shall~~may	15590
discontinue subsidy payments to the recipient.	15591

Sec. 5149.34. (A)(1) If a county desires to receive a	15592
subsidy from a subsidy program established under division (A)(1)	15593
of section 5149.31 of the Revised Code for community corrections	15594
programs as described in division ~~(B)~~(A)(2) of that section, the	15595
board of county commissioners of the county shall establish, by a	15596
resolution as described in this division, and maintain a local	15597
corrections planning board that, except as provided in division	15598
(A)(2) of this section, shall include an administrator of a	15599
county, multicounty, municipal, municipal-county, or	15600
multicounty-municipal jail or workhouse located in the county,; a	15601
county commissioner of that county,; a judge of the court of	15602
common pleas of that county,; a judge of a municipal court or	15603
county court of that county,; an attorney whose practice of law	15604
primarily involves the representation of criminal defendants,; the	15605
chief law enforcement officer of the largest municipal corporation	15606
located in the county,; the county sheriff,; one or more	15607
prosecutors, as defined in section 2935.01 of the Revised Code,;	15608
the executive director of the board of alcohol, drug addiction,	15609
and mental health services serving that county or the executive	15610
director's designee, or the executive directors of both the	15611
community mental health board and the alcohol and drug addiction	15612
services board serving that county or their designees, whichever	15613
is applicable; the executive director of the county board of	15614
mental retardation and developmental disabilities of that county	15615
or the executive director's designee; an administrator of a	15616
halfway house serving that county, if any, or the administrator's	15617
designee; an administrator of a community-based correctional	15618
facility, if any, serving the court of common pleas of that county	15619
or the administrator's designee; an administrator of a community	15620
corrections act-funded program in that county, if any, or the	15621
administrator's designee; one or more representatives of the	15622
public, one of whom shall be a victim of crime,; one or more	15623
additional representatives of the law enforcement community,; one	15624
or more additional representatives of the judiciary,; one or more	15625
additional representatives of the field of corrections,; and	15626
officials from the largest municipal corporation located in the	15627
county. A majority of the members of the board shall be employed	15628
in the adult criminal justice field. At least two members of the	15629
board shall be members of the largest racial minority population,	15630
if any, in the county, and at least two other members of the board	15631
shall be women. The resolution shall state the number and nature	15632
of the members, the duration of their terms, the manner of filling	15633
vacancies on the board, and the compensation, if any, that members	15634
are to receive. The board of county commissioners also may	15635
specify, as part of the resolution, any other duties the local	15636
corrections planning board is to assume.	15637

(2) If, for good cause shown, including, but not limited to,	15638
the refusal of a specified individual to serve on a local	15639
corrections planning board, a particular county is not able to	15640
satisfy the requirements specified in division (A)(1) of this	15641
section for the composition of such a board, the director of	15642
rehabilitation and correction may waive the requirements to the	15643
extent necessary and approve a composition for the board that	15644
otherwise is consistent with the requirements.	15645

(B) Each local corrections planning board established	15646
pursuant to division (A) of this section shall adopt within	15647
eighteen months after its establishment, and from time to time	15648
shall revise, a comprehensive plan for the development,	15649
implementation, and operation of corrections services in the	15650
county. The plan shall include a description of the offender	15651
population's assessed needs as established by the single validated	15652
risk assessment tool described in section 5120.114 of the Revised	15653
Code, with particular attention to high risk offenders, and the	15654
capacity to deliver services and programs within the county and	15655
surrounding region that address the offender population's needs.	15656
The plan shall be adopted and revised after consideration has been	15657
given to the impact that it will have or has had on the	15658
populations of state correctional institutions and county,	15659
multicounty, municipal, municipal-county, or multicounty-municipal	15660
jails or workhouses in the county, and shall be designed to unify	15661
or coordinate corrections services in the county and to reduce the	15662
number of persons committed, consistent with the standards adopted	15663
under division ~~(B)~~(A)(2) of section 5149.31 of the Revised Code,	15664
from that county to state correctional institutions and to county,	15665
multicounty, municipal, municipal-county, or multicounty-municipal	15666
jails or workhouses. The plan and any revisions to the plan shall	15667
be submitted to the board of county commissioners of the county in	15668
which the local corrections planning board is located for	15669
approval.	15670

If a county has a community-based correctional facility and	15671
program established in accordance with sections 2301.51 to 2301.58	15672
of the Revised Code, the budgets of the facility and program shall	15673
not be subject to approval by the local corrections planning	15674
board, but instead shall continue to be determined in accordance	15675
with those sections. However, the local corrections planning board	15676
shall include the facility and program as part of the	15677
comprehensive plan adopted and revised pursuant to this division.	15678

15679

(1) "Halfway house" and "community-based correctional	15680
facility" have the same meanings as in section 2929.01 of the	15681
Revised Code.	15682

(2) "Offender population" means the total number of offenders	15683
currently receiving corrections services provided by the county.	15684

Sec. 5149.36. Subject to appropriations by the general	15685
assembly, the department of rehabilitation and correction shall	15686
award subsidies to eligible municipal corporations, counties, and	15687
groups of counties pursuant to the subsidy programs described in	15688
division (A)(1) of section 5149.31 of the Revised Code only in	15689
accordance with criteria that the department shall specify in	15690
rules adopted pursuant to Chapter 119. of the Revised Code. The	15691
criteria shall be designed to provide for subsidy awards only on	15692
the basis of demonstrated need and the satisfaction of specified	15693
priorities. The criteria shall be consistent with the following:	15694

(A) First priority shall be given to the continued funding of	15695
existing community corrections programs that satisfy the standards	15696
adopted pursuant to division ~~(B)~~(A)(2) of section 5149.31 of the	15697
Revised Code and that are designed to reduce the number of persons	15698
committed to state correctional institutions.	15699

(B) Second priority shall be given to new community	15700
corrections programs that are designed to reduce the number of	15701
persons committed to state correctional institutions or the number	15702
of persons committed to county, multicounty, municipal,	15703
municipal-county, or multicounty-municipal jails or workhouses.	15704

Section 2. That existing sections 109.42, 307.93, 309.18,	15705
341.12, 926.99, 1333.99, 1707.99, 1716.99, 2151.312, 2151.354,	15706
2152.02, 2152.021, 2152.10, 2152.11, 2152.12, 2152.13, 2152.14,	15707
2152.17, 2152.22, 2152.26, 2301.27, 2301.30, 2903.01, 2909.03,	15708
2909.05, 2909.11, 2911.12, 2913.01, 2913.02, 2913.03, 2913.04,	15709
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401,	15710
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48,	15711
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32,	15712
2919.21, 2921.13, 2921.34, 2921.41, 2923.01 2923.31, 2925.01,	15713
2925.03, 2925.05, 2925.11, 2929.01, 2929.11, 2929.13, 2929.14,	15714
2929.15, 2929.16, 2929.20, 2929.26, 2929.34, 2930.12, 2930.16,	15715
2930.17, 2950.99, 2951.041, 2951.08, 2967.05, 2967.14, 2967.193,	15716
2967.28, 2981.07, 4507.51, 5120.07, 5120.10, 5120.111, 5120.16,	15717
5120.331, 5120.48, 5120.59, 5120.60, 5120.66, 5139.01, 5139.05,	15718
5139.06, 5139.20, 5139.43, 5139.51, 5149.01, 5149.10, 5149.31,	15719
5149.32, 5149.33, 5149.34, and 5149.36 and sections 2151.56,	15720
2151.57, 2151.58, 2151.59, 2151.60, and 2151.61 of the Revised	15721
Code are hereby repealed.	15722

Section 3. The amendment of section 5120.07 of the Revised	15723
Code by Sections 1 and 2 of this act is not intended to supersede	15724
the earlier repeal of that section, with the delayed effective	15725
date of December 31, 2011.	15726

Section 4. The amendments to sections 2925.01, 2925.03,	15727
2925.05, and 2925.11 of the Revised Code, and to division (W) of	15728
section 2929.01 of the Revised Code, that are made in this act	15729
apply to a person who commits an offense involving marihuana,	15730
cocaine, or hashish on or after the effective date of this act and	15731
to a person to whom division (B) of section 1.58 of the Revised	15732
Code makes the amendments applicable.	15733

The provisions of sections 2925.01, 2925.03, 2925.05, and	15734
2925.11 of the Revised Code, and of division (W) of section	15735
2929.01 of the Revised Code, in existence prior to the effective	15736
date of this act shall apply to a person upon whom a court imposed	15737
sentence prior to the effective date of this act for an offense	15738
involving marihuana, cocaine, or hashish. The amendments to	15739
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	15740
Code, and to division (W) of section 2929.01 of the Revised Code,	15741
that are made in this act do not apply to a person upon whom a	15742
court imposed sentence prior to the effective date of this act for	15743
an offense involving marihuana, cocaine, or hashish.	15744

Section 5. The amendments to sections 926.99, 1333.99,	15745
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	15746
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	15747
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	15748
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	15749
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 and divisions (A)	15750
and (M) of section 2929.14 of the Revised Code that are made in	15751
this act apply to a person who commits an offense specified or	15752
penalized under those sections on or after the effective date of	15753
this section and to a person to whom division (B) of section 1.58	15754
of the Revised Code makes the amendments applicable.	15755

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	15756
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	15757
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	15758
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	15759
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	15760
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	15761
prior to the effective date of this section shall apply to a	15762
person upon whom a court imposed sentence prior to the effective	15763
date of this section for an offense specified or penalized under	15764
those sections. The amendments to sections 926.99, 1333.99,	15765
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	15766
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	15767
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	15768
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	15769
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	15770
Code that are made in this act do not apply to a person who upon	15771
whom a court imposed sentence prior to the effective date of this	15772
section for an offense specified or penalized under those	15773
sections.	15774

Section 6. (A) The Ohio Interagency Task Force on Mental	15775
Health and Juvenile Justice is hereby established to investigate	15776
and make recommendations on how to most effectively treat	15777
delinquent youth who suffer from serious mental illness or	15778
emotional and behavioral disorders, while giving attention to the	15779
needs of Ohio's economy. The Task Force shall consist of the	15780
following members:	15781

(1) The Director of Youth Services;

15782

(2) The Director of Mental Health;

15783

(3) The Director of the Governor's Office of Health	15784
Transformation;	15785

(4) The Superintendent of Public Instruction;

15786

(5) A justice of the Supreme Court or a designee appointed by	15787
the justices of the Supreme Court who has experience in juvenile	15788
law or mental health issues;	15789

(6) A designee appointed by the President of the Ohio	15790
Association of Juvenile Court Judges;	15791

(7) A board-certified child and adolescent psychiatrist	15792
appointed by the Director of the Department of Mental Health;	15793

(8) A licensed child and adolescent psychologist appointed by	15794
the President of the State Board of Psychology;	15795

(9) Up to ten members with expertise in child and adolescent	15796
development, mental health, or juvenile justice appointed by the	15797
Governor, including, but not limited to, members representing the	15798
Ohio chapter of the National Alliance on Mental Illness, the Ohio	15799
Federation for Children's Mental Health, an academic research	15800
institution with expertise in juvenile justice and child and	15801
adolescent development, and a provider of children's	15802
community-based mental health services;	15803

(10) Two members of the General Assembly, one from the	15804
majority party and one from the minority party, jointly appointed	15805
by the Speaker of the House of Representatives and the President	15806
of the Senate;	15807

(11) A member of the public jointly appointed by the Speaker	15808
of the House of Representatives and the President of the Senate.	15809

(B) Members of the Task Force shall be appointed by September	15810
30, 2011. Vacancies on the Task Force shall be filled in the same	15811
manner as the original appointments. Members shall serve without	15812
compensation.	15813

(C) The Governor shall designate the chairperson of the Task	15814
Force. All meetings of the Task Force shall be held at the call of	15815
the chairperson.	15816

(D) The duties of the Task Force shall include all of the	15817
following:	15818

(1) Reviewing the current staff training and protocols and	15819
procedures for treating mentally ill and seriously mentally ill	15820
youth committed to the Department of Youth Services;	15821

(2) Reviewing the current funding, roles, and	15822
responsibilities of the Department of Youth Services, Department	15823
of Mental Health, Department of Education, and other Departments	15824
providing services to youth, as the funding, roles, and	15825
responsibilities pertain to youth with serious mental illness, or	15826
severe emotional and behavioral disorders;	15827

(3) Conducting a review of literature related to the best	15828
practices in the treatment of youth with mental illness and	15829
seriously mentally ill youth who are adjudicated to be a	15830
delinquent child and committed to the Department of Youth	15831
Services;	15832

(4) Investigating mental health treatment models for youth	15833
involved in the juvenile justice system of other states and	15834
jurisdictions, and other relevant data and information, in order	15835
to identify potential model programs, protocols, and best	15836
practices;	15837

(5) Conducting at least one visit to a Department of Youth	15838
Services mental health unit and completing a comprehensive data	15839
review of the mentally ill and seriously mentally ill youth	15840
currently committed to the Department of Youth Services to develop	15841
a profile of such youth currently committed to the Department of	15842
Youth Services.	15843

(E) The members of the Task Force shall make findings and	15844
recommendations, based on the results of the Task Force's duties,	15845
regarding all of the following:	15846

(1) Best practices in the field of treatment for youth with	15847
mental illness or serious mental illness who are involved in the	15848
juvenile justice system;	15849

(2) Guiding principles for the treatment of youth with mental	15850
illness or serious mental illness who are involved in the juvenile	15851
justice system;	15852

(3) The infrastructure, roles, and responsibilities of and	15853
other departments providing services to youth, in relation to	15854
effectively meeting the multiple needs of youth with mental	15855
illness or serious mental illness who are involved in the juvenile	15856
justice system;	15857

(4) Funding strategies that maximize public, private, state,	15858
and federal resources and that create incentives for high	15859
performance and innovative treatment;	15860

(5) Changes to administrative, court, and legislative rules	15861
that would support the recommendations of the Task Force.	15862

The members of the Task Force may make other recommendations	15863
related to effectively treating delinquent youth who suffer from	15864
mental illness and serious mental health illness, including	15865
mentally ill youth who also have special education needs, as	15866
determined to be relevant by the chairperson of the Task Force.	15867

(F) Not later than March 31, 2012, the Task Force shall issue	15868
a report of the Task Force's findings and recommendations to the	15869
Governor, the President of the Senate, the Speaker of the House of	15870
Representatives, and the Chief Justice of the Supreme Court. Upon	15871
the issuance of the report by the Task Force, the Task Force shall	15872
cease to exist.	15873

Section 7. Upon the effective date of new sections 2151.56,	15874
2151.57, 2151.58, and 2151.59 of the Revised Code as enacted by	15875
this act, the versions of those sections enacted in Section 1 of	15876
this act will replace the versions of those sections, and the	15877
versions of sections 2151.60 and 2151.61 of the Revised Code, in	15878
effect on the day immediately preceding that effective date.	15879

Section 8. The General Assembly hereby respectfully requests	15880
the Supreme Court to adopt a Rule of Superintendence that provides	15881
for the collection for each month of statistical data relating to	15882
the operation of probation departments, including, but not limited	15883
to, all of the following:	15884

(A) A count of the number of individuals placed on probation	15885
in the month covered by the report;	15886

(B) A count of the number of individuals terminated from	15887
probation in the month covered by the report, listed by type of	15888
termination, including revocation;	15889

(C) The total number of individuals under supervision on	15890
probation at the end of the month covered by the report.	15891

Section 9. Section 1716.99 of the Revised Code is presented	15892
in this act as a composite of the section as amended by both Am.	15893
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	15894
Section 2301.27 of the Revised Code is presented in this act as a	15895
composite of the section as amended by both Am. Sub. H.B. 490 and	15896
Sub. H.B. 510 of the 124th General Assembly. Section 2929.14 of	15897
the Revised Code is presented in this act as a composite of the	15898
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280	15899
of the 127th General Assembly. Section 2929.20 of the Revised Code	15900
is presented in this act as a composite of the section as amended	15901
by both Am. Sub. H.B. 130 and Sub. S.B. 108 of the 127th General	15902
Assembly. Section 2967.193 of the Revised Code is presented in	15903
this act as a composite of the section as amended by both Am. Sub.	15904
S.B. 269 and Am. Sub. H.B. 180 of the 121st General Assembly. The	15905
General Assembly, applying the principle stated in division (B) of	15906
section 1.52 of the Revised Code that amendments are to be	15907
harmonized if reasonably capable of simultaneous operation, finds	15908
that the composites are the resulting versions of the sections in	15909
effect prior to the effective date of the sections as presented in	15910
this act.	15911