As Reported by the House Criminal Justice Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Blessing, Heard
Cosponsors:
Representatives Uecker, Slaby
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
Department to develop a reentry plan for each
inmate committed to the Department who was not
sentenced to a term of life without parole or a
sentence of death and who is expected to be
imprisoned for more than 30 days; to revise the
procedures governing the Department's issuance of
an inmate identification card upon an inmate's
release and the use of such a card to obtain a
state identification card; to authorize, instead
of require, the Department to discontinue subsidy
payment to a political subdivision that reduces
local funding for corrections by the amount of a
community-based corrections subsidy or that uses a
subsidy for capital improvements; to require the
Department, together with the Department of
Alcohol and Drug Addiction Services, to develop an
implementation plan related to funding through the
federal Second Chance Act related to community
reentry of offenders; to adopt a single validated
risk assessment tool to be used by courts,
probation departments, and the Department of
Rehabilitation and Correction to evaluate risk
levels of offenders; to provide judges the option
of risk reduction sentencing to allow for early
release of prisoners who complete treatment and
programming while incarcerated; to require
offenders convicted of or pleading guilty to a
felony of the fourth or fifth degree that is not
an offense of violence to serve community control
sanctions; to create the offense of trespass in a
habitation of a person when any person other than
an accomplice of the offender is present or likely
to be present; to change the sentencing structure
for felonies of the first and third degree; to
restrict sentencing to community-based
correctional facilities to offenders who are a
high risk to reoffend; to reduce duplication of
probation supervision resources and to require
probation departments to provide a monthly report
with statistical data to the Department of
Rehabilitation and Correction; to require the
Department of Rehabilitation and Correction to
establish and administer the probation improvement
grant and the probation incentive grant; to
require a county and the Juvenile Court that
serves the county to prioritize the use of the
moneys in the county treasury's Felony Delinquent
Care and Custody Fund to research-supported,
outcome-based programs and services; to clarify
when a delinquent child committed to the
department of youth services generally may be
granted a judicial release; to authorize judicial
release for a delinquent child committed to the
department when the commitment includes a period
of commitment imposed for certain specifications;
to establish procedures for determining the
competency to participate in the proceeding of a
child who is the subject of a complaint alleging
that the child is an unruly or delinquent child or
a juvenile traffic offender and procedures for a
child to attain competency if the child is found
to be incompetent; to establish an interagency
task force to investigate and make recommendations
on how to most effectively treat delinquent youth
who suffer from serious mental illness or
emotional and behavioral disorders; to eliminate
mandatory requirements that a court transfer
certain alleged delinquent children to adult
court; to provide the court discretion on whether
or not to commit a child to the Department of
Youth Services if the child is adjudicated a
delinquent child for committing an act that would
be a felony if committed by an adult and if the
child is guilty of certain specifications; to
specify that a child is eligible for a serious
youthful offender disposition only if the case was
not transferred out of juvenile court and the
child is adjudicated a delinquent child for
committing an act that would be a felony if
committed by an adult, was 14 years of age or
older when the act was committed, and is eligible
for a serious youthful offender disposition based
on the child's age and the level of felony
charged; to repeal the interstate compact on
juveniles and enact the interstate compact for
juveniles; and to conform the Ohio Criminal
Sentencing Law with the Ohio Supreme Court's
decision in State v. Foster.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That 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 be amended and 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 of the
Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and have
printed a pamphlet that contains a compilation of all statutes
relative to victim's rights in which the attorney general lists
and explains the statutes in the form of a victim's bill of
rights. The attorney general shall distribute the pamphlet to all
sheriffs, marshals, municipal corporation and township police
departments, constables, and other law enforcement agencies, to
all prosecuting attorneys, city directors of law, village
solicitors, and other similar chief legal officers of municipal
corporations, and to organizations that represent or provide
services for victims of crime. The victim's bill of rights set
forth in the pamphlet shall contain a description of all of the
rights of victims that are provided for in Chapter 2930. or in any
other section of the Revised Code and shall include, but not be
limited to, all of the following:
(1) The right of a victim or a victim's representative to
attend a proceeding before a grand jury, in a juvenile case, or in
a criminal case pursuant to a subpoena without being discharged
from the victim's or representative's employment, having the
victim's or representative's employment terminated, having the
victim's or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at the proceeding pursuant to the
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359
or 2152.61 of the Revised Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused by the failure of the child's parent or
guardian to subject the child to reasonable parental authority or
to faithfully discharge the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a victim's representative to receive, pursuant to section
2930.06 of the Revised Code, notice of the date, time, and place
of the trial or delinquency proceeding in the case or, if there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a victim's representative to receive, pursuant to section
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the
name of the person charged with the violation, the case or docket
number assigned to the charge, and a telephone number or numbers
that can be called to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or of the victim's representative pursuant to section
2930.13 or 2930.14 of the Revised Code, subject to any reasonable
terms set by the court as authorized under section 2930.14 of the
Revised Code, to make a statement about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of the offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a victim's representative pursuant to sections 2151.38,
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to
receive notice of a pending motion for judicial release, release
pursuant to section 2967.19 of the Revised Code, or other early
release of the person who committed the offense against the
victim, to make an oral or written statement at the court hearing
on the motion, and to be notified of the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice
of any pending commutation, pardon, parole, transitional control,
discharge, other form of authorized release, post-release control,
or supervised release for the person who committed the offense
against the victim or any application for release of that person
and to send a written statement relative to the victimization and
the pending action to the adult parole authority or the release
authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant
to sections 2969.01 to 2969.06 of the Revised Code to obtain money
from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who willfully damages property through the commission of an
act that would be a theft offense, as defined in section 2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section 2152.20,
2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases or a victim's representative, pursuant to section 2930.16 of
the Revised Code, to receive notice of the escape from confinement
or custody of the person who committed the offense, to receive
that notice from the custodial agency of the person at the
victim's last address or telephone number provided to the
custodial agency, and to receive notice that, if either the
victim's address or telephone number changes, it is in the
victim's interest to provide the new address or telephone number
to the custodial agency;
(15) The right of a victim of domestic violence to seek the
issuance of a civil protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22
of the Revised Code, a violation of a substantially similar
municipal ordinance, or an offense of violence who is a family or
household member of the offender at the time of the offense to
seek the issuance of a temporary protection order pursuant to
section 2919.26 of the Revised Code, and the right of both types
of victims to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a sexually oriented offense or
of a child-victim oriented offense that is committed by a person
who is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the offense and who is in a
category specified in division (B) of section 2950.10 of the
Revised Code to receive, pursuant to that section, notice that the
person has registered with a sheriff under section 2950.04,
2950.041, or 2950.05 of the Revised Code and notice of the
person's name, the person's residence that is registered, and the
offender's school, institution of higher education, or place of
employment address or addresses that are registered, the person's
photograph, and a summary of the manner in which the victim must
make a request to receive the notice. As used in this division,
"sexually oriented offense" and "child-victim oriented offense"
have the same meanings as in section 2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is sentenced to a prison term pursuant to division (A)(3) of
section 2971.03 of the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, by an offender who is
sentenced for the violation pursuant to division (B)(1)(a), (b),
or (c) of section 2971.03 of the Revised Code, of a victim of an
attempted rape committed on or after January 2, 2007, by an
offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to section 2930.16 of the Revised Code, notice
of a hearing to determine whether to modify the requirement that
the offender serve the entire prison term in a state correctional
facility, whether to continue, revise, or revoke any existing
modification of that requirement, or whether to terminate the
prison term. As used in this division, "sexually violent offense"
and "sexually violent predator specification" have the same
meanings as in section 2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting attorney, assistant prosecuting attorney, city
director of law, assistant city director of law, village
solicitor, assistant village solicitor, or similar chief legal
officer of a municipal corporation or an assistant of any of those
officers who prosecutes an offense committed in this state, upon
first contact with the victim of the offense, the victim's family,
or the victim's dependents, shall give the victim, the victim's
family, or the victim's dependents a copy of the pamphlet prepared
pursuant to division (A) of this section and explain, upon
request, the information in the pamphlet to the victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency that investigates an offense or delinquent act
committed in this state shall give the victim of the offense or
delinquent act, the victim's family, or the victim's dependents a
copy of the pamphlet prepared pursuant to division (A) of this
section at one of the following times:
(i) Upon first contact with the victim, the victim's family,
or the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if the circumstances of the offense or delinquent act
and the condition of the victim, the victim's family, or the
victim's dependents indicate that the victim, the victim's family,
or the victim's dependents will not be able to understand the
significance of the pamphlet upon first contact with the agency,
and if the agency anticipates that it will have an additional
contact with the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or the victim's dependents a copy of the pamphlet upon first
contact with them and does not have a second contact with the
victim, the victim's family, or the victim's dependents, the
agency shall mail a copy of the pamphlet to the victim, the
victim's family, or the victim's dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division (B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9, 1994, until the official or agency has distributed all
of those copies. After the official or agency has distributed all
of those copies, the official or agency shall use only copies of
the pamphlet that contain at least the information described in
divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of law, assistant city director of law, village
solicitor, assistant village solicitor, or similar chief legal
officer of a municipal corporation or an assistant to any of those
officers to give, as required by division (B)(1) of this section,
the victim of an offense or delinquent act, the victim's family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to division (A) of this section does not give the victim,
the victim's family, the victim's dependents, or a victim's
representative any rights under section 2743.51 to 2743.72,
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the
Revised Code or under any other provision of the Revised Code and
does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting attorney, or a city director of law,
assistant city director of law, village solicitor, assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared
pursuant to division (A) of this section shall not be required to
distribute a copy of an information card or other printed material
provided by the clerk of the court of claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section
2919.26 of the Revised Code.
Sec. 307.93. (A) The boards of county commissioners of two
or more adjacent counties may contract for the joint establishment
of a multicounty correctional center, and the board of county
commissioners of a county or the boards of two or more counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or multicounty-municipal
correctional center. The center shall augment county and, where
applicable, municipal jail programs and facilities by providing
custody and rehabilitative programs for those persons under the
charge of the sheriff of any of the contracting counties or of the
officer or officers of the contracting municipal corporation or
municipal corporations having charge of persons incarcerated in
the municipal jail, workhouse, or other correctional facility who,
in the opinion of the sentencing court, need programs of custody
and rehabilitation not available at the county or municipal jail
and by providing custody and rehabilitative programs in accordance
with division (C) of this section, if applicable. The contract may
include, but need not be limited to, provisions regarding the
acquisition, construction, maintenance, repair, termination of
operations, and administration of the center. The contract shall
prescribe the manner of funding of, and debt assumption for, the
center and the standards and procedures to be followed in the
operation of the center. Except as provided in division (H) of
this section, the contracting counties and municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president a member of
the board of county commissioners of each participating county,
the presiding judge of the court of common pleas of each
participating county, or, if the court of common pleas of a
participating county has only one judge, then that judge, the
chief of police of each participating municipal corporation, and
the mayor or city manager of each participating municipal
corporation, and the presiding judge or the sole judge of the
municipal court of each participating municipal corporation. Any
of the foregoing officers may appoint a designee to serve in the
officer's place on the corrections commission. The standards and
procedures shall be formulated and agreed to by the commission and
may be amended at any time during the life of the contract by
agreement of the parties to the contract upon the advice of the
commission. The standards and procedures formulated by the
commission shall include, but need not be limited to, designation
of the person in charge of the center, designation of a fiscal
agent, the categories of employees to be employed at the center,
the appointing authority of the center, and the standards of
treatment and security to be maintained at the center. The person
in charge of, and all persons employed to work at, the center
shall have all the powers of police officers that are necessary
for the proper performance of the duties relating to their
positions at the center.
(B)(1) Upon the establishment of a corrections commission
under division (A) of this section, the judges specified in this
division shall form a judicial advisory board for the purpose of
making recommendations to the corrections commission on issues of
bed allocation, expansion of the center that the corrections
commission oversees, and other issues concerning the
administration of sentences or any other matter determined to be
appropriate by the board. The judges who shall form the judicial
advisory board for a corrections commission are the administrative
judge of the general division of the court of common pleas of each
county participating in the corrections center, the presiding
judge of the municipal court of each municipal corporation
participating in the corrections center, and the presiding judge
of each county court of each county participating in the
corrections center. If the number of the foregoing members of the
board is even, the county auditor or the county auditor of the
most populous county if the board serves more than one county
shall also be a member of the board. Any of the foregoing judges
may appoint a designee to serve in the judge's place on the
judicial advisory board, provided that the designee shall be a
judge of the same court as the judge who makes the appointment.
The judicial advisory board for a corrections commission shall
meet with the corrections commission at least once each year.
(2) Each board of county commissioners that enters a contract
under division (A) of this section may appoint a building
commission pursuant to section 153.21 of the Revised Code. If any
commissions are appointed, they shall function jointly in the
construction of a multicounty or multicounty-municipal
correctional center with all the powers and duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into a center established under this section of any persons who
are designated by the department of rehabilitation and correction,
who plead guilty to or are convicted of a felony of the fourth or
fifth degree, and who satisfy the other requirements listed in
section 5120.161 of the Revised Code, the corrections commission
of a center established under this section shall enter into an
agreement with the department of rehabilitation and correction
under section 5120.161 of the Revised Code for the custody and
rehabilitation in the center of persons who are designated by the
department, who plead guilty to or are convicted of a felony of
the fourth or fifth degree, and who satisfy the other requirements
listed in that section, in exchange for a per diem fee per person.
Persons incarcerated in the center pursuant to an agreement
entered into under this division shall be subject to supervision
and control in the manner described in section 5120.161 of the
Revised Code. This division does not affect the authority of a
court to directly sentence a person who is convicted of or pleads
guilty to a felony to the center in accordance with section
2929.16 of the Revised Code.
(D) Pursuant to section 2929.37 of the Revised Code, each
board of county commissioners and the legislative authority of
each municipal corporation that enters into a contract under
division (A) of this section may require a person who was
convicted of an offense, who is under the charge of the sheriff of
their county or of the officer or officers of the contracting
municipal corporation or municipal corporations having charge of
persons incarcerated in the municipal jail, workhouse, or other
correctional facility, and who is confined in the multicounty,
municipal-county, or multicounty-municipal correctional center as
provided in that division, to reimburse the applicable county or
municipal corporation for its expenses incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this section or
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the
corrections commission of a center may establish a policy that
complies with section 2929.38 of the Revised Code and that
requires any person who is not indigent and who is confined in the
multicounty, municipal-county, or multicounty-municipal
correctional center to pay a reception fee, a fee for medical
treatment or service requested by and provided to that person, or
the fee for a random drug test assessed under division (E) of
section 341.26 of the Revised Code.
(F)(1) The corrections commission of a center established
under this section may establish a commissary for the center. The
commissary may be established either in-house or by another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. A
person's purchases from the commissary shall be deducted from the
person's account record in the center's business office. The
commissary shall provide for the distribution to indigent persons
incarcerated in the center of necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and reserve
shall be considered profits. All profits from the commissary fund
shall be used to purchase supplies and equipment for the benefit
of persons incarcerated in the center and to pay salary and
benefits for employees of the center, or for any other persons,
who work in or are employed for the sole purpose of providing
service to the commissary. The corrections commission shall adopt
rules and regulations for the operation of any commissary fund it
establishes.
(G) In lieu of forming a corrections commission to administer
a multicounty correctional center or a municipal-county or
multicounty-municipal correctional center, the boards of county
commissioners and the legislative authorities of the municipal
corporations contracting to establish the center may also agree to
contract for the private operation and management of the center as
provided in section 9.06 of the Revised Code, but only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and legislative authorities establishing the center shall approve
and be parties to the contract.
(H) If a person who is convicted of or pleads guilty to an
offense is sentenced to a term in a multicounty correctional
center or a municipal-county or multicounty-municipal correctional
center or is incarcerated in the center in the manner described in
division (C) of this section, or if a person who is arrested for
an offense, and who has been denied bail or has had bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional center pending trial, at the time of reception and at
other times the officer, officers, or other person in charge of
the operation of the center determines to be appropriate, the
officer, officers, or other person in charge of the operation of
the center may cause the convicted or accused offender to be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the operation of the center may cause a convicted or
accused offender in the center who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another contagious disease to
be tested and treated involuntarily.
(I) As used in this section, "multicounty-municipal" means
more than one county and a municipal corporation, or more than one
municipal corporation and a county, or more than one municipal
corporation and more than one county.
Sec. 307.932. (A) As used in this section:
(1) "Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.
(2) "Eligible offender" means, in relation to a particular
community alternative sentencing center or district community
alternative sentencing center established and operated under
division (E) of this section, an offender who has been convicted
of or pleaded guilty to a qualifying misdemeanor offense, for whom
no provision of the Revised Code or ordinance of a municipal
corporation other than section 4511.19 of the Revised Code or an
ordinance of a municipal corporation that provides the penalties
for a municipal OVI offense of the municipal corporation requires
the imposition of a mandatory jail term for that qualifying
misdemeanor offense, and who is eligible to be sentenced directly
to that center and admitted to it under rules adopted under
division (G) of this section by the board of county commissioners
or affiliated group of boards of county commissioners that
established and operates that center.
(3) "Municipal OVI offense" has the same meaning as in
section 4511.181 of the Revised Code.
(4) "OVI term of confinement" means a term of confinement
imposed for a violation of section 4511.19 of the Revised Code or
for a municipal OVI offense, including any mandatory jail term or
mandatory term of local incarceration imposed for that violation
or offense.
(5) "Community residential sanction" means a community
residential sanction imposed under section 2929.26 of the Revised
Code for a misdemeanor violation of a section of the Revised Code
or a term of confinement imposed for a misdemeanor violation of a
municipal ordinance that is not a jail term.
(6) "Qualifying misdemeanor offense" means a violation of any
section of the Revised Code that is a misdemeanor or a violation
of any ordinance of a municipal corporation located in the county
that is a misdemeanor.
(B)(1) The board of county commissioners of any county, in
consultation with the sheriff of the county, may formulate a
proposal for a community alternative sentencing center that, upon
implementation by the county or being subcontracted to or operated
by a nonprofit organization, would be used for the confinement of
eligible offenders sentenced directly to the center by a court
located in the county pursuant to a community residential sanction
of not more than thirty days or pursuant to an OVI term of
confinement of not more than thirty days, and for the purpose of
closely monitoring those eligible offenders' adjustment to
community supervision. A board that formulates a proposal pursuant
to this division shall do so by resolution.
(2) The boards of county commissioners of two or more
adjoining or neighboring counties, in consultation with the
sheriffs of each of those counties, may affiliate and formulate by
resolution adopted by each of them a proposal for a district
community alternative sentencing center that, upon implementation
by the counties or being subcontracted to or operated by a
nonprofit organization, would be used for the confinement of
eligible offenders sentenced directly to the center by a court
located in any of those counties pursuant to a community
residential sanction of not more than thirty days or pursuant to
an OVI term of confinement of not more than thirty days, and for
the purpose of closely monitoring those eligible offenders'
adjustment to community supervision. Each board that affiliates
with one or more other boards to formulate a proposal pursuant to
this division shall formulate the proposal by resolution.
(C) Each proposal for a community alternative sentencing
center or a district community alternative sentencing center that
is formulated under division (B)(1) or (2) of this section shall
include proposals for operation of the center and for criteria to
define which offenders are eligible to be sentenced directly to
the center and admitted to it. At a minimum, the proposed criteria
that define which offenders are eligible to be sentenced directly
to the center and admitted to it shall provide all of the
following:
(1) That an offender is eligible to be sentenced directly to
the center and admitted to it if the offender has been convicted
of or pleaded guilty to a qualifying misdemeanor offense and is
sentenced directly to the center for the qualifying misdemeanor
offense pursuant to a community residential sanction of not more
than thirty days or pursuant to an OVI term of confinement of not
more than thirty days by a court that is located in the county or
one of the counties served by the board of county commissioners or
by any of the affiliated group of boards of county commissioners
that submits the proposal;
(2) That no offender is eligible to be sentenced directly to
the center or admitted to it if, in addition to the community
residential sanction or OVI term of confinement described in
division (C)(1) of this section, the offender is serving or has
been sentenced to serve any other jail term, prison term, or
community residential sanction.
(D)(1) If a board of county commissioners formulates a
proposal for a community alternative sentencing center pursuant to
division (B)(1) of this section or an affiliated group of boards
of county commissioners formulates a proposal for a district
community alternative sentencing center pursuant to division
(B)(2) of this section, prior to establishing or operating the
center, the board or the affiliated group of boards shall submit
the proposal for certification to the division of parole and
community services of the department of rehabilitation and
correction for approval and certification pursuant to division (F)
of section 5120.10 of the Revised Code. The division may approve
and certify a center as a suitable facility for the care and
treatment of adult offenders only if the center complies with the
standards for the certification of the centers that the division
adopts by rule in accordance with Chapter 119. of the Revised
Code. The division shall inspect each center to which a proposal
submitted under this division applies and annually shall inspect
each center established or operated under an approved and
certified proposal to determine if the proposed or certified
center is in compliance with the certification standards. A board
or affiliated group of boards shall not establish or operate a
center without the division's approval and certification. The
approval and certification of a center by the division is not a
requirement for, and is not an affirmation that the division or
the department of rehabilitation and correction must or will
provide, funding for the operation of the center.
(2) If a proposal for a community alternative sentencing
center or a district community alternative sentencing center that
is formulated under division (B)(1) or (2) of this section
contemplates the use of an existing facility, or a part of an
existing facility, as the center, nothing in this section limits,
restricts, or precludes the use of the facility, the part of the
facility, or any other part of the facility for any purpose other
than as a community alternative sentencing center or district
community alternative sentencing center.
(E) Upon approval and certification by the division of parole
and community services of a proposal for a community alternative
sentencing center or for a district community alternative
sentencing center submitted to the division under division (D) of
this section, the board of county commissioners or the affiliated
group of boards of county commissioners that submitted the
proposal may establish and operate the center in accordance with
the approved and certified proposal, division (G) of this section,
and rules adopted under that division. The establishment and
operation of the center may be done by subcontracting with a
nonprofit organization for the operation of the center.
If a board of county commissioners or an affiliated group of
boards of county commissioners establishes and operates a
community alternative sentencing center or district community
alternative sentencing center under this division, except as
otherwise provided in this division, the center is not a minimum
security jail under section 341.14, section 753.21, or any other
provision of the Revised Code, is not a jail or alternative
residential facility as defined in section 2929.01 of the Revised
Code, is not required to satisfy or comply with minimum standards
for minimum security jails or other jails that are promulgated
under division (A) of section 5120.10 of the Revised Code, is not
a local detention facility as defined in section 2929.36 of the
Revised Code, and is not a residential unit as defined in section
2950.01 of the Revised Code. The center is a detention facility as
defined in sections 2921.01 and 2923.124 of the Revised Code, and
an eligible offender confined in the center is under detention as
defined in section 2921.01 of the Revised Code. Regarding persons
sentenced directly to the center under an OVI term of confinement,
the center shall be considered a "jail" or "local correctional
facility" for purposes of any provision in section 4511.19 of the
Revised Code or in an ordinance of a municipal corporation that
requires a mandatory jail term or mandatory term of local
incarceration for the violation of section 4511.19 of the Revised
Code or the municipal OVI offense, and a direct sentence of a
person to the center under an OVI term of confinement shall be
considered to be a sentence to a "jail" or "local correctional
facility" for purposes of any such provision in section 4511.19 of
the Revised Code or in an ordinance of a municipal corporation.
(F)(1) If the board of county commissioners of a county that
is being served by a community alternative sentencing center
established pursuant to division (E) of this section determines
that it no longer wants to be served by the center, the board may
dissolve the center by adopting a resolution evidencing the
determination to dissolve the center and notifying, in writing,
the division of parole and community services of the determination
to dissolve the center.
(2) If the boards of county commissioners of all of the
counties served by any district community alternative sentencing
center established pursuant to division (E) of this section
determine that they no longer want to be served by the center, the
boards may dissolve the center by adopting in each county a
resolution evidencing the determination to dissolve the center and
notifying, in writing, the division of parole and community
services of the determination to dissolve the center.
(3) If at least one, but not all, of the boards of county
commissioners of the counties being served by any district
community alternative sentencing center established pursuant to
division (E) of this section determines that it no longer wants to
be served by the center, the board may terminate its involvement
with the center by adopting a resolution evidencing the
determination to terminate its involvement with the center and
notifying, in writing, the division of parole and community
services of the determination to terminate its involvement with
the center. If at least one, but not all, of the boards of county
commissioners of the counties being served by any community
alternative sentencing center terminates its involvement with the
center in accordance with this division, the other boards of
county commissioners of the counties being served by the center
may continue to be served by the center.
(G) Upon approval and certification by the division of parole
and community services of a proposal for a community alternative
sentencing center or for a district community alternative
sentencing center submitted to it under division (D) of this
section, prior to establishing or operating the center, the board
of county commissioners or the affiliated group of boards of
county commissioners that submitted the proposal shall adopt rules
for the operation of the center. The rules shall include criteria
that define which offenders are eligible to be sentenced directly
to the center and admitted to it and the criteria so included
shall be consistent with the proposed criteria included in the
proposal approved and certified by the division.
(H) If a board of county commissioners establishes and
operates a community alternative sentencing center under division
(E) of this section, or an affiliated group of boards of county
commissioners establishes and operates a district community
alternative sentencing center under that division, all of the
following apply:
(1) Any court located within the county served by the board
that establishes and operates a community correctional center may
directly sentence eligible offenders to the center pursuant to a
community residential sanction of not more than thirty days or
pursuant to an OVI term of confinement of not more than thirty
days. Any court located within a county served by any of the
boards that establishes and operates a district community
correctional center may directly sentence eligible offenders to
the center pursuant to a community residential sanction of not
more than thirty days or pursuant to an OVI term of confinement of
not more than thirty days.
(2) Each eligible offender who is sentenced to the center as
described in division (H)(1) of this section and admitted to it
shall be offered during the eligible offender's confinement at the
center educational and vocational services and reentry planning
and may be offered any other treatment and rehabilitative services
that are available and that the court that sentenced the
particular eligible offender to the center and the administrator
of the center determine are appropriate based upon the offense for
which the eligible offender was sentenced to the community
residential sanction and the length of the sanction.
(3) Before accepting an eligible offender sentenced to the
center by a court, the board or the affiliated group of boards
shall enter into an agreement with a political subdivision that
operates that court that addresses the cost and payment of medical
treatment or services received by eligible offenders sentenced by
that court while they are confined in the center. The agreement
may provide for the payment of the costs by the particular
eligible offender who receives the treatment or services, as
described in division (I) of this section.
(4) If a court sentences an eligible offender to a center
under authority of division (H)(1) of this section, immediately
after the sentence is imposed, the eligible offender shall be
taken to the probation department that serves the court. The
department shall handle any preliminary matters regarding the
admission of the eligible offender to the center, including a
determination as to whether the eligible offender may be admitted
to the center under the criteria included in the rules adopted
under division (G) of this section that define which offenders are
eligible to be sentenced and admitted to the center. If the
eligible offender is accepted for admission to the center, the
department shall schedule the eligible offender for the admission
and shall provide for the transportation of the offender to the
center. If an eligible offender who is sentenced to the center
under a community residential sanction is not accepted for
admission to the center for any reason, the nonacceptance shall be
considered a violation of a condition of the community residential
sanction, the eligible offender shall be taken before the court
that imposed the sentence, and the court may proceed as specified
in division (C)(2) of section 2929.25 of the Revised Code based on
the violation or as provided by ordinance of the municipal
corporation based on the violation, whichever is applicable. If an
eligible offender who is sentenced to the center under an OVI term
of confinement is not accepted for admission to the center for any
reason, the eligible offender shall be taken before the court that
imposed the sentence, and the court shall determine the place at
which the offender is to serve the term of confinement. If the
eligible offender is admitted to the center, all of the following
apply:
(a) The admission shall be under the terms and conditions
established by the court and the administrator of the center, and
the court and the administrator of the center shall provide for
the confinement of the eligible offender and supervise the
eligible offender as provided in divisions (H)(4)(b) to (f) of
this section.
(b) The eligible offender shall be confined in the center
during any period of time that the eligible offender is not
actually working at the eligible offender's approved work release
described in division (H)(4)(c) of this section, engaged in
community service activities described in division (H)(4)(d) of
this section, engaged in authorized vocational training or another
authorized educational program, engaged in another program
designated by the administrator of the center, or engaged in other
activities approved by the court and the administrator of the
center.
(c) If the court and the administrator of the center
determine that work release is appropriate based upon the offense
for which the eligible offender was sentenced to the community
residential sanction or OVI term of confinement and the length of
the sanction or term, the eligible offender may be offered work
release from confinement at the center and be released from
confinement while engaged in the work release.
(d) If the administrator of the center determines that
community service is appropriate and if the eligible offender will
be confined for more than ten days at the center, the eligible
offender may be required to participate in community service
activities approved by the political subdivision served by the
court. Community service activities that may be required under
this division may take place in facilities of the political
subdivision that operates the court, in the community, or in both
such locales. The eligible offender shall be released from
confinement while engaged in the community service activities.
Community service activities required under this division shall be
supervised by the court or an official designated by the board of
county commissioners or affiliated group of boards of county
commissioners that established and is operating the center.
Community service activities required under this division shall
not exceed in duration the period for which the eligible offender
will be confined at the center under the community residential
sanction or the OVI term of confinement.
(e) The confinement of the eligible offender in the center
shall be considered for purposes of this division and division
(H)(4)(f) of this section as including any period of time
described in division (H)(4)(b) of this section when the eligible
offender may be outside of the center and shall continue until the
expiration of the community residential sanction or OVI term of
confinement that the eligible offender is serving upon admission
to the center.
(f) After the admission and until the expiration of the
community residential sanction or OVI term of confinement that the
eligible offender is serving upon admission to the center, the
eligible offender shall be considered for purposes of any
provision in Title XXIX of the Revised Code to be serving the
community residential sanction or OVI term of confinement.
(5) The administrator of the center, or the administrator's
designee, shall post a sign as described in division (A)(4) of
section 2923.1212 of the Revised Code in a conspicuous location at
the center.
(I) The board of county commissioners that establishes and
operates a community alternative sentencing center under division
(E) of this section, or the affiliated group of boards of county
commissioners that establishes and operates a district community
alternative sentencing center under that division, may require an
eligible offender who is sentenced directly to the center and
admitted to it to pay to the county served by the board or the
counties served by the affiliated group of boards or the entity
operating the center the reasonable expenses incurred by the
county or counties, whichever is applicable, in supervising or
confining the eligible offender after being sentenced to the
center and admitted. Inability to pay those reasonable expenses
shall not be grounds for refusing to admit an otherwise eligible
offender to the center.
(J)(1) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center
successfully completes the service of the community residential
sanction in the center, the administrator of the center shall
notify the court that imposed the sentence, and the court shall
enter into the journal that the eligible offender successfully
completed the service of the sanction.
(2) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center violates
any rule established under this section by the board of county
commissioners or the affiliated group of boards of county
commissioners that establishes and operates the center, violates
any condition of the community residential sanction or OVI term of
confinement imposed by the sentencing court, or otherwise does not
successfully complete the service of the community residential
sanction or OVI term of confinement in the center, the
administrator of the center shall report the violation or failure
to successfully complete the sanction or term directly to the
court or to the probation department or probation officer with
general control and supervision over the eligible offender. A
failure to successfully complete the service of the community
residential sanction or OVI term of confinement in the center
shall be considered a violation of a condition of the community
residential sanction or the OVI term of confinement. If the
administrator reports the violation to the probation department or
probation officer, the department or officer shall report the
violation to the court. Upon its receipt under this division of a
report of a violation or failure to complete the sanction by a
person sentenced to the center under a community residential
sanction, the court may proceed as specified in division (C)(2) of
section 2929.25 of the Revised Code based on the violation or as
provided by ordinance of the municipal corporation based on the
violation, whichever is applicable. Upon its receipt under this
division of a report of a violation or failure to complete the
term by a person sentenced to the center under an OVI term of
confinement, the court shall determine the place at which the
offender is to serve the remainder of the term of confinement. The
eligible offender shall receive credit towards completing the
eligible offender's sentence for the time spent in the center
after admission to it.
Sec. 309.18. (A) If a prosecuting attorney of a county
receives notice from the department of rehabilitation and
correction pursuant to section 5120.14 of the Revised Code that a
person indicted in that county for an offense of violence that is
a felony has escaped from a correctional institution under the
control of the department or otherwise has escaped from the
custody of the department, receives notice from the sheriff of the
county pursuant to section 341.011 of the Revised Code that a
person indicted for or otherwise charged with an offense of
violence that is a felony and that was committed in the county has
escaped from the county jail or workhouse or otherwise has escaped
from the custody of the sheriff, or receives notice from a chief
of police or other chief law enforcement officer of a municipal
corporation pursuant to section 753.19 of the Revised Code that a
person indicted for or otherwise charged with an offense of
violence that is a felony and that was committed in the county has
escaped from a jail or workhouse of that municipal corporation or
otherwise has escaped from the custody of that municipal
corporation, the prosecuting attorney shall notify each victim of
an offense of violence that is a felony committed by that person
of the person's escape and, if applicable, of his the person's
subsequent apprehension. The notice of escape shall be given as
soon as possible after receipt of the notice from the department,
sheriff, or chief law enforcement officer of the municipal
corporation and shall be given by telephone or in person, except
that, if a prosecuting attorney tries and fails to give the notice
of escape by telephone at the victim's last known telephone number
or tries and fails to give the notice of escape in person at the
victim's last known address, the notice of escape shall be given
to the victim at his
the victim's last known address by certified
mail, return receipt requested. The notice of apprehension shall
be given as soon as possible after the person is apprehended and
shall be given in the same manner as is the notice of escape.
Any prosecuting attorney who fails to give any notice
required by this section division is immune from civil liability
for any injury, death, or loss to person or property that might be
incurred as a result of that failure to give notice.
(B) If a prosecuting attorney of a county receives notice
from the department of rehabilitation and correction pursuant to
section 5120.14 of the Revised Code or otherwise receives notice
from the department that a person who was convicted of or pleaded
guilty in that county to an offense of violence that is a felony
has escaped from a correctional institution under the control of
the department or otherwise has escaped from the custody of the
department, and if the office of victim services of the department
requests assistance from the prosecuting attorney in identifying
and locating the victim of the offense, the prosecuting attorney
promptly shall provide the information requested, if available, to
the office of victim services.
Sec. 341.12. In a county not having a sufficient jail or
staff, the sheriff shall convey any person charged with the
commission of an offense, sentenced to imprisonment in the county
jail, or in custody upon civil process to a jail in any county the
sheriff considers most convenient and secure. In the case of a
person who has been charged with an offense and is being held
pending trial As used in this paragraph, any county includes a
contiguous county in an adjoining state.
The sheriff may call such aid as is necessary in guarding,
transporting, or returning such person. Whoever neglects or
refuses to render such aid, when so called upon, shall forfeit and
pay the sum of ten dollars, to be recovered by an action in the
name and for the use of the county.
Such sheriff and his assistants shall receive such
compensation for their services as the county auditor of the
county from which such person was removed considers reasonable.
The compensation shall be paid from the county treasury on the
warrant of the auditor.
The receiving sheriff shall not, pursuant to this section,
convey the person received to any county other than the one from
which the person was removed.
Sec. 926.99. (A)(1) Except as provided in division (A)(2) of
this section, whoever violates section 926.04 of the Revised Code
is guilty of a misdemeanor of the first degree on a first offense
and a felony of the fifth degree on each subsequent offense.
(2) A person who violates section 926.04 of the Revised Code
and who is insolvent and financially unable to satisfy a claimant
as defined in section 926.021 of the Revised Code is guilty of a
felony of the fifth degree if the financial obligation owed by the
offender to the claimant is five hundred one thousand dollars or
more and is less than five seven thousand five hundred dollars. If
the financial obligation is
five seven thousand five hundred
dollars or more and is less than one hundred fifty thousand
dollars, the offender is guilty of a felony of the fourth degree.
If the financial obligation is one hundred
fifty thousand dollars
or more, the offender is guilty of a felony of the third degree.
(B) Whoever violates division (E) or (F) of section 926.20 or
division (A) of section 926.22 of the Revised Code is guilty of a
minor misdemeanor on a first offense and a misdemeanor of the
second degree on each subsequent offense.
(C) Whoever violates division (G) of section 926.20 or
section 926.34 or 926.35 of the Revised Code is guilty of a felony
of the fourth degree.
(D) Whoever violates division (A) of section 926.28 or
division (B) of section 926.29 of the Revised Code is guilty of a
felony of the fifth degree.
(E) Whoever violates section 926.31 of the Revised Code is
guilty of a misdemeanor of the fourth degree.
Sec. 1333.99. (A) Whoever violates sections 1333.01 to
1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 or 1333.71 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code is
guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain any
person found in violation of section 1333.36 of the Revised Code.
Upon the filing of such an action, the common pleas court may
receive evidence of such violation and forthwith grant a temporary
restraining order as may be prayed for, pending a hearing on the
merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or
section 1333.81 of the Revised Code is guilty of a misdemeanor of
the first degree.
(F) Whoever violates division (A)(2) or (B) of section
1333.52 of the Revised Code is guilty of a misdemeanor of the
second degree.
(G) Except as otherwise provided in this division, whoever
violates section 1333.92 of the Revised Code is guilty of a
misdemeanor of the first degree. If the value of the compensation
is five hundred one thousand dollars or more and less than five
seven thousand
five hundred dollars, whoever violates section
1333.92 of the Revised Code is guilty of a felony of the fifth
degree. If the value of the compensation is five seven thousand
five hundred dollars or more and less than one hundred fifty
thousand dollars, whoever violates section 1333.92 of the Revised
Code is guilty of a felony of the fourth degree. If the value of
the compensation is one hundred fifty thousand dollars or more,
whoever violates section 1333.92 of the Revised Code is guilty of
a felony of the third degree.
Sec. 1707.99. Whoever commits any act described in division
(A) of section 1707.042 or section 1707.44 of the Revised Code is
guilty of a violation of sections 1707.01 to 1707.45 of the
Revised Code and the following apply to the offender:
(A) If the value of the funds or securities involved in the
offense or the loss to the victim is less than five hundred
one
thousand dollars, the offender is guilty of a felony of the fifth
degree, and the court may impose upon the offender an additional
fine of not more than two thousand five hundred dollars.
(B) If the value of the funds or securities involved in the
offense or the loss to the victim is five hundred
one thousand
dollars or more but less than five seven thousand five hundred
dollars, the offender is guilty of a felony of the fourth degree,
and the court may impose upon the offender an additional fine of
not more than five thousand dollars.
(C) If the value of the funds or securities involved in the
offense or the loss to the victim is five seven thousand five
hundred dollars or more but less than
twenty-five thirty-seven
thousand five hundred dollars, the offender is guilty of a felony
of the third degree, and the court may impose upon the offender an
additional fine of not more than ten thousand dollars.
(D) If the value of the funds or securities involved in the
offense or the loss to the victim is twenty-five
thirty-seven
thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, the offender is guilty of a felony of the
second degree, and the court may impose upon the offender an
additional fine of not more than fifteen thousand dollars.
(E) If the value of the funds or securities involved in the
offense or the loss to the victim is one hundred fifty thousand
dollars or more, the offender is guilty of a felony of the first
degree, and the court may impose upon the offender an additional
fine of not more than twenty thousand dollars.
Sec. 1716.99. (A) Whoever violates any provision of sections
1716.02 to 1716.17 of the Revised Code, other than division (A)(1)
of section 1716.14 of the Revised Code, is guilty of a misdemeanor
of the first degree.
Each occurrence of a solicitation of a contribution from any
person in violation of any provision of sections 1716.02 to
1716.17 of the Revised Code, other than division (A)(1) of section
1716.14 of the Revised Code, is considered a separate offense.
(B)(1) Whoever violates division (A)(1) of section 1716.14 of
the Revised Code is guilty of solicitation fraud and shall be
punished as provided in divisions (B)(2) to (4) of this section.
(2) Except as otherwise provided in division (B)(4) of this
section, division (B)(3) of this section applies to solicitation
fraud, and solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions (B)(2)(b) to
(d) of this section, a misdemeanor of the first degree or, if the
offender previously has been convicted of or pleaded guilty to a
theft offense or a violation of division (A)(1) of section 1716.14
of the Revised Code, a felony of the fifth degree.
(b) If the value of the contribution or contributions made in
the violation is five hundred
one thousand dollars or more but
less than
five seven thousand five hundred dollars, a felony of
the fifth degree or, if the offender previously has been convicted
of or pleaded guilty to a theft offense or a violation of division
(A)(1) of section 1716.14 of the Revised Code, a felony of the
fourth degree.
(c) If the value of the contribution or contributions made in
the violation is five seven thousand five hundred dollars or more
but less than one hundred fifty thousand dollars, a felony of the
fourth degree or, if the offender previously has been convicted of
or pleaded guilty to a theft offense or a violation of division
(A)(1) of section 1716.14 of the Revised Code, a felony of the
third degree.
(d) If the value of the contribution or contributions made in
the violation is one hundred fifty thousand dollars or more, a
felony of the third degree.
(3) When an offender commits a series of offenses in
violation of division (A)(1) of section 1716.14 of the Revised
Code as part of a common scheme or plan to defraud multiple
victims, all of the offenses may be tried as a single offense. If
the offenses are tried as a single offense, the value of the
contributions for purposes of determining the value as required by
division (B)(2) of this section is the aggregate value of all
contributions involved in all offenses in the common scheme or
plan to defraud multiple victims. In prosecuting a single offense
under this division, it is not necessary to separately allege and
prove each offense in the series. Rather, it is sufficient to
allege and prove that the offender, within a given span of time,
committed one or more offenses as part of a common scheme or plan
to defraud multiple victims as described in this division.
(4) If the victim of the offense is an elderly person or
disabled adult, division (B)(4) of this section and section
2913.61 of the Revised Code apply to solicitation fraud, and
solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions (B)(4)(b) to
(d) of this section, a felony of the fifth degree;
(b) If the value of the contributions made in the violation
is
five hundred
one thousand dollars or more and is less than
five
seven thousand five hundred dollars, a felony of the fourth
degree;
(c) If the value of the contributions made in the violation
is
five seven thousand five hundred dollars or more and is less
than twenty-five
thirty-seven thousand five hundred dollars, a
felony of the third degree;
(d) If the value of the contributions made in the violation
is
twenty-five thirty-seven thousand five hundred dollars or more,
a felony of the second degree.
(C) Any person who is found guilty of any act or omission
prohibited under this chapter shall forfeit the bond described in
section 1716.05 or 1716.07 of the Revised Code to the state
treasury to the credit of the charitable law fund established
under section 109.32 of the Revised Code and shall be prohibited
from registering with the attorney general or from serving as a
fund-raising counsel or professional solicitor in this state for a
period of five years after conviction.
Sec. 2151.312. (A) A child alleged to be or adjudicated an
unruly child may be held only in the following places:
(1) A certified family foster home or a home approved by the
court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code, a child alleged to be or adjudicated
a neglected child, an abused child, a dependent child, or an
unruly child may not be held in any of the following facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A secure correctional facility.
(2) Except as provided under sections 2151.26 2151.27 to
2151.61 2151.59 of the Revised Code and division (B)(3) of this
section and except when a case is transferred under section
2152.12 of the Revised Code, a child alleged to be or adjudicated
an unruly child may not be held for more than twenty-four hours in
a detention facility. A child alleged to be or adjudicated a
neglected child, an abused child, or a dependent child shall not
be held in a detention facility.
(3) A child who is alleged to be or adjudicated an unruly
child and who is taken into custody on a Saturday, Sunday, or
legal holiday, as listed in section 1.14 of the Revised Code, may
be held in a detention facility until the next succeeding day that
is not a Saturday, Sunday, or legal holiday.
Sec. 2151.351. Sections 2152.51 to 2152.59 of the Revised
Code relating to a child's ability to understand the nature and
objectives of a proceeding against the child and to assist in the
child's defense apply in any proceeding under this chapter that is
based on a complaint alleging that a child is an unruly child or a
juvenile traffic offender.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may:
(1) Make any of the dispositions authorized under section
2151.353 of the Revised Code;
(2) Place the child on community control under any sanctions,
services, and conditions that the court prescribes, as described
in division (A)(4) of section 2152.19 of the Revised Code,
provided that, if the court imposes a period of community service
upon the child, the period of community service shall not exceed
one hundred seventy-five hours;
(3) Suspend the driver's license, probationary driver's
license, or temporary instruction permit issued to the child for a
period of time prescribed by the court and suspend the
registration of all motor vehicles registered in the name of the
child for a period of time prescribed by the court. A child whose
license or permit is so suspended is ineligible for issuance of a
license or permit during the period of suspension. At the end of
the period of suspension, the child shall not be reissued a
license or permit until the child has paid any applicable
reinstatement fee and complied with all requirements governing
license reinstatement.
(4) Commit the child to the temporary or permanent custody of
the court;
(5) Make any further disposition the court finds proper that
is consistent with sections 2151.312 and 2151.56 to 2151.61
2151.59 of the Revised Code;
(6) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of
the Revised Code that is consistent with sections 2151.312 and
2151.56 to
2151.61 2151.59 of the Revised Code.
(B) If a child is adjudicated an unruly child for committing
any act that, if committed by an adult, would be a drug abuse
offense, as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code,
in addition to imposing, in its discretion, any other order of
disposition authorized by this section, the court shall do both of
the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend the temporary instruction permit, probationary
driver's license, or driver's license issued to the child for a
period of time prescribed by the court. The court, in its
discretion, may terminate the suspension if the child attends and
satisfactorily completes a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court. During
the time the child is attending a program as described in this
division, the court shall retain the child's temporary instruction
permit, probationary driver's license, or driver's license, and
the court shall return the permit or license if it terminates the
suspension.
(C)(1) If a child is adjudicated an unruly child for being an
habitual truant, in addition to or in lieu of imposing any other
order of disposition authorized by this section, the court may do
any of the following:
(a) Order the board of education of the child's school
district or the governing board of the educational service center
in the child's school district to require the child to attend an
alternative school if an alternative school has been established
pursuant to section 3313.533 of the Revised Code in the school
district in which the child is entitled to attend school;
(b) Require the child to participate in any academic program
or community service program;
(c) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(d) Require that the child receive appropriate medical or
psychological treatment or counseling;
(e) Make any other order that the court finds proper to
address the child's habitual truancy, including an order requiring
the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for five or more
consecutive days, seven or more school days in one school month,
or twelve or more school days in a school year and including an
order requiring the child to participate in a truancy prevention
mediation program.
(2) If a child is adjudicated an unruly child for being an
habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of
disposition authorized by this section, all of the following
apply:
(a) The court may require the parent, guardian, or other
person having care of the child to participate in any community
service program, preferably a community service program that
requires the involvement of the parent, guardian, or other person
having care of the child in the school attended by the child.
(b) The court may require the parent, guardian, or other
person having care of the child to participate in a truancy
prevention mediation program.
(c) The court shall warn the parent, guardian, or other
person having care of the child that any subsequent adjudication
of the child as an unruly or delinquent child for being an
habitual or chronic truant may result in a criminal charge against
the parent, guardian, or other person having care of the child for
a violation of division (C) of section 2919.21 or section 2919.24
of the Revised Code.
Sec. 2151.56. The "interstate compact for juveniles" is
hereby ratified, enacted into law, and entered into by the state
of Ohio as a party to the compact with any other state that has
legally joined in the compact as follows:
INTERSTATE COMPACT FOR JUVENILES
Article I -- Purpose
The compacting states to this interstate compact for
juveniles recognize that each state is responsible for the proper
supervision or return of juveniles, delinquents, and status
offenders who are on probation or parole and who have absconded,
escaped, or run away from supervision and control and in so doing
have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible
for the safe return of juveniles who have run away from home and
in doing so have left their state of residence. The compacting
states also recognize that congress, by enacting the Crime Control
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the
prevention of crime.
It is the policy of the compacting states that the activities
conducted by the interstate commission for juveniles created by
this compact are the formation of public policies and therefore
are public business. Furthermore, the compacting states shall
cooperate and observe their individual and collective duties and
responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this
compact shall be reasonably and liberally construed to accomplish
the purposes and policies of the compact.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states, to do all of the
following:
(A) Ensure that the adjudicated juveniles and status
offenders subject to this compact are provided adequate
supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;
(B) Ensure that the public safety interests of the citizens,
including the victims of juvenile offenders, in both the sending
and receiving states are adequately protected;
(C) Return juveniles who have run away, absconded, or escaped
from supervision or control or have been accused of an offense to
the state requesting their return;
(D) Make contracts for the cooperative institutionalization
in public facilities in member states for delinquent youth needing
special services;
(E) Provide for the effective tracking and supervision of
juveniles;
(F) Equitably allocate the costs, benefits, and obligations
of the compacting states;
(G) Establish procedures to manage the movement between
states of juvenile offenders released to the community under the
jurisdiction of courts, juvenile departments, or any other
criminal or juvenile justice agency that has jurisdiction over
juvenile offenders;
(H) Ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state
lines;
(I) Establish procedures to resolve pending charges, such as
detainers, against juvenile offenders prior to transfer or release
to the community under the terms of this compact;
(J) Establish a system of uniform data collection on
information pertaining to juveniles subject to this compact that
allows access by authorized juvenile justice and criminal justice
officials and regular reporting of compact activities to heads of
state executive, judicial, and legislative branches and juvenile
justice and criminal justice administrators;
(K) Monitor compliance with rules governing interstate
movement of juveniles and initiate interventions to address and
correct noncompliance;
(L) Coordinate training and education regarding the
regulation of interstate movement of juveniles for officials
involved in such activity;
(M) Coordinate the implementation and operation of this
compact with the interstate compact for the placement of children,
the interstate compact for adult offender supervision, and other
compacts affecting juveniles, particularly in those cases where
concurrent or overlapping supervision issues arise.
Article II -- Definitions
As used in this compact, unless the context clearly requires
a different construction:
(A) "Bylaws" means those bylaws established by the interstate
commission for its governance or for directing or controlling its
actions or conduct.
(B) "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact
who is responsible for the administration and management of the
state's supervision and transfer of juveniles subject to the terms
of this compact, the rules adopted by the interstate commission
under this compact, and policies adopted by the state council
under this compact.
(C) "Compacting state" means any state that has enacted the
enabling legislation for this compact.
(D) "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this
compact.
(E) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(F) "Interstate commission for juveniles" or "interstate
commission" means the interstate commission for juveniles created
by Article III of this compact.
(G) "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the interstate commission,
including any of the following:
(1) An "accused delinquent," which means a person charged
with a violation of a law or municipal ordinance that, if
committed by an adult, would be a criminal offense;
(2) An "adjudicated delinquent," which means a person found
to have committed a violation of a law or municipal ordinance
that, if committed by an adult, would be a criminal offense;
(3) An "accused status offender," which means a person
charged with a violation of a law or municipal ordinance that
would not be a criminal offense if committed by an adult;
(4) An "adjudicated status offender," which means a person
found to have committed a violation of a law or municipal
ordinance that would not be a criminal offense if committed by an
adult;
(5) A "nonoffender," which means a person in need of
supervision who is not an accused or adjudicated status offender
or delinquent.
(H) "Noncompacting state" means any state that has not
enacted the enabling legislation for this compact.
(I) "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
(J) "Rule" means a written statement by the interstate
commission promulgated pursuant to Article VI of this compact that
is of general applicability, that implements, interprets, or
prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the
interstate commission, and that has the force and effect of
statutory law in a compacting state, and includes the amendment,
repeal, or suspension of an existing rule.
(K) "State" means a state of the United States, the District
of Columbia or its designee, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
Article III -- Interstate Commission for Juveniles
(A) The compacting states hereby create the "interstate
commission for juveniles." The commission shall be a body
corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties
set forth in this compact, and any additional powers that may be
conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms
of this compact.
(B) The interstate commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state
and in consultation with the state council for interstate juvenile
supervision created in the state in accordance with this compact.
The commissioners are the voting representatives of each state.
The commissioner for a state shall be the compact administrator or
designee from that state who shall serve on the interstate
commission in such capacity under or pursuant to the applicable
law of the compacting state.
(C) In addition to the commissioners, the interstate
commission also shall include individuals who are not
commissioners but who are members of interested organizations. The
noncommissioner members shall include a member of the national
organizations of governors, legislators, state chief justices,
attorneys general, interstate compact for adult offender
supervision, interstate compact for the placement of children,
juvenile justice and juvenile corrections officials, and crime
victims. All noncommissioner members of the interstate commission
shall be ex officio, nonvoting members. The interstate commission
may provide in its bylaws for such additional ex officio,
nonvoting members, including members of other national
organizations, in such numbers as shall be determined by the
commission.
(D) Each compacting state represented at any meeting of the
interstate commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
interstate commission.
(E) The interstate commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of
all meetings, and all meetings, shall be open to the public.
(F) The interstate commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the interstate commission's bylaws. The
executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate
commission is not in session, with the exception of any rulemaking
or amendment to the compact. The executive committee shall do all
of the following:
(1) Oversee the day-to-day activities of the administration
of the compact, managed by an executive director and interstate
commission staff;
(2) Administer enforcement and compliance with the provisions
of this compact and the interstate commission's bylaws and rules;
(3) Perform any other duties as directed by the interstate
commission or set forth in its bylaws.
(G) Each member of the interstate commission shall have the
right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
interstate commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council for
interstate juvenile supervision for the state, shall appoint
another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting. The interstate
commission's bylaws may provide for members' participation in
meetings by telephone or other means of telecommunication or
electronic communication.
(H) The interstate commission's bylaws shall establish
conditions and procedures under which the interstate commission
shall make its information and official records available to the
public for inspection or copying. The interstate commission may
exempt from disclosure any information or official records to the
extent the information or official records would adversely affect
personal privacy rights or proprietary interests.
(I) Public notice shall be given of all meetings of the
interstate commission, and all of its meetings shall be open to
the public, except as set forth in the commission's rules or as
otherwise provided in this compact. The interstate commission and
any of its committees may close a meeting to the public when it
determines by two-thirds vote that an open meeting would be likely
to do any of the following:
(1) Relate solely to the interstate commission's internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by
statute;
(3) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(4) Involve accusing any person of a crime or formally
censuring any person;
(5) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(6) Disclose investigative records compiled for law
enforcement purposes;
(7) Disclose information contained in or related to
examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated person or entity for the purpose of
regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which
would significantly endanger the stability of a regulated person
or entity;
(9) Specifically relate to the interstate commission's
issuance of a subpoena or its participation in a civil action or
other legal proceeding.
(J) For every meeting closed pursuant to division (I) of this
Article of this compact, the interstate commission's legal counsel
shall publicly certify that, in the legal counsel's opinion, the
meeting may be closed to the public and shall reference each
relevant exemptive provision. The interstate commission shall keep
minutes that fully and clearly describe all matters discussed in
any meeting and that provide a full and accurate summary of any
actions taken, and the reasons for the actions, including a
description of each of the views expressed on any item and the
record of any roll call vote (reflected in the vote of each member
on the question). All documents considered in connection with any
action shall be identified in those minutes.
(K) The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed
through its rules, which shall specify the data to be collected,
the means of collection and data exchange, and reporting
requirements. Such methods of data collection, exchange, and
reporting shall insofar as is reasonably possible conform to
up-to-date technology and coordinate the interstate commission's
information functions with the appropriate repository of records.
Article IV -- Powers and Duties of the Interstate Commission
The interstate commission shall maintain its corporate books
and records in accordance with its bylaws.
The interstate commission shall have all of the following
powers and duties:
(A) To provide for dispute resolution among compacting
states;
(B) To promulgate rules to affect the purposes and
obligations as enumerated in this compact, which rules shall have
the force and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner provided in this
compact;
(C) To oversee, supervise, and coordinate the interstate
movement of juveniles, subject to the terms of this compact and
any bylaws adopted and rules promulgated by the interstate
commission;
(D) To enforce compliance with the provisions of this
compact, the rules promulgated by the interstate commission, and
the interstate commission's bylaws, using all necessary and proper
means, including but not limited to the use of judicial process;
(E) To establish and maintain offices, which shall be located
within one or more of the compacting states;
(F) To purchase and maintain insurance and bonds;
(G) To borrow, accept, hire, or contract for services of
personnel;
(H) To establish and appoint committees and hire staff that
it considers necessary for the carrying out of its functions,
including, but not limited to, an executive committee as required
by Article III of this compact, which executive committee shall
have the power to act on behalf of the interstate commission in
carrying out its powers and duties under this compact;
(I) To elect or appoint officers, attorneys, employees,
agents, or consultants, to fix their compensation, define their
duties, and determine their qualifications, and to establish the
interstate commission's personnel policies and programs relating
to, inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel;
(J) To accept any and all donations and grants of money,
equipment, supplies, materials, and services and to receive,
utilize, and dispose of same;
(K) To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve, or use any real property,
personal property, or mixed real and personal property;
(L) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any real property, personal
property, or mixed real and personal property;
(M) To establish a budget and make expenditures and levy dues
as provided in Article VIII of this compact;
(O) To adopt a seal and bylaws governing the management and
operation of the interstate commission;
(P) To perform any functions that may be necessary or
appropriate to achieve the purposes of this compact;
(Q) To report annually to the legislatures, governors,
judiciary, and state councils for interstate juvenile supervision
of the compacting states concerning the activities of the
interstate commission during the preceding year, and with the
annual reports also including any recommendations that may have
been adopted by the interstate commission.
(R) To coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials
involved in such activity.
(S) To establish uniform standards of the reporting,
collecting and exchanging of data.
Article V -- Organization and Operation of the Interstate
Commission
The interstate commission, by a majority of the members
present and voting and within twelve months after the first
interstate commission meeting, shall adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of this compact, including, but not limited to, bylaws
that do all of the following:
(1) Establish the fiscal year of the interstate commission;
(2) Establish an executive committee and any other committees
that may be necessary;
(3) Provide for the establishment of committees governing any
general or specific delegation of any authority or function of the
interstate commission;
(4) Provide reasonable procedures for calling and conducting
meetings of the interstate commission and ensuring reasonable
notice of each such meeting;
(5) Establish the titles and responsibilities of the officers
of the interstate commission;
(6) Provide a mechanism for concluding the operations of the
interstate commission and the return of any surplus funds that may
exist upon the termination of this compact after the payment or
reserving of all of its debts and obligations, or both;
(7) Provide start-up rules for initial administration of this
compact;
(8) Establish standards and procedures for compliance and
technical assistance in carrying out this compact.
Section B. Officers and Staff
(1) The interstate commission, by a majority of the members,
shall elect annually from among its members a chairperson and a
vice chairperson, each of whom shall have such authority and
duties as may be specified in the interstate commission's bylaws.
The chairperson or, in the chairperson's absence or disability,
the vice chairperson shall preside at all meetings of the
interstate commission. The officers so elected shall serve without
compensation or remuneration from the interstate commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for any ordinary and necessary costs
and expenses incurred by them in the performance of their duties
and responsibilities as officers of the interstate commission.
(2) The interstate commission, through its executive
committee, shall appoint or retain an executive director for such
period, upon such terms and conditions, and for such compensation
as the interstate commission considers appropriate. The executive
director shall serve as secretary to the interstate commission but
shall not be a member of the interstate commission. The executive
director shall hire and supervise such other staff as may be
authorized by the interstate commission.
Section C. Qualified Immunity, Defense, and Indemnification
(1) Except as otherwise provided in this subsection, the
interstate commission's executive director and each of its
employees shall be immune from suit and liability, either
personally or in the executive director's or employee's official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of
or relating to any actual or alleged act, error, or omission that
occurred, or that the executive director or employee had a
reasonable basis for believing occurred, within the scope of
commission employment, duties, or responsibilities. The executive
director or an employee shall not be protected from suit or
liability for any damage, loss, injury, or liability caused by the
executive director's or employee's willful and wanton misconduct
of any such person.
(2) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection shall
be construed to protect any such person from suit or liability for
any damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of any such person.
(3) Except as otherwise provided in this subsection, the
interstate commission shall defend the executive director or the
employees or representatives of the interstate commission and,
subject to the approval of the attorney general of the state
represented by any commissioner of a compacting state, shall
defend such commissioner or the commissioner's representatives or
employees in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred
within the scope of interstate commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for
believing occurred within the scope of interstate commission
employment, duties, or responsibilities. The duty to defend
described in this division does not apply if the actual or alleged
act, error, or omission in question resulted from intentional or
willful and wanton misconduct on the part of the executive
director, employee, or representative of the interstate commission
or the commissioner of a compacting state or the commissioner's
representatives or employees.
(4) Except as otherwise provided in this subsection, the
interstate commission shall indemnify and hold the commissioner of
a compacting state, or the commissioner's representatives or
employees, or the interstate commission's representatives or
employees, harmless in the amount of any settlement or judgment
obtained against such persons arising out of any actual or alleged
act, error, or omission that occurred within the scope of
interstate commission employment, duties, or responsibilities, or
that such persons had a reasonable basis for believing occurred
within the scope of interstate commission employment, duties, or
responsibilities. The duty to indemnify and hold harmless
described in this division does not apply if the actual or alleged
act, error, or omission in question resulted from intentional or
willful and wanton misconduct on the part of the commissioner of a
compacting state or the commissioner's representatives or
employees or the interstate commission's representatives or
employees.
Article VI -- Rulemaking Functions of the Interstate Commission
(A) The interstate commission shall promulgate and publish
rules in order to effectively and efficiently achieve the purposes
of this compact.
(B) Rulemaking shall occur pursuant to the criteria set forth
in this Article and the bylaws and rules adopted pursuant thereto.
The rulemaking shall substantially conform to the principles of
the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative
procedures act, as the interstate commission determines
appropriate consistent with due process requirements under the
United States Constitution as now or hereafter interpreted by the
United States Supreme Court. All rules and amendments shall become
binding as of the date specified, as published with the final
version of the rule as approved by the interstate commission.
(C) When promulgating a rule, the interstate commission, at a
minimum, shall do all of the following:
(1) Publish the proposed rule's entire text stating the
reason or reasons for that proposed rule;
(2) Allow and invite any and all persons to submit written
data, facts, opinions, and arguments, which information shall be
added to the record and be made publicly available;
(3) Provide an opportunity for an informal hearing, if
petitioned by ten or more persons;
(4) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
(D) When the interstate commission promulgates a rule, not
later than sixty days after the rule is promulgated, any
interested person may file a petition in the United States
district court for the District of Columbia or in the federal
district court where the interstate commission's principal office
is located, for judicial review of the rule. If the court finds
that the interstate commission's action is not supported by
substantial evidence in the rulemaking record, the court shall
hold the rule unlawful and set it aside. For purposes of this
division, evidence is substantial if it would be considered
substantial evidence under the "Model State Administrative
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1
(2000).
(E) If a majority of the legislatures of the compacting
states rejects a rule, those states, by enactment of a statute or
resolution in the same manner used to adopt the compact, may cause
that such rule shall have no further force and effect in any
compacting state.
(F) The existing rules governing the operation of the
interstate compact on juveniles that is superseded by this compact
shall be null and void twelve months after the first meeting of
the interstate commission created under this compact.
(G) Upon determination by the interstate commission that a
state of emergency exists, it may promulgate an emergency rule. An
emergency rule so promulgated shall become effective immediately
upon adoption, provided that the usual rulemaking procedures
specified in this Article shall be retroactively applied to the
emergency rule as soon as reasonably possible, but not later than
ninety days after the effective date of the emergency rule.
Article VII -- Oversight, Enforcement, and Dispute Resolution by
the Interstate Commission
A Oversight and Enforcement
(1) The interstate commission shall oversee the
administration and operations of the interstate movement of
juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting
states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting
state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate this compact's purposes
and intent. The provisions of this compact and the rules
promulgated under it shall be received by all the judges, public
officers, commissions, and departments of the state government as
evidence of the authorized statute and administrative rules. All
courts shall take judicial notice of the compact and the rules. In
any judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact that may affect
the powers, responsibilities, or actions of the interstate
commission, the interstate commission shall be entitled to receive
all service of process in the proceeding and shall have standing
to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
(1) The compacting states shall report to the interstate
commission on all issues and activities necessary for the
administration of this compact and on all issues and activities
pertaining to compliance with the provisions of this compact and
the interstate commission's bylaws and rules.
(2) The interstate commission, upon the request of a
compacting state, shall attempt to resolve any disputes or other
issues that are subject to this compact and that may arise among
compacting states and between compacting and non-compacting
states. The interstate commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this
compact.
Article VIII -- Finance
(A) The interstate commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(B) The interstate commission shall levy on and collect an
annual assessment from each compacting state to cover the cost of
the internal operations and activities of the interstate
commission and its staff. The annual assessment shall be in a
total amount sufficient to cover the interstate commission's
annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration
the population of each compacting state and the volume of
interstate movement of juveniles in each compacting state. The
interstate commission shall promulgate a rule binding upon all
compacting states that governs the assessment.
(C) The interstate commission shall not incur any obligations
of any kind prior to securing the funds adequate to meet the
obligations. The interstate commission shall not pledge the credit
of any of the compacting states, except by and with the authority
of the compacting state.
(D) The interstate commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of
the interstate commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the interstate
commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the interstate commission.
Article IX -- The State Council
Each compacting state shall create a state council for
interstate juvenile supervision. While each compacting state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups,
and the compact administrator or designee. Each compacting state
retains the right to determine the qualifications of the compact
administrator for the state. Each state council shall advise and
may exercise oversight and advocacy concerning that state's
participation in interstate commission activities and other duties
as may be determined by that state, including but not limited to,
development of policy concerning operations and procedures of the
compact within that state.
Article X – Compacting States, Effective Date, and Amendment
(A) Any state, as defined in Article II of this compact, is
eligible to become a compacting state.
(B) This compact shall become effective and binding upon
legislative enactment of the compact into law by no less than
thirty-five of the states. The initial effective date shall be the
later of July 1, 2004, or upon enactment into law by the
thirty-fifth jurisdiction. Thereafter, this compact shall become
effective and binding as to any other compacting state upon
enactment of this compact into law by that state. The governors of
non-compacting states or their designees shall be invited to
participate in the activities of the interstate commission on a
non-voting basis prior to adoption of this compact by all states.
(C) The interstate commission may propose amendments to this
compact for enactment by the compacting states. No amendment shall
become effective and binding upon the interstate commission and
the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
Article XI – Withdrawal, Default, Termination, and Judicial
Enforcement
(1) Once effective, this compact shall continue in force and
remain binding upon each and every compacting state, provided that
a compacting state may withdraw from this compact by specifically
repealing the statute that enacted this compact into law.
(2) The effective date of withdrawal of a compacting state is
the effective date of the state's repeal of the statute that
enacted this compact into law.
(3) A compacting state that withdraws from this compact shall
immediately notify the chairperson of the interstate commission in
writing upon the introduction of legislation repealing this
compact in the withdrawing state. The interstate commission shall
notify the other compacting states of the withdrawing state's
intent to withdraw within sixty days of the interstate
commission's receipt of the notice from the withdrawing state.
(4) A compacting state that withdraws from this compact is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any
obligations, the performance of which extend beyond the effective
date of withdrawal.
(5) If a compacting state withdraws from this compact,
reinstatement of the withdrawing state following withdrawal shall
occur upon the withdrawing state reenacting this compact or upon
such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any
compacting state has at any time defaulted in the performance of
any of its obligations or responsibilities under this compact, or
under the interstate commission's bylaws or duly promulgated
rules, the interstate commission may impose one or more of the
following penalties:
(a) Remedial training and technical assistance as directed by
the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as are deemed to
be reasonable as fixed by the interstate commission;
(d) Suspension or termination of membership in this compact,
provided that suspension or termination of membership shall be
imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted and the
interstate commission has therefore determined that the offending
state is in default. Immediate notice of suspension shall be given
by the interstate commission to the governor of the defaulting
state, its chief justice or the chief judicial officer, the
majority and minority leaders of its state legislature, and the
state council for interstate juvenile supervision. The grounds for
default include, but are not limited to, failure of a compacting
state to perform such obligations or responsibilities imposed upon
it by this compact, by the interstate commission's bylaws, or by
its duly promulgated rules, and any other grounds designated in
commission bylaws and rules. The interstate commission shall
immediately notify the defaulting state in writing of the penalty
imposed by the interstate commission and of the default pending a
cure of the default. The interstate commission shall stipulate the
conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure the
default within the time period specified by the interstate
commission, the defaulting state shall be terminated from this
compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges, and benefits conferred by this
compact shall be terminated from the effective date of
termination.
(2) Within sixty days of the effective date of termination of
a defaulting compacting state, the interstate commission shall
notify the defaulting state's governor, its chief justice or chief
judicial officer, the majority and minority leaders of its state
legislature, and the state council for interstate juvenile
supervision of the termination.
(3) A defaulting compacting state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including any obligations the
performance of which extends beyond the effective date of
termination.
(4) The interstate commission shall not bear any costs
relating to a defaulting compacting state unless otherwise
mutually agreed upon in writing between the interstate commission
and the defaulting state.
(5) If a defaulting compacting state is terminated,
reinstatement of the defaulting state following termination
requires both a reenactment of the compact by the defaulting state
and the approval of the interstate commission pursuant to its
rules.
Section C. Judicial Enforcement
The interstate commission, by majority vote of the members,
may initiate legal action against any compacting state to enforce
compliance with the provisions of this compact, and the interstate
commission's duly promulgated rules and bylaws. Any such action,
if initiated, shall be initiated in the United States district
court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the
interstate commission has its offices. In the event judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of the litigation including reasonable attorney's fees.
(1) This compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in this compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, the
business and affairs of the interstate commission shall be
concluded, and any surplus funds shall be distributed in
accordance with the interstate commission's bylaws.
Article XII – Severability and Construction
(A) The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall be
enforceable.
(B) The provisions of this compact shall be liberally
construed to effectuate its purposes.
Article XIII – Binding Effect of Compact and Other Laws
(1) Nothing in this compact prevents the enforcement of any
other law of a compacting state that is not inconsistent with this
compact.
(2) All compacting states' laws, other than state
constitutions and other interstate compacts, conflicting with this
compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
(1) All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the
compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over the
meaning or interpretation of interstate commission actions, and
upon a majority vote of the compacting states, the interstate
commission may issue advisory opinions regarding that meaning or
interpretation.
(4) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers, or jurisdiction sought to
be conferred by that provision upon the interstate commission
shall be ineffective and such obligations, duties, powers, or
jurisdiction shall remain in the compacting state and shall be
exercised by the agency of that state to which such obligations,
duties, powers, or jurisdiction are delegated by law in effect at
the time this compact becomes effective.
Article XIV – Financial Reimbursement
The state agency responsible for administering this compact
shall have the legal authority to recoup fines, fees and costs
imposed by the interstate commission as stated in Article XI,
Section B, Subsection (1)(c) of this compact when the default in
performance is the result of a decision made by an entity outside
the jurisdiction of the agency administering this compact.
Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of
the Revised Code:
(1) "Interstate compact for juveniles" means the interstate
compact for juveniles ratified, enacted into law, and entered into
by this state pursuant to section 2151.56 of the Revised Code.
(2) "Bylaws," "commissioner," "compact administrator," and
"interstate commission for juveniles" have the same meanings as in
section 2151.56 of the Revised Code.
(B) The state council for interstate juvenile supervision is
hereby established within the department of youth services. The
council shall consist of the following members:
(1) One member who is the compact administrator or the
designee of the compact administrator;
(2) One member of the house of representatives appointed by
the speaker of the house of representatives;
(3) One member of the senate appointed by the president of
the senate;
(4) One member who is a representative of the executive
branch of state government, in addition to the member described in
division (B)(1) of this section, appointed by the governor;
(5) One member who is a representative of the judiciary, who
shall be a juvenile court judge appointed by the chief justice of
the supreme court;
(6) One member who is a person who represents an organization
that advocates for the rights of victims of crime or a delinquent
act, appointed by the governor.
(C) The state council for interstate juvenile supervision
shall advise and may exercise oversight and advocacy concerning
this state's participation in activities of the interstate
commission for juveniles, shall develop policy for this state
concerning operations and procedures of the interstate compact for
juveniles within this state, and shall perform other duties
assigned to state councils under that compact.
Sec. 2151.58. (A) The governor shall appoint the director of
youth services as the compact administrator for the interstate
compact for juveniles.
(B) The governor shall appoint the compact administrator or
shall allow the compact administrator to appoint a designee to
serve as the commissioner from this state on the interstate
commission for juveniles.
Sec. 2151.59. (A) The department of youth services is the
state agency responsible for administering the interstate compact
for juveniles in this state.
(B) The department of youth services shall pay all of the
following:
(1) The annual assessment charged to this state for
participating in the interstate compact for juveniles;
(2) All fines, fees, or costs assessed against this state by
the interstate commission for juveniles for any default in the
performance of this state's obligations or responsibilities under
the compact, the bylaws, or rules duly promulgated under the
compact.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the department and admission to a comparable facility outside this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age, except as otherwise provided in divisions (C)(2) to (7) of
this section.
(2) Subject to division (C)(3) of this section, any person
who violates a federal or state law or a municipal ordinance prior
to attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an act that would be a felony if committed by an adult and
who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code shall
be deemed after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
who subsequently is convicted of or pleads guilty to a felony in
that case, and any person who is adjudicated a delinquent child
for the commission of an act, who has a serious youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code, and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code, shall be deemed after the transfer or invocation
not to be a child in any case in which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to attaining eighteen years of age until the person attains
twenty-one years of age, and, for purposes of that jurisdiction
related to that adjudication, except as otherwise provided in this
division, a person who is so adjudicated a delinquent child or
juvenile traffic offender shall be deemed a "child" until the
person attains twenty-one years of age. If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(7) Any person who, while eighteen years of age, violates
division (A)(1) or (2) of section 2919.27 of the Revised Code by
violating a protection order issued or consent agreement approved
under section 2151.34 or 3113.31 of the Revised Code shall be
considered a child for the purposes of that violation of section
2919.27 of the Revised Code.
(D) "Chronic truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for seven or more
consecutive school days, ten or more school days in one school
month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates any law of this state or the United States, or any
ordinance of a political subdivision of the state, that would be
an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made
under this chapter or under Chapter 2151. of the Revised Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (C) of section 2907.39,
division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55 of the Revised Code;
(4) Any child who is a habitual truant and who previously has
been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred
to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO "Serious youthful offender
disposition" means a case in which the juvenile court, in the
juvenile court's discretion, may impose a serious youthful
offender disposition dispositional sentence under section 2152.13
of the Revised Code.
(I) "Discretionary transfer" means that the juvenile court
has discretion to transfer a case for criminal prosecution under
division (B) of section 2152.12 of the Revised Code.
(J)(H) "Drug abuse offense," "felony drug abuse offense," and
"minor drug possession offense" have the same meanings as in
section 2925.01 of the Revised Code.
(K)(I) "Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(L)(J) "Economic loss" means any economic detriment suffered
by a victim of a delinquent act or juvenile traffic offense as a
direct and proximate result of the delinquent act or juvenile
traffic offense and includes any loss of income due to lost time
at work because of any injury caused to the victim and any
property loss, medical cost, or funeral expense incurred as a
result of the delinquent act or juvenile traffic offense.
"Economic loss" does not include non-economic loss or any punitive
or exemplary damages.
(M)(K)"Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(N)(L) "Juvenile traffic offender" means any child who
violates any traffic law, traffic ordinance, or traffic regulation
of this state, the United States, or any political subdivision of
this state, other than a resolution, ordinance, or regulation of a
political subdivision of this state the violation of which is
required to be handled by a parking violations bureau or a joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O)(M) A "legitimate excuse for absence from the public
school the child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who
is eligible for a mandatory SYO and who is not transferred to
adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court
is required to impose a mandatory serious youthful offender
disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S)(N) "Mental illness" has the same meaning as in section
5122.01 of the Revised Code.
(T)(O) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(U)(P) "Monitored time" and "repeat violent offender" have
the same meanings as in section 2929.01 of the Revised Code.
(V)(Q) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(W)(R) "Public record" has the same meaning as in section
149.43 of the Revised Code.
(X)(S) "Serious youthful offender" means a person who is
eligible for a mandatory SYO or discretionary SYO serious youthful
offender disposition, but who is not transferred to adult court
under a mandatory or discretionary transfer section 2152.12 of the
Revised Code.
(Y)(T) "Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier I sex
offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," and "public registry-qualified
juvenile offender registrant" have the same meanings as in section
2950.01 of the Revised Code.
(Z)(U) "Traditional juvenile disposition" means a case that
is not transferred to adult court under a mandatory or
discretionary transfer, that is eligible for a disposition under
sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised
Code, and
in a case that is not eligible for a disposition
transferred to adult court under section 2152.13 2152.12 of the
Revised Code.
(AA)(V) "Transfer" means the transfer for criminal
prosecution of a case involving the alleged commission by a child
of an act that would be an offense if committed by an adult from
the juvenile court to the appropriate court that has jurisdiction
of the offense or the transfer for criminal prosecution of a case
when the person charged with the offense is deemed not to be a
child in the circumstances described in division (C)(5) of section
2152.02 of the Revised Code from the juvenile court to the
appropriate court that has jurisdiction of the offense or the
case.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that
is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it
existed prior to September 3, 1996.
(DD)(W) "Non-economic loss" means nonpecuniary harm suffered
by a victim of a delinquent act or juvenile traffic offense as a
result of or related to the delinquent act or juvenile traffic
offense, including, but not limited to, pain and suffering; loss
of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this
section, any person having knowledge of a child who appears to be
a juvenile traffic offender or to be a delinquent child may file a
sworn complaint with respect to that child in the juvenile court
of the county in which the child has a residence or legal
settlement or in which the traffic offense or delinquent act
allegedly occurred. The sworn complaint may be upon information
and belief, and, in addition to the allegation that the child is a
delinquent child or a juvenile traffic offender, the complaint
shall allege the particular facts upon which the allegation that
the child is a delinquent child or a juvenile traffic offender is
based.
If a child appears to be a delinquent child who is eligible
under section 2152.13 of the Revised Code for a serious youthful
offender dispositional sentence under section 2152.11 of the
Revised Code disposition and if the prosecuting attorney desires
to seek a serious youthful offender dispositional sentence under
that section 2152.13 of the Revised Code in regard to the child,
the prosecuting attorney of the county in which the alleged
delinquency occurs may initiate a case in the juvenile court of
the county by presenting the case to a grand jury for indictment,
by charging the child in a bill of information as a serious
youthful offender pursuant to section 2152.13 of the Revised Code,
by requesting a serious youthful offender dispositional sentence
in the original complaint alleging that the child is a delinquent
child, or by filing with the juvenile court a written notice of
intent to seek a serious youthful offender dispositional sentence.
(2) Any person having knowledge of a child who appears to be
a delinquent child for being an habitual or chronic truant may
file a sworn complaint with respect to that child and the parent,
guardian, or other person having care of the child in the juvenile
court of the county in which the child has a residence or legal
settlement or in which the child is supposed to attend public
school. The sworn complaint may be upon information and belief and
shall contain the following allegations:
(a) That the child is a delinquent child for being a chronic
truant or an habitual truant who previously has been adjudicated
an unruly child for being a habitual truant and, in addition, the
particular facts upon which that allegation is based;
(b) That the parent, guardian, or other person having care of
the child has failed to cause the child's attendance at school in
violation of section 3321.38 of the Revised Code and, in addition,
the particular facts upon which that allegation is based.
(B) Any person with standing under applicable law may file a
complaint for the determination of any other matter over which the
juvenile court is given jurisdiction by section 2151.23 of the
Revised Code. The complaint shall be filed in the county in which
the child who is the subject of the complaint is found or was last
known to be found.
(C) Within ten days after the filing of a complaint or the
issuance of an indictment, the court shall give written notice of
the filing of the complaint or the issuance of an indictment and
of the substance of the complaint or indictment to the
superintendent of a city, local, exempted village, or joint
vocational school district if the complaint or indictment alleges
that a child committed an act that would be a criminal offense if
committed by an adult, that the child was sixteen years of age or
older at the time of the commission of the alleged act, and that
the alleged act is any of the following:
(1) A violation of section 2923.122 of the Revised Code that
relates to property owned or controlled by, or to an activity held
under the auspices of, the board of education of that school
district;
(2) A violation of section 2923.12 of the Revised Code, of a
substantially similar municipal ordinance, or of section 2925.03
of the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that
was committed on property owned or controlled by, or at an
activity held under the auspices of, the board of education of
that school district, other than a violation of that section that
would be a minor drug possession offense if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or at
an activity held under the auspices of, the board of education of
that school district, if the victim at the time of the commission
of the alleged act was an employee of the board of education of
that school district;
(5) Complicity in any violation described in division (C)(1),
(2), (3), or (4) of this section that was alleged to have been
committed in the manner described in division (C)(1), (2), (3), or
(4) of this section, regardless of whether the act of complicity
was committed on property owned or controlled by, or at an
activity held under the auspices of, the board of education of
that school district.
(D) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is
not subject to the requirements of section 3127.23 of the Revised
Code.
(E) For purposes of the record to be maintained by the clerk
under division (B) of section 2152.71 of the Revised Code, when a
complaint is filed that alleges that a child is a delinquent
child, the court shall determine if the victim of the alleged
delinquent act was sixty-five years of age or older or permanently
and totally disabled at the time of the alleged commission of the
act.
Sec. 2152.10. (A) A child who is alleged to be a delinquent
child is eligible for mandatory transfer and shall be transferred
as provided in section 2152.12 of the Revised Code in any of the
following circumstances:
(1) The child is charged with a category one offense and
either of the following apply:
(a) The child was sixteen years of age or older at the time
of the act charged.
(b) The child was fourteen or fifteen years of age at the
time of the act charged and previously was adjudicated a
delinquent child for committing an act that is a category one or
category two offense and was committed to the legal custody of the
department of youth services upon the basis of that adjudication.
(2) The child is charged with a category two offense, other
than a violation of section 2905.01 of the Revised Code, the child
was sixteen years of age or older at the time of the commission of
the act charged, and either or both of the following apply:
(a) The child previously was adjudicated a delinquent child
for committing an act that is a category one or a category two
offense and was committed to the legal custody of the department
of youth services on the basis of that adjudication.
(b) The child is alleged to have had a firearm on or about
the child's person or under the child's control while committing
the act charged and to have displayed the firearm, brandished the
firearm, indicated possession of the firearm, or used the firearm
to facilitate the commission of the act charged.
(3) Division (A)(2) of section 2152.12 of the Revised Code
applies.
(B) Unless the child is subject to mandatory transfer, if a
child is, who is fourteen years of age or older at the time of the
act charged, and if the child who is charged with an act that
would be a felony if committed by an adult, the child is eligible
for
discretionary transfer to the appropriate court for criminal
prosecution. In determining whether to transfer the child for
criminal prosecution, the juvenile court shall follow the
procedures in section 2152.12 of the Revised Code. If the court
does not transfer the child and if the court adjudicates the child
to be a delinquent child for the act charged, the court shall
issue an order of disposition in accordance with section 2152.11
of the Revised Code this chapter.
(B) If a complaint is filed against a person who is deemed
not to be a child in the circumstances described in division
(C)(5) of section 2152.02 of the Revised Code, the person is
eligible for transfer, and the case shall be transferred to the
appropriate court for criminal prosecution.
Sec. 2152.11. (A) A child who is adjudicated a delinquent
child for committing an act that would be a felony if committed by
an adult is eligible for a particular type of disposition under
this section if the child was not transferred under section
2152.12 of the Revised Code. If the complaint, indictment, or
information charging the act includes one or more of the following
factors, the act is considered to be enhanced, and the child is
eligible for a more restrictive disposition under this section;
(1) The act charged against the child would be an offense of
violence if committed by an adult.
(2) During the commission of the act charged, the child used
a firearm, displayed a firearm, brandished a firearm, or indicated
that the child possessed a firearm and actually possessed a
firearm.
(3) The child previously was admitted to a department of
youth services facility for the commission of an act that would
have been aggravated murder, murder, a felony of the first or
second degree if committed by an adult, or an act that would have
been a felony of the third degree and an offense of violence if
committed by an adult.
(B) If a child is adjudicated a delinquent child for
committing an act that would be aggravated murder or murder if
committed by an adult, the child is eligible for whichever of the
following is appropriate:
(1) Mandatory SYO Serious youthful offender disposition, if
the act allegedly was committed when the child was fourteen or,
fifteen, sixteen, or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the
child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions division (B)(1) and
(2) of this section do does not apply.
(C) If a child is adjudicated a delinquent child for
committing an act that would be attempted aggravated murder or
attempted murder if committed by an adult, the child is eligible
for whichever of the following is appropriate:
(1) Mandatory SYO Serious youthful offender disposition, if
the act allegedly was committed when the child was fourteen or,
fifteen, sixteen, or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the
child was ten, eleven, twelve, or thirteen years of age;
(3) Traditional juvenile, if divisions division (C)(1) and
(2) of this section do does not apply.
(D) If a child is adjudicated a delinquent child for
committing an act that would be a felony of the first degree if
committed by an adult, the child is eligible for whichever of the
following is appropriate:
(1) Mandatory SYO Serious youthful offender disposition, if
the act allegedly was committed when the child was sixteen or
seventeen years of age, and the act is enhanced by the factors
described in division (A)(1) and either division (A)(2) or (3) of
this section;
(2) Discretionary SYO, if any of the following applies:
(a) The act was committed when the child was sixteen or
seventeen years of age, and division (D)(1) of this section does
not apply.
(b) The act was committed when the child was fourteen or,
fifteen, sixteen, or seventeen years of age.
(c) The act was committed when the child was twelve or
thirteen years of age, and the act is enhanced by any factor
described in division (A)(1), (2), or (3) of this section.
(d) The act was committed when the child was ten or eleven
years of age, and the act is enhanced by the factors described in
division (A)(1) and either division (A)(2) or (3) of this section.
(3)(2) Traditional juvenile, if divisions division (D)(1) and
(2) of this section do does not apply.
(E) If a child is adjudicated a delinquent child for
committing an act that would be a felony of the second degree if
committed by an adult, the child is eligible for whichever of the
following is appropriate:
(1) Discretionary SYO Serious youthful offender disposition,
if the act was committed when the child was fourteen, fifteen,
sixteen, or seventeen years of age;
(2) Discretionary SYO, if the act was committed when the
child was twelve or thirteen years of age, and the act is enhanced
by any factor described in division (A)(1), (2), or (3) of this
section;
(3) Traditional juvenile, if divisions division (E)(1) and
(2) of this section do does not apply.
(F) If a child is adjudicated a delinquent child for
committing an act that would be a felony of the third degree if
committed by an adult, the child is eligible for whichever of the
following is appropriate:
(1)
Discretionary SYO, Serious youthful offender disposition
if either of the following applies:
(a) The act was committed when the child was sixteen or
seventeen years of age;
(2) Discretionary SYO, if the (b) The act was committed when
the child was fourteen or fifteen years of age, and the act is
enhanced by any factor described in division (A)(1), (2), or (3)
of this section;
(3)(2) Traditional juvenile, if divisions division (F)(1) and
(2) of this section do does not apply.
(G) If a child is adjudicated a delinquent child for
committing an act that would be a felony of the fourth or fifth
degree if committed by an adult, the child is eligible for
whichever of the following dispositions is appropriate:
(1) Discretionary SYO Serious youthful offender disposition,
if the act was committed when the child was sixteen or seventeen
years of age, and the act is enhanced by any factor described in
division (A)(1), (2), or (3) of this section;
(2) Traditional juvenile, if division (G)(1) of this section
does not apply.
(H) The following table describes the dispositions that a
juvenile court may impose on a delinquent child:
OFFENSE CATEGORY |
|
AGE |
|
AGE |
|
AGE |
|
AGE |
|
|
(Enhancement factors) |
|
16
& 17 |
|
14
& 15 |
|
12
& 13 |
|
10
& 11 |
|
|
Murder/aggravated murder |
|
N/A SYO, TJ |
|
MSYO SYO, TJ |
|
DSYO, TJ |
|
DSYO, TJ |
|
|
Attempted murder/attempted aggravated murder |
|
N/A SYO, TJ |
|
MSYO SYO, TJ |
|
DSYO, TJ |
|
DSYO, TJ |
|
|
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 |
|
|
F1 (Enhanced by any single or other combination of enhancement factors) |
|
DSYO, TJ |
|
DSYO, TJ |
|
DSYO, TJ |
|
TJ |
|
|
F1 (Not enhanced) |
|
DSYO, TJ |
|
DSYO, TJ |
|
TJ |
|
TJ |
|
|
F2 (Enhanced by any enhancement factor) |
|
DSYO SYO, TJ |
|
DSYO SYO, TJ |
|
DSYO, TJ |
|
TJ |
|
|
F2 (Not enhanced) |
|
DSYO, TJ |
|
DSYO, TJ |
|
TJ |
|
TJ |
|
|
F3 (Enhanced by any enhancement factor) |
|
DSYO SYO, TJ |
|
DSYO SYO, TJ |
|
TJ |
|
TJ |
|
|
F3 (Not enhanced) |
|
DSYO SYO, TJ |
|
TJ |
|
TJ |
|
TJ |
|
|
F4 (Enhanced by any enhancement factor) |
|
DSYO SYO, TJ |
|
TJ |
|
TJ |
|
TJ |
|
|
F4 (Not enhanced) |
|
TJ |
|
TJ |
|
TJ |
|
TJ |
|
|
F5 (Enhanced by any enhancement factor) |
|
DSYO SYO, TJ |
|
TJ |
|
TJ |
|
TJ |
|
|
F5 (Not enhanced) |
|
TJ |
|
TJ |
|
TJ |
|
TJ |
|
|
(I) The table in division (H) of this section is for
illustrative purposes only. If the table conflicts with any
provision of divisions (A) to (G) of this section, divisions (A)
to (G) of this section shall control.
(J) Key for table in division (H) of this section:
(1) "Any enhancement factor" applies when the criteria
described in division (A)(1), (2), or (3) of this section apply.
(2) The "disposition firearm factor" applies when the
criteria described in division (A)(2) of this section apply.
(3) "DSYO" refers to discretionary serious youthful offender
disposition.
(4) "F1" refers to an act that would be a felony of the first
degree if committed by an adult.
(5)(3) "F2" refers to an act that would be a felony of the
second degree if committed by an adult.
(6)(4) "F3" refers to an act that would be a felony of the
third degree if committed by an adult.
(7)(5) "F4" refers to an act that would be a felony of the
fourth degree if committed by an adult.
(8)(6) "F5" refers to an act that would be a felony of the
fifth degree if committed by an adult.
(9) "MSYO" refers to mandatory serious youthful offender
disposition.
(10) The "offense of violence factor" applies when the
criteria described in division (A)(1) of this section apply.
(11) The "previous DYS admission factor" applies when the
criteria described in division (A)(3) of this section apply.
(12)(7) "SYO" refers to serious youthful offender
disposition.
(8) "TJ" refers to traditional juvenile.
Sec. 2152.12. (A)(1)(a) After a complaint has been filed
alleging that a child is a delinquent child for committing an act
that would be aggravated murder, murder, attempted aggravated
murder, or attempted murder if committed by an adult, the juvenile
court at a hearing shall transfer the case if the child was
sixteen or seventeen years of age at the time of the act charged
and there is probable cause to believe that the child committed
the act charged. The juvenile court also shall transfer the case
at a hearing if the child was fourteen or fifteen years of age at
the time of the act charged, if section 2152.10 of the Revised
Code provides that the child is eligible for mandatory transfer,
and if there is probable cause to believe that the child committed
the act charged.
(b) After a complaint has been filed alleging that a child is
a delinquent child by reason of committing a category two offense,
the juvenile court at a hearing shall transfer the case if section
2152.10 of the Revised Code requires the mandatory transfer of the
case and there is probable cause to believe that the child
committed the act charged.
(2) The juvenile court also shall transfer a case in the
circumstances described in division (C)(5) of section 2152.02 of
the Revised Code or if either of the following applies:
(a) A complaint is filed against a child who is eligible for
a discretionary transfer under section 2152.10 of the Revised Code
and who previously was convicted of or pleaded guilty to a felony
in a case that was transferred to a criminal court.
(b) A complaint is filed against a child who is domiciled in
another state alleging that the child is a delinquent child for
committing an act that would be a felony if committed by an adult,
and, if the act charged had been committed in that other state,
the child would be subject to criminal prosecution as an adult
under the law of that other state without the need for a transfer
of jurisdiction from a juvenile, family, or similar noncriminal
court to a criminal court.
(B) Except as provided in division (A) of this section, after
After a complaint has been filed alleging that a child is a
delinquent child for committing an act that would be a felony if
committed by an adult, the juvenile court at a hearing may
transfer the case if the court finds all of the following:
(1)(a) The child was fourteen years of age or older at the
time of the act charged.
(2)(b) There is probable cause to believe that the child
committed the act charged.
(3)(c) The child is not amenable to care or rehabilitation
within the juvenile system, and the safety of the community may
require that the child be subject to adult sanctions. In making
its decision under this division, the court shall consider whether
the applicable factors under division (D)(C) of this section
indicating that the case should be transferred outweigh the
applicable factors under division (E)(D) of this section
indicating that the case should not be transferred. The record
shall indicate the specific factors that were applicable and that
the court weighed.
(2) Independent of the authority to transfer a case under
division (A)(1) of this section, the juvenile court shall transfer
a case when the person charged is deemed not to be a child in the
circumstances described in division (C)(5) of section 2152.02 of
the Revised Code.
(C)(B) Before considering a transfer under division (B)(A)(1)
of this section, the juvenile court shall order an investigation,
including a mental examination of the child by a public or private
agency or a person qualified to make the examination. The child
may waive the examination required by this division if the court
finds that the waiver is competently and intelligently made.
Refusal to submit to a mental examination by the child constitutes
a waiver of the examination.
(D)(C) In considering whether to transfer a child under
division (B)(A)(1) of this section, the juvenile court shall
consider the following relevant factors, and any other relevant
factors, in favor of a transfer under that division:
(1) The victim of the act charged suffered physical or
psychological harm, or serious economic harm, as a result of the
alleged act.
(2) The physical or psychological harm suffered by the victim
due to the alleged act of the child was exacerbated because of the
physical or psychological vulnerability or the age of the victim.
(3) The child's relationship with the victim facilitated the
act charged.
(4) The child allegedly committed the act charged for hire or
as a part of a gang or other organized criminal activity.
(5) The child had a firearm on or about the child's person or
under the child's control at the time of the act charged, the act
charged is not a violation of section 2923.12 of the Revised Code,
and the child, during the commission of the act charged, allegedly
used or displayed the firearm, brandished the firearm, or
indicated that the child possessed a firearm.
(6) At the time of the act charged, the child was awaiting
adjudication or disposition as a delinquent child, was under a
community control sanction, or was on parole for a prior
delinquent child adjudication or conviction.
(7) The results of any previous juvenile sanctions and
programs indicate that rehabilitation of the child will not occur
in the juvenile system.
(8) The child is emotionally, physically, or psychologically
mature enough for the transfer.
(9) There is not sufficient time to rehabilitate the child
within the juvenile system.
(E)(D) In considering whether to transfer a child under
division
(B)(A)(1) of this section, the juvenile court shall
consider the following relevant factors, and any other relevant
factors, against a transfer under that division:
(1) The victim induced or facilitated the act charged.
(2) The child acted under provocation in allegedly committing
the act charged.
(3) The child was not the principal actor in the act charged,
or, at the time of the act charged, the child was under the
negative influence or coercion of another person.
(4) The child did not cause physical harm to any person or
property, or have reasonable cause to believe that harm of that
nature would occur, in allegedly committing the act charged.
(5) The child previously has not been adjudicated a
delinquent child.
(6) The child is not emotionally, physically, or
psychologically mature enough for the transfer.
(7) The child has a mental illness or is a mentally retarded
person.
(8) There is sufficient time to rehabilitate the child within
the juvenile system and the level of security available in the
juvenile system provides a reasonable assurance of public safety.
(F) If one or more complaints are filed alleging that a child
is a delinquent child for committing two or more acts that would
be offenses if committed by an adult, if a motion is made alleging
that division (A) of this section applies and requires that the
case or cases involving one or more of the acts charged be
transferred for, and if a motion also is made requesting that the
case or cases involving one or more of the acts charged be
transferred pursuant to division (B) of this section, the juvenile
court, in deciding the motions, shall proceed in the following
manner:
(1) Initially, the court shall decide the motion alleging
that division (A) of this section applies and requires that the
case or cases involving one or more of the acts charged be
transferred.
(2) If the court determines that division (A) of this section
applies and requires that the case or cases involving one or more
of the acts charged be transferred, the court shall transfer the
case or cases in accordance with that division. After the transfer
pursuant to division (A) of this section, the court shall decide,
in accordance with division (B) of this section, whether to grant
the motion requesting that the case or cases involving one or more
of the acts charged be transferred pursuant to that division.
Notwithstanding division (B) of this section, prior to
transferring a case pursuant to division (A) of this section, the
court is not required to consider any factor specified in division
(D) or (E) of this section or to conduct an investigation under
division (C) of this section.
(3) If the court determines that division (A) of this section
does not require that the case or cases involving one or more of
the acts charged be transferred, the court shall decide in
accordance with division (B) of this section whether to grant the
motion requesting that the case or cases involving one or more of
the acts charged be transferred pursuant to that division.
(G)(E) The court shall give notice in writing of the time,
place, and purpose of any hearing held pursuant to division (A)
or (B)(1) of this section to the child's parents, guardian, or
other custodian and to the child's counsel at least three days
prior to the hearing.
(H)(F) No person, either before or after reaching eighteen
years of age, shall be prosecuted as an adult for an offense
committed prior to becoming eighteen years of age, unless the
person has been transferred as provided in division (A)(1) or (B)
of this section or unless division (J)(H) of this section applies.
Any prosecution that is had in a criminal court on the mistaken
belief that the person who is the subject of the case was eighteen
years of age or older at the time of the commission of the offense
shall be deemed a nullity, and the person shall not be considered
to have been in jeopardy on the offense.
(I)(G) Upon the transfer of a case under division (A)(1) or
(B)(2) of this section, the juvenile court shall state the reasons
for the transfer on the record, and shall order the child to enter
into a recognizance with good and sufficient surety for the
child's appearance before the appropriate court for any
disposition that the court is authorized to make for a similar act
committed by an adult. The transfer abates the jurisdiction of the
juvenile court with respect to the delinquent acts alleged in the
complaint, and, upon the transfer, all further proceedings
pertaining to the act charged shall be discontinued in the
juvenile court, and the case then shall be within the jurisdiction
of the court to which it is transferred as described in division
(H) of section 2151.23 of the Revised Code.
(J)(H) If a person under eighteen years of age allegedly
commits an act that would be a felony if committed by an adult and
if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the
juvenile court does not have jurisdiction to hear or determine any
portion of the case charging the person with committing that act.
In those circumstances, divisions division (A) and (B) of this
section do does not apply regarding the act, and the case charging
the person with committing the act shall be a criminal prosecution
commenced and heard in the appropriate court having jurisdiction
of the offense as if the person had been eighteen years of age or
older when the person committed the act. All proceedings
pertaining to the act shall be within the jurisdiction of the
court having jurisdiction of the offense, and that court has all
the authority and duties in the case as it has in other criminal
cases in that court.
Sec. 2152.13. (A)(1) A child is eligible for a serious
youthful offender dispositional sentence under this section only
if the following conditions apply:
(a) The child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult.
(b) The child was fourteen years of age or older when the act
was committed.
(c) The child is eligible for a serious youthful offender
disposition under section 2152.11 of the Revised Code.
(d) The child was not transferred under section 2152.12 of
the Revised Code.
(2) A juvenile court may impose a serious youthful offender
dispositional sentence on a child only if the prosecuting attorney
of the county in which the delinquent act allegedly occurred
initiates the process against the child in accordance with this
division, and the child is an alleged delinquent child who is
eligible under division (A)(1) of this section for the a serious
youthful offender dispositional sentence. The prosecuting attorney
may initiate the process in any of the following ways:
(1)(a) Obtaining an indictment of the child as a serious
youthful offender;
(2) The (b) If the child waives the right to indictment,
charging the child in a bill of information as a serious youthful
offender;
(3)(c) Until an indictment or information is obtained,
requesting a serious youthful offender dispositional sentence in
the original complaint alleging that the child is a delinquent
child;
(4)(d) Until an indictment or information is obtained, if the
original complaint does not request a serious youthful offender
dispositional sentence, filing with the juvenile court a written
notice of intent to seek a serious youthful offender dispositional
sentence within twenty days after the later of the following,
unless the time is extended by the juvenile court for good cause
shown:
(a)(i) The date of the child's first juvenile court hearing
regarding the complaint;
(b)(ii) The date the juvenile court determines not to
transfer the case under section 2152.12 of the Revised Code.
After a written notice is filed under division (A)(4)(2)(d)
of this section, the juvenile court shall serve a copy of the
notice on the child and advise the child of the prosecuting
attorney's intent to seek a serious youthful offender
dispositional sentence in the case.
(B) If an alleged delinquent child is not indicted or charged
by information as described in division (A)(1)(2)(a) or (2)(b) of
this section and if a notice or complaint as described in division
(A)(3)(2)(c) or (4)(d) of this section indicates that the
prosecuting attorney intends to pursue a serious youthful offender
dispositional sentence in the case, the juvenile court shall hold
a preliminary hearing to determine if there is probable cause that
the child committed the act charged and is by age eligible under
division (A)(1) of this section for, or required to receive, a
serious youthful offender dispositional sentence.
(C)(1) A child for whom a serious youthful offender
dispositional sentence is sought has the right to a grand jury
determination of probable cause that the child committed the act
charged and that the child is eligible by age under division
(A)(1) of this section for a serious youthful offender
dispositional sentence. The grand jury may be impaneled by the
court of common pleas or the juvenile court.
Once a child is indicted, or charged by information or the
juvenile court determines that the child is eligible under
division (A)(1) of this section for a serious youthful offender
dispositional sentence, the child is entitled to an open and
speedy trial by jury in juvenile court and to be provided with a
transcript of the proceedings. The time within which the trial is
to be held under Title XXIX of the Revised Code commences on
whichever of the following dates is applicable:
(a) If the child is indicted or charged by information, on
the date of the filing of the indictment or information.
(b) If the child is charged by an original complaint that
requests a serious youthful offender dispositional sentence, on
the date of the filing of the complaint.
(c) If the child is not charged by an original complaint that
requests a serious youthful offender dispositional sentence, on
the date that the prosecuting attorney files the written notice of
intent to seek a serious youthful offender dispositional sentence.
(2) If the a child for whom a serious youthful offender
dispositional sentence is sought is detained awaiting
adjudication, upon indictment or being charged by information, the
child has the same right to bail as an adult charged with the
offense the alleged delinquent act would be if committed by an
adult. Except as provided in division (D) of section 2152.14 of
the Revised Code, all provisions of Title XXIX of the Revised Code
and the Criminal Rules shall apply in the case and to the child.
The juvenile court shall afford the child all rights afforded a
person who is prosecuted for committing a crime including the
right to counsel and the right to raise the issue of competency.
The child may not waive the right to counsel.
(D)(1) If a child is adjudicated a delinquent child for
committing an act under circumstances that require the juvenile
court to impose upon the child a serious youthful offender
dispositional sentence under section 2152.11 of the Revised Code,
all of the following apply:
(a) The juvenile court shall impose upon the child a sentence
available for the violation, as if the child were an adult, under
Chapter 2929. of the Revised Code, except that the juvenile court
shall not impose on the child a sentence of death or life
imprisonment without parole.
(b) The juvenile court also shall impose upon the child one
or more traditional juvenile dispositions under sections 2152.16,
2152.19, and 2152.20, and, if applicable, section 2152.17 of the
Revised Code.
(c) The juvenile court shall stay the adult portion of the
serious youthful offender dispositional sentence pending the
successful completion of the traditional juvenile dispositions
imposed.
(2)(a) If a child is adjudicated a delinquent child for
committing an act and under circumstances that allow, but do not
require, the juvenile court to impose on division (A)(1) of this
section the child is eligible for a serious youthful offender
dispositional sentence under section 2152.11 of the Revised Code,
all of the following apply:
(i) If the juvenile court on the record makes a finding that,
given the nature and circumstances of the violation and the
history of the child, the length of time, level of security, and
types of programming and resources available in the juvenile
system alone are not adequate to provide the juvenile court with a
reasonable expectation that the purposes set forth in section
2152.01 of the Revised Code will be met, the juvenile court may
impose upon the child a sentence available for the violation, as
if the child were an adult, under Chapter 2929. of the Revised
Code, except that the juvenile court shall not impose on the child
a sentence of death or life imprisonment without parole.
(ii) If a sentence is imposed under division (D)(2)(1)(a)(i)
of this section, the juvenile court also shall impose upon the
child one or more traditional juvenile dispositions under sections
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17
of the Revised Code.
(iii) The juvenile court shall stay the adult portion of the
serious youthful offender dispositional sentence pending the
successful completion of the traditional juvenile dispositions
imposed.
(b) If the juvenile court does not find that a sentence
should be imposed under division (D)(2)(1)(a)(i) of this section,
the juvenile court may impose one or more traditional juvenile
dispositions under sections 2152.16, 2152.19, 2152.20, and, if
applicable, section 2152.17 of the Revised Code.
(3)(2) A child upon whom a serious youthful offender
dispositional sentence is imposed under division (D)(1) or (2) of
this section has a right to appeal under division (A)(1), (3),
(4), (5), or (6) of section 2953.08 of the Revised Code the adult
portion of the serious youthful offender dispositional sentence
when any of those divisions apply. The child may appeal the adult
portion, and the court shall consider the appeal as if the adult
portion were not stayed.
Sec. 2152.14. (A)(1) The director of youth services may
request the prosecuting attorney of the county in which is located
the juvenile court that imposed a serious youthful offender
dispositional sentence upon a person under section 2152.13 of the
Revised Code to file a motion with that juvenile court to invoke
the adult portion of the dispositional sentence if all of the
following apply to the person:
(a) The person is at least fourteen years of age.
(b) The person is in the institutional custody, or an escapee
from the custody, of the department of youth services.
(c) The person is serving the juvenile portion of the serious
youthful offender dispositional sentence.
(2) The motion shall state that there is reasonable cause to
believe that either of the following misconduct has occurred and
shall state that at least one incident of misconduct of that
nature occurred after the person reached fourteen years of age:
(a) The person committed an act that is a violation of the
rules of the institution and that could be charged as any felony
or as a first degree misdemeanor offense of violence if committed
by an adult.
(b) The person has engaged in conduct that creates a
substantial risk to the safety or security of the institution, the
community, or the victim.
(B) If a person is at least fourteen years of age, is serving
the juvenile portion of a serious youthful offender dispositional
sentence imposed under section 2152.13 of the Revised Code, and is
on parole or aftercare from a department of youth services
facility, or on community control, the director of youth services,
the juvenile court that imposed the serious youthful offender
dispositional sentence on the person, or the probation department
supervising the person may request the prosecuting attorney of the
county in which is located the juvenile court to file a motion
with the juvenile court to invoke the adult portion of the
dispositional sentence. The prosecuting attorney may file a motion
to invoke the adult portion of the dispositional sentence even if
no request is made. The motion shall state that there is
reasonable cause to believe that either of the following occurred
and shall state that at least one incident of misconduct of that
nature occurred after the person reached fourteen years of age:
(1) The person committed an act that is a violation of the
conditions of supervision and that could be charged as any felony
or as a first degree misdemeanor offense of violence if committed
by an adult.
(2) The person has engaged in conduct that creates a
substantial risk to the safety or security of the community or of
the victim.
(C) If the prosecuting attorney declines a request to file a
motion that was made by the department of youth services or the
supervising probation department under division (A) or (B) of this
section or fails to act on a request made under either division by
the department within a reasonable time, the department of youth
services or the supervising probation department may file a motion
of the type described in division (A) or (B) of this section with
the juvenile court to invoke the adult portion of the serious
youthful offender dispositional sentence. If the prosecuting
attorney declines a request to file a motion that was made by the
juvenile court under division (B) of this section or fails to act
on a request from the court under that division within a
reasonable time, the juvenile court may hold the hearing described
in division (D) of this section on its own motion.
(D) Upon the filing of a motion described in division (A),
(B), or (C) of this section, the juvenile court may hold a hearing
to determine whether to invoke the adult portion of a person's
serious juvenile offender dispositional sentence. The juvenile
court shall not invoke the adult portion of the dispositional
sentence without a hearing. At the hearing the person who is the
subject of the serious youthful offender disposition has the right
to be present, to receive notice of the grounds upon which the
adult sentence portion is sought to be invoked, to be represented
by counsel including counsel appointed under Juvenile Rule 4(A),
to be advised on the procedures and protections set forth in the
Juvenile Rules, and to present evidence on the person's own
behalf, including evidence that the person has a mental illness or
is a mentally retarded person. The person may not waive the right
to counsel. The hearing shall be open to the public. If the person
presents evidence that the person has a mental illness or is a
mentally retarded person, the juvenile court shall consider that
evidence in determining whether to invoke the adult portion of the
serious youthful offender dispositional sentence.
(E)(1) The juvenile court may invoke the adult portion of a
person's serious youthful offender dispositional sentence if the
juvenile court finds all of the following on the record by clear
and convincing evidence:
(a) The person is serving the juvenile portion of a serious
youthful offender dispositional sentence.
(b) The person is at least fourteen years of age and has been
admitted to a department of youth services facility, or criminal
charges are pending against the person.
(c) The person engaged in the conduct or acts charged under
division (A), (B), or (C) of this section, and the person's
conduct demonstrates that the person is unlikely to be
rehabilitated during the remaining period of juvenile
jurisdiction.
(2) The court may modify the adult sentence the court invokes
to consist of any lesser prison term that could be imposed for the
offense and, in addition to the prison term or in lieu of the
prison term if the prison term was not mandatory, any community
control sanction that the offender was eligible to receive at
sentencing.
(F) If a juvenile court issues an order invoking the adult
portion of a serious youthful offender dispositional sentence
under division (E) of this section, the juvenile portion of the
dispositional sentence shall terminate, and the department of
youth services shall transfer the person to the department of
rehabilitation and correction or place the person under another
sanction imposed as part of the sentence. The juvenile court shall
state in its order the total number of days that the person has
been held in detention or in a facility operated by, or under
contract with, the department of youth services under the juvenile
portion of the dispositional sentence. The time the person must
serve on a prison term imposed under the adult portion of the
dispositional sentence shall be reduced by the total number of
days specified in the order plus any additional days the person is
held in a juvenile facility or in detention after the order is
issued and before the person is transferred to the custody of the
department of rehabilitation and correction. In no case shall the
total prison term as calculated under this division exceed the
maximum prison term available for an adult who is convicted of
violating the same sections of the Revised Code.
Any community control imposed as part of the adult sentence
or as a condition of a judicial release from prison shall be under
the supervision of the entity that provides adult probation
services in the county. Any post-release control imposed after the
offender otherwise is released from prison shall be supervised by
the adult parole authority.
Sec. 2152.17. (A) Subject to division (D) of this section,
if a child is adjudicated a delinquent child for committing an
act, other than a violation of section 2923.12 of the Revised
Code, that would be a felony if committed by an adult and, if the
court determines that, if the child was an adult, the child would
be guilty of a specification of the type set forth in section
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or
2941.1415 of the Revised Code, and if the court commits the child
to the department of youth services for the underlying delinquent
act under sections 2152.12 to 2152.16 of the Revised Code, in
addition to
any that commitment or and any other disposition the
court imposes for the underlying delinquent act, all of the
following apply:
(1) If the court determines that the child would be guilty of
a specification of the type set forth in section 2941.141 of the
Revised Code, the court may commit the child to the department of
youth services for the specification for a definite period of up
to one year.
(2) If the court determines that the child would be guilty of
a specification of the type set forth in section 2941.145 of the
Revised Code or if as a result of the fact that the child had a
firearm on or about the child's person or under the child's
control while committing the offense and displayed the firearm or
indicated that the child possessed the firearm, the court may
commit the child to the department of youth services for the
specification for a definite period of not more than three years.
(3) If the court determines that the child would be guilty of
a specification of the type set forth in section 2941.145 of the
Revised Code as a result of the fact that the child had a firearm
on or about the child's person or under the child's control while
committing the offense and brandished the firearm or used it to
facilitate the offense, the court shall commit the child to the
department of youth services for the specification for a definite
period of not more than three years.
(4) If
the delinquent act is a violation of division (A)(1)
or (2) of section 2903.06 of the Revised Code and the court
determines that the child would be guilty of a specification of
the type set forth in section 2941.1415 of the Revised Code, the
court shall commit the child to the department of youth services
for the specification for a definite period of not less than one
and not more than three years, and the court also shall commit the
child to the department for the underlying delinquent act under
sections 2152.11 to 2152.16 of the Revised Code.
(3)(5) If the court determines that the child would be guilty
of a specification of the type set forth in section 2941.144, of
the Revised Code, the court may commit the child to the department
of youth services for the specification for a definite period of
not more than five years.
(6) If the court determines that the child would be guilty of
a specification of the type set forth in section 2941.146, or
2941.1412 of the Revised Code or if the delinquent act is a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and the court determines that the child would be
guilty of a specification of the type set forth in section
2941.1414 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a
definite period of not less than one and not more than five years,
and the court also shall commit the child to the department for
the underlying delinquent act under sections 2152.11 to 2152.16 of
the Revised Code.
(B) Division (A) of this section also applies to a child who
is an accomplice to the same extent the firearm specifications
would apply to an adult accomplice in a criminal proceeding If a
child is adjudicated a delinquent child for committing an act,
other than a violation of section 2923.12 of the Revised Code,
that would be a felony if committed by an adult, if the court
determines that the child is complicit in another person's conduct
that is of such a nature that, if the other person was an adult,
the other person would be guilty of a specification of a type
described in division (A)(1), (2), or (3) of this section, if the
other person's conduct relates to the child's underlying
delinquent act, and if the court commits the child to the
department of youth services for the underlying delinquent act
under sections 2152.12 to 2152.16 of the Revised Code, in addition
to that commitment and any other disposition the court imposes for
the underlying delinquent act, the court may commit the child to
the department of youth services for the specification for a
definite period of not more than one year, subject to division
(D)(2) of this section.
(C) If a child is adjudicated a delinquent child for
committing an act that would be aggravated murder, murder, or a
first, second, or third degree felony offense of violence if
committed by an adult and if the court determines that, if the
child was an adult, the child would be guilty of a specification
of the type set forth in section 2941.142 of the Revised Code in
relation to the act for which the child was adjudicated a
delinquent child, the court shall commit the child for the
specification to the legal custody of the department of youth
services for institutionalization in a secure facility for a
definite period of not less than one and not more than three
years, subject to division (D)(2) of this section, and the court
also shall commit the child to the department for the underlying
delinquent act.
(D)(1) If the child is adjudicated a delinquent child for
committing an act that would be an offense of violence that is a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(1) of section 2152.16 of the Revised Code and if the court
determines that the child, if the child was an adult, would be
guilty of a specification of the type set forth in section
2941.1411 of the Revised Code in relation to the act for which the
child was adjudicated a delinquent child, the court may commit the
child to the custody of the department of youth services for
institutionalization in a secure facility for up to two years,
subject to division (D)(2) of this section.
(2) A court that imposes a period of commitment under
division (A) or (B) of this section is not precluded from imposing
an additional period of commitment under division (C) or (D)(1) of
this section, a court that imposes a period of commitment under
division (C) of this section is not precluded from imposing an
additional period of commitment under division (A), (B), or (D)(1)
of this section, and a court that imposes a period of commitment
under division (D)(1) of this section is not precluded from
imposing an additional period of commitment under division (A),
(B), or (C) of this section.
(E) The court shall not commit a child to the legal custody
of the department of youth services for a specification pursuant
to this section for a period that exceeds five years for any one
delinquent act. Any commitment imposed pursuant to division (A),
(B), (C), or (D)(1) of this section shall be in addition to, and
shall be served consecutively with and prior to, a period of
commitment ordered under this chapter for the underlying
delinquent act, and each the child shall be eligible for judicial
release during the commitments in accordance with section 2152.22
of the Revised Code. Each commitment imposed pursuant to division
(A), (B), (C), or (D)(1) of this section shall be in addition to,
and shall be served consecutively with, any other period of
commitment imposed under any of those divisions, and the child
shall be eligible for judicial release during the commitments in
accordance with section 2152.22 of the Revised Code. If a
commitment is imposed under division (A) or (B) of this section
and a commitment also is imposed under division (C) of this
section, the period imposed under division (A) or (B) of this
section shall be served prior to the period imposed under division
(C) of this section, and the child shall be eligible for judicial
release during the commitments in accordance with section 2152.22
of the Revised Code.
In each case in which a court makes a disposition under this
section, the court retains control over the commitment for the
entire period of the commitment.
The total of all the periods of commitment imposed for any
specification under this section and for the underlying offense
shall not exceed the child's attainment of twenty-one years of
age.
(F) If a child is adjudicated a delinquent child for
committing two or more acts that would be felonies if committed by
an adult and if the court entering the delinquent child
adjudication orders the commitment of the child for two or more of
those acts to the legal custody of the department of youth
services for institutionalization in a secure facility pursuant to
section 2152.13 or 2152.16 of the Revised Code, the court may
order that all of the periods of commitment imposed under those
sections for those acts be served consecutively in the legal
custody of the department of youth services, provided that those
periods of commitment shall be in addition to and commence
immediately following the expiration of a period of commitment
that the court imposes pursuant to division (A), (B), (C), or
(D)(1) of this section. A court shall not commit a delinquent
child to the legal custody of the department of youth services
under this division for a period that exceeds the child's
attainment of twenty-one years of age.
Sec. 2152.22. (A) When a child is committed to the legal
custody of the department of youth services under this chapter,
the juvenile court relinquishes control with respect to the child
so committed, except as provided in divisions (B), (C), and (G) of
this section or in sections 2152.82 to 2152.86 of the Revised
Code. Subject to divisions (B) and (C) of this section, sections
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections
2152.82 to 2152.86 of the Revised Code, and any other provision of
law that specifies a different duration for a dispositional order,
all other dispositional orders made by the court under this
chapter shall be temporary and shall continue for a period that is
designated by the court in its order, until terminated or modified
by the court or until the child attains twenty-one years of age.
The department shall not release the child from a department
facility and as a result shall not discharge the child or order
the child's release on supervised release prior to the expiration
of the minimum period specified by the court in division (A)(1) of
section 2152.16 of the Revised Code and, prior to the expiration
of any term of commitment imposed under section 2152.17 of the
Revised Code, or prior to the child's attainment of twenty-one
years of age, except upon the order of a court pursuant to
division (B) or (C) of this section or in accordance with section
5139.54 of the Revised Code.
(B)(1) The court that commits a delinquent child to the
department may grant judicial release of the child to court
supervision under this division for any of the following periods
of time:
(a) Except as otherwise provided in division (B)(1)(c) of
this section, if the child was committed to the department for a
prescribed minimum period and a maximum period not to exceed the
child's attainment of twenty-one years of age, the court may grant
judicial release of the child to court supervision during the
first half of the
that prescribed minimum term for which the child
was committed to the department or, if period of commitment.
(b) Except as otherwise provided in division (B)(1)(d) of
this section, if the child was committed to the department until
the child attains twenty-one years of age, the court may grant
judicial release of the child to court supervision during the
first half of the prescribed period of commitment that begins on
the first day of that commitment and ends on the child's
twenty-first birthday, provided any commitment imposed under
division (A), (B), (C), or (D) of section 2152.17 of the Revised
Code has ended.
(c) If the child was committed to the department for both one
or more definite periods under division (A), (B), (C), or (D) of
section 2152.17 of the Revised Code and a period of the type
described in division (B)(1)(a) of this section, all of the
prescribed definite periods of commitment imposed under division
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and
the prescribed minimum period of commitment of the type described
in division (B)(1)(a) of this section shall be aggregated for
purposes of this division and the court may grant judicial release
of the child to court supervision during the first half of that
aggregate minimum period of commitment.
(d) If the child was committed to the department for both one
or more definite periods under division (A), (B), (C), or (D) of
section 2152.17 of the Revised Code and a period of the type
described in division (B)(1)(b) of this section, the court may
grant judicial release of the child to court supervision during
the first half of the prescribed minimum period of commitment that
begins on the first day of the first prescribed definite period of
commitment imposed under division (A), (B), (C), or (D) of section
2152.17 of the Revised Code and ends on the child's twenty-first
birthday.
(2) If the department of youth services desires to release a
child during a period specified in division (B)(1) of this
section, it shall request the court that committed the child to
grant a judicial release of the child to court supervision. During
whichever of those periods is applicable, the child or the parents
of the child also may request that court to grant a judicial
release of the child to court supervision. Upon receipt of a
request for a judicial release to court supervision from the
department, the child, or the child's parent, or upon its own
motion, the court that committed the child shall do one of the
following: approve the release by journal entry; schedule within
thirty days after the request is received a time for a hearing on
whether the child is to be released; or reject the request by
journal entry without conducting a hearing.
If the court rejects an initial request for a release under
this division by the child or the child's parent, the child or the
child's parent may make one additional request for a judicial
release to court supervision within the applicable period. The
additional request may be made no earlier than thirty days after
the filing of the prior request for a judicial release to court
supervision. Upon the filing of a second request for a judicial
release to court supervision, the court shall either approve or
disapprove the release by journal entry or schedule within thirty
days after the request is received a time for a hearing on whether
the child is to be released.
(3) If a court schedules a hearing under division (B)(2) of
this section, it may order the department to deliver the child to
the court on the date set for the hearing and may order the
department to present to the court a report on the child's
progress in the institution to which the child was committed and
recommendations for conditions of supervision of the child by the
court after release. The court may conduct the hearing without the
child being present. The court shall determine at the hearing
whether the child should be granted a judicial release to court
supervision.
If the court approves the release, it shall order its staff
to prepare a written treatment and rehabilitation plan for the
child that may include any conditions of the child's release that
were recommended by the department and approved by the court. The
committing court shall send the juvenile court of the county in
which the child is placed a copy of the recommended plan. The
court of the county in which the child is placed may adopt the
recommended conditions set by the committing court as an order of
the court and may add any additional consistent conditions it
considers appropriate. If a child is granted a judicial release to
court supervision, the release discharges the child from the
custody of the department of youth services.
(C)(1) The court that commits a delinquent child to the
department may grant judicial release of the child to department
of youth services supervision under this division
during the
second for any of the following periods of time:
(a) Except as otherwise provided in division (C)(1)(c) of
this section, if the child was committed to the department for a
prescribed minimum period and a maximum period not to exceed the
child's attainment of twenty-one years of age, the court may grant
judicial release of the child to department of youth services
supervision at any time after the expiration of the first half of
the that prescribed minimum term for which the child was committed
to the department or, if period of commitment.
(b) Except as otherwise provided in division (C)(1)(d) of
this section, if the child was committed to the department until
the child attains twenty-one years of age, the court may grant
judicial release of the child to department of youth services
supervision during the second half of the prescribed period of
commitment that begins on the first day of that commitment and
ends on the child's twenty-first birthday, provided any commitment
imposed under division (A), (B), (C), or (D) of section 2152.17 of
the Revised Code has ended;
(c) If the child was committed to the department for both one
or more definite periods under division (A), (B), (C), or (D) of
section 2152.17 of the Revised Code and a period of the type
described in division (C)(1)(a) of this section, all of the
prescribed definite periods of commitment imposed under division
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and
the prescribed minimum period of commitment of the type described
in division (C)(1)(a) of this section shall be aggregated for
purposes of this division, and the court may grant judicial
release of the child to department of youth services supervision
at any time after the expiration of the first half of that
aggregate minimum period of commitment.
(d) If the child was committed to the department for both one
or more definite periods under division (A), (B), (C), or (D) of
section 2152.17 of the Revised Code and a period of the type
described in division (C)(1)(b) of this section, the court may
grant judicial release of the child to department of youth
services supervision during the second half of the prescribed
minimum period of commitment that begins on the first day of the
first prescribed definite period of commitment imposed under
division (A), (B), (C), or (D) of section 2152.17 of the Revised
Code and ends on the child's twenty-first birthday.
(2) If the department of youth services desires to release a
child during a period specified in division (C)(1) of this
section, it shall request the court that committed the child to
grant a judicial release to department of youth services
supervision. During whichever of those periods is applicable, the
child or the child's parent also may request the court that
committed the child to grant a judicial release to department of
youth services supervision. Upon receipt of a request for judicial
release to department of youth services supervision, the child, or
the child's parent, or upon its own motion at any time during that
period, the court shall do one of the following: approve the
release by journal entry; schedule a time within thirty days after
receipt of the request for a hearing on whether the child is to be
released; or reject the request by journal entry without
conducting a hearing.
If the court rejects an initial request for release under
this division by the child or the child's parent, the child or the
child's parent may make one or more subsequent requests for a
release within the applicable period, but may make no more than
one request during each period of ninety days that the child is in
a secure department facility after the filing of a prior request
for early release. Upon the filing of a request for release under
this division subsequent to an initial request, the court shall
either approve or disapprove the release by journal entry or
schedule a time within thirty days after receipt of the request
for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (C)(2) of
this section, it may order the department to deliver the child to
the court on the date set for the hearing and shall order the
department to present to the court at that time a treatment plan
for the child's post-institutional care. The court may conduct the
hearing without the child being present. The court shall determine
at the hearing whether the child should be granted a judicial
release to department of youth services supervision.
If the court approves the judicial release to department of
youth services supervision, the department shall prepare a written
treatment and rehabilitation plan for the child pursuant to
division (E) of this section that shall include the conditions of
the child's release. It shall send the committing court and the
juvenile court of the county in which the child is placed a copy
of the plan. The court of the county in which the child is placed
may adopt the conditions set by the department as an order of the
court and may add any additional consistent conditions it
considers appropriate, provided that the court may not add any
condition that decreases the level or degree of supervision
specified by the department in its plan, that substantially
increases the financial burden of supervision that will be
experienced by the department, or that alters the placement
specified by the department in its plan. If the court of the
county in which the child is placed adds to the department's plan
any additional conditions, it shall enter those additional
conditions in its journal and shall send to the department a copy
of the journal entry of the additional conditions.
If the court approves the judicial release to department of
youth services supervision, the actual date on which the
department shall release the child is contingent upon the
department finding a suitable placement for the child. If the
child is to be returned to the child's home, the department shall
return the child on the date that the court schedules for the
child's release or shall bear the expense of any additional time
that the child remains in a department facility. If the child is
unable to return to the child's home, the department shall
exercise reasonable diligence in finding a suitable placement for
the child, and the child shall remain in a department facility
while the department finds the suitable placement.
(D) If a child is released under division (B) or (C) of this
section and the court of the county in which the child is placed
has reason to believe that the child's deportment is not in
accordance with the conditions of the child's judicial release,
the court of the county in which the child is placed shall
schedule a time for a hearing to determine whether the child
violated any of the post-release conditions, and, if the child was
released under division (C) of this section, divisions (A) to (E)
of section 5139.52 of the Revised Code apply regarding the child.
If that court determines at the hearing that the child
violated any of the post-release conditions, the court, if it
determines that the violation was a serious violation, may order
the child to be returned to the department for
institutionalization, consistent with the original order of
commitment of the child, or in any case may make any other
disposition of the child authorized by law that the court
considers proper. If the court of the county in which the child is
placed orders the child to be returned to a department of youth
services institution, the time during which the child was held in
a secure department facility prior to the child's judicial release
shall be considered as time served in fulfilling the prescribed
period of institutionalization that is applicable to the child
under the child's original order of commitment. If the court
orders the child returned to a department institution, the child
shall remain in institutional care for a minimum of three months
or until the child successfully completes a revocation program of
a duration of not less than thirty days operated either by the
department or by an entity with which the department has
contracted to provide a revocation program.
(E) The department of youth services, prior to the release of
a child pursuant to division (C) of this section, shall do all of
the following:
(1) After reviewing the child's rehabilitative progress
history and medical and educational records, prepare a written
treatment and rehabilitation plan for the child that includes
conditions of the release;
(2) Completely discuss the conditions of the plan prepared
pursuant to division (E)(1) of this section and the possible
penalties for violation of the plan with the child and the child's
parents, guardian, or legal custodian;
(3) Have the plan prepared pursuant to division (E)(1) of
this section signed by the child, the child's parents, legal
guardian, or custodian, and any authority or person that is to
supervise, control, and provide supportive assistance to the child
at the time of the child's release pursuant to division (C) of
this section;
(4) Prior to the child's release, file a copy of the
treatment plan prepared pursuant to division (E)(1) of this
section with the committing court and the juvenile court of the
county in which the child is to be placed.
(F) The department of youth services shall file a written
progress report with the committing court regarding each child
released pursuant to division (C) of this section at least once
every thirty days unless specifically directed otherwise by the
court. The report shall indicate the treatment and rehabilitative
progress of the child and the child's family, if applicable, and
shall include any suggestions for altering the program, custody,
living arrangements, or treatment. The department shall retain
legal custody of a child so released until it discharges the child
or until the custody is terminated as otherwise provided by law.
(G) When a child is committed to the legal custody of the
department of youth services, the court retains jurisdiction to
perform the functions specified in section 5139.51 of the Revised
Code with respect to the granting of supervised release by the
release authority and to perform the functions specified in
section 5139.52 of the Revised Code with respect to violations of
the conditions of supervised release granted by the release
authority and to the revocation of supervised release granted by
the release authority.
Sec. 2152.26. (A) Except as provided in divisions (B) and
(F) of this section, a child alleged to be or adjudicated a
delinquent child or a juvenile traffic offender may be held only
in the following places:
(1) A certified foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of this
section, a child alleged to be or adjudicated a delinquent child
may be held in a detention facility for delinquent children that
is under the direction or supervision of the court or other public
authority or of a private agency and approved by the court and a
child adjudicated a delinquent child may be held in accordance
with division (F)(2) of this section in a facility of a type
specified in that division. Division (B) of this section does not
apply to a child alleged to be or adjudicated a delinquent child
for chronic truancy, unless the child violated a lawful court
order made pursuant to division (A)(6) of section 2152.19 of the
Revised Code. Division (B) of this section also does not apply to
a child alleged to be or adjudicated a delinquent child for being
an habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, unless the child violated a
lawful court order made pursuant to division (C)(1)(e) of section
2151.354 of the Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(5) of section 2152.21
of the Revised Code, a child alleged to be or adjudicated a
juvenile traffic offender may not be held in any of the following
facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under this section, sections 2151.56
to 2151.61 2151.59, and divisions (A)(5) and (6) of section
2152.21 of the Revised Code, a child alleged to be or adjudicated
a juvenile traffic offender may not be held for more than
twenty-four hours in a detention facility.
(D) Except as provided in division (F) of this section or in
division (C) of section 2151.311, in division (C)(2) of section
5139.06 and section 5120.162, or in division (B) of section
5120.16 of the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of this
section or division (C) of section 2151.311, division (C)(2) of
section 5139.06 and section 5120.162, or division (B) of section
5120.16 of the Revised Code, the official in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child
to a detention facility designated by the court.
(F)(1) If a case is transferred to another court for criminal
prosecution pursuant to section 2152.12 of the Revised Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the law
governing the detention of persons charged with crime. Any child
so held shall be confined in a manner that keeps the child beyond
the range of touch of all adult detainees. The child shall be
supervised at all times during the detention.
(2) If a person is adjudicated a delinquent child or juvenile
traffic offender and the court makes a disposition of the person
under this chapter, at any time after the person attains eighteen
years of age, the person may be held under that disposition in
places other than those specified in division (A) of this section,
including, but not limited to, a county, multicounty, or municipal
jail or workhouse, or other place where an adult convicted of
crime, under arrest, or charged with crime is held.
(3)(a) A person alleged to be a delinquent child may be held
in places other than those specified in division (A) of this
section, including, but not limited to, a county, multicounty, or
municipal jail, if the delinquent act that the child allegedly
committed would be a felony if committed by an adult, and if
either of the following applies:
(i) The person attains eighteen years of age before the
person is arrested or apprehended for that act.
(ii) The person is arrested or apprehended for that act
before the person attains eighteen years of age, but the person
attains eighteen years of age before the court orders a
disposition in the case.
(b) If, pursuant to division (F)(3)(a) of this section, a
person is held in a place other than a place specified in division
(A) of this section, the person has the same rights to bail as an
adult charged with the same offense who is confined in a jail
pending trial.
Sec. 2152.51. (A) As used in sections 2152.51 to 2152.59 of
the Revised Code:
(1) "Competent" and "competency" refer to a child's ability
to understand the nature and objectives of a proceeding against
the child and to assist in the child's defense. A child is
incompetent if, due to mental illness, mental retardation,
developmental disability, or lack of developmental capacity, the
child is presently incapable of understanding the nature and
objective of proceedings against the child or of assisting in the
child's defense.
(2) "Delinquent child proceeding" means any proceeding under
this chapter.
(3) "A person who is at least moderately mentally retarded"
has the same meaning as in section 5123.01 of the Revised Code.
(B) Each juvenile court shall adopt rules to expedite
proceedings under sections 2152.51 to 2152.59 of the Revised Code.
The rules shall include provisions for giving notice of any
hearings held under those sections and for staying any proceedings
on the underlying complaint pending the determinations under those
sections.
(C) At a competency-related hearing held under section
2152.53 or 2152.58 of the Revised Code, the child shall be
represented by an attorney. If the child is indigent and cannot
obtain counsel, the court shall appoint an attorney under Chapter
120. of the Revised Code or the Rules of Juvenile Procedure.
Sec. 2152.52. (A) In a proceeding in which a party seeks an
adjudication that a child is a delinquent child, any party or the
court may move for a determination regarding the child's
competency to participate in the proceeding.
(B) The court may find a child incompetent to proceed without
ordering an evaluation of the child's competency or holding a
hearing to determine the child's competency if either of the
following applies:
(1) The prosecuting attorney, the child's attorney, and at
least one of the child's parents, guardians, or custodians agree
to the determination.
(2) The court relies on a prior court determination that the
child was incompetent and could not attain competency even if the
child were to participate in competency attainment services.
Sec. 2152.53. (A)(1) Within five business days after a
motion is made under section 2152.52 of the Revised Code, the
court shall do one of the following:
(a) Make a determination of incompetency under division (B)
of section 2152.52 of the Revised Code;
(b) Determine, without holding a hearing, whether there is a
reasonable basis to conduct a competency evaluation;
(c) Hold a hearing to determine whether there is a reasonable
basis to conduct a competency evaluation.
(2) If the court holds a hearing, it shall make its
determination within three business days after the conclusion of
the hearing. If the court determines that there is a reasonable
basis for a competency evaluation or if the prosecuting attorney
and the child's attorney agree to an evaluation, the court shall
order a competency evaluation and appoint an evaluator.
(B) If the court orders a competency evaluation, the court
shall inform the child and the child's attorney that the child may
obtain an additional evaluation at the child's cost, that the
evaluation must be completed within the time allowed for
completion of the evaluation ordered by the court under division
(A) of this section, and that the evaluation must meet all the
criteria that apply to the court-ordered evaluation.
(C) A court shall not order a child into detention solely for
the purpose of obtaining a competency evaluation. If a child who
has already been committed to detention for other reasons is
ordered to receive a competency evaluation, a court may not extend
the time to complete the evaluation beyond the period for which
the child has been detained.
Sec. 2152.54. (A) An evaluation of a child who does not
appear to the court to be a person who is at least moderately
mentally retarded shall be made by an evaluator who is one of the
following:
(1) A professional employed by a psychiatric facility or
center certified by the department of mental health to provide
forensic services and appointed by the director of the facility or
center to conduct the evaluation;
(2) A psychiatrist or a licensed clinical psychologist who
satisfies the criteria of division (I)(1) of section 5122.01 of
the Revised Code and has specialized education, training, or
experience in forensic evaluations of children or adolescents.
(B) An evaluation of a child who appears to the court to be a
person who is at least moderately mentally retarded shall be made
by a psychiatrist or licensed clinical psychologist who satisfies
the criteria of division (I)(1) of section 5122.01 of the Revised
Code and has specialized education, training, or experience in
forensic evaluations of children or adolescents who have mental
retardation.
(C) If an evaluation is conducted by an evaluator of the type
described in division (A)(1) or (2) of this section and the
evaluator concludes that the child is a person who is at least
moderately mentally retarded, the evaluator shall discontinue the
evaluation and notify the court within one business day after
reaching the conclusion. Within two business days after receiving
notification, the court shall order the child to undergo an
evaluation by an evaluator of the type described in division (B)
of this section. Within two business days after the appointment of
the new evaluator, the original evaluator shall deliver to the new
evaluator all information relating to the child obtained during
the original evaluation.
Sec. 2152.55. (A) If a court orders a child to receive an
evaluation under section 2152.53 of the Revised Code, the child
and the child's parents, guardians, or custodians shall be
available at the times and places established by the evaluator who
conducts the evaluation. The evaluation shall be performed in the
least restrictive setting available that will both facilitate an
evaluation and maintain the safety of the child and community. If
the child has been released on temporary or interim orders and
refuses or fails to submit to the evaluation, the court may amend
the conditions of the orders in whatever manner necessary to
facilitate an evaluation.
(B) The court shall provide in its evaluation order that the
evaluator shall have access to all relevant private and public
records related to the child, including competency evaluations and
reports conducted in prior delinquent child proceedings. The court
may include an order for all relevant private and public records
related to the child in the journal entry ordering the evaluation.
(C) By the end of the next business day after the court
appoints an evaluator, the prosecuting attorney shall deliver to
the evaluator copies of relevant police reports and other
background information that pertain to the child and that are in
the prosecuting attorney's possession, except for any information
that the prosecuting attorney determines would, if released,
interfere with the effective prosecution of any person or create a
substantial risk of harm to any person. If a law enforcement
agency filed charges against the child directly with the court,
the clerk of courts shall deliver the information that a
prosecuting attorney otherwise would have delivered.
(D) By the end of the next business day after the court
appoints an evaluator, the child's attorney shall deliver to the
evaluator copies of relevant police reports and other background
information that pertain to the child and that are in the
attorney's possession and that is not protected by attorney-client
privilege.
Sec. 2152.56. (A) Upon completing an evaluation ordered
pursuant to section 2152.53 of the Revised Code, an evaluator
shall submit to the court a written competency assessment report.
The report shall include the evaluator's opinion as to whether the
child, due to mental illness, mental retardation, developmental
disability, or lack of developmental capacity, is presently
incapable of understanding the nature and objective of the
proceedings against the child or of assisting in the child's
defense. The report shall not include any opinion as to the
child's sanity at the time of the alleged offense, details of the
alleged offense as reported by the child, or an opinion as to
whether the child actually committed the offense or could have
been culpable for committing the offense.
(B) A competency assessment report shall address the child's
capacity to do all of the following:
(1) Comprehend and appreciate the charges or allegations
against the child;
(2) Communicate effectively with counsel;
(3) Understand the adversarial nature of the proceedings,
including the role of the judge, defense counsel, prosecuting
attorney, guardian ad litem or court-appointed special assistant,
and witnesses;
(4) Manifest appropriate courtroom behavior;
(5) Comprehend legal advice and consider defense options;
(6) Participate in the proceeding and testify relevantly;
(7) Comprehend and appreciate the range and nature of
potential consequences that may be imposed or result from the
proceedings.
(C) A competency assessment report shall include the
evaluator's opinion regarding the extent to which the child's
competency may be impaired by the child's failure to meet one or
more of the criteria listed in division (B) of this section. If
the evaluator concludes that the child's competency is impaired
but that the child may be enabled to understand the nature and
objectives of the proceeding against the child and to assist in
the child's defense with reasonable accommodations, the report
shall include recommendations for those reasonable accommodations
that the court might make. If the evaluator concludes that the
child's competency is so impaired that the child would not be able
to understand the nature and objectives of the proceeding against
the child and to assist in the child's defense, the report shall
include an opinion as to the likelihood that the child could
attain competency within the periods set forth in division (D)(2)
of section 2152.59 of the Revised Code.
(D) If the evaluator concludes that the child could likely
attain competency within the periods set forth in division (D)(2)
of section 2152.59 of the Revised Code, the competency assessment
report shall include both of the following:
(1) A recommendation as to the least restrictive setting for
child competency attainment services that is consistent with the
child's ability to attain competency and the safety of both the
child and the community;
(2) A list of the providers of child competency attainment
services known to the evaluator that are located most closely to
the child's current residence.
(E) If the evaluator is unable, within the maximum allowable
time for submission of a competency assessment report under
division (A) of section 2152.57 of the Revised Code, to form an
opinion regarding the extent to which the child's competency may
be impaired by the child's failure to meet one or more of the
criteria listed in division (B) of this section, the evaluator
shall so state in the report. The evaluator shall also include
recommendations for services to support the safety of the child or
the community.
Sec. 2152.57. (A) An evaluator appointed by the court under
section 2152.53 of the Revised Code shall submit a competency
assessment report to the court as soon as possible but not more
than thirty calendar days after the order appointing the evaluator
is issued. The court may grant one extension for a reasonable
length of time if doing so would aid the evaluator in completing
the evaluation.
(B) No competency assessment report obtained independently by
the child may be admitted into evidence unless it is submitted to
the court within the time allowed for submission of a report by a
court-appointed evaluator under division (A) of this section and
meets all the criteria that apply to a court-ordered report.
(C) The court shall provide a copy of each competency
assessment report it receives to the prosecuting attorney, the
child's attorney, and the child's parents, guardian, or custodian.
Counsel shall not disseminate the report except as necessary to
receive clarification of the contents of the report.
(D) The expenses of obtaining an evaluation ordered by the
court may not be recovered from the child or the child's parents
or guardians. However, expenses associated with missed
appointments may be assessed to the child's parents or guardians.
(E)(1) Before a hearing is held under section 2152.58 of the
Revised Code, any party may object to the contents of a competency
assessment report and by motion request an additional evaluation.
The court may grant the motion if the moving party shows a
reasonable probability that the findings in an additional
evaluation would aid the court's determination to such a degree
that denial of the request would result in an unfair
determination. An evaluator shall complete an additional
evaluation as soon as possible but not more than thirty calendar
days after the order allowing the additional evaluation is issued.
An additional evaluation shall meet all the criteria that apply to
a court-ordered evaluation.
(2) An additional evaluation allowed under division (E)(1) of
this section shall be made at the moving party's expense unless
the child is indigent. If the child is indigent, the county shall
pay the costs of the additional evaluation. However, the county
shall not be required to pay costs exceeding that which the county
would normally pay for a competency evaluation conducted by a
provider with which the court or county has contracted to conduct
competency evaluations.
Sec. 2152.58. (A) Not less than five nor more than ten
business days after receiving an evaluation under division (A) of
section 2152.57 of the Revised Code or not less than five nor more
than ten business days after receiving an additional evaluation
under division (E) of that section, the court shall hold a hearing
to determine the child's competency to participate in the
proceeding.
(B) At a hearing held under this section, a competency
assessment report may be admitted into evidence by stipulation. If
a report is admitted into evidence by stipulation, the court may
contact the evaluator ex parte to obtain clarification of the
report contents. If the court contacts an evaluator for that
purpose, the court shall promptly inform all parties about the
substance of its communication with the evaluator and shall allow
each party a reasonable opportunity to respond.
(C) In determining the competency of the child to participate
in the proceeding, the court shall consider the content of all
competency assessment reports admitted as evidence. The court may
consider additional evidence, including the court's own
observations of the child's conduct and demeanor in the courtroom.
(D)(1) The court shall make a written determination as to
the child's competency or incompetency based on a preponderance of
the evidence within five business days after completion of the
hearing.
(2) The court shall not find a child incompetent to proceed
solely because the child is receiving or has received treatment as
a voluntary or involuntary mentally ill patient under Chapter
5122. of the Revised Code, is or has been institutionalized under
Chapter 5123. of the Revised Code, or is receiving or has received
psychotropic or other medication, even if the child might become
incompetent to proceed without that medication.
Sec. 2152.59. (A) If after a hearing held pursuant to
section 2152.58 of the Revised Code the court determines that a
child is competent, the court shall proceed with the delinquent
child's proceeding as provided by law. No statement that a child
makes during an evaluation or hearing conducted under sections
2152.51 through 2152.59 of the Revised Code shall be used against
the child on the issue of responsibility or guilt in any child or
adult proceeding.
(B) If after a hearing held pursuant to section 2152.58 of
the Revised Code the court determines that the child is not
competent and cannot attain competency within the period of time
applicable under division (D)(2) of this section, the court shall
dismiss the charges without prejudice, except that the court may
delay dismissal for up to forty-five calendar days and do either
of the following:
(1) Refer the matter to a public children services agency and
request that agency determine whether to file an action in
accordance with section 2151.27 of the Revised Code alleging that
the child is a dependent, neglected, or abused child;
(2) Assign court staff to refer the child or the child's
family to the local family and children first council or an agency
funded by the department of mental health or department of
developmental disabilities or otherwise secure services to reduce
the potential that the child would engage in behavior that could
result in delinquent child or other criminal charges.
(C) If after a hearing held pursuant to section 2152.58 of
the Revised Code the court determines that a child is not
competent but could likely attain competency by participating in
services specifically designed to help the child develop
competency, the court may order the child to participate in
services specifically designed to help the child develop
competency at county expense. The court shall name a reliable
provider to deliver the competency attainment services and shall
order the child's parent, guardian, or custodian to contact that
provider by a specified date to arrange for services.
(D) The competency attainment services provided to a child
shall be based on a competency attainment plan described in
division (E)(2) of this section and approved by the court.
Services are subject to the following conditions and time periods
measured from the date the court approves the plan:
(1) Services shall be provided in the least restrictive
setting that is consistent with the child's ability to attain
competency and the safety of both the child and the community. If
the child has been released on temporary or interim orders and
refuses or fails to cooperate with the service provider, the court
may reassess the orders and amend them to require a more
appropriate setting.
(2) No child shall be required to participate in competency
attainment services for longer than is required for the child to
attain competency. The following maximum periods of participation
apply:
(a) If a child is ordered to participate in competency
attainment services that are provided outside of a residential
setting, the child shall not participate in those services for a
period exceeding three months if the child is charged with an act
that would be a misdemeanor if committed by an adult, six months
if the child is charged with an act that would be a felony of the
third, fourth, or fifth degree if committed by an adult, or one
year if the child is charged with an act that would be a felony of
the first or second degree, aggravated murder or murder if
committed by an adult.
(b) If a child is ordered to receive competency attainment
services that are provided in a residential setting that is
operated solely or in part for the purpose of providing competency
attainment services, the child shall not participate in those
services for a period exceeding forty-five calendar days if the
child is charged with an act that would be a misdemeanor if
committed by an adult, three months if the child is charged with
an act that would be a felony of the third, fourth, or fifth
degree if committed by an adult, six months if the child is
charged with an act that would be a felony of the first or second
degree if committed by an adult, or one year if the child is
charged with an act that would be aggravated murder or murder if
committed by an adult.
(c) If a child is ordered into a residential, detention, or
other secured setting for reasons other than to participate in
competency attainment services and is also ordered to participate
in competency attainment services concurrently, the child shall
participate in the competency attainment services for not longer
than the relevant period set forth in division (D)(2)(a) of this
section.
(d) If a child is ordered to participate in competency
attainment services that require the child to live for some but
not all of the duration of the services in a residential setting
that is operated solely or in part for the purpose of providing
competency attainment services, the child shall participate in the
competency attainment services for not longer than the relevant
period set forth in division (D)(2)(b) of this section. For the
purpose of calculating a time period under division (D)(2)(d) of
this section, two days of participation in a nonresidential
setting shall equal one day of participation in a residential
setting.
(3) A child who receives competency attainment services in a
residential setting that is operated solely or partly for the
purpose of providing competency attainment services is in
detention for purposes of section 2921.34 and division (B) of
section 2152.18 of the Revised Code during the time that the child
resides in the residential setting.
(E)(1) By the end of the next business day after the court
names the provider responsible for the child's competency
attainment services under division (D) of this section, the court
shall deliver to that provider a copy of each competency
assessment report it has received for review. The provider shall
return the copies of the reports to the court upon the termination
of the services.
(2) Not later than twenty-one calendar days after the child
contacts the competency attainment services provider under
division (C) of this section, the provider shall submit to the
court a plan for the child to attain competency. The court shall
promptly provide copies of the plan to the prosecuting attorney,
the child's attorney, the child's guardian ad litem, if any, and
the child's parents, guardian, or custodian.
(F) The provider that provides the child's competency
attainment services pursuant to the competency attainment plan
shall submit reports to the court on the following schedule:
(1) A report on the child's progress every thirty calendar
days and on the termination of services;
(2) If the provider determines that the child is not
cooperating to a degree that would allow the services to be
effective to help the child attain competency, a report informing
the court of the determination within two business days after
making the determination;
(3) If the provider determines that the current setting is no
longer the least restrictive setting that is consistent with the
child's ability to attain competency and the safety of both the
child and the community, a report informing the court of the
determination within two business days after making the
determination;
(4) If the provider determines that the child has achieved
the goals of the plan and would be able to understand the nature
and objectives of the proceeding against the child and to assist
in the child's defense, with or without reasonable accommodations
to meet the criteria set forth in division (B) of section 2152.56
of the Revised Code, a report informing the court of that
determination within two business days after making the
determination. If the provider believes that accommodations would
be necessary or desirable, the report shall include
recommendations for accommodations.
(5) If the provider determines that the child will not
achieve the goals of the plan within the applicable period of time
under division (D)(2) of this section, a report informing the
court of the determination within two business days after making
the determination. The report shall include recommendations for
services for the child that would support the safety of the child
or the community.
(G) The court shall provide copies of any report made under
division (F) of this section to the prosecuting attorney, the
child's attorney, and the child's guardian ad litem, if any. The
court shall provide copies of any report made under division (F)
of this section to the child's parents, guardian, or custodian
unless the court finds that doing so is not in the best interest
of the child.
(H)(1) Within seven business days after receiving a report
under division (F) of this section, the court may hold a hearing
to determine if a new order is necessary. To assist in making a
determination under division (H) of this section, the court may
order a new competency evaluation in accordance with section
2152.53 of the Revised Code. Until a new order is issued or the
required period of participation expires, the child shall continue
to participate in competency attainment services.
(2) If after a hearing held under division (H)(1) of this
section the court determines that the child is not making progress
toward competency or is so uncooperative that attainment services
cannot be effective, the court may order a change in setting or
services that would help the child attain competency within the
relevant period of time under division (D)(2) of this section.
(3) If after a hearing held under division (H)(1) of this
section the court determines that the child has not or will not
attain competency within the relevant period of time under
division (D)(2) of this section, the court shall dismiss the
delinquency complaint, except that the court may delay dismissal
for up to forty-five calendar days and do either of the following:
(a) Refer the matter to a public children services agency and
request that agency determine whether to file an action in
accordance with section 2151.27 of the Revised Code alleging that
the child is a dependent, neglected, or abused child;
(b) Assign court staff to refer the child or the child's
family to the local family and children first council or an agency
funded by the department of mental health or department of
developmental disabilities or otherwise secure services to reduce
the potential that the child would engage in behavior that could
result in delinquency or other criminal charges.
(4) A dismissal under division (H)(3) of this section does
not preclude a future delinquent child proceeding or criminal
prosecution as provided under section 2151.23 of the Revised Code
if the child eventually attains competency.
(5) If after a hearing held under division (H)(1) of this
section the court determines that the child has attained
competency, the court shall proceed with the delinquent child's
proceeding in accordance with division (A) of this section.
(6) A dismissal under this section does not bar a civil
action based on the acts or omissions that formed the basis of the
complaint.
Sec. 2301.27. (A)(1)(a) The court of common pleas may
establish a county department of probation. The establishment of
the department shall be entered upon the journal of the court, and
the clerk of the court of common pleas shall certify a copy of the
journal entry establishing the department to each elective officer
and board of the county. The department shall consist of a chief
probation officer and the number of other probation officers and
employees, clerks, and stenographers that is fixed from time to
time by the court. The court shall appoint those individuals, fix
their salaries, and supervise their work. The
(b) When appointing a chief probation officer, the court
shall do all of the following:
(i) Publicly advertise the position on the court's web site,
including, but not limited to, the job description, qualifications
for the position, and the application requirements;
(ii) Conduct a competitive hiring process that adheres to
state and federal equal employment opportunity laws;
(iii) Review applicants who meet the posted qualifications
and comply with the application requirements.
(c) The court shall not appoint as a probation officer any
person who does not possess the training, experience, and other
qualifications prescribed by the adult parole authority created by
section 5149.02 of the Revised Code. Probation officers have all
the powers of regular police officers and shall perform any duties
that are designated by the judge or judges of the court. All
positions within the department of probation shall be in the
classified service of the civil service of the county.
(2) If two or more counties desire to jointly establish a
probation department for those counties, the judges of the courts
of common pleas of those counties may establish a probation
department for those counties. If a probation department is
established pursuant to division (A)(2) of this section to serve
more than one county, the judges of the courts of common pleas
that established the department shall designate the county
treasurer of one of the counties served by the department as the
treasurer to whom probation fees paid under section 2951.021 of
the Revised Code are to be appropriated and transferred under
division (A)(2) of section 321.44 of the Revised Code for deposit
into the multicounty probation services fund established under
division (B) of section 321.44 of the Revised Code.
The cost of the administration and operation of a probation
department established for two or more counties shall be prorated
to the respective counties on the basis of population.
(3) Probation officers shall receive, in addition to their
respective salaries, their necessary and reasonable travel and
other expenses incurred in the performance of their duties. Their
salaries and expenses shall be paid monthly from the county
treasury in the manner provided for the payment of the
compensation of other appointees of the court.
(4) Probation officers shall be trained in accordance with a
set of minimum standards that are established by the adult parole
authority of the department of rehabilitation and correction.
(B)(1) In lieu of establishing a county department of
probation under division (A) of this section and in lieu of
entering into an agreement with the adult parole authority as
described in division (B) of section 2301.32 of the Revised Code,
the court of common pleas may request the board of county
commissioners to contract with, and upon that request the board
may contract with, any nonprofit, public or private agency,
association, or organization for the provision of probation
services and supervisory services for persons placed under
community control sanctions. The contract shall specify that each
individual providing the probation services and supervisory
services shall possess the training, experience, and other
qualifications prescribed by the adult parole authority. The
individuals who provide the probation services and supervisory
services shall not be included in the classified or unclassified
civil service of the county.
(2) In lieu of establishing a county department of probation
under division (A) of this section and in lieu of entering into an
agreement with the adult parole authority as described in division
(B) of section 2301.32 of the Revised Code, the courts of common
pleas of two or more adjoining counties jointly may request the
boards of county commissioners of those counties to contract with,
and upon that request the boards of county commissioners of two or
more adjoining counties jointly may contract with, any nonprofit,
public or private agency, association, or organization for the
provision of probation services and supervisory services for
persons placed under community control sanctions for those
counties. The contract shall specify that each individual
providing the probation services and supervisory services shall
possess the training, experience, and other qualifications
prescribed by the adult parole authority. The individuals who
provide the probation services and supervisory services shall not
be included in the classified or unclassified civil service of any
of those counties.
(C) The chief probation officer may grant permission to a
probation officer to carry firearms when required in the discharge
of official duties if the probation officer has successfully
completed a basic firearm training program that is approved by the
executive director of the Ohio peace officer training commission.
A probation officer who has been granted permission to carry a
firearm in the discharge of official duties, annually shall
successfully complete a firearms requalification program in
accordance with section 109.801 of the Revised Code.
(D) As used in this section and sections 2301.28 to 2301.32
of the Revised Code, "community control sanction" has the same
meaning as in section 2929.01 of the Revised Code.
Sec. 2301.271. (A) The adult parole authority of the
department of rehabilitation and correction, shall develop minimum
standards for the training of probation officers as provided by
section 2301.27 of the Revised Code.
(B) Within six months after the effective date of this
section, the department of rehabilitation and correction shall
make available a copy of the minimum standards to the following
entities:
(1) Every municipal court, county court, and court of common
pleas;
(2) Every probation department.
Sec. 2301.30. The court of common pleas of a county in which
a county department of probation is established under division (A)
of section 2301.27 of the Revised Code shall require the
department, in the rules through which the supervision of the
department is exercised or otherwise, to do all of the following:
(A) Furnish to each person under a community control sanction
or post-release control sanction or on parole under its
supervision or in its custody, a written statement of the
conditions of the community control sanction, post-release control
sanction, or parole and instruct the person regarding the
conditions;
(B) Keep informed concerning the conduct and condition of
each person in its custody or under its supervision by visiting,
the requiring of reports, and otherwise;
(C) Use all suitable methods, not inconsistent with the
conditions of the community control sanction, post-release control
sanction, or parole, to aid and encourage the persons under its
supervision or in its custody and to bring about improvement in
their conduct and condition;
(D) Publish policies regarding the supervision of
probationers that shall include, but not be limited to, all of the
following:
(1) The minimum number of supervision contacts required for
probationers, based on each probationer's risk to reoffend as
determined by the single validated risk assessment tool selected
by the department of rehabilitation and correction under section
5120.114 of the Revised Code, under which higher risk probationers
receive the greatest amount of supervision;
(2) A graduated response policy to govern which types of
violations a probation officer may respond to administratively and
which type require a violation hearing by the court.
(E) Keep detailed records of the work of the department, keep
accurate and complete accounts of all moneys collected from
persons under its supervision or in its custody, and keep or give
receipts for those moneys;
(E)(F) Make reports to the adult parole authority created by
section 5149.02 of the Revised Code that it requires;
(G) Provide the department of rehabilitation and correction
with a monthly report that includes statistical data needed to
support budget requests and satisfy requests for information
relating to the operation of probation departments under the
jurisdiction of courts of common pleas and municipal courts and
that shall include all of the following:
(1) A count of the number of individuals placed on probation;
(2) A count of the number of individuals terminated from
probation listed by type of termination, including revocation;
(3) The total number of individuals under supervision at the
end of the month;
(4) Any other elements, as determined necessary by the
department, that allow for better measurement of the types of
individuals placed on probation and their outcomes at termination.
Sec. 2903.01. (A) No person shall purposely, and with prior
calculation and design, cause the death of another or the unlawful
termination of another's pregnancy.
(B) No person shall purposely cause the death of another or
the unlawful termination of another's pregnancy while committing
or attempting to commit, or while fleeing immediately after
committing or attempting to commit, kidnapping, rape, aggravated
arson, arson, aggravated robbery, robbery, aggravated burglary,
burglary, trespass in a habitation when a person is present or
likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who
is under thirteen years of age at the time of the commission of
the offense.
(D) No person who is under detention as a result of having
been found guilty of or having pleaded guilty to a felony or who
breaks that detention shall purposely cause the death of another.
(E) No person shall purposely cause the death of a law
enforcement officer whom the offender knows or has reasonable
cause to know is a law enforcement officer when either of the
following applies:
(1) The victim, at the time of the commission of the offense,
is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law
enforcement officer.
(F) Whoever violates this section is guilty of aggravated
murder, and shall be punished as provided in section 2929.02 of
the Revised Code.
(G) As used in this section:
(1) "Detention" has the same meaning as in section 2921.01 of
the Revised Code.
(2) "Law enforcement officer" has the same meaning as in
section 2911.01 of the Revised Code.
Sec. 2909.03. (A) No person, by means of fire or explosion,
shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to
any property of another without the other person's consent;
(2) Cause, or create a substantial risk of, physical harm to
any property of the offender or another, with purpose to defraud;
(3) Cause, or create a substantial risk of, physical harm to
the statehouse or a courthouse, school building, or other building
or structure that is owned or controlled by the state, any
political subdivision, or any department, agency, or
instrumentality of the state or a political subdivision, and that
is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm,
through the offer or the acceptance of an agreement for hire or
other consideration, to any property of another without the other
person's consent or to any property of the offender or another
with purpose to defraud;
(5) Cause, or create a substantial risk of, physical harm to
any park, preserve, wildlands, brush-covered land, cut-over land,
forest, timberland, greenlands, woods, or similar real property
that is owned or controlled by another person, the state, or a
political subdivision without the consent of the other person, the
state, or the political subdivision;
(6) With purpose to defraud, cause, or create a substantial
risk of, physical harm to any park, preserve, wildlands,
brush-covered land, cut-over land, forest, timberland, greenlands,
woods, or similar real property that is owned or controlled by the
offender, another person, the state, or a political subdivision.
(B)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) of this section is one of
the following:
(a) Except as otherwise provided in division (B)(2)(b) of
this section, a misdemeanor of the first degree;
(b) If the value of the property or the amount of the
physical harm involved is five hundred
one thousand dollars or
more, a felony of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) of this
section is a felony of the fourth degree.
(4) A violation of division (A)(4) of this section is a
felony of the third degree.
Sec. 2909.05. (A) No person shall knowingly cause serious
physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical harm to
property that is owned or possessed by another, when either of the
following applies:
(a) The property is used by its owner or possessor in the
owner's or possessor's profession, business, trade, or occupation,
and the value of the property or the amount of physical harm
involved is five hundred
one thousand dollars or more;
(b) Regardless of the value of the property or the amount of
damage done, the property or its equivalent is necessary in order
for its owner or possessor to engage in the owner's or possessor's
profession, business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm to
property that is owned, leased, or controlled by a governmental
entity. A governmental entity includes, but is not limited to, the
state or a political subdivision of the state, a school district,
the board of trustees of a public library or public university, or
any other body corporate and politic responsible for governmental
activities only in geographical areas smaller than that of the
state.
(C) No person, without privilege to do so, shall knowingly
cause serious physical harm to any tomb, monument, gravestone, or
other similar structure that is used as a memorial for the dead;
to any fence, railing, curb, or other property that is used to
protect, enclose, or ornament any cemetery; or to a cemetery.
(D) No person, without privilege to do so, shall knowingly
cause physical harm to a place of burial by breaking and entering
into a tomb, crypt, casket, or other structure that is used as a
memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism.
Except as otherwise provided in this division, vandalism is a
felony of the fifth degree that is punishable by a fine of up to
two thousand five hundred dollars in addition to the penalties
specified for a felony of the fifth degree in sections 2929.11 to
2929.18 of the Revised Code. If the value of the property or the
amount of physical harm involved is five seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, vandalism is a felony of the fourth degree. If the value
of the property or the amount of physical harm involved is one
hundred fifty thousand dollars or more, vandalism is a felony of
the third degree.
(F) For purposes of this section:
(1) "Cemetery" means any place of burial and includes burial
sites that contain American Indian burial objects placed with or
containing American Indian human remains.
(2) "Serious physical harm" means physical harm to property
that results in loss to the value of the property of
five hundred
one thousand dollars or more.
Sec. 2909.11. (A) When a person is charged with a violation
of division (A)(1) of section 2909.03 of the Revised Code
involving property value or an amount of physical harm of five
hundred
one thousand dollars or more or with a violation of
section 2909.05 of the Revised Code involving property value or an
amount of physical harm of
five hundred
one thousand dollars or
more, the jury or court trying the accused shall determine the
value of the property or amount of physical harm and, if a guilty
verdict is returned, shall return the finding as part of the
verdict. In any such case, it is unnecessary to find or return the
exact value or amount of physical harm, section 2945.75 of the
Revised Code applies, and it is sufficient if either of the
following applies, as appropriate, relative to the finding and
return of the value or amount of physical harm:
(1) If the finding and return relate to a violation of
division (A)(1) of section 2909.03 of the Revised Code and are
that the value or amount of the physical harm was five hundred
one thousand dollars or more, the finding and return shall include
a statement that the value or amount was five hundred
one
thousand dollars or more.
(2) If the finding and return relate to a violation of
division section 2909.05 of the Revised Code and are that the
value or amount of the physical harm was in any of the following
categories, the finding and return shall include one of the
following statements, as appropriate:
(a) If the finding and return are that the value or amount
was one hundred fifty thousand dollars or more, a statement that
the value or amount was one hundred fifty thousand dollars or
more;
(b) If the finding and return are that the value or amount
was
five seven thousand five hundred dollars or more but less than
one hundred
fifty thousand dollars a statement that the value or
amount was five
seven thousand five hundred dollars or more but
less than one hundred fifty thousand dollars;
(c) If the finding and return are that the value or amount
was five hundred
one thousand dollars or more but less than five
seven thousand
five hundred dollars, a statement that the value
or amount was five hundred
one thousand dollars or more but less
than five seven thousand
five hundred dollars.
(B) The following criteria shall be used in determining the
value of property or amount of physical harm involved in a
violation of division (A)(1) of section 2909.03 or section 2909.05
of the Revised Code:
(1) If the property is an heirloom, memento, collector's
item, antique, museum piece, manuscript, document, record, or
other thing that is either irreplaceable or is replaceable only on
the expenditure of substantial time, effort, or money, the value
of the property or the amount of physical harm involved is the
amount that would compensate the owner for its loss.
(2) If the property is not covered under division (B)(1) of
this section and the physical harm is such that the property can
be restored substantially to its former condition, the amount of
physical harm involved is the reasonable cost of restoring the
property.
(3) If the property is not covered under division (B)(1) of
this section and the physical harm is such that the property
cannot be restored substantially to its former condition, the
value of the property, in the case of personal property, is the
cost of replacing the property with new property of like kind and
quality, and, in the case of real property or real property
fixtures, is the difference in the fair market value of the
property immediately before and immediately after the offense.
(C) As used in this section, "fair market value" has the same
meaning as in section 2913.61 of the Revised Code.
(D) Prima-facie evidence of the value of property, as
provided in division (E) of section 2913.61 of the Revised Code,
may be used to establish the value of property pursuant to this
section.
Sec. 2911.12. (A) No person, by force, stealth, or
deception, shall do any of the following:
(1) Trespass in an occupied structure or in a separately
secured or separately occupied portion of an occupied structure,
when another person other than an accomplice of the offender is
present, with purpose to commit in the structure or in the
separately secured or separately occupied portion of the structure
any criminal offense;
(2) Trespass in an occupied structure or in a separately
secured or separately occupied portion of an occupied structure
that is a permanent or temporary habitation of any person when any
person other than an accomplice of the offender is present or
likely to be present, with purpose to commit in the habitation any
criminal offense;
(3) Trespass in an occupied structure or in a separately
secured or separately occupied portion of an occupied structure,
with purpose to commit in the structure or separately secured or
separately occupied portion of the structure any criminal
offense;.
(4) Trespass (B) No person, by force, stealth, or deception,
shall trespass in a permanent or temporary habitation of any
person when any person other than an accomplice of the offender is
present or likely to be present.
(B)(C) As used in this section, "occupied structure" has the
same meaning as in section 2909.01 of the Revised Code.
(C)(D) Whoever violates division (A) of this section is
guilty of burglary. A violation of division (A)(1) or (2) of this
section is a felony of the second degree. A violation of division
(A)(3) of this section is a felony of the third degree. A
violation of division (A)(4) of this section is a felony of the
fourth degree.
(E) Whoever violates division (B) of this section is guilty
of trespass in a habitation when a person is present or likely to
be present, a felony of the fourth degree.
Sec. 2913.01. As used in this chapter, unless the context
requires that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or causing
another to be deceived by any false or misleading representation,
by withholding information, by preventing another from acquiring
information, or by any other conduct, act, or omission that
creates, confirms, or perpetuates a false impression in another,
including a false impression as to law, value, state of mind, or
other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception, some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a period
that appropriates a substantial portion of its value or use, or
with purpose to restore it only upon payment of a reward or other
consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or services,
with purpose not to give proper consideration in return for the
money, property, or services, and without reasonable justification
or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is the owner of,
who has possession or control of, or who has any license or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services, professional
services, rental services, public utility services including
wireless service as defined in division (F)(1) of section 4931.40
of the Revised Code, common carrier services, and food, drink,
transportation, entertainment, and cable television services and,
for purposes of section 2913.04 of the Revised Code, include cable
services as defined in that section.
(F) "Writing" means any computer software, document, letter,
memorandum, note, paper, plate, data, film, or other thing having
in or upon it any written, typewritten, or printed matter, and any
token, stamp, seal, credit card, badge, trademark, label, or other
symbol of value, right, privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in part
and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill,
or token, automatically dispense property, provide a service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being inserted
or deposited in a coin machine as an improper substitute for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, 2913.48, former section 2913.47 or 2913.48, or section
2913.51, 2915.05, or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state, or of the United States,
substantially equivalent to any section listed in division (K)(1)
of this section or a violation of section 2913.41, 2913.81, or
2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering, theft,
embezzlement, wrongful conversion, forgery, counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to, the
use of a computer system, computer network, computer program, data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic device
of that nature.
(N) "Computer system" means a computer and related devices,
whether connected or unconnected, including, but not limited to,
data input, output, and storage devices, data communications
links, and computer programs and data that make the system capable
of performing specified special purpose data processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs, procedures,
and other documentation associated with the operation of a
computer system.
(R) "Data" means a representation of information, knowledge,
facts, concepts, or instructions that are being or have been
prepared in a formalized manner and that are intended for use in a
computer, computer system, or computer network. For purposes of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided by
or through the facilities of any cable television system or other
similar closed circuit coaxial cable communications system, or any
microwave or similar transmission service used in connection with
any cable television system or other similar closed circuit
coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account for
the purpose of obtaining money, property, labor, or services on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card
issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in 92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right of possession and use of the property is for a short and
possibly indeterminate term in return for consideration; the
rentee generally controls the duration of possession of the
property, within any applicable minimum or maximum term; and the
amount of consideration generally is determined by the duration of
possession of the property.
(X) "Telecommunication" means the origination, emission,
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of
intelligence of any nature over any communications system by any
method, including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications device" means any instrument,
equipment, machine, or other device that facilitates
telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner,
telephone, cellular telephone, pager, personal communications
device, transponder, receiver, radio, modem, or device that
enables the use of a modem.
(Z) "Telecommunications service" means the providing,
allowing, facilitating, or generating of any form of
telecommunication through the use of a telecommunications device
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a
telecommunications device that, alone or with another
telecommunications device, has been altered, constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information service without the authority or consent of the
provider of the telecommunications service or information service.
"Counterfeit telecommunications device" includes, but is not
limited to, a clone telephone, clone microchip, tumbler telephone,
or tumbler microchip; a wireless scanning device capable of
acquiring, intercepting, receiving, or otherwise facilitating the
use of telecommunications service or information service without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number in a wireless telephone.
(BB)(1) "Information service" means, subject to division
(BB)(2) of this section, the offering of a capability for
generating, acquiring, storing, transforming, processing,
retrieving, utilizing, or making available information via
telecommunications, including, but not limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division (BB)(1) of this section
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years of
age or older and has some impairment of body or mind that makes
the person unable to work at any substantially remunerative
employment that the person otherwise would be able to perform and
that will, with reasonable probability, continue for a period of
at least twelve months without any present indication of recovery
from the impairment, or who is eighteen years of age or older and
has been certified as permanently and totally disabled by an
agency of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01 of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or
part of a computer, computer system, or a computer network without
express or implied authorization with the intent to defraud or
with intent to commit a crime;
(b) Misusing computer or network services including, but not
limited to, mail transfer programs, file transfer programs, proxy
servers, and web servers by performing functions not authorized by
the owner of the computer, computer system, or computer network or
other person authorized to give consent. As used in this division,
"misuse of computer and network services" includes, but is not
limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than
the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to
access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web
servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section,
using a group of computer programs commonly known as "port
scanners" or "probes" to intentionally access any computer,
computer system, or computer network without the permission of the
owner of the computer, computer system, or computer network or
other person authorized to give consent. The group of computer
programs referred to in this division includes, but is not limited
to, those computer programs that use a computer network to access
a computer, computer system, or another computer network to
determine any of the following: the presence or types of computers
or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or
network services; the presence or versions of computer software
including, but not limited to, operating systems, computer
services, or computer contaminants; the presence of a known
computer software deficiency that can be used to gain unauthorized
access to a computer, computer system, or computer network; or any
other information about a computer, computer system, or computer
network not necessary for the normal and lawful operation of the
computer initiating the access.
(ii) The group of computer programs referred to in division
(II)(1)(c)(i) of this section does not include standard computer
software used for the normal operation, administration,
management, and test of a computer, computer system, or computer
network including, but not limited to, domain name services, mail
transfer services, and other operating system services, computer
programs commonly called "ping," "tcpdump," and "traceroute" and
other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and
other systems administration computer software.
(d) The intentional use of a computer, computer system, or a
computer network in a manner that exceeds any right or permission
granted by the owner of the computer, computer system, or computer
network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.02 2909.01 of the
Revised Code, into a computer, computer system, computer program,
or computer network.
(JJ) "Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the
combination of two gaseous elements, nitrogen and hydrogen, in the
manner described in this division. Anhydrous ammonia is one part
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by
weight is fourteen parts nitrogen to three parts hydrogen, which
is approximately eighty-two per cent nitrogen to eighteen per cent
hydrogen.
(LL) "Assistance dog" has the same meaning as in section
955.011 of the Revised Code.
(MM) "Federally licensed firearms dealer" has the same
meaning as in section 5502.63 of the Revised Code.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized to
give consent;
(2) Beyond the scope of the express or implied consent of the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of
this section is petty theft, a misdemeanor of the first degree. If
the value of the property or services stolen is five hundred
one
thousand dollars or more and is less than
five seven thousand five
hundred dollars or if the property stolen is any of the property
listed in section 2913.71 of the Revised Code, a violation of this
section is theft, a felony of the fifth degree. If the value of
the property or services stolen is five
seven thousand five
hundred dollars or more and is less than one hundred fifty
thousand dollars, a violation of this section is grand theft, a
felony of the fourth degree. If the value of the property or
services stolen is one hundred fifty thousand dollars or more and
is less than five seven hundred fifty thousand dollars, a
violation of this section is aggravated theft, a felony of the
third degree. If the value of the property or services is five
seven hundred
fifty thousand dollars or more and is less than one
million five hundred thousand dollars, a violation of this section
is aggravated theft, a felony of the second degree. If the value
of the property or services stolen is one million five hundred
thousand dollars or more, a violation of this section is
aggravated theft of one million five hundred thousand dollars or
more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5),
(6), (7), or (8) of this section, if the victim of the offense is
an elderly person or disabled adult, a violation of this section
is theft from an elderly person or disabled adult, and division
(B)(3) of this section applies. Except as otherwise provided in
this division, theft from an elderly person or disabled adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred one thousand dollars or more and
is less than
five seven thousand five hundred dollars, theft from
an elderly person or disabled adult is a felony of the fourth
degree. If the value of the property or services stolen is five
seven thousand five hundred dollars or more and is less than
twenty-five thirty-seven thousand five hundred dollars, theft from
an elderly person or disabled adult is a felony of the third
degree. If the value of the property or services stolen is
twenty-five thirty-seven thousand
five hundred dollars or more and
is less than one hundred fifty thousand dollars, theft from an
elderly person or disabled adult is a felony of the second degree.
If the value of the property or services stolen is one hundred
fifty thousand dollars or more, theft from an elderly person or
disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance, a violation of this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle, a violation of
this section is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a violation
of this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division (B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license, probationary driver's license, commercial driver's
license, temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary driver's
license, commercial driver's license, temporary instruction
permit, or nonresident operating privilege has previously been
suspended pursuant to division (B)(9)(a) of this section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property and any
loss of revenue resulting from deprivation of the property due to
theft of rental services that is less than or equal to the actual
value of the property at the time it was rented. Evidence of
intent to commit theft of rented property or rental services shall
be determined pursuant to the provisions of section 2913.72 of the
Revised Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.03. (A) No person shall knowingly use or operate
an aircraft, motor vehicle, motorcycle, motorboat, or other
motor-propelled vehicle without the consent of the owner or person
authorized to give consent.
(B) No person shall knowingly use or operate an aircraft,
motor vehicle, motorboat, or other motor-propelled vehicle without
the consent of the owner or person authorized to give consent, and
either remove it from this state or keep possession of it for more
than forty-eight hours.
(C) The following are affirmative defenses to a charge under
this section:
(1) At the time of the alleged offense, the actor, though
mistaken, reasonably believed that the actor was authorized to use
or operate the property.
(2) At the time of the alleged offense, the actor reasonably
believed that the owner or person empowered to give consent would
authorize the actor to use or operate the property.
(D)(1) Whoever violates this section is guilty of
unauthorized use of a vehicle.
(2) Except as otherwise provided in division (D)(4) of this
section, a violation of division (A) of this section is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4) of this
section, a violation of division (B) of this section is a felony
of the fifth degree.
(4) If the victim of the offense is an elderly person or
disabled adult and if the victim incurs a loss as a result of the
violation, a violation of division (A) or (B) of this section is
whichever of the following is applicable:
(a) Except as otherwise provided in division (D)(4)(b), (c),
or (d), or (e) of this section, a felony of the fifth degree;
(b) If the loss to the victim is five hundred one thousand
dollars or more and is less than five seven thousand five hundred
dollars, a felony of the fourth degree;
(c) If the loss to the victim is five seven thousand five
hundred dollars or more and is less than twenty-five
thirty-seven
thousand five hundred dollars, a felony of the third degree;
(d) If the loss to the victim is twenty-five thirty-seven
thousand five hundred dollars or more, a felony of the second
degree.
Sec. 2913.04. (A) No person shall knowingly use or operate
the property of another without the consent of the owner or person
authorized to give consent.
(B) No person, in any manner and by any means, including, but
not limited to, computer hacking, shall knowingly gain access to,
attempt to gain access to, or cause access to be gained to any
computer, computer system, computer network, cable service, cable
system, telecommunications device, telecommunications service, or
information service without the consent of, or beyond the scope of
the express or implied consent of, the owner of the computer,
computer system, computer network, cable service, cable system,
telecommunications device, telecommunications service, or
information service or other person authorized to give consent.
(C) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the law enforcement automated
database system created pursuant to section 5503.10 of the Revised
Code without the consent of, or beyond the scope of the express or
implied consent of, the chair of the law enforcement automated
data system steering committee.
(D) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the Ohio law enforcement gateway
established and operated pursuant to division (C)(1) of section
109.57 of the Revised Code without the consent of, or beyond the
scope of the express or implied consent of, the superintendent of
the bureau of criminal identification and investigation.
(E) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section.
(F)(1) Whoever violates division (A) of this section is
guilty of unauthorized use of property.
(2) Except as otherwise provided in division (F)(3) or (4) of
this section, unauthorized use of property is a misdemeanor of the
fourth degree.
(3) Except as otherwise provided in division (F)(4) of this
section, if unauthorized use of property is committed for the
purpose of devising or executing a scheme to defraud or to obtain
property or services, unauthorized use of property is whichever of
the following is applicable:
(a) Except as otherwise provided in division (F)(3)(b), (c),
or (d) of this section, a misdemeanor of the first degree.
(b) If the value of the property or services or the loss to
the victim is five hundred one thousand dollars or more and is
less than five seven thousand five hundred dollars, a felony of
the fifth degree.
(c) If the value of the property or services or the loss to
the victim is five seven thousand five hundred dollars or more and
is less than one hundred fifty thousand dollars, a felony of the
fourth degree.
(d) If the value of the property or services or the loss to
the victim is one hundred fifty thousand dollars or more, a felony
of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of property is whichever of the
following is applicable:
(a) Except as otherwise provided in division (F)(4)(b), (c),
or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred one thousand dollars or more and is less
than five seven thousand five hundred dollars, a felony of the
fourth degree;
(c) If the value of the property or services or loss to the
victim is five seven thousand five hundred dollars or more and is
less than
twenty-five thirty-seven thousand five hundred dollars,
a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thirty-seven thousand five hundred dollars
or more, a felony of the second degree.
(G)(1) Whoever violates division (B) of this section is
guilty of unauthorized use of computer, cable, or
telecommunication property, and shall be punished as provided in
division (G)(2), (3), or (4) of this section.
(2) Except as otherwise provided in division (G)(3) or (4) of
this section, unauthorized use of computer, cable, or
telecommunication property is a felony of the fifth degree.
(3) Except as otherwise provided in division (G)(4) of this
section, if unauthorized use of computer, cable, or
telecommunication property is committed for the purpose of
devising or executing a scheme to defraud or to obtain property or
services, for obtaining money, property, or services by false or
fraudulent pretenses, or for committing any other criminal
offense, unauthorized use of computer, cable, or telecommunication
property is whichever of the following is applicable:
(a) Except as otherwise provided in division (G)(3)(b) of
this section, if the value of the property or services involved or
the loss to the victim is five seven thousand five hundred dollars
or more and less than one hundred fifty thousand dollars, a felony
of the fourth degree;
(b) If the value of the property or services involved or the
loss to the victim is one hundred fifty thousand dollars or more,
a felony of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of computer, cable, or
telecommunication property is whichever of the following is
applicable:
(a) Except as otherwise provided in division (G)(4)(b), (c),
or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred one thousand dollars or more and is less
than five seven thousand five hundred dollars, a felony of the
fourth degree;
(c) If the value of the property or services or loss to the
victim is five seven thousand five hundred dollars or more and is
less than
twenty-five thirty-seven thousand five hundred dollars,
a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thirty-seven thousand five hundred dollars
or more, a felony of the second degree.
(H) Whoever violates division (C) of this section is guilty
of unauthorized use of the law enforcement automated database
system, a felony of the fifth degree.
(I) Whoever violates division (D) of this section is guilty
of unauthorized use of the Ohio law enforcement gateway, a felony
of the fifth degree.
(J) As used in this section:
(1) "Cable operator" means any person or group of persons
that does either of the following:
(a) Provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in
that cable system;
(b) Otherwise controls or is responsible for, through any
arrangement, the management and operation of a cable system.
(2) "Cable service" means any of the following:
(a) The one-way transmission to subscribers of video
programming or of information that a cable operator makes
available to all subscribers generally;
(b) Subscriber interaction, if any, that is required for the
selection or use of video programming or of information that a
cable operator makes available to all subscribers generally, both
as described in division (J)(2)(a) of this section;
(c) Any cable television service.
(3) "Cable system" means any facility, consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system" does not
include any of the following:
(a) Any facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(b) Any facility that serves subscribers without using any
public right-of-way;
(c) Any facility of a common carrier that, under 47 U.S.C.A.
522(7)(c), is excluded from the term "cable system" as defined in
47 U.S.C.A. 522(7);
(d) Any open video system that complies with 47 U.S.C.A. 573;
(e) Any facility of any electric utility used solely for
operating its electric utility system.
Sec. 2913.11. (A) As used in this section:
(1) "Check" includes any form of debit from a demand deposit
account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or
similar negotiable or non-negotiable instrument;
(b) An electronic check, electronic transaction, debit card
transaction, check card transaction, substitute check, web check,
or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a
demand deposit account.
(B) No person, with purpose to defraud, shall issue or
transfer or cause to be issued or transferred a check or other
negotiable instrument, knowing that it will be dishonored or
knowing that a person has ordered or will order stop payment on
the check or other negotiable instrument.
(C) For purposes of this section, a person who issues or
transfers a check or other negotiable instrument is presumed to
know that it will be dishonored if either of the following occurs:
(1) The drawer had no account with the drawee at the time of
issue or the stated date, whichever is later;
(2) The check or other negotiable instrument was properly
refused payment for insufficient funds upon presentment within
thirty days after issue or the stated date, whichever is later,
and the liability of the drawer, indorser, or any party who may be
liable thereon is not discharged by payment or satisfaction within
ten days after receiving notice of dishonor.
(D) For purposes of this section, a person who issues or
transfers a check, bill of exchange, or other draft is presumed to
have the purpose to defraud if the drawer fails to comply with
section 1349.16 of the Revised Code by doing any of the following
when opening a checking account intended for personal, family, or
household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a
valid driver's or commercial driver's license or identification
card issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another
identification document that contains false information;
(3) Making a false statement with respect to the drawer's
current address or any additional relevant information reasonably
required by the financial institution.
(E) In determining the value of the payment for purposes of
division (F) of this section, the court may aggregate all checks
and other negotiable instruments that the offender issued or
transferred or caused to be issued or transferred in violation of
division (A) of this section within a period of one hundred eighty
consecutive days.
(F) Whoever violates this section is guilty of passing bad
checks. Except as otherwise provided in this division, passing bad
checks is a misdemeanor of the first degree. If the check or
checks or other negotiable instrument or instruments are issued or
transferred to a single vendor or single other person for the
payment of five hundred one thousand dollars or more but less than
five seven thousand five hundred dollars or if the check or checks
or other negotiable instrument or instruments are issued or
transferred to multiple vendors or persons for the payment of one
thousand five hundred dollars or more but less than five
seven
thousand five hundred dollars, passing bad checks is a felony of
the fifth degree. If the check or checks or other negotiable
instrument or instruments are for the payment of
five
seven
thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, passing bad checks is a felony of the
fourth degree. If the check or checks or other negotiable
instrument or instruments are for the payment of one hundred
fifty thousand dollars or more, passing bad checks is a felony of
the third degree.
Sec. 2913.21. (A) No person shall do any of the following:
(1) Practice deception for the purpose of procuring the
issuance of a credit card, when a credit card is issued in actual
reliance thereon;
(2) Knowingly buy or sell a credit card from or to a person
other than the issuer.
(B) No person, with purpose to defraud, shall do any of the
following:
(1) Obtain control over a credit card as security for a debt;
(2) Obtain property or services by the use of a credit card,
in one or more transactions, knowing or having reasonable cause to
believe that the card has expired or been revoked, or was
obtained, is retained, or is being used in violation of law;
(3) Furnish property or services upon presentation of a
credit card, knowing that the card is being used in violation of
law;
(4) Represent or cause to be represented to the issuer of a
credit card that property or services have been furnished, knowing
that the representation is false.
(C) No person, with purpose to violate this section, shall
receive, possess, control, or dispose of a credit card.
(D)(1) Whoever violates this section is guilty of misuse of
credit cards.
(2) Except as otherwise provided in division (D)(4) of this
section, a violation of division (A), (B)(1), or (C) of this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in this division or division
(D)(4) of this section, a violation of division (B)(2), (3), or
(4) of this section is a misdemeanor of the first degree. If the
cumulative retail value of the property and services involved in
one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card accounts
and occur within a period of ninety consecutive days commencing on
the date of the first violation, is five hundred one thousand
dollars or more and is less than five seven thousand five hundred
dollars, misuse of credit cards in violation of any of those
divisions is a felony of the fifth degree. If the cumulative
retail value of the property and services involved in one or more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur
within a period of ninety consecutive days commencing on the date
of the first violation, is
five seven thousand five hundred
dollars or more and is less than one hundred
fifty thousand
dollars, misuse of credit cards in violation of any of those
divisions is a felony of the fourth degree. If the cumulative
retail value of the property and services involved in one or more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur
within a period of ninety consecutive days commencing on the date
of the first violation, is one hundred
fifty thousand dollars or
more, misuse of credit cards in violation of any of those
divisions is a felony of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, and if the offense involves a violation of
division (B)(1) or (2) of this section, division (D)(4) of this
section applies. Except as otherwise provided in division (D)(4)
of this section, a violation of division (B)(1) or (2) of this
section is a felony of the fifth degree. If the debt for which the
card is held as security or the cumulative retail value of the
property or services involved in the violation is five hundred
one thousand dollars or more and is less than five seven thousand
five hundred dollars, a violation of either of those divisions is
a felony of the fourth degree. If the debt for which the card is
held as security or the cumulative retail value of the property or
services involved in the violation is five seven thousand five
hundred dollars or more and is less than
twenty-five thirty-seven
thousand five hundred dollars, a violation of either of those
divisions is a felony of the third degree. If the debt for which
the card is held as security or the cumulative retail value of the
property or services involved in the violation is
twenty-five
thirty-seven thousand five hundred dollars or more, a violation of
either of those divisions is a felony of the second degree.
Sec. 2913.31. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of
the following:
(1) Forge any writing of another without the other person's
authority;
(2) Forge any writing so that it purports to be genuine when
it actually is spurious, or to be the act of another who did not
authorize that act, or to have been executed at a time or place or
with terms different from what in fact was the case, or to be a
copy of an original when no such original existed;
(3) Utter, or possess with purpose to utter, any writing that
the person knows to have been forged.
(B) No person shall knowingly do either of the following:
(1) Forge an identification card;
(2) Sell or otherwise distribute a card that purports to be
an identification card, knowing it to have been forged.
As used in this division, "identification card" means a card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other similar words
appear on the card.
(C)(1)(a) Whoever violates division (A) of this section is
guilty of forgery.
(b) Except as otherwise provided in this division or division
(C)(1)(c) of this section, forgery is a felony of the fifth
degree. If property or services are involved in the offense or the
victim suffers a loss, forgery is one of the following:
(i) If the value of the property or services or the loss to
the victim is
five
seven thousand five hundred dollars or more and
is less than one hundred fifty thousand dollars, a felony of the
fourth degree;
(ii) If the value of the property or services or the loss to
the victim is one hundred fifty thousand dollars or more, a felony
of the third degree.
(c) If the victim of the offense is an elderly person or
disabled adult, division (C)(1)(c) of this section applies to the
forgery. Except as otherwise provided in division (C)(1)(c) of
this section, forgery is a felony of the fifth degree. If property
or services are involved in the offense or if the victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the loss to
the victim is five hundred one thousand dollars or more and is
less than five seven thousand five hundred dollars, a felony of
the fourth degree;
(ii) If the value of the property or services or the loss to
the victim is five seven thousand five hundred dollars or more and
is less than
twenty-five thirty-seven thousand five hundred
dollars, a felony of the third degree;
(iii) If the value of the property or services or the loss to
the victim is twenty-five
thirty-seven thousand five hundred
dollars or more, a felony of the second degree.
(2) Whoever violates division (B) of this section is guilty
of forging identification cards or selling or distributing forged
identification cards. Except as otherwise provided in this
division, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree.
If the offender previously has been convicted of a violation of
division (B) of this section, forging identification cards or
selling or distributing forged identification cards is a
misdemeanor of the first degree and, in addition, the court shall
impose upon the offender a fine of not less than two hundred fifty
dollars.
Sec. 2913.32. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of
the following:
(1) Make or alter any object so that it appears to have value
because of antiquity, rarity, curiosity, source, or authorship,
which it does not in fact possess;
(2) Practice deception in making, retouching, editing, or
reproducing any photograph, movie film, video tape, phonograph
record, or recording tape;
(3) Falsely or fraudulently make, simulate, forge, alter, or
counterfeit any wrapper, label, stamp, cork, or cap prescribed by
the liquor control commission under Chapters 4301. and 4303. of
the Revised Code, falsely or fraudulently cause to be made,
simulated, forged, altered, or counterfeited any wrapper, label,
stamp, cork, or cap prescribed by the liquor control commission
under Chapters 4301. and 4303. of the Revised Code, or use more
than once any wrapper, label, stamp, cork, or cap prescribed by
the liquor control commission under Chapters 4301. and 4303. of
the Revised Code.
(4) Utter, or possess with purpose to utter, any object that
the person knows to have been simulated as provided in division
(A)(1), (2), or (3) of this section.
(B) Whoever violates this section is guilty of criminal
simulation. Except as otherwise provided in this division,
criminal simulation is a misdemeanor of the first degree. If the
loss to the victim is five hundred one thousand dollars or more
and is less than five seven thousand five hundred dollars,
criminal simulation is a felony of the fifth degree. If the loss
to the victim is five seven thousand
five hundred dollars or more
and is less than one hundred fifty thousand dollars, criminal
simulation is a felony of the fourth degree. If the loss to the
victim is one hundred
fifty thousand dollars or more, criminal
simulation is a felony of the third degree.
Sec. 2913.34. (A) No person shall knowingly do any of the
following:
(1) Attach, affix, or otherwise use a counterfeit mark in
connection with the manufacture of goods or services, whether or
not the goods or services are intended for sale or resale;
(2) Possess, sell, or offer for sale tools, machines,
instruments, materials, articles, or other items of personal
property with the knowledge that they are designed for the
production or reproduction of counterfeit marks;
(3) Purchase or otherwise acquire goods, and keep or
otherwise have the goods in the person's possession, with the
knowledge that a counterfeit mark is attached to, affixed to, or
otherwise used in connection with the goods and with the intent to
sell or otherwise dispose of the goods;
(4) Sell, offer for sale, or otherwise dispose of goods with
the knowledge that a counterfeit mark is attached to, affixed to,
or otherwise used in connection with the goods;
(5) Sell, offer for sale, or otherwise provide services with
the knowledge that a counterfeit mark is used in connection with
that sale, offer for sale, or other provision of the services.
(B)(1) Whoever violates this section is guilty of trademark
counterfeiting.
(2) Except as otherwise provided in this division, a
violation of division (A)(1) of this section is a felony of the
fifth degree. Except as otherwise provided in this division, if
the cumulative sales price of the goods or services to which or in
connection with which the counterfeit mark is attached, affixed,
or otherwise used in the offense is five thousand dollars or more
but less than one hundred thousand dollars or if the number of
units of goods to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(1) of this section is a felony
of the fourth degree. If the cumulative sales price of the goods
or services to which or in connection with which the counterfeit
mark is attached, affixed, or otherwise used in the offense is one
hundred thousand dollars or more or if the number of units of
goods to which or in connection with which the counterfeit mark is
attached, affixed, or otherwise used in the offense is one
thousand units or more, a violation of division (A)(1) of this
section is a felony of the third degree.
(3) Except as otherwise provided in this division, a
violation of division (A)(2) of this section is a misdemeanor of
the first degree. If the circumstances of the violation indicate
that the tools, machines, instruments, materials, articles, or
other items of personal property involved in the violation were
intended for use in the commission of a felony, a violation of
division (A)(2) of this section is a felony of the fifth degree.
(4) Except as otherwise provided in this division, a
violation of division (A)(3), (4), or (5) of this section is a
misdemeanor of the first degree. Except as otherwise provided in
this division, if the cumulative sales price of the goods or
services to which or in connection with which the counterfeit mark
is attached, affixed, or otherwise used in the offense is five
hundred one thousand dollars or more but less than
five seven
thousand
five hundred dollars, a violation of division (A)(3),
(4), or (5) of this section is a felony of the fifth degree.
Except as otherwise provided in this division, if the cumulative
sales price of the goods or services to which or in connection
with which the counterfeit mark is attached, affixed, or otherwise
used in the offense is five
seven thousand five hundred dollars
or more but less than one hundred fifty thousand dollars or if the
number of units of goods to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(3), (4), or (5) of this section
is a felony of the fourth degree. If the cumulative sales price of
the goods or services to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is one hundred fifty thousand dollars or more or if the
number of units of goods to which or in connection with which the
counterfeit mark is attached, affixed, or otherwise used in the
offense is one thousand units or more, a violation of division
(A)(3), (4), or (5) of this section is a felony of the third
degree.
(C) A defendant may assert as an affirmative defense to a
charge of a violation of this section defenses, affirmative
defenses, and limitations on remedies that would be available in a
civil, criminal, or administrative action or proceeding under the
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section
of the Revised Code, or common law.
(D)(1) Law enforcement officers may seize pursuant to
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code
either of the following:
(a) Goods to which or in connection with which a person
attached, affixed, otherwise used, or intended to attach, affix,
or otherwise use a counterfeit mark in violation of this section;
(b) Tools, machines, instruments, materials, articles,
vehicles, or other items of personal property that are possessed,
sold, offered for sale, or used in a violation of this section or
in an attempt to commit or complicity in the commission of a
violation of this section.
(2) Notwithstanding any contrary provision of Chapter 2981.
of the Revised Code, if a person is convicted of or pleads guilty
to a violation of this section, an attempt to violate this
section, or complicity in a violation of this section, the court
involved shall declare that the goods described in division
(D)(1)(a) of this section and the personal property described in
division (D)(1)(b) of this section are contraband and are
forfeited. Prior to the court's entry of judgment under Criminal
Rule 32, the owner of a registered trademark or service mark that
is the subject of the counterfeit mark may recommend a manner in
which the forfeited goods and forfeited personal property should
be disposed of. If that owner makes a timely recommendation of a
manner of disposition, the court is not bound by the
recommendation. If that owner makes a timely recommendation of a
manner of disposition, the court may include in its entry of
judgment an order that requires appropriate persons to dispose of
the forfeited goods and forfeited personal property in the
recommended manner. If that owner fails to make a timely
recommendation of a manner of disposition or if that owner makes a
timely recommendation of the manner of disposition but the court
determines to not follow the recommendation, the court shall
include in its entry of judgment an order that requires the law
enforcement agency that employs the law enforcement officer who
seized the forfeited goods or the forfeited personal property to
destroy them or cause their destruction.
(E) This section does not affect the rights of an owner of a
trademark or a service mark, or the enforcement in a civil action
or in administrative proceedings of the rights of an owner of a
trademark or a service mark, under the "Lanham Act," 60 Stat.
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as
amended, Chapter 1329. or another section of the Revised Code, or
common law.
(F) As used in this section:
(1)(a) Except as provided in division (F)(1)(b) of this
section, "counterfeit mark" means a spurious trademark or a
spurious service mark that satisfies both of the following:
(i) It is identical with or substantially indistinguishable
from a mark that is registered on the principal register in the
United States patent and trademark office for the same goods or
services as the goods or services to which or in connection with
which the spurious trademark or spurious service mark is attached,
affixed, or otherwise used or from a mark that is registered with
the secretary of state pursuant to sections 1329.54 to 1329.67 of
the Revised Code for the same goods or services as the goods or
services to which or in connection with which the spurious
trademark or spurious service mark is attached, affixed, or
otherwise used, and the owner of the registration uses the
registered mark, whether or not the offender knows that the mark
is registered in a manner described in division (F)(1)(a)(i) of
this section.
(ii) Its use is likely to cause confusion or mistake or to
deceive other persons.
(b) "Counterfeit mark" does not include a mark or other
designation that is attached to, affixed to, or otherwise used in
connection with goods or services if the holder of the right to
use the mark or other designation authorizes the manufacturer,
producer, or vendor of those goods or services to attach, affix,
or otherwise use the mark or other designation in connection with
those goods or services at the time of their manufacture,
production, or sale.
(2) "Cumulative sales price" means the product of the lowest
single unit sales price charged or sought to be charged by an
offender for goods to which or in connection with which a
counterfeit mark is attached, affixed, or otherwise used or of the
lowest single service transaction price charged or sought to be
charged by an offender for services in connection with which a
counterfeit mark is used, multiplied by the total number of those
goods or services, whether or not units of goods are sold or are
in an offender's possession, custody, or control.
(3) "Registered trademark or service mark" means a trademark
or service mark that is registered in a manner described in
division (F)(1) of this section.
(4) "Trademark" and "service mark" have the same meanings as
in section 1329.54 of the Revised Code.
Sec. 2913.40. (A) As used in this section:
(1) "Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2) "Medical assistance program" means the program
established by the department of job and family services to
provide medical assistance under section 5111.01 of the Revised
Code and the medicaid program of Title XIX of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3) "Provider" means any person who has signed a provider
agreement with the department of job and family services to
provide goods or services pursuant to the medical assistance
program or any person who has signed an agreement with a party to
such a provider agreement under which the person agrees to provide
goods or services that are reimbursable under the medical
assistance program.
(4) "Provider agreement" means an oral or written agreement
between the department of job and family services and a person in
which the person agrees to provide goods or services under the
medical assistance program.
(5) "Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6) "Records" means any medical, professional, financial, or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and any
records that are required by the rules of the director of job and
family services to be kept for the medical assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider agreement,
charge, solicit, accept, or receive for goods or services that the
person provides under the medical assistance program any property,
money, or other consideration in addition to the amount of
reimbursement under the medical assistance program and the
person's provider agreement for the goods or services and any
cost-sharing expenses authorized by section 5111.0112 of the
Revised Code or rules adopted pursuant to section 5111.01,
5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other than
any cost-sharing expenses authorized by section 5111.0112 of the
Revised Code or rules adopted under section 5111.01, 5111.011, or
5111.02 of the Revised Code, in cash or in kind, including, but
not limited to, a kickback or rebate, in connection with the
furnishing of goods or services for which whole or partial
reimbursement is or may be made under the medical assistance
program.
(D) No person, having submitted a claim for or provided goods
or services under the medical assistance program, shall do either
of the following for a period of at least six years after a
reimbursement pursuant to that claim, or a reimbursement for those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove any
records that are necessary to fully disclose the nature of all
goods or services for which the claim was submitted, or for which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove any
records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division, medicaid
fraud is a misdemeanor of the first degree. If the value of
property, services, or funds obtained in violation of this section
is five hundred one thousand dollars or more and is less than five
seven thousand
five hundred dollars, medicaid fraud is a felony of
the fifth degree. If the value of property, services, or funds
obtained in violation of this section is five seven thousand five
hundred dollars or more and is less than one hundred
fifty
thousand dollars, medicaid fraud is a felony of the fourth degree.
If the value of the property, services, or funds obtained in
violation of this section is one hundred fifty thousand dollars or
more, medicaid fraud is a felony of the third degree.
(F) Upon application of the governmental agency, office, or
other entity that conducted the investigation and prosecution in a
case under this section, the court shall order any person who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to pay to
the applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that are
provided in this section, section 5111.03 of the Revised Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2913.401. (A) As used in this section:
(1) "Medicaid benefits" means benefits under the medical
assistance program established under Chapter 5111. of the Revised
Code.
(2) "Property" means any real or personal property or other
asset in which a person has any legal title or interest.
(B) No person shall knowingly do any of the following in an
application for medicaid benefits or in a document that requires a
disclosure of assets for the purpose of determining eligibility to
receive medicaid benefits:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a) Except as provided in division (B)(3)(b) of this
section, fail to disclose a transfer of property that occurred
during the period beginning thirty-six months before submission of
the application or document and ending on the date the application
or document was submitted;
(b) Fail to disclose a transfer of property that occurred
during the period beginning sixty months before submission of the
application or document and ending on the date the application or
document was submitted and that was made to an irrevocable trust a
portion of which is not distributable to the applicant for
medicaid benefits or the recipient of medicaid benefits or to a
revocable trust.
(C)(1) Whoever violates this section is guilty of medicaid
eligibility fraud. Except as otherwise provided in this division,
a violation of this section is a misdemeanor of the first degree.
If the value of the medicaid benefits paid as a result of the
violation is five hundred one thousand dollars or more and is less
than
five seven thousand five hundred dollars, a violation of
this section is a felony of the fifth degree. If the value of the
medicaid benefits paid as a result of the violation is five
seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, a violation of this section is a felony of
the fourth degree. If the value of the medicaid benefits paid as a
result of the violation is one hundred fifty thousand dollars or
more, a violation of this section is a felony of the third degree.
(2) In addition to imposing a sentence under division (C)(1)
of this section, the court shall order that a person who is guilty
of medicaid eligibility fraud make restitution in the full amount
of any medicaid benefits paid on behalf of an applicant for or
recipient of medicaid benefits for which the applicant or
recipient was not eligible, plus interest at the rate applicable
to judgments on unreimbursed amounts from the date on which the
benefits were paid to the date on which restitution is made.
(3) The remedies and penalties provided in this section are
not exclusive and do not preclude the use of any other criminal or
civil remedy for any act that is in violation of this section.
(D) This section does not apply to a person who fully
disclosed in an application for medicaid benefits or in a document
that requires a disclosure of assets for the purpose of
determining eligibility to receive medicaid benefits all of the
interests in property of the applicant for or recipient of
medicaid benefits, all transfers of property by the applicant for
or recipient of medicaid benefits, and the circumstances of all
those transfers.
(E) Any amounts of medicaid benefits recovered as restitution
under this section and any interest on those amounts shall be
credited to the general revenue fund, and any applicable federal
share shall be returned to the appropriate agency or department of
the United States.
Sec. 2913.42. (A) No person, knowing the person has no
privilege to do so, and with purpose to defraud or knowing that
the person is facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or
mutilate any writing, computer software, data, or record;
(2) Utter any writing or record, knowing it to have been
tampered with as provided in division (A)(1) of this section.
(B)(1) Whoever violates this section is guilty of tampering
with records.
(2) Except as provided in division (B)(4) of this section, if
the offense does not involve data or computer software, tampering
with records is whichever of the following is applicable:
(a) If division (B)(2)(b) of this section does not apply, a
misdemeanor of the first degree;
(b) If the writing or record is a will unrevoked at the time
of the offense, a felony of the fifth degree.
(3) Except as provided in division (B)(4) of this section, if
the offense involves a violation of division (A) of this section
involving data or computer software, tampering with records is
whichever of the following is applicable:
(a) Except as otherwise provided in division (B)(3)(b), (c),
or (d) of this section, a misdemeanor of the first degree;
(b) If the value of the data or computer software involved in
the offense or the loss to the victim is five hundred one thousand
dollars or more and is less than
five seven thousand
five hundred
dollars, a felony of the fifth degree;
(c) If the value of the data or computer software involved in
the offense or the loss to the victim is five seven thousand five
hundred dollars or more and is less than one hundred fifty
thousand dollars, a felony of the fourth degree;
(d) If the value of the data or computer software involved in
the offense or the loss to the victim is one hundred fifty
thousand dollars or more or if the offense is committed for the
purpose of devising or executing a scheme to defraud or to obtain
property or services and the value of the property or services or
the loss to the victim is five seven thousand five hundred dollars
or more, a felony of the third degree.
(4) If the writing, data, computer software, or record is
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree.
Sec. 2913.421. (A) As used in this section:
(1) "Computer," "computer network," and "computer system"
have the same meanings as in section 2913.01 of the Revised Code.
(2) "Commercial electronic mail message" means any electronic
mail message the primary purpose of which is the commercial
advertisement or promotion of a commercial product or service,
including content on an internet web site operated for a
commercial purpose, but does not include a transactional or
relationship message. The inclusion of a reference to a commercial
entity or a link to the web site of a commercial entity does not,
by itself, cause that message to be treated as a commercial
electronic mail message for the purpose of this section, if the
contents or circumstances of the message indicate a primary
purpose other than commercial advertisement or promotion of a
commercial product or service.
(3) "Domain name" means any alphanumeric designation that is
registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part
of an electronic address on the internet.
(4) "Electronic mail," "originating address," and "receiving
address" have the same meanings as in section 2307.64 of the
Revised Code.
(5) "Electronic mail message" means each electronic mail
addressed to a discrete addressee.
(6) "Electronic mail service provider" means any person,
including an internet service provider, that is an intermediary in
sending and receiving electronic mail and that provides to the
public electronic mail accounts or online user accounts from which
electronic mail may be sent.
(7) "Header information" means the source, destination, and
routing information attached to an electronic mail message,
including the originating domain name, the originating address,
and technical information that authenticates the sender of an
electronic mail message for computer network security or computer
network management purposes.
(8) "Initiate the transmission" or "initiated" means to
originate or transmit a commercial electronic mail message or to
procure the origination or transmission of that message,
regardless of whether the message reaches its intended recipients,
but does not include actions that constitute routine conveyance of
such message.
(9) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(10) "Internet protocol address" means the string of numbers
by which locations on the internet are identified by routers or
other computers connected to the internet.
(11) "Materially falsify" means to alter or conceal in a
manner that would impair the ability of a recipient of an
electronic mail message, an electronic mail service provider
processing an electronic mail message on behalf of a recipient, a
person alleging a violation of this section, or a law enforcement
agency to identify, locate, or respond to the person that
initiated the electronic mail message or to investigate an alleged
violation of this section.
(12) "Multiple" means more than ten commercial electronic
mail messages during a twenty-four-hour period, more than one
hundred commercial electronic mail messages during a thirty-day
period, or more than one thousand commercial electronic mail
messages during a one-year period.
(13) "Recipient" means a person who receives a commercial
electronic mail message at any one of the following receiving
addresses:
(a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state;
(b) A receiving address ordinarily accessed from a computer
located within this state or by a person domiciled within this
state;
(c) Any other receiving address with respect to which this
section can be imposed consistent with the United States
Constitution.
(14) "Routine conveyance" means the transmission, routing,
relaying, handling, or storing, through an automated technical
process, of an electronic mail message for which another person
has identified the recipients or provided the recipient addresses.
(15) "Transactional or relationship message" means an
electronic mail message the primary purpose of which is to do any
of the following:
(a) Facilitate, complete, or confirm a commercial transaction
that the recipient has previously agreed to enter into with the
sender;
(b) Provide warranty information, product recall information,
or safety or security information with respect to a commercial
product or service used or purchased by the recipient;
(c) Provide notification concerning a change in the terms or
features of; a change in the recipient's standing or status with
respect to; or, at regular periodic intervals, account balance
information or other type of account statement with respect to, a
subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase or use by
the recipient of products or services offered by the sender;
(d) Provide information directly related to an employment
relationship or related benefit plan in which the recipient is
currently involved, participating, or enrolled;
(e) Deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed to
enter into with the sender.
(B) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall do any of
the following:
(1) Knowingly use a computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to deceive or
mislead recipients or any electronic mail service provider, as to
the origin of those messages;
(2) Knowingly and materially falsify header information in
multiple commercial electronic mail messages and purposely
initiate the transmission of those messages;
(3) Knowingly register, using information that materially
falsifies the identity of the actual registrant, for five or more
electronic mail accounts or online user accounts or two or more
domain names and purposely initiate the transmission of multiple
commercial electronic mail messages from one, or any combination,
of those accounts or domain names;
(4) Knowingly falsely represent the right to use five or more
internet protocol addresses, and purposely initiate the
transmission of multiple commercial electronic mail messages from
those addresses.
(C)(1) Whoever violates division (B) of this section is
guilty of illegally transmitting multiple commercial electronic
mail messages. Except as otherwise provided in division (C)(2) or
(E) of this section, illegally transmitting multiple commercial
electronic mail messages is a felony of the fifth degree.
(2) Illegally transmitting multiple commercial electronic
mail messages is a felony of the fourth degree if any of the
following apply:
(a) Regarding a violation of division (B)(3) of this section,
the offender, using information that materially falsifies the
identity of the actual registrant, knowingly registers for twenty
or more electronic mail accounts or online user accounts or ten or
more domain names, and purposely initiates, or conspires to
initiate, the transmission of multiple commercial electronic mail
messages from the accounts or domain names.
(b) Regarding any violation of division (B) of this section,
the volume of commercial electronic mail messages the offender
transmitted in committing the violation exceeds two hundred and
fifty during any twenty-four-hour period, two thousand five
hundred during any thirty-day period, or twenty-five thousand
during any one-year period.
(c) Regarding any violation of division (B) of this section,
during any one-year period the aggregate loss to the victim or
victims of the violation is five hundred one thousand dollars or
more, or during any one-year period the aggregate value of the
property or services obtained by any offender as a result of the
violation is
five hundred one thousand dollars or more.
(d) Regarding any violation of division (B) of this section,
the offender committed the violation with three or more other
persons with respect to whom the offender was the organizer or
leader of the activity that resulted in the violation.
(e) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses to which the
commercial electronic mail message was transmitted, if that
offender knew that the electronic mail addresses of the recipients
were obtained using an automated means from an internet web site
or proprietary online service operated by another person, and that
web site or online service included, at the time the electronic
mail addresses were obtained, a notice stating that the operator
of that web site or online service will not transfer addresses
maintained by that web site or online service to any other party
for the purposes of initiating the transmission of, or enabling
others to initiate the transmission of, electronic mail messages.
(f) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses of the
recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters, or
numbers into numerous permutations.
(D)(1) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall knowingly
access a computer without authorization and purposely initiate the
transmission of multiple commercial electronic mail messages from
or through the computer.
(2) Except as otherwise provided in division (E) of this
section, whoever violates division (D)(1) of this section is
guilty of unauthorized access of a computer, a felony of the
fourth degree.
(E) Illegally transmitting multiple commercial electronic
mail messages and unauthorized access of a computer in violation
of this section are felonies of the third degree if the offender
previously has been convicted of a violation of this section, or a
violation of a law of another state or the United States regarding
the transmission of electronic mail messages or unauthorized
access to a computer, or if the offender committed the violation
of this section in the furtherance of a felony.
(F)(1) The attorney general or an electronic mail service
provider that is injured by a violation of this section may bring
a civil action in an appropriate court of common pleas of this
state seeking relief from any person whose conduct violated this
section. The civil action may be commenced at any time within one
year of the date after the act that is the basis of the civil
action.
(2) In a civil action brought by the attorney general
pursuant to division (F)(1) of this section for a violation of
this section, the court may award temporary, preliminary, or
permanent injunctive relief. The court also may impose a civil
penalty against the offender, as the court considers just, in an
amount that is the lesser of: (a) twenty-five thousand dollars for
each day a violation occurs, or (b) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(3) In a civil action brought by an electronic mail service
provider pursuant to division (F)(1) of this section for a
violation of this section, the court may award temporary,
preliminary, or permanent injunctive relief, and also may award
damages in an amount equal to the greater of the following:
(a) The sum of the actual damages incurred by the electronic
mail service provider as a result of a violation of this section,
plus any receipts of the offender that are attributable to a
violation of this section and that were not taken into account in
computing actual damages;
(b) Statutory damages, as the court considers just, in an
amount that is the lesser of: (i) twenty-five thousand dollars for
each day a violation occurs, or (ii) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(4) In assessing damages awarded under division (F)(3) of
this section, the court may consider whether the offender has
established and implemented, with due care, commercially
reasonable practices and procedures designed to effectively
prevent the violation, or the violation occurred despite
commercially reasonable efforts to maintain the practices and
procedures established.
(G) Any equipment, software, or other technology of a person
who violates this section that is used or intended to be used in
the commission of a violation of this section, and any real or
personal property that constitutes or is traceable to the gross
proceeds obtained from the commission of a violation of this
section, is contraband and is subject to seizure and forfeiture
pursuant to Chapter 2981. of the Revised Code.
(H) The attorney general may bring a civil action, pursuant
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the
state in a district court of the United States that has
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the
attorney general shall not bring a civil action under both this
division and division (F) of this section. If a federal court
dismisses a civil action brought under this division for reasons
other than upon the merits, a civil action may be brought under
division (F) of this section in the appropriate court of common
pleas of this state.
(I) Nothing in this section shall be construed:
(1) To require an electronic mail service provider to block,
transmit, route, relay, handle, or store certain types of
electronic mail messages;
(2) To prevent or limit, in any way, an electronic mail
service provider from adopting a policy regarding electronic mail,
including a policy of declining to transmit certain types of
electronic mail messages, or from enforcing such policy through
technical means, through contract, or pursuant to any remedy
available under any other federal, state, or local criminal or
civil law;
(3) To render lawful any policy adopted under division (I)(2)
of this section that is unlawful under any other law.
Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing
writings by deception.
(2) Except as otherwise provided in this division or division
(B)(3) of this section, securing writings by deception is a
misdemeanor of the first degree. If the value of the property or
the obligation involved is five hundred one thousand dollars or
more and less than five seven thousand five hundred dollars,
securing writings by deception is a felony of the fifth degree. If
the value of the property or the obligation involved is five
seven thousand five hundred dollars or more and is less than one
hundred
fifty thousand dollars, securing writings by deception is
a felony of the fourth degree. If the value of the property or the
obligation involved is one hundred
fifty thousand dollars or
more, securing writings by deception is a felony of the third
degree.
(3) If the victim of the offense is an elderly person or
disabled adult, division (B)(3) of this section applies. Except as
otherwise provided in division (B)(3) of this section, securing
writings by deception is a felony of the fifth degree. If the
value of the property or obligation involved is
five hundred one
thousand dollars or more and is less than five seven thousand
five hundred dollars, securing writings by deception is a felony
of the fourth degree. If the value of the property or obligation
involved is
five
seven thousand five hundred dollars or more and
is less than twenty-five
thirty-seven thousand
five hundred
dollars, securing writings by deception is a felony of the third
degree. If the value of the property or obligation involved is
twenty-five
thirty-seven thousand five hundred dollars or more,
securing writings by deception is a felony of the second degree.
Sec. 2913.45. (A) No person, with purpose to defraud one or
more of the person's creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise
deal with any of the person's property;
(2) Misrepresent or refuse to disclose to a fiduciary
appointed to administer or manage the person's affairs or estate,
the existence, amount, or location of any of the person's
property, or any other information regarding such property that
the person is legally required to furnish to the fiduciary.
(B) Whoever violates this section is guilty of defrauding
creditors. Except as otherwise provided in this division,
defrauding creditors is a misdemeanor of the first degree. If the
value of the property involved is
five hundred one thousand
dollars or more and is less than five seven thousand five hundred
dollars, defrauding creditors is a felony of the fifth degree. If
the value of the property involved is five seven thousand
five
hundred dollars or more and is less than one hundred fifty
thousand dollars, defrauding creditors is a felony of the fourth
degree. If the value of the property involved is one hundred
fifty thousand dollars or more, defrauding creditors is a felony
of the third degree.
Sec. 2913.46. (A)(1) As used in this section:
(a) "Electronically transferred benefit" means the transfer
of supplemental nutrition assistance program benefits or WIC
program benefits through the use of an access device.
(b) "WIC program benefits" includes money, coupons, delivery
verification receipts, other documents, food, or other property
received directly or indirectly pursuant to section 17 of the
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended.
(c) "Access device" means any card, plate, code, account
number, or other means of access that can be used, alone or in
conjunction with another access device, to obtain payments,
allotments, benefits, money, goods, or other things of value or
that can be used to initiate a transfer of funds pursuant to
section 5101.33 of the Revised Code and the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program
administered by any department of this state or any county or
local agency pursuant to section 17 of the "Child Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access
device" may include any electronic debit card or other means
authorized by section 5101.33 of the Revised Code.
(d) "Aggregate value of supplemental nutrition assistance
program benefits, WIC program benefits, and electronically
transferred benefits involved in the violation" means the total
face value of any supplemental nutrition assistance program
benefits, plus the total face value of WIC program coupons or
delivery verification receipts, plus the total value of other WIC
program benefits, plus the total value of any electronically
transferred benefit or other access device, involved in the
violation.
(e) "Total value of any electronically transferred benefit or
other access device" means the total value of the payments,
allotments, benefits, money, goods, or other things of value that
may be obtained, or the total value of funds that may be
transferred, by use of any electronically transferred benefit or
other access device at the time of violation.
(2) If supplemental nutrition assistance program benefits,
WIC program benefits, or electronically transferred benefits or
other access devices of various values are used, transferred,
bought, acquired, altered, purchased, possessed, presented for
redemption, or transported in violation of this section over a
period of twelve months, the course of conduct may be charged as
one offense and the values of supplemental nutrition assistance
program benefits, WIC program benefits, or any electronically
transferred benefits or other access devices may be aggregated in
determining the degree of the offense.
(B) No individual shall knowingly possess, buy, sell, use,
alter, accept, or transfer supplemental nutrition assistance
program benefits, WIC program benefits, or any electronically
transferred benefit in any manner not authorized by the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as
amended.
(C) No organization, as defined in division (D) of section
2901.23 of the Revised Code, shall do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer,
or trade items or services, the purchase of which is prohibited by
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42
U.S.C. 1786, as amended, in exchange for supplemental nutrition
assistance program benefits, WIC program benefits, or any
electronically transferred benefit;
(2) Negligently allow an employee or agent to sell, transfer,
or exchange supplemental nutrition assistance program benefits,
WIC program benefits, or any electronically transferred benefit
for anything of value.
(D) Whoever violates this section is guilty of illegal use of
supplemental nutrition assistance program benefits or WIC program
benefits. Except as otherwise provided in this division, illegal
use of supplemental nutrition assistance program benefits or WIC
program benefits is a felony of the fifth degree. If the aggregate
value of the supplemental nutrition assistance program benefits,
WIC program benefits, and electronically transferred benefits
involved in the violation is five hundred one thousand dollars or
more and is less than five seven thousand five hundred dollars,
illegal use of supplemental nutrition assistance program benefits
or WIC program benefits is a felony of the fourth degree. If the
aggregate value of the supplemental nutrition assistance program
benefits, WIC program benefits, and electronically transferred
benefits involved in the violation is five seven thousand five
hundred dollars or more and is less than one hundred fifty
thousand dollars, illegal use of supplemental nutrition assistance
program benefits or WIC program benefits is a felony of the third
degree. If the aggregate value of the supplemental nutrition
assistance program benefits, WIC program benefits, and
electronically transferred benefits involved in the violation is
one hundred fifty thousand dollars or more, illegal use of
supplemental nutrition assistance program benefits or WIC program
benefits is a felony of the second degree.
Sec. 2913.47. (A) As used in this section:
(1) "Data" has the same meaning as in section 2913.01 of the
Revised Code and additionally includes any other representation of
information, knowledge, facts, concepts, or instructions that are
being or have been prepared in a formalized manner.
(2) "Deceptive" means that a statement, in whole or in part,
would cause another to be deceived because it contains a
misleading representation, withholds information, prevents the
acquisition of information, or by any other conduct, act, or
omission creates, confirms, or perpetuates a false impression,
including, but not limited to, a false impression as to law,
value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to engage
in the business of insurance in this state under Title XXXIX of
the Revised Code, the Ohio fair plan underwriting association
created under section 3929.43 of the Revised Code, any health
insuring corporation, and any legal entity that is self-insured
and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract, or plan
that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any notice,
letter, or memorandum; proof of loss; bill of lading; receipt for
payment; invoice, account, or other financial statement; estimate
of property damage; bill for services; diagnosis or prognosis;
prescription; hospital, medical, or dental chart or other record;
x-ray, photograph, videotape, or movie film; test result; other
evidence of loss, injury, or expense; computer-generated document;
and data in any form.
(B) No person, with purpose to defraud or knowing that the
person is facilitating a fraud, shall do either of the following:
(1) Present to, or cause to be presented to, an insurer any
written or oral statement that is part of, or in support of, an
application for insurance, a claim for payment pursuant to a
policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is false
or deceptive;
(2) Assist, aid, abet, solicit, procure, or conspire with
another to prepare or make any written or oral statement that is
intended to be presented to an insurer as part of, or in support
of, an application for insurance, a claim for payment pursuant to
a policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is false
or deceptive.
(C) Whoever violates this section is guilty of insurance
fraud. Except as otherwise provided in this division, insurance
fraud is a misdemeanor of the first degree. If the amount of the
claim that is false or deceptive is five hundred one thousand
dollars or more and is less than five seven thousand five hundred
dollars, insurance fraud is a felony of the fifth degree. If the
amount of the claim that is false or deceptive is five seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, insurance fraud is a felony of the fourth
degree. If the amount of the claim that is false or deceptive is
one hundred fifty thousand dollars or more, insurance fraud is a
felony of the third degree.
(D) This section shall not be construed to abrogate, waive,
or modify division (A) of section 2317.02 of the Revised Code.
Sec. 2913.48. (A) No person, with purpose to defraud or
knowing that the person is facilitating a fraud, shall do any of
the following:
(1) Receive workers' compensation benefits to which the
person is not entitled;
(2) Make or present or cause to be made or presented a false
or misleading statement with the purpose to secure payment for
goods or services rendered under Chapter 4121., 4123., 4127., or
4131. of the Revised Code or to secure workers' compensation
benefits;
(3) Alter, falsify, destroy, conceal, or remove any record or
document that is necessary to fully establish the validity of any
claim filed with, or necessary to establish the nature and
validity of all goods and services for which reimbursement or
payment was received or is requested from, the bureau of workers'
compensation, or a self-insuring employer under Chapter 4121.,
4123., 4127., or 4131. of the Revised Code;
(4) Enter into an agreement or conspiracy to defraud the
bureau or a self-insuring employer by making or presenting or
causing to be made or presented a false claim for workers'
compensation benefits;
(5) Make or present or cause to be made or presented a false
statement concerning manual codes, classification of employees,
payroll, paid compensation, or number of personnel, when
information of that nature is necessary to determine the actual
workers' compensation premium or assessment owed to the bureau by
an employer;
(6) Alter, forge, or create a workers' compensation
certificate to falsely show current or correct workers'
compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage
as required by Chapter 4123. of the Revised Code with the intent
to defraud the bureau of workers' compensation.
(B) Whoever violates this section is guilty of workers'
compensation fraud. Except as otherwise provided in this division,
a violation of this section is a misdemeanor of the first degree.
If the value of premiums and assessments unpaid pursuant to
actions described in division (A)(5), (6), or (7) of this section,
or of goods, services, property, or money stolen is five hundred
one thousand dollars or more and is less than
five seven thousand
five hundred dollars, a violation of this section is a felony of
the fifth degree. If the value of premiums and assessments unpaid
pursuant to actions described in division (A)(5), (6), or (7) of
this section, or of goods, services, property, or money stolen is
five seven thousand
five hundred dollars or more and is less than
one hundred fifty thousand dollars, a violation of this section is
a felony of the fourth degree. If the value of premiums and
assessments unpaid pursuant to actions described in division
(A)(5), (6), or (7) of this section, or of goods, services,
property, or money stolen is one hundred
fifty thousand dollars or
more, a violation of this section is a felony of the third degree.
(C) Upon application of the governmental body that conducted
the investigation and prosecution of a violation of this section,
the court shall order the person who is convicted of the violation
to pay the governmental body its costs of investigating and
prosecuting the case. These costs are in addition to any other
costs or penalty provided in the Revised Code or any other section
of law.
(D) The remedies and penalties provided in this section are
not exclusive remedies and penalties and do not preclude the use
of any other criminal or civil remedy or penalty for any act that
is in violation of this section.
(E) As used in this section:
(1) "False" means wholly or partially untrue or deceptive.
(2) "Goods" includes, but is not limited to, medical
supplies, appliances, rehabilitative equipment, and any other
apparatus or furnishing provided or used in the care, treatment,
or rehabilitation of a claimant for workers' compensation
benefits.
(3) "Services" includes, but is not limited to, any service
provided by any health care provider to a claimant for workers'
compensation benefits and any and all services provided by the
bureau as part of workers' compensation insurance coverage.
(4) "Claim" means any attempt to cause the bureau, an
independent third party with whom the administrator or an employer
contracts under section 4121.44 of the Revised Code, or a
self-insuring employer to make payment or reimbursement for
workers' compensation benefits.
(5) "Employment" means participating in any trade,
occupation, business, service, or profession for substantial
gainful remuneration.
(6) "Employer," "employee," and "self-insuring employer" have
the same meanings as in section 4123.01 of the Revised Code.
(7) "Remuneration" includes, but is not limited to, wages,
commissions, rebates, and any other reward or consideration.
(8) "Statement" includes, but is not limited to, any oral,
written, electronic, electronic impulse, or magnetic communication
notice, letter, memorandum, receipt for payment, invoice, account,
financial statement, or bill for services; a diagnosis, prognosis,
prescription, hospital, medical, or dental chart or other record;
and a computer generated document.
(9) "Records" means any medical, professional, financial, or
business record relating to the treatment or care of any person,
to goods or services provided to any person, or to rates paid for
goods or services provided to any person, or any record that the
administrator of workers' compensation requires pursuant to rule.
(10) "Workers' compensation benefits" means any compensation
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of
the Revised Code.
Sec. 2913.49. (A) As used in this section, "personal
identifying information" includes, but is not limited to, the
following: the name, address, telephone number, driver's license,
driver's license number, commercial driver's license, commercial
driver's license number, state identification card, state
identification card number, social security card, social security
number, birth certificate, place of employment, employee
identification number, mother's maiden name, demand deposit
account number, savings account number, money market account
number, mutual fund account number, other financial account
number, personal identification number, password, or credit card
number of a living or dead individual.
(B) No person, without the express or implied consent of the
other person, shall use, obtain, or possess any personal
identifying information of another person with intent to do either
of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the person's own personal identifying information.
(C) No person shall create, obtain, possess, or use the
personal identifying information of any person with the intent to
aid or abet another person in violating division (B) of this
section.
(D) No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section.
(F)(1) It is an affirmative defense to a charge under
division (B) of this section that the person using the personal
identifying information is acting in accordance with a legally
recognized guardianship or conservatorship or as a trustee or
fiduciary.
(2) It is an affirmative defense to a charge under division
(B), (C), (D), or (E) of this section that either of the following
applies:
(a) The person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used, with prior consent given as specified in this division,
in a bona fide investigation, an information security evaluation,
a pretext calling evaluation, or a similar matter. The prior
consent required under this division shall be given by the person
whose personal identifying information is being used, obtained,
possessed, or created or is being permitted to be used or, if the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used
is deceased, by that deceased person's executor, or a member of
that deceased person's family, or that deceased person's attorney.
The prior consent required under this division may be given orally
or in writing by the person whose personal identifying information
is being used, obtained, possessed, or created or is being
permitted to be used or that person's executor, or family member,
or attorney.
(b) The personal identifying information was obtained,
possessed, used, created, or permitted to be used for a lawful
purpose, provided that division (F)(2)(b) of this section does not
apply if the person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing,
or creating the personnel personal identifying information or
permitting it to be used in an investigation, an information
security evaluation, a pretext calling evaluation, or similar
matter.
(G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, used, created, or permitted to be used was deceased at
the time of the offense.
(H)(1) If an offender commits a violation of division (B),
(D), or (E) of this section and the violation occurs as part of a
course of conduct involving other violations of division (B), (D),
or (E) of this section or violations of, attempts to violate,
conspiracies to violate, or complicity in violations of division
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the
court, in determining the degree of the offense pursuant to
division (I) of this section, may aggregate all credit, property,
or services obtained or sought to be obtained by the offender and
all debts or other legal obligations avoided or sought to be
avoided by the offender in the violations involved in that course
of conduct. The course of conduct may involve one victim or more
than one victim.
(2) If an offender commits a violation of division (C) of
this section and the violation occurs as part of a course of
conduct involving other violations of division (C) of this section
or violations of, attempts to violate, conspiracies to violate, or
complicity in violations of division (B), (D), or (E) of this
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in
determining the degree of the offense pursuant to division (I) of
this section, may aggregate all credit, property, or services
obtained or sought to be obtained by the person aided or abetted
and all debts or other legal obligations avoided or sought to be
avoided by the person aided or abetted in the violations involved
in that course of conduct. The course of conduct may involve one
victim or more than one victim.
(I)(1) Whoever violates this section is guilty of identity
fraud.
(2) Except as otherwise provided in this division or division
(I)(3) of this section, identity fraud is a felony of the fifth
degree. If the value of the credit, property, services, debt, or
other legal obligation involved in the violation or course of
conduct is five hundred one thousand dollars or more and is less
than
five seven thousand five hundred dollars, except as otherwise
provided in division (I)(3) of this section, identity fraud is a
felony of the fourth degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the
violation or course of conduct is
five seven thousand
five hundred
dollars or more and is less than one hundred
fifty thousand
dollars, except as otherwise provided in division (I)(3) of this
section, identity fraud is a felony of the third degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
hundred
fifty thousand dollars or more, except as otherwise
provided in division (I)(3) of this section, identity fraud is a
felony of the second degree.
(3) If the victim of the offense is an elderly person or
disabled adult, a violation of this section is identity fraud
against an elderly person or disabled adult. Except as otherwise
provided in this division, identity fraud against an elderly
person or disabled adult is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is five
hundred one thousand dollars or more and is less than five
seven
thousand
five hundred dollars, identity fraud against an elderly
person or disabled adult is a felony of the third degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is five
seven thousand
five hundred dollars or more and is less than one
hundred fifty thousand dollars, identity fraud against an elderly
person or disabled adult is a felony of the second degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
hundred fifty thousand dollars or more, identity fraud against an
elderly person or disabled adult is a felony of the first degree.
Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable cause
to believe that the property has been obtained through commission
of a theft offense.
(B) It is not a defense to a charge of receiving stolen
property in violation of this section that the property was
obtained by means other than through the commission of a theft
offense if the property was explicitly represented to the accused
person as being obtained through the commission of a theft
offense.
(C) Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this division,
receiving stolen property is a misdemeanor of the first degree. If
the value of the property involved is five hundred one thousand
dollars or more and is less than five seven thousand
five hundred
dollars, if the property involved is any of the property listed in
section 2913.71 of the Revised Code, receiving stolen property is
a felony of the fifth degree. If the property involved is a motor
vehicle, as defined in section 4501.01 of the Revised Code, if the
property involved is a dangerous drug, as defined in section
4729.01 of the Revised Code, if the value of the property involved
is five seven thousand five hundred dollars or more and is less
than one hundred
fifty thousand dollars, or if the property
involved is a firearm or dangerous ordnance, as defined in section
2923.11 of the Revised Code, receiving stolen property is a felony
of the fourth degree. If the value of the property involved is one
hundred fifty thousand dollars or more, receiving stolen property
is a felony of the third degree.
Sec. 2913.61. (A) When a person is charged with a theft
offense, or with a violation of division (A)(1) of section 1716.14
of the Revised Code involving a victim who is an elderly person or
disabled adult that involves property or services valued at five
hundred one thousand dollars or more, property or services valued
at five hundred one thousand dollars or more and less than five
seven thousand five hundred dollars, property or services valued
at one thousand five hundred dollars or more and less than seven
thousand five hundred dollars, property or services valued at five
seven thousand
five hundred dollars or more and less than
twenty-five thirty-seven thousand five hundred dollars,
property
or services valued at seven thousand five hundred dollars or more
and less than one hundred fifty thousand dollars, property or
services valued at twenty-five
thirty-seven thousand
five hundred
dollars or more and less than one hundred fifty thousand dollars,
or
property or services valued at thirty-seven thousand five
hundred dollars or more, property or services valued at one
hundred
fifty thousand dollars or more,
property or services
valued at one hundred fifty thousand dollars or more and less than
seven hundred fifty thousand dollars, property or services valued
at seven hundred fifty thousand dollars or more and less than one
million five hundred thousand dollars, or property or services
valued at one million five hundred thousand dollars or more, the
jury or court trying the accused shall determine the value of the
property or services as of the time of the offense and, if a
guilty verdict is returned, shall return the finding of value as
part of the verdict. In any case in which the jury or court
determines that the value of the property or services at the time
of the offense was five hundred one thousand dollars or more, it
is unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the
value of the property or services involved was
five hundred
one
thousand dollars or more and less than
five seven thousand
five
hundred dollars, was one thousand dollars or more and less than
seven thousand five hundred dollars, was
five seven thousand five
hundred dollars or more and less than
twenty-five thirty-seven
thousand
five hundred dollars, was seven thousand five hundred
dollars or more and less than thirty-seven thousand five hundred
dollars, was seven thousand five hundred dollars or more and less
than one hundred fifty thousand dollars, was twenty-five
thirty-seven thousand
five hundred dollars or more and less than
one hundred fifty thousand dollars, or
was thirty-seven thousand
five hundred dollars or more and less than one hundred fifty
thousand dollars, was one hundred
fifty thousand dollars or more,
was one hundred fifty thousand dollars or more and less than seven
hundred fifty thousand dollars, was seven hundred fifty thousand
dollars or more and less than one million five hundred thousand
dollars, or was one million five hundred thousand dollars or more,
whichever is relevant regarding the offense.
(B) If more than one item of property or services is involved
in a theft offense or in a violation of division (A)(1) of section
1716.14 of the Revised Code involving a victim who is an elderly
person or disabled adult, the value of the property or services
involved for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all
property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code, or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or section
2913.31 or 2913.43 of the Revised Code involving a victim who is
an elderly person or disabled adult, is committed by the offender
in the offender's same employment, capacity, or relationship to
another, all of those offenses shall be tried as a single offense.
The value of the property or services involved in the series of
offenses for the purpose of determining the value as required by
division (A) of this section is the aggregate value of all
property and services involved in all offenses in the series.
(2) If an offender commits a series of offenses under section
2913.02 of the Revised Code that involves a common course of
conduct to defraud multiple victims, all of the offenses may be
tried as a single offense. If an offender is being tried for the
commission of a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or section
2913.31 or 2913.43 of the Revised Code, whether committed against
one victim or more than one victim, involving a victim who is an
elderly person or disabled adult, pursuant to a scheme or course
of conduct, all of those offenses may be tried as a single
offense. If the offenses are tried as a single offense, the value
of the property or services involved for the purpose of
determining the value as required by division (A) of this section
is the aggregate value of all property and services involved in
all of the offenses in the course of conduct.
(3) When a series of two or more offenses under section
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by
the offender in the offender's same employment, capacity, or
relationship to another, all of those offenses may be tried as a
single offense. If the offenses are tried as a single offense, the
value of the property or services involved for the purpose of
determining the value as required by division (A) of this section
is the aggregate value of all property and services involved in
all of the offenses in the series of two or more offenses.
(4) In prosecuting a single offense under division (C)(1),
(2), or (3) of this section, it is not necessary to separately
allege and prove each offense in the series. Rather, it is
sufficient to allege and prove that the offender, within a given
span of time, committed one or more theft offenses or violations
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the
offender's same employment, capacity, or relationship to another
as described in division (C)(1) or (3) of this section, or
committed one or more theft offenses that involve a common course
of conduct to defraud multiple victims or a scheme or course of
conduct as described in division (C)(2) of this section. While it
is not necessary to separately allege and prove each offense in
the series in order to prosecute a single offense under division
(C)(1), (2), or (3) of this section, it remains necessary in
prosecuting them as a single offense to prove the aggregate value
of the property or services in order to meet the requisite
statutory offense level sought by the prosecution.
(D) The following criteria shall be used in determining the
value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and of
materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of this
section and which retains substantial utility for its purpose
regardless of its age or condition, is the cost of replacing the
property with new property of like kind and quality.
(3) The value of any real or personal property that is not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to
establish the value of property or services involved in a theft
offense:
(1) When the property involved is personal property held for
sale at wholesale or retail, the price at which the property was
held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or raw
agricultural products for which a local market price is available,
the latest local market price prior to the offense is prima-facie
evidence of the value of the livestock, poultry, or products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt, bill
of lading, pawn ticket, claim check, or other instrument entitling
the holder or bearer to receive property, the face value or, if
there is no face value, the value of the property covered by the
instrument less any payment necessary to receive the property is
prima-facie evidence of the value of the instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received by the instrument is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity, water,
telephone, transportation, shipping, or other services for which
the rate is established by law, the duly established rate is
prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been notified
prior to the offense of the rate for the services, either in
writing, orally, or by posting in a manner reasonably calculated
to come to the attention of potential offenders, the rate
contained in the notice is prima-facie evidence of the value of
the services.
Sec. 2915.05. (A) No person, with purpose to defraud or
knowing that the person is facilitating a fraud, shall engage in
conduct designed to corrupt the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not
an athletic or sporting event;
(3) A scheme or game of chance;
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit, or accept anything of value to
corrupt the outcome of an athletic or sporting event;
(2) Engage in conduct designed to corrupt the outcome of an
athletic or sporting event.
(C)(1) Whoever violates division (A) of this section is
guilty of cheating. Except as otherwise provided in this division,
cheating is a misdemeanor of the first degree. If the potential
gain from the cheating is five hundred one thousand dollars or
more or if the offender previously has been convicted of any
gambling offense or of any theft offense, as defined in section
2913.01 of the Revised Code, cheating is a felony of the fifth
degree.
(2) Whoever violates division (B) of this section is guilty
of corrupting sports. Corrupting sports is a felony of the fifth
degree on a first offense and a felony of the fourth degree on
each subsequent offense.
Sec. 2917.21. (A) No person shall knowingly make or cause to
be made a telecommunication, or knowingly permit a
telecommunication to be made from a telecommunications device
under the person's control, to another, if the caller does any of
the following:
(1) Fails to identify the caller to the recipient of the
telecommunication and makes the telecommunication with purpose to
harass or abuse any person at the premises to which the
telecommunication is made, whether or not actual communication
takes place between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the
caller, the recipient of the telecommunication, or any other
person engage in sexual activity, and the recipient or another
person at the premises to which the telecommunication is made has
requested, in a previous telecommunication or in the immediate
telecommunication, that the caller not make a telecommunication to
the recipient or to the premises to which the telecommunication is
made;
(3) During the telecommunication, violates section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the
telecommunication that the caller intends to cause damage to or
destroy public or private property, and the recipient, any member
of the recipient's family, or any other person who resides at the
premises to which the telecommunication is made owns, leases,
resides, or works in, will at the time of the destruction or
damaging be near or in, has the responsibility of protecting, or
insures the property that will be destroyed or damaged;
(5) Knowingly makes the telecommunication to the recipient of
the telecommunication, to another person at the premises to which
the telecommunication is made, or to those premises, and the
recipient or another person at those premises previously has told
the caller not to make a telecommunication to those premises or to
any persons at those premises.
(B) No person shall make or cause to be made a
telecommunication, or permit a telecommunication to be made from a
telecommunications device under the person's control, with purpose
to abuse, threaten, or harass another person.
(C)(1) Whoever violates this section is guilty of
telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), or (5) or (B)
of this section is a misdemeanor of the first degree on a first
offense and a felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of this
section, a violation of division (A)(4) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth degree on each subsequent offense. If a violation of
division (A)(4) of this section results in economic harm of five
hundred one thousand dollars or more but less than five seven
thousand five hundred dollars, telecommunications harassment is a
felony of the fifth degree. If a violation of division (A)(4) of
this section results in economic harm of five seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, telecommunications harassment is a felony of the fourth
degree. If a violation of division (A)(4) of this section results
in economic harm of one hundred fifty thousand dollars or more,
telecommunications harassment is a felony of the third degree.
(D) No cause of action may be asserted in any court of this
state against any provider of a telecommunications service or
information service, or against any officer, employee, or agent of
a telecommunication service or information service, for any
injury, death, or loss to person or property that allegedly arises
out of the provider's, officer's, employee's, or agent's provision
of information, facilities, or assistance in accordance with the
terms of a court order that is issued in relation to the
investigation or prosecution of an alleged violation of this
section. A provider of a telecommunications service or information
service, or an officer, employee, or agent of a telecommunications
service or information service, is immune from any civil or
criminal liability for injury, death, or loss to person or
property that allegedly arises out of the provider's, officer's,
employee's, or agent's provision of information, facilities, or
assistance in accordance with the terms of a court order that is
issued in relation to the investigation or prosecution of an
alleged violation of this section.
(E) As used in this section:
(1) "Economic harm" means all direct, incidental, and
consequential pecuniary harm suffered by a victim as a result of
criminal conduct. "Economic harm" includes, but is not limited to,
all of the following:
(a) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
(b) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
(c) The overhead costs incurred for the time that a business
is shut down as a result of the criminal conduct;
(d) The loss of value to tangible or intangible property that
was damaged as a result of the criminal conduct.
(2) "Caller" means the person described in division (A) of
this section who makes or causes to be made a telecommunication or
who permits a telecommunication to be made from a
telecommunications device under that person's control.
(3) "Telecommunication" and "telecommunications device" have
the same meanings as in section 2913.01 of the Revised Code.
(4) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(F) Nothing in this section prohibits a person from making a
telecommunication to a debtor that is in compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.
1692, as amended, or the "Telephone Consumer Protection Act," 105
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division (C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8) of this section, if a violation of this section
results in physical harm to any person, inducing panic is a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of this section, if a violation of this section
results in economic harm, the penalty shall be determined as
follows:
(a) If the violation results in economic harm of five hundred
one thousand dollars or more but less than five seven thousand
five hundred dollars and if division (C)(3) of this section does
not apply, inducing panic is a felony of the fifth degree.
(b) If the violation results in economic harm of five seven
thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm of one hundred
fifty thousand dollars or more, inducing panic is a felony of the
third degree.
(5) If the public place involved in a violation of division
(A)(1) of this section is a school or an institution of higher
education, inducing panic is a felony of the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or (8) of this
section, inducing panic is a felony of the fourth degree.
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in physical harm to any person,
inducing panic is a felony of the third degree.
(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in economic harm of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.
(D)(1) It is not a defense to a charge under this section
that pertains to a purported or threatened use of a weapon of mass
destruction that the offender did not possess or have the ability
to use a weapon of mass destruction or that what was represented
to be a weapon of mass destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means any of the following:
(a) All direct, incidental, and consequential pecuniary harm
suffered by a victim as a result of criminal conduct. "Economic
harm" as described in this division includes, but is not limited
to, all of the following:
(i) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
(ii) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a
business is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
(2) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological
agent;
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and from which
an item or device described in that division may be readily
assembled.
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 2917.32. (A) No person shall do any of the following:
(1) Initiate or circulate a report or warning of an alleged
or impending fire, explosion, crime, or other catastrophe, knowing
that the report or warning is false and likely to cause public
inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency
to be transmitted to or within any organization, public or
private, for dealing with emergencies involving a risk of physical
harm to persons or property;
(3) Report to any law enforcement agency an alleged offense
or other incident within its concern, knowing that such offense
did not occur.
(B) This section does not apply to any person conducting an
authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of making
false alarms.
(2) Except as otherwise provided in division (C)(3), (4),
(5), or (6) of this section, making false alarms is a misdemeanor
of the first degree.
(3) Except as otherwise provided in division (C)(4) of this
section, if a violation of this section results in economic harm
of five hundred one thousand dollars or more but less than five
seven thousand
five hundred dollars, making false alarms is a
felony of the fifth degree.
(4) If a violation of this section pertains to a purported,
threatened, or actual use of a weapon of mass destruction, making
false alarms is a felony of the third degree.
(5) If a violation of this section results in economic harm
of five seven thousand five hundred dollars or more but less than
one hundred
fifty thousand dollars and if division (C)(4) of this
section does not apply, making false alarms is a felony of the
fourth degree.
(6) If a violation of this section results in economic harm
of one hundred fifty thousand dollars or more, making false alarms
is a felony of the third degree.
(D)(1) It is not a defense to a charge under this section
that pertains to a purported or threatened use of a weapon of mass
destruction that the offender did not possess or have the ability
to use a weapon of mass destruction or that what was represented
to be a weapon of mass destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
(E) As used in this section, "economic harm" and "weapon of
mass destruction" have the same meanings as in section 2917.31 of
the Revised Code.
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is under age eighteen, or mentally
or physically handicapped child who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a court order to, another person whom, by court
order or decree, the person is legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage, or
contribute to a child or a ward of the juvenile court becoming a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate support under division (A) of this section or a
charge of failure to provide support established by a court order
under division (B) of this section that the accused was unable to
provide adequate support or the established support but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under division
(A)(3) of this section that the parent abandoned the accused or
failed to support the accused as required by law, while the
accused was under age eighteen, or was mentally or physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that the person whom a court has ordered the accused
to support is being adequately supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates division (A) or (B) of this section is guilty of
nonsupport of dependents, a misdemeanor of the first degree. If
the offender previously has been convicted of or pleaded guilty to
a violation of division (A)(2) or (B) of this section or if the
offender has failed to provide support under division (A)(2) or
(B) of this section for a total accumulated period of twenty-six
weeks out of one hundred four consecutive weeks, whether or not
the twenty-six weeks were consecutive, then a violation of
division (A)(2) or (B) of this section is a felony of the fifth
degree. If the offender previously has been convicted of or
pleaded guilty to a felony violation of this section, a violation
of division (A)(2) or (B) of this section is a felony of the
fourth degree. If
If the violation of division (A) or (B) of this section is a
felony, all of the following apply to the sentencing of the
offender:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, the court in imposing sentence on the offender shall
first consider placing the offender on one or more community
control sanctions under section 2929.16, 2929.17, or 2929.18 of
the Revised Code, with an emphasis under the sanctions on
intervention for nonsupport, obtaining or maintaining employment,
or another related condition.
(b) The preference for placement on community control
sanctions described in division (G)(1)(a) of this section does not
apply to any offender to whom one or more of the following
applies:
(i) The court determines that the imposition of a prison term
on the offender is consistent with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code.
(ii) The offender previously was convicted of or pleaded
guilty to a violation of this section that was a felony, the
conviction or guilty plea occurred on or after the effective date
of this amendment, and the offender was sentenced to a prison term
for that violation.
(iii) The offender previously was convicted of or pleaded
guilty to a violation of this section that was a felony, the
conviction or guilty plea occurred on or after the effective date
of this amendment, the offender was sentenced to one or more
community control sanctions of a type described in division
(G)(1)(a) of this section for that violation, and the offender
failed to comply with the conditions of any of those community
control sanctions.
(2) If the offender is guilty of nonsupport of dependents by
reason of failing to provide support to the offender's child as
required by a child support order issued on or after April 15,
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the
Revised Code, the court, in addition to any other sentence
imposed, shall assess all court costs arising out of the charge
against the person and require the person to pay any reasonable
attorney's fees of any adverse party other than the state, as
determined by the court, that arose in relation to the charge.
(2)(3) Whoever violates division (C) of this section is
guilty of contributing to the nonsupport of dependents, a
misdemeanor of the first degree. Each day of violation of division
(C) of this section is a separate offense.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment compensation; Ohio works first; prevention,
retention, and contingency benefits and services; disability
financial assistance; retirement benefits; economic development
assistance, as defined in section 9.66 of the Revised Code; or
other benefits administered by a governmental agency or paid out
of a public treasury.
(5) The statement is made with purpose to secure the issuance
by a governmental agency of a license, permit, authorization,
certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose to
induce another to extend credit to or employ the offender, to
confer any degree, diploma, certificate of attainment, award of
excellence, or honor on the offender, or to extend to or bestow
upon the offender any other valuable benefit or distinction, when
the person to whom the statement is directed relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within its
jurisdiction, either orally or in a written document, including,
but not limited to, an application, petition, complaint, or other
pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record,
stamp, label, or other writing that is required by law.
(12) The statement is made in connection with the purchase of
a firearm, as defined in section 2923.11 of the Revised Code, and
in conjunction with the furnishing to the seller of the firearm of
a fictitious or altered driver's or commercial driver's license or
permit, a fictitious or altered identification card, or any other
document that contains false information about the purchaser's
identity.
(13) The statement is made in a document or instrument of
writing that purports to be a judgment, lien, or claim of
indebtedness and is filed or recorded with the secretary of state,
a county recorder, or the clerk of a court of record.
(14) The statement is made in an application filed with a
county sheriff pursuant to section 2923.125 of the Revised Code in
order to obtain or renew a license to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(15) The statement is required under section 5743.71 of the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, shall knowingly
furnish to the seller of the firearm a fictitious or altered
driver's or commercial driver's license or permit, a fictitious or
altered identification card, or any other document that contains
false information about the purchaser's identity.
(C) No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious or altered
document that purports to be certification of the person's
competence in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same fact are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty
of falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in this division, falsification in a theft offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred one thousand dollars or more and
is less than
five seven thousand five hundred dollars,
falsification in a theft offense is a felony of the fifth degree.
If the value of the property or services stolen is five seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, falsification in a theft offense is a
felony of the fourth degree. If the value of the property or
services stolen is one hundred fifty thousand dollars or more,
falsification in a theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12) or (B) of this section
is guilty of falsification to purchase a firearm, a felony of the
fifth degree.
(4) Whoever violates division (A)(14) or (C) of this section
is guilty of falsification to obtain a concealed handgun license,
a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to person or property incurred as a result of the commission
of the offense and for reasonable attorney's fees, court costs,
and other expenses incurred as a result of prosecuting the civil
action commenced under this division. A civil action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of this section.
Sec. 2921.34. (A)(1) No person, knowing the person is under
detention, other than supervised release detention, or being
reckless in that regard, shall purposely break or attempt to break
the detention, or purposely fail to return to detention, either
following temporary leave granted for a specific purpose or
limited period, or at the time required when serving a sentence in
intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any
person who is sentenced to a prison term pursuant to division
(A)(3) or (B) of section 2971.03 of the Revised Code.
(b) No person to whom this division applies, for whom the
requirement that the entire prison term imposed upon the person
pursuant to division (A)(3) or (B) of section 2971.03 of the
Revised Code be served in a state correctional institution has
been modified pursuant to section 2971.05 of the Revised Code, and
who, pursuant to that modification, is restricted to a geographic
area, knowing that the person is under a geographic restriction or
being reckless in that regard, shall purposely leave the
geographic area to which the restriction applies or purposely fail
to return to that geographic area following a temporary leave
granted for a specific purpose or for a limited period of time.
(3) No person, knowing the person is under supervised release
detention or being reckless in that regard, shall purposely break
or attempt to break the supervised release detention or purposely
fail to return to the supervised release detention, either
following temporary leave granted for a specific purpose or
limited period, or at the time required when serving a sentence in
intermittent confinement.
(B) Irregularity in bringing about or maintaining detention,
or lack of jurisdiction of the committing or detaining authority,
is not a defense to a charge under this section if the detention
is pursuant to judicial order or in a detention facility. In the
case of any other detention, irregularity or lack of jurisdiction
is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the
person or property of another.
(2) The detaining authority knew or should have known there
was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1) If the offender violates division (A)(1) or (2) of this
section, if the offender, at the time of the commission of the
offense, was under detention as an alleged or adjudicated
delinquent child or unruly child, and if the act for which the
offender was under detention would not be a felony if committed by
an adult, escape is a misdemeanor of the first degree.
(2) If the offender violates division (A)(1) or (2) of this
section and if either the offender, at the time of the commission
of the offense, was under detention in any other manner or if the
offender is a person for whom the requirement that the entire
prison term imposed upon the person pursuant to division (A)(3) or
(B) of section 2971.03 of the Revised Code be served in a state
correctional institution has been modified pursuant to section
2971.05 of the Revised Code, escape is one of the following:
(a) A felony of the second degree, when the most serious
offense for which the person was under detention or for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is aggravated murder, murder, or a felony of the first or second
degree or, if the person was under detention as an alleged or
adjudicated delinquent child, when the most serious act for which
the person was under detention would be aggravated murder, murder,
or a felony of the first or second degree if committed by an
adult;
(b) A felony of the third degree, when the most serious
offense for which the person was under detention or for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious act
for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if
committed by an adult;
(c) A felony of the fifth degree, when any of the following
applies:
(i) The most serious offense for which the person was under
detention is a misdemeanor.
(ii) The person was found not guilty by reason of insanity,
and the person's detention consisted of hospitalization,
institutionalization, or confinement in a facility under an order
made pursuant to or under authority of section 2945.40, 2945.401,
or 2945.402 of the Revised Code.
(d) A misdemeanor of the first degree, when the most serious
offense for which the person was under detention is a misdemeanor
and when the person fails to return to detention at a specified
time following temporary leave granted for a specific purpose or
limited period or at the time required when serving a sentence in
intermittent confinement.
(3) If the offender violates division (A)(3) of this section,
except as otherwise provided in this division, escape is a felony
of the fifth degree. If the offender violates division (A)(3) of
this section and if, at the time of the commission of the offense,
the most serious offense for which the offender was under
supervised release detention was aggravated murder, murder, any
other offense for which a sentence of life imprisonment was
imposed, or a felony of the first or second degree, escape is a
felony of the fourth degree.
(D) As used in this section, "supervised release detention"
means detention that is supervision of a person by an employee of
the department of rehabilitation and correction while the person
is on any type of release from a state correctional institution,
other than transitional control under section 2967.26 of the
Revised Code or placement in a community-based correctional
facility by the parole board under section 2967.28 of the Revised
Code.
Sec. 2921.41. (A) No public official or party official shall
commit any theft offense, as defined in division (K) of section
2913.01 of the Revised Code, when either of the following applies:
(1) The offender uses the offender's office in aid of
committing the offense or permits or assents to its use in aid of
committing the offense;
(2) The property or service involved is owned by this state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision, department,
or agency of any of them, is owned by a political party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a felony of the fifth degree. If the value of property
or services stolen is
five hundred one thousand dollars or more
and is less than five seven thousand five hundred dollars, theft
in office is a felony of the fourth degree. If the value of
property or services stolen is
five
seven thousand five hundred
dollars or more, theft in office is a felony of the third degree.
(C)(1) A public official or party official who pleads guilty
to theft in office and whose plea is accepted by the court or a
public official or party official against whom a verdict or
finding of guilt for committing theft in office is returned is
forever disqualified from holding any public office, employment,
or position of trust in this state.
(2)(a) A court that imposes sentence for a violation of this
section based on conduct described in division (A)(2) of this
section shall require the public official or party official who is
convicted of or pleads guilty to the offense to make restitution
for all of the property or the service that is the subject of the
offense, in addition to the term of imprisonment and any fine
imposed. A court that imposes sentence for a violation of this
section based on conduct described in division (A)(1) of this
section and that determines at trial that this state or a
political subdivision of this state if the offender is a public
official, or a political party in the United States or this state
if the offender is a party official, suffered actual loss as a
result of the offense shall require the offender to make
restitution to the state, political subdivision, or political
party for all of the actual loss experienced, in addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required to
order restitution under division (C)(2)(a) of this section and in
which the offender, at the time of the commission of the offense
or at any other time, was a member of the public employees
retirement system, the Ohio police and fire pension fund, the
state teachers retirement system, the school employees retirement
system, or the state highway patrol retirement system; was an
electing employee, as defined in section 3305.01 of the Revised
Code, participating in an alternative retirement plan provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing member, as defined in section 148.01 of the
Revised Code, in a deferred compensation program offered by the
Ohio public employees deferred compensation board; was an officer
or employee of a municipal corporation who was a participant in a
deferred compensation program offered by that municipal
corporation; was an officer or employee of a government unit, as
defined in section 148.06 of the Revised Code, who was a
participant in a deferred compensation program offered by that
government unit, or was a participating employee, continuing
member, or participant in any deferred compensation program
described in this division and a member of a retirement system
specified in this division or a retirement system of a municipal
corporation, the entity to which restitution is to be made may
file a motion with the sentencing court specifying any retirement
system, any provider as defined in section 3305.01 of the Revised
Code, and any deferred compensation program of which the offender
was a member, electing employee, participating employee,
continuing member, or participant and requesting the court to
issue an order requiring the specified retirement system, the
specified provider under the alternative retirement plan, or the
specified deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, to
withhold the amount required as restitution from any payment that
is to be made under a pension, annuity, or allowance, under an
option in the alternative retirement plan, under a participant
account, as defined in section 148.01 of the Revised Code, or
under any other type of benefit, other than a survivorship
benefit, that has been or is in the future granted to the
offender, from any payment of accumulated employee contributions
standing to the offender's credit with that retirement system,
that provider of the option under the alternative retirement plan,
or that deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, and
from any payment of any other amounts to be paid to the offender
upon the offender's withdrawal of the offender's contributions
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of
the Revised Code. A motion described in this division may be filed
at any time subsequent to the conviction of the offender or entry
of a guilty plea. Upon the filing of the motion, the clerk of the
court in which the motion is filed shall notify the offender, the
specified retirement system, the specified provider under the
alternative retirement plan, or the specified deferred
compensation program, or, if more than one is specified in the
motion, the applicable combination of these, in writing, of all of
the following: that the motion was filed; that the offender will
be granted a hearing on the issuance of the requested order if the
offender files a written request for a hearing with the clerk
prior to the expiration of thirty days after the offender receives
the notice; that, if a hearing is requested, the court will
schedule a hearing as soon as possible and notify the offender,
any specified retirement system, any specified provider under an
alternative retirement plan, and any specified deferred
compensation program of the date, time, and place of the hearing;
that, if a hearing is conducted, it will be limited only to a
consideration of whether the offender can show good cause why the
requested order should not be issued; that, if a hearing is
conducted, the court will not issue the requested order if the
court determines, based on evidence presented at the hearing by
the offender, that there is good cause for the requested order not
to be issued; that the court will issue the requested order if a
hearing is not requested or if a hearing is conducted but the
court does not determine, based on evidence presented at the
hearing by the offender, that there is good cause for the
requested order not to be issued; and that, if the requested order
is issued, any retirement system, any provider under an
alternative retirement plan, and any deferred compensation program
specified in the motion will be required to withhold the amount
required as restitution from payments to the offender.
(ii) In any case in which a sentencing court is required to
order restitution under division (C)(2)(a) of this section and in
which a motion requesting the issuance of a withholding order as
described in division (C)(2)(b)(i) of this section is filed, the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the expiration
of thirty days after the offender's receipt of the notice provided
pursuant to division (C)(2)(b)(i) of this section. If a request
for a hearing is made by the offender within the prescribed time,
the court shall schedule a hearing as soon as possible after the
request is made and shall notify the offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the specified deferred compensation program,
or, if more than one is specified in the motion, the applicable
combination of these, of the date, time, and place of the hearing.
A hearing scheduled under this division shall be limited to a
consideration of whether there is good cause, based on evidence
presented by the offender, for the requested order not to be
issued. If the court determines, based on evidence presented by
the offender, that there is good cause for the order not to be
issued, the court shall deny the motion and shall not issue the
requested order. If the offender does not request a hearing within
the prescribed time or if the court conducts a hearing but does
not determine, based on evidence presented by the offender, that
there is good cause for the order not to be issued, the court
shall order the specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred compensation program, or, if more than one is specified
in the motion, the applicable combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account, as defined in
section 148.01 of the Revised Code, under an option in the
alternative retirement plan, or under any other type of benefit,
other than a survivorship benefit, that has been or is in the
future granted to the offender, from any payment of accumulated
employee contributions standing to the offender's credit with that
retirement system, that provider under the alternative retirement
plan, or that deferred compensation program, or, if more than one
is specified in the motion, the applicable combination of these,
and from any payment of any other amounts to be paid to the
offender upon the offender's withdrawal of the offender's
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,
or 5505. of the Revised Code, and to continue the withholding for
that purpose, in accordance with the order, out of each payment to
be made on or after the date of issuance of the order, until
further order of the court. Upon receipt of an order issued under
this division, the public employees retirement system, the Ohio
police and fire pension fund, the state teachers retirement
system, the school employees retirement system, the state highway
patrol retirement system, a municipal corporation retirement
system, the provider under the alternative retirement plan, and
the deferred compensation program offered by the Ohio public
employees deferred compensation board, a municipal corporation, or
a government unit, as defined in section 148.06 of the Revised
Code, whichever are applicable, shall withhold the amount required
as restitution, in accordance with the order, from any such
payments and immediately shall forward the amount withheld to the
clerk of the court in which the order was issued for payment to
the entity to which restitution is to be made.
(iii) Service of a notice required by division (C)(2)(b)(i)
or (ii) of this section shall be effected in the same manner as
provided in the Rules of Civil Procedure for the service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire pension
fund, the state teachers retirement system, the school employees
retirement system, the state highway patrol retirement system, the
provider under an alternative retirement plan, any municipal
corporation retirement system in this state, and the deferred
compensation program offered by the Ohio public employees deferred
compensation board, a municipal corporation, or a government unit,
as defined in section 148.06 of the Revised Code. The written
notice shall specifically identify the person charged.
Sec. 2923.01. (A) No person, with purpose to commit or to
promote or facilitate the commission of aggravated murder, murder,
kidnapping, abduction, compelling prostitution, promoting
prostitution, trafficking in persons, aggravated arson, arson,
aggravated robbery, robbery, aggravated burglary, burglary,
trespassing in a habitation when a person is present or likely to
be present, engaging in a pattern of corrupt activity, corrupting
another with drugs, a felony drug trafficking, manufacturing,
processing, or possession offense, theft of drugs, or illegal
processing of drug documents, the commission of a felony offense
of unauthorized use of a vehicle, illegally transmitting multiple
commercial electronic mail messages or unauthorized access of a
computer in violation of section 2923.421 of the Revised Code, or
the commission of a violation of any provision of Chapter 3734. of
the Revised Code, other than section 3734.18 of the Revised Code,
that relates to hazardous wastes, shall do either of the
following:
(1) With another person or persons, plan or aid in planning
the commission of any of the specified offenses;
(2) Agree with another person or persons that one or more of
them will engage in conduct that facilitates the commission of any
of the specified offenses.
(B) No person shall be convicted of conspiracy unless a
substantial overt act in furtherance of the conspiracy is alleged
and proved to have been done by the accused or a person with whom
the accused conspired, subsequent to the accused's entrance into
the conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose on
the part of the actor that the object of the conspiracy should be
completed.
(C) When the offender knows or has reasonable cause to
believe that a person with whom the offender conspires also has
conspired or is conspiring with another to commit the same
offense, the offender is guilty of conspiring with that other
person, even though the other person's identity may be unknown to
the offender.
(D) It is no defense to a charge under this section that, in
retrospect, commission of the offense that was the object of the
conspiracy was impossible under the circumstances.
(E) A conspiracy terminates when the offense or offenses that
are its objects are committed or when it is abandoned by all
conspirators. In the absence of abandonment, it is no defense to a
charge under this section that no offense that was the object of
the conspiracy was committed.
(F) A person who conspires to commit more than one offense is
guilty of only one conspiracy, when the offenses are the object of
the same agreement or continuous conspiratorial relationship.
(G) When a person is convicted of committing or attempting to
commit a specific offense or of complicity in the commission of or
attempt to commit the specific offense, the person shall not be
convicted of conspiracy involving the same offense.
(H)(1) No person shall be convicted of conspiracy upon the
testimony of a person with whom the defendant conspired,
unsupported by other evidence.
(2) If a person with whom the defendant allegedly has
conspired testifies against the defendant in a case in which the
defendant is charged with conspiracy and if the testimony is
supported by other evidence, the court, when it charges the jury,
shall state substantially the following:
"The testimony of an accomplice that is supported by other
evidence does not become inadmissible because of the accomplice's
complicity, moral turpitude, or self-interest, but the admitted or
claimed complicity of a witness may affect the witness'
credibility and make the witness' testimony subject to grave
suspicion, and require that it be weighed with great caution.
It is for you, as jurors, in the light of all the facts
presented to you from the witness stand, to evaluate such
testimony and to determine its quality and worth or its lack of
quality and worth."
(3) "Conspiracy," as used in division (H)(1) of this section,
does not include any conspiracy that results in an attempt to
commit an offense or in the commission of an offense.
(I) The following are affirmative defenses to a charge of
conspiracy:
(1) After conspiring to commit an offense, the actor thwarted
the success of the conspiracy under circumstances manifesting a
complete and voluntary renunciation of the actor's criminal
purpose.
(2) After conspiring to commit an offense, the actor
abandoned the conspiracy prior to the commission of or attempt to
commit any offense that was the object of the conspiracy, either
by advising all other conspirators of the actor's abandonment, or
by informing any law enforcement authority of the existence of the
conspiracy and of the actor's participation in the conspiracy.
(J) Whoever violates this section is guilty of conspiracy,
which is one of the following:
(1) A felony of the first degree, when one of the objects of
the conspiracy is aggravated murder, murder, or an offense for
which the maximum penalty is imprisonment for life;
(2) A felony of the next lesser degree than the most serious
offense that is the object of the conspiracy, when the most
serious offense that is the object of the conspiracy is a felony
of the first, second, third, or fourth degree;
(3) A felony punishable by a fine of not more than
twenty-five thousand dollars or imprisonment for not more than
eighteen months, or both, when the offense that is the object of
the conspiracy is a violation of any provision of Chapter 3734. of
the Revised Code, other than section 3734.18 of the Revised Code,
that relates to hazardous wastes;
(4) A misdemeanor of the first degree, when the most serious
offense that is the object of the conspiracy is a felony of the
fifth degree.
(K) This section does not define a separate conspiracy
offense or penalty where conspiracy is defined as an offense by
one or more sections of the Revised Code, other than this section.
In such a case, however:
(1) With respect to the offense specified as the object of
the conspiracy in the other section or sections, division (A) of
this section defines the voluntary act or acts and culpable mental
state necessary to constitute the conspiracy;
(2) Divisions (B) to (I) of this section are incorporated by
reference in the conspiracy offense defined by the other section
or sections of the Revised Code.
(L)(1) In addition to the penalties that otherwise are
imposed for conspiracy, a person who is found guilty of conspiracy
to engage in a pattern of corrupt activity is subject to divisions
(B)(2) and (3) of section 2923.32, division (A) of section
2981.04, and division (D) of section 2981.06 of the Revised Code.
(2) If a person is convicted of or pleads guilty to
conspiracy and if the most serious offense that is the object of
the conspiracy is a felony drug trafficking, manufacturing,
processing, or possession offense, in addition to the penalties or
sanctions that may be imposed for the conspiracy under division
(J)(2) or (4) of this section and Chapter 2929. of the Revised
Code, both of the following apply:
(a) The provisions of divisions (D), (F), and (G) of section
2925.03, division (D) of section 2925.04, division (D) of section
2925.05, division (D) of section 2925.06, and division (E) of
section 2925.11 of the Revised Code that pertain to mandatory and
additional fines, driver's or commercial driver's license or
permit suspensions, and professionally licensed persons and that
would apply under the appropriate provisions of those divisions to
a person who is convicted of or pleads guilty to the felony drug
trafficking, manufacturing, processing, or possession offense that
is the most serious offense that is the basis of the conspiracy
shall apply to the person who is convicted of or pleads guilty to
the conspiracy as if the person had been convicted of or pleaded
guilty to the felony drug trafficking, manufacturing, processing,
or possession offense that is the most serious offense that is the
basis of the conspiracy.
(b) The court that imposes sentence upon the person who is
convicted of or pleads guilty to the conspiracy shall comply with
the provisions identified as being applicable under division
(L)(2) of this section, in addition to any other penalty or
sanction that it imposes for the conspiracy under division (J)(2)
or (4) of this section and Chapter 2929. of the Revised Code.
(M) As used in this section:
(1) "Felony drug trafficking, manufacturing, processing, or
possession offense" means any of the following that is a felony:
(a) A violation of section 2925.03, 2925.04, 2925.05, or
2925.06 of the Revised Code;
(b) A violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust
in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any
other trust arrangement under which any other person holds title
to personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express
fiduciary arrangement under which any other person holds title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall occur
on or after January 1, 1986. Unless any incident was an aggravated
murder or murder, the last of the incidents forming the pattern
shall occur within six years after the commission of any prior
incident forming the pattern, excluding any period of imprisonment
served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a felony
under the laws of this state in existence at the time it was
committed or, if committed in violation of the laws of the United
States or of any other state, shall constitute a felony under the
law of the United States or the other state and would be a
criminal offense under the law of this state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section
1.03 of the Revised Code, or any other property or service that
has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of
section 1707.44; division (A)(1) or (2) of section 2923.20;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after July 1, 1996, and that, had it occurred prior to that
date, would have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, or any violation of
section 2915.05 of the Revised Code that occurs on or after July
1, 1996, and that, had it occurred prior to that date, would have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or
fourth degree and that occurs on or after July 1, 1996, any
violation of section 2915.02 of the Revised Code that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred prior to that date, would not have been a violation of
section 3769.11 of the Revised Code as it existed prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July
1, 1996, when the proceeds of the violation, the payments made in
the violation, the amount of a claim for payment or for any other
benefit that is false or deceptive and that is involved in the
violation, or the value of the contraband or other property
illegally possessed, sold, or purchased in the violation exceeds
five hundred one thousand dollars, or any combination of
violations described in division (I)(2)(c) of this section when
the total proceeds of the combination of violations, payments made
in the combination of violations, amount of the claims for payment
or for other benefits that is false or deceptive and that is
involved in the combination of violations, or value of the
contraband or other property illegally possessed, sold, or
purchased in the combination of violations exceeds five hundred
one thousand dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation or combination of violations
exceeds five hundred one thousand dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this section and violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred one thousand dollars;
(g) Any violation of section 2905.32 of the Revised Code to
the extent the violation is not based solely on the same conduct
that constitutes corrupt activity pursuant to division (I)(2)(c)
of this section due to the conduct being in violation of section
2907.21 of the Revised Code.
(3) Conduct constituting a violation of any law of any state
other than this state that is substantially similar to the conduct
described in division (I)(2) of this section, provided the
defendant was convicted of the conduct in a criminal proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest
in real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator with
the will annexed, testamentary trustee, guardian, or committee,
appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted in violation of any federal or state
law relating to the business of gambling activity or relating to
the business of lending money at an usurious rate unless the
creditor proves, by a preponderance of the evidence, that the
usurious rate was not intentionally set and that it resulted from
a good faith error by the creditor, notwithstanding the
maintenance of procedures that were adopted by the creditor to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred one thousand dollars
or more from one or more retail establishments with the intent to
sell, deliver, or transfer that property to a retail property
fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred one thousand dollars, the
value of all retail property stolen from the retail establishment
or retail establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "dispense,"
"distribute," "hypodermic," "manufacturer," "official written
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"
"schedule II," "schedule III," "schedule IV," "schedule V," and
"wholesaler" have the same meanings as in section 3719.01 of the
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same
meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional
authorized to prescribe drugs," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III, with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section,
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or twenty-five
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I opiate or opium
derivative;
(b) An amount equal to or exceeding ten grams of a compound,
mixture, preparation, or substance that is or contains any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or lysergic acid amide, or a schedule I
stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant that is in a final dosage
form manufactured by a person authorized by the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
amended, and the federal drug abuse control laws, as defined in
section 3719.01 of the Revised Code, that is or contains any
amount of a schedule II depressant substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III or IV substance other than an
anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage
units, sixteen grams, or sixteen milliliters of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that indicates that it is
the amount or unit by which the controlled substance is separately
administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or
tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas,
fumes, or vapor of which when inhaled can induce intoxication,
excitement, giddiness, irrational behavior, depression,
stupefaction, paralysis, unconsciousness, asphyxiation, or other
harmful physiological effects, and includes, but is not limited
to, any of the following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to
prescribe drugs, or a drug of abuse, and that, at one time, had
been placed in a container plainly marked as a sample by a
manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the state
board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label bears, a
trademark, trade name, or other identifying mark used without
authorization of the owner of rights to that trademark, trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented
to be a controlled substance manufactured, processed, packed, or
distributed by a person other than the person that manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q) "School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education prescribes minimum standards under section
3301.07 of the Revised Code, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body of a nonpublic school for which the
state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and on which some of the
instruction, extracurricular activities, or training of the school
is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the parcel of real property at the time a criminal offense is
committed.
(S) "School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the Government
of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of
one or more local bar associations of the state of Ohio that
complies with the criteria set forth in Rule V, section 6 of the
Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of this
section and that qualifies a person as a professionally licensed
person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has registered
as a public accountant under Chapter 4701. of the Revised Code and
who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under
Chapter 4703. of the Revised Code or who holds a permit as a
landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the business
of a debt pooling company by a legislative authority, under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license,
hair designer's license, manicurist's license, esthetician's
license, natural hair stylist's license, managing cosmetologist's
license, managing hair designer's license, managing manicurist's
license, managing esthetician's license, managing natural hair
stylist's license, cosmetology instructor's license, hair design
instructor's license, manicurist instructor's license, esthetics
instructor's license, natural hair style instructor's license,
independent contractor's license, or tanning facility permit under
Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or who has been registered for an embalmer's or funeral
director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry or
to engage in optical dispensing under Chapter 4725. of the Revised
Code;
(13) A person licensed to act as a pawnbroker under Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to practice
medicine and surgery, osteopathic medicine and surgery, a limited
branch of medicine, or podiatry under Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational therapist
or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a professional clinical
counselor or professional counselor, licensed as a social worker
or independent social worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit
to practice respiratory therapy under Chapter 4761. of the Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer, or
derivative of ecgonine, or a salt of an isomer or derivative of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division (X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01
of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile"
if the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether
the offender knows the age of the juvenile, whether the offender
knows the offense is being committed within one hundred feet of or
within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in
division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with
the purposes and principles of sentencing under section 2929.11 of
the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and after July 1, 1996, that is a misdemeanor or a
felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code.
(GG)
"Crack cocaine" means a compound, mixture, preparation,
or substance that is or contains any amount of cocaine that is
analytically identified as the base form of cocaine or that is in
a form that resembles rocks or pebbles generally intended for
individual use.
(HH) "Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)(HH) "Public premises" means any hotel, restaurant,
tavern, store, arena, hall, or other place of public
accommodation, business, amusement, or resort.
(JJ)(II) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(KK)(JJ) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(LL)(KK) "Deception" and "theft offense" have the same
meanings as in section 2913.01 of the Revised Code.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719., 4715.,
4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule I or
schedule II, with the exception of marihuana, cocaine, L.S.D.,
heroin, and hashish, whoever violates division (A) of this section
is guilty of aggravated trafficking in drugs. The penalty for the
offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c),
(d), (e), or (f) of this section, aggravated trafficking in drugs
is a felony of the fourth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(1)(c), (d),
(e), or (f) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds the bulk amount but
is less than five times the bulk amount, aggravated trafficking in
drugs is a felony of the third degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for
a felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five times the bulk
amount but is less than fifty times the bulk amount, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the amount
of the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the first
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the first degree.
(e) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one hundred times the
bulk amount and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
aggravated trafficking in drugs is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, the offender is a major drug offender,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional prison term prescribed for a major drug
offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule III, IV,
or V, whoever violates division (A) of this section is guilty of
trafficking in drugs. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c),
(d), or (e) of this section, trafficking in drugs is a felony of
the fifth degree, and division (C) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), (d),
or (e) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in drugs is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds the bulk amount but
is less than five times the bulk amount, trafficking in drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in drugs
is a felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five times the bulk
amount but is less than fifty times the bulk amount, trafficking
in drugs is a felony of the third degree, and there is a
presumption for a prison term for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in drugs is a felony of the second degree,
and there is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty times the bulk
amount, trafficking in drugs is a felony of the second degree, and
the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(3) If the drug involved in the violation is marihuana or a
compound, mixture, preparation, or substance containing marihuana
other than hashish, whoever violates division (A) of this section
is guilty of trafficking in marihuana. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b), (c),
(d), (e), (f), or (g), or (h) of this section, trafficking in
marihuana is a felony of the fifth degree, and division (C)(B) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(3)(c), (d),
(e), (f), or (g), or (h) of this section, if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the fourth
degree, and division (C)(B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred grams
but is less than one thousand grams, trafficking in marihuana is a
felony of the fourth degree, and division (C)(B) of section
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one thousand grams
but is less than five thousand grams, trafficking in marihuana is
a felony of the third degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five thousand grams
but is less than twenty thousand grams, trafficking in marihuana
is a felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds twenty thousand
grams but is less than forty thousand grams, trafficking in
marihuana is a felony of the second degree, and the court shall
impose a mandatory prison term of five, six, seven, or eight
years. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of
the first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree.
(g) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds forty thousand
grams, trafficking in marihuana is a felony of the second degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds twenty forty
thousand grams and if the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the first degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree.
(g)(h) Except as otherwise provided in this division, if the
offense involves a gift of twenty grams or less of marihuana,
trafficking in marihuana is a minor misdemeanor upon a first
offense and a misdemeanor of the third degree upon a subsequent
offense. If the offense involves a gift of twenty grams or less of
marihuana and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in marihuana
is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a
compound, mixture, preparation, or substance containing cocaine,
whoever violates division (A) of this section is guilty of
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(4)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in cocaine is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five grams but is
less than ten grams of cocaine
that is not crack cocaine or equals
or exceeds one gram but is less than five grams of crack cocaine,
trafficking in cocaine is a felony of the fourth degree, and there
is a presumption for a prison term for the offense. If the amount
of the drug involved is within one of those ranges that range and
if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in cocaine is a felony of the
third degree, and there is a presumption for a prison term for the
offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten grams but is
less than
one hundred twenty grams of cocaine that is not crack
cocaine or equals or exceeds five grams but is less than ten grams
of crack cocaine, trafficking in cocaine is a felony of the third
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the third degree.
If the amount of the drug involved is within one of those ranges
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in cocaine is
a felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one hundred twenty
grams but is less than five hundred twenty-seven grams of cocaine
that is not crack cocaine or equals or exceeds ten grams but is
less than twenty-five grams of crack cocaine, trafficking in
cocaine is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the amount of the
drug involved is within
one of those ranges that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in cocaine is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(f) If the amount of the drug involved equals or exceeds
five
hundred twenty-seven grams but is less than one thousand
hundred
grams of cocaine
that is not crack cocaine or equals or exceeds
twenty-five grams but is less than one hundred grams of crack
cocaine and regardless of whether the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds one
thousand hundred grams of cocaine that is not crack cocaine or
equals or exceeds one hundred grams of crack cocaine and
regardless of whether the offense was committed in the vicinity of
a school or in the vicinity of a juvenile, trafficking in cocaine
is a felony of the first degree, the offender is a major drug
offender, and the court shall impose as a mandatory prison term
the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division (D)(3)(b) of
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a
compound, mixture, preparation, or substance containing L.S.D.,
whoever violates division (A) of this section is guilty of
trafficking in L.S.D. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten unit doses but
is less than fifty unit doses of L.S.D. in a solid form or equals
or exceeds one gram but is less than five grams of L.S.D. in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in L.S.D. is a felony of the fourth degree, and there
is a presumption for a prison term for the offense. If the amount
of the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty unit doses but
is less than two hundred fifty unit doses of L.S.D. in a solid
form or equals or exceeds five grams but is less than twenty-five
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in L.S.D. is a felony of the third
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the third degree.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the second
degree.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred fifty
unit doses but is less than one thousand unit doses of L.S.D. in a
solid form or equals or exceeds twenty-five grams but is less than
one hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in L.S.D. is a
felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for
a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds one
thousand unit doses but is less than five thousand unit doses of
L.S.D. in a solid form or equals or exceeds one hundred grams but
is less than five hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form and regardless of
whether the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in L.S.D. is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
first degree.
(g) If the amount of the drug involved equals or exceeds five
thousand unit doses of L.S.D. in a solid form or equals or exceeds
five hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in L.S.D. is a felony of the
first degree, the offender is a major drug offender, and the court
shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree and may impose an
additional mandatory prison term prescribed for a major drug
offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound, mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty of
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(6)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in heroin is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(6)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in heroin is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten unit doses but
is less than fifty unit doses or equals or exceeds one gram but is
less than five grams, trafficking in heroin is a felony of the
fourth degree, and there is a presumption for a prison term for
the offense. If the amount of the drug involved is within that
range and if the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty unit doses but
is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, trafficking in heroin is a
felony of the third degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the second degree, and there is a
presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one hundred unit
doses but is less than five hundred unit doses or equals or
exceeds ten grams but is less than fifty grams, trafficking in
heroin is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the amount of the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in heroin is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds five
hundred unit doses but is less than two thousand five hundred unit
doses or equals or exceeds fifty grams but is less than two
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in heroin is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds two
thousand five hundred unit doses or equals or exceeds two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in heroin is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code.
(7) If the drug involved in the violation is hashish or a
compound, mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty of
trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(7)(b), (c),
(d), (e), or (f), or (g) of this section, trafficking in hashish
is a felony of the fifth degree, and division
(C)(B) of section
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), (d),
(e), or (f), or (g) of this section, if the offense was committed
in the vicinity of a school or in the vicinity of a juvenile,
trafficking in hashish is a felony of the fourth degree, and
division (C)(B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten grams but is
less than fifty grams of hashish in a solid form or equals or
exceeds two grams but is less than ten grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth degree, and
division (C)(B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the
third degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty grams but is
less than two hundred fifty grams of hashish in a solid form or
equals or exceeds ten grams but is less than fifty grams of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a felony of the third
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, trafficking in hashish is a felony of
the second degree, and there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred fifty
grams but is less than one thousand grams of hashish in a solid
form or equals or exceeds fifty grams but is less than two hundred
grams of hashish in a liquid concentrate, liquid extract, or
liquid distillate form, trafficking in hashish is a felony of the
third degree, and there is a presumption that a prison term shall
be imposed for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
hashish is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one thousand grams
but is less than two thousand grams of hashish in a solid form or
equals or exceeds two hundred grams but is less than four hundred
grams of hashish in a liquid concentrate, liquid extract, or
liquid distillate form trafficking in hashish is a felony of the
second degree, and the court shall impose a mandatory prison term
of five, six, seven, or eight years. If the amount of the drug
involved is within that range and if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in hashish is a felony of the first degree, and the
court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the first degree.
(g) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two thousand grams
of hashish in a solid form or equals or exceeds four hundred grams
of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the second degree.
If the amount of the drug involved
is within that range
equals or
exceeds two thousand grams of hashish in a solid form or equals or
exceeds four hundred grams of hashish in a liquid concentrate,
liquid extract, or liquid distillate form and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in hashish is a felony of the first degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree.
(D) In addition to any prison term authorized or required by
division (C) of this section and sections 2929.13 and 2929.14 of
the Revised Code, and in addition to any other sanction imposed
for the offense under this section or sections 2929.11 to 2929.18
of the Revised Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division (A) of
this section shall do all of the following that are applicable
regarding the offender:
(1) If the violation of division (A) of this section is a
felony of the first, second, or third degree, the court shall
impose upon the offender the mandatory fine specified for the
offense under division (B)(1) of section 2929.18 of the Revised
Code unless, as specified in that division, the court determines
that the offender is indigent. Except as otherwise provided in
division (H)(1) of this section, a mandatory fine or any other
fine imposed for a violation of this section is subject to
division (F) of this section. If a person is charged with a
violation of this section that is a felony of the first, second,
or third degree, posts bail, and forfeits the bail, the clerk of
the court shall pay the forfeited bail pursuant to divisions
(D)(1) and (F) of this section, as if the forfeited bail was a
fine imposed for a violation of this section. If any amount of the
forfeited bail remains after that payment and if a fine is imposed
under division (H)(1) of this section, the clerk of the court
shall pay the remaining amount of the forfeited bail pursuant to
divisions (H)(2) and (3) of this section, as if that remaining
amount was a fine imposed under division (H)(1) of this section.
(2) The court shall suspend the driver's or commercial
driver's license or permit of the offender in accordance with
division (G) of this section.
(3) If the offender is a professionally licensed person, the
court immediately shall comply with section 2925.38 of the Revised
Code.
(E) When a person is charged with the sale of or offer to
sell a bulk amount or a multiple of a bulk amount of a controlled
substance, the jury, or the court trying the accused, shall
determine the amount of the controlled substance involved at the
time of the offense and, if a guilty verdict is returned, shall
return the findings as part of the verdict. In any such case, it
is unnecessary to find and return the exact amount of the
controlled substance involved, and it is sufficient if the finding
and return is to the effect that the amount of the controlled
substance involved is the requisite amount, or that the amount of
the controlled substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this section, the clerk of the court shall pay any mandatory
fine imposed pursuant to division (D)(1) of this section and any
fine other than a mandatory fine that is imposed for a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the county, township, municipal
corporation, park district, as created pursuant to section 511.18
or 1545.04 of the Revised Code, or state law enforcement agencies
in this state that primarily were responsible for or involved in
making the arrest of, and in prosecuting, the offender. However,
the clerk shall not pay a mandatory fine so imposed to a law
enforcement agency unless the agency has adopted a written
internal control policy under division (F)(2) of this section that
addresses the use of the fine moneys that it receives. Each agency
shall use the mandatory fines so paid to subsidize the agency's
law enforcement efforts that pertain to drug offenses, in
accordance with the written internal control policy adopted by the
recipient agency under division (F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B) of section 2925.42 of the
Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of those
fine moneys, the general types of expenditures made out of those
fine moneys, and the specific amount of each general type of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type of
expenditure by an agency are public records open for inspection
under section 149.43 of the Revised Code. Additionally, a written
internal control policy adopted under this division is such a
public record, and the agency that adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any calendar
year any fine moneys under division (F)(1) of this section or
division (B) of section 2925.42 of the Revised Code shall prepare
a report covering the calendar year that cumulates all of the
information contained in all of the public financial records kept
by the agency pursuant to division (F)(2)(a) of this section for
that calendar year, and shall send a copy of the cumulative
report, no later than the first day of March in the calendar year
following the calendar year covered by the report, to the attorney
general. Each report received by the attorney general is a public
record open for inspection under section 149.43 of the Revised
Code. Not later than the fifteenth day of April in the calendar
year in which the reports are received, the attorney general shall
send to the president of the senate and the speaker of the house
of representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from law
enforcement agencies reports of the type described in this
division that cover the previous calendar year and indicates that
the reports were received under this division;
(ii) Indicates that the reports are open for inspection under
section 149.43 of the Revised Code;
(iii) Indicates that the attorney general will provide a copy
of any or all of the reports to the president of the senate or the
speaker of the house of representatives upon request.
(3) As used in division (F) of this section:
(a) "Law enforcement agencies" includes, but is not limited
to, the state board of pharmacy and the office of a prosecutor.
(b) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(G) When required under division (D)(2) of this section or
any other provision of this chapter, the court shall suspend for
not less than six months or more than five years the driver's or
commercial driver's license or permit of any person who is
convicted of or pleads guilty to any violation of this section or
any other specified provision of this chapter. If an offender's
driver's or commercial driver's license or permit is suspended
pursuant to this division, the offender, at any time after the
expiration of two years from the day on which the offender's
sentence was imposed or from the day on which the offender finally
was released from a prison term under the sentence, whichever is
later, may file a motion with the sentencing court requesting
termination of the suspension; upon the filing of such a motion
and the court's finding of good cause for the termination, the
court may terminate the suspension.
(H)(1) In addition to any prison term authorized or required
by division (C) of this section and sections 2929.13 and 2929.14
of the Revised Code, in addition to any other penalty or sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, and in addition to the forfeiture of
property in connection with the offense as prescribed in Chapter
2981. of the Revised Code, the court that sentences an offender
who is convicted of or pleads guilty to a violation of division
(A) of this section may impose upon the offender an additional
fine specified for the offense in division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under division (H)(1)
of this section is not subject to division (F) of this section and
shall be used solely for the support of one or more eligible
alcohol and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division (H)(1) of
this section shall specify in the judgment that imposes the fine
one or more eligible alcohol and drug addiction programs for the
support of which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected in
satisfaction of a fine imposed under division (H)(1) of this
section unless the program is specified in the judgment that
imposes the fine. No alcohol and drug addiction program shall be
specified in the judgment unless the program is an eligible
alcohol and drug addiction program and, except as otherwise
provided in division (H)(2) of this section, unless the program is
located in the county in which the court that imposes the fine is
located or in a county that is immediately contiguous to the
county in which that court is located. If no eligible alcohol and
drug addiction program is located in any of those counties, the
judgment may specify an eligible alcohol and drug addiction
program that is located anywhere within this state.
(3) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay any fine
imposed under division (H)(1) of this section to the eligible
alcohol and drug addiction program specified pursuant to division
(H)(2) of this section in the judgment. The eligible alcohol and
drug addiction program that receives the fine moneys shall use the
moneys only for the alcohol and drug addiction services identified
in the application for certification under section 3793.06 of the
Revised Code or in the application for a license under section
3793.11 of the Revised Code filed with the department of alcohol
and drug addiction services by the alcohol and drug addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives in
a calendar year any fine moneys under division (H)(3) of this
section shall file an annual report covering that calendar year
with the court of common pleas and the board of county
commissioners of the county in which the program is located, with
the court of common pleas and the board of county commissioners of
each county from which the program received the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction program shall file the report no later than the first
day of March in the calendar year following the calendar year in
which the program received the fine moneys. The report shall
include statistics on the number of persons served by the alcohol
and drug addiction program, identify the types of alcohol and drug
addiction services provided to those persons, and include a
specific accounting of the purposes for which the fine moneys
received were used. No information contained in the report shall
identify, or enable a person to determine the identity of, any
person served by the alcohol and drug addiction program. Each
report received by a court of common pleas, a board of county
commissioners, or the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction program" and "alcohol and
drug addiction services" have the same meanings as in section
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an
alcohol and drug addiction program that is certified under section
3793.06 of the Revised Code or licensed under section 3793.11 of
the Revised Code by the department of alcohol and drug addiction
services.
(I) As used in this section, "drug" includes any substance
that is represented to be a drug.
Sec. 2925.05. (A) No person shall knowingly provide money or
other items of value to another person with the purpose that the
recipient of the money or items of value use them to obtain any
controlled substance for the purpose of violating section 2925.04
of the Revised Code or for the purpose of selling or offering to
sell the controlled substance in the following amount:
(1) If the drug to be sold or offered for sale is any
compound, mixture, preparation, or substance included in schedule
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,
and hashish, or schedule III, IV, or V, an amount of the drug that
equals or exceeds the bulk amount of the drug;
(2) If the drug to be sold or offered for sale is marihuana
or a compound, mixture, preparation, or substance other than
hashish containing marihuana, an amount of the marihuana that
equals or exceeds two hundred grams;
(3) If the drug to be sold or offered for sale is cocaine or
a compound, mixture, preparation, or substance containing cocaine,
an amount of the cocaine that equals or exceeds five grams if the
cocaine is not crack cocaine or equals or exceeds one gram if the
cocaine is crack cocaine;
(4) If the drug to be sold or offered for sale is L.S.D. or a
compound, mixture, preparation, or substance containing L.S.D., an
amount of the L.S.D. that equals or exceeds ten unit doses if the
L.S.D. is in a solid form or equals or exceeds one gram if the
L.S.D. is in a liquid concentrate, liquid extract, or liquid
distillate form;
(5) If the drug to be sold or offered for sale is heroin or a
compound, mixture, preparation, or substance containing heroin, an
amount of the heroin that equals or exceeds ten unit doses or
equals or exceeds one gram;
(6) If the drug to be sold or offered for sale is hashish or
a compound, mixture, preparation, or substance containing hashish,
an amount of the hashish that equals or exceeds ten grams if the
hashish is in a solid form or equals or exceeds two grams if the
hashish is in a liquid concentrate, liquid extract, or liquid
distillate form.
(B) This section does not apply to any person listed in
division (B)(1), (2), or (3) of section 2925.03 of the Revised
Code to the extent and under the circumstances described in those
divisions.
(C)(1) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, whoever violates division (A) of
this section is guilty of aggravated funding of drug trafficking,
a felony of the first degree, and, subject to division (E) of this
section, the court shall impose as a mandatory prison term one of
the prison terms prescribed for a felony of the first degree.
(2) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule III, IV,
or V, whoever violates division (A) of this section is guilty of
funding of drug trafficking, a felony of the second degree, and
the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(3) If the drug involved in the violation is marihuana,
whoever violates division (A) of this section is guilty of funding
of marihuana trafficking, a felony of the third degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the third degree.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender
who is convicted of or pleads guilty to a violation of division
(A) of this section shall do all of the following that are
applicable regarding the offender:
(1) The court shall impose the mandatory fine specified for
the offense under division (B)(1) of section 2929.18 of the
Revised Code unless, as specified in that division, the court
determines that the offender is indigent. The clerk of the court
shall pay a mandatory fine or other fine imposed for a violation
of this section pursuant to division (A) of section 2929.18 of the
Revised Code in accordance with and subject to the requirements of
division (F) of section 2925.03 of the Revised Code. The agency
that receives the fine shall use the fine in accordance with
division (F) of section 2925.03 of the Revised Code. If a person
is charged with a violation of this section, posts bail, and
forfeits the bail, the forfeited bail shall be paid as if the
forfeited bail were a fine imposed for a violation of this
section.
(2) The court shall suspend the offender's driver's or
commercial driver's license or permit in accordance with division
(G) of section 2925.03 of the Revised Code. If an offender's
driver's or commercial driver's license or permit is suspended in
accordance with that division, the offender may request
termination of, and the court may terminate, the suspension in
accordance with that division.
(3) If the offender is a professionally licensed person, the
court immediately shall comply with section 2925.38 of the Revised
Code.
(E) Notwithstanding the prison term otherwise authorized or
required for the offense under division (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code, if the violation
of division (A) of this section involves the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and if the court imposing sentence upon
the offender finds that the offender as a result of the violation
is a major drug offender and is guilty of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison term
specified in division (D)(3)(a) of section 2929.14 of the Revised
Code and may impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.11. (A) No person shall knowingly obtain, possess,
or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct was in accordance with Chapters 3719.,
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant
to a lawful prescription issued by a licensed health professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, cocaine, L.S.D., heroin, and
hashish, whoever violates division (A) of this section is guilty
of aggravated possession of drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c),
(d), or (e) of this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the
bulk amount but is less than five times the bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds five
times the bulk amount but is less than fifty times the bulk
amount, aggravated possession of drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one hundred times the
bulk amount, aggravated possession of drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred times the bulk amount, aggravated possession of drugs is a
felony of the first degree, the offender is a major drug offender,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule III, IV,
or V, whoever violates division (A) of this section is guilty of
possession of drugs. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c),
or (d) of this section, possession of drugs is a misdemeanor of
the first degree or, if the offender previously has been convicted
of a drug abuse offense, a felony of the fifth degree.
(b) If the amount of the drug involved equals or exceeds the
bulk amount but is less than five times the bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds five
times the bulk amount but is less than fifty times the bulk
amount, possession of drugs is a felony of the third degree, and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender as
a mandatory prison term one of the prison terms prescribed for a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound, mixture, preparation, or substance containing marihuana
other than hashish, whoever violates division (A) of this section
is guilty of possession of marihuana. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b), (c),
(d), (e), or (f), or (g) of this section, possession of marihuana
is a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds one
hundred grams but is less than two hundred grams, possession of
marihuana is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved equals or exceeds two
hundred grams but is less than one thousand grams, possession of
marihuana is a felony of the fifth degree, and division (B) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds one
thousand grams but is less than five thousand grams, possession of
marihuana is a felony of the third degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds five
thousand grams but is less than twenty thousand grams, possession
of marihuana is a felony of the third degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams but is less than forty thousand grams,
possession of marihuana is a felony of the second degree, and the
court shall impose a mandatory prison term of five, six, seven, or
eight years.
(g) If the amount of the drug involved equals or exceeds
forty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the second
degree.
(4) If the drug involved in the violation is cocaine or a
compound, mixture, preparation, or substance containing cocaine,
whoever violates division (A) of this section is guilty of
possession of cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c),
(d), (e), or (f) of this section, possession of cocaine is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds five
grams but is less than twenty-five ten grams of cocaine that is
not crack cocaine or equals or exceeds one gram but is less than
five grams of crack cocaine, possession of cocaine is a felony of
the fourth degree, and there is a presumption for a prison term
for the offense division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(c) If the amount of the drug involved equals or exceeds
twenty-five ten grams but is less than one hundred
twenty grams of
cocaine
that is not crack cocaine or equals or exceeds five grams
but is less than ten grams of crack cocaine, possession of cocaine
is a felony of the third degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred twenty grams but is less than five hundred
twenty-seven
grams of cocaine that is not crack cocaine or equals or exceeds
ten grams but is less than twenty-five grams of crack cocaine,
possession of cocaine is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five
hundred twenty-seven grams but is less than one thousand
hundred
grams of cocaine
that is not crack cocaine or equals or exceeds
twenty-five grams but is less than one hundred grams of crack
cocaine, possession of cocaine is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds one
thousand hundred grams of cocaine that is not crack cocaine or
equals or exceeds one hundred grams of crack cocaine, possession
of cocaine is a felony of the first degree, the offender is a
major drug offender, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of the
first degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division (D)(3)(b) of
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D., whoever
violates division (A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses but is less than fifty unit doses of L.S.D. in a solid
form or equals or exceeds one gram but is less than five grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, possession of L.S.D. is a felony of the fourth
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.
(c) If the amount of L.S.D. involved equals or exceeds fifty
unit doses, but is less than two hundred fifty unit doses of
L.S.D. in a solid form or equals or exceeds five grams but is less
than twenty-five grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, possession of L.S.D. is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) If the amount of L.S.D. involved equals or exceeds two
hundred fifty unit doses but is less than one thousand unit doses
of L.S.D. in a solid form or equals or exceeds twenty-five grams
but is less than one hundred grams of L.S.D. in a liquid
concentrate, liquid extract, or liquid distillate form, possession
of L.S.D. is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree.
(e) If the amount of L.S.D. involved equals or exceeds one
thousand unit doses but is less than five thousand unit doses of
L.S.D. in a solid form or equals or exceeds one hundred grams but
is less than five hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form, possession of L.S.D. is
a felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f) If the amount of L.S.D. involved equals or exceeds five
thousand unit doses of L.S.D. in a solid form or equals or exceeds
five hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug offender,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound, mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(6)(b), (c),
(d), (e), or (f) of this section, possession of heroin is a felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession of heroin is a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses but is less than one hundred unit doses or equals
or exceeds five grams but is less than ten grams, possession of
heroin is a felony of the third degree, and there is a presumption
for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit doses but is less than five hundred unit doses or
equals or exceeds ten grams but is less than fifty grams,
possession of heroin is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(e) If the amount of the drug involved equals or exceeds five
hundred unit doses but is less than two thousand five hundred unit
doses or equals or exceeds fifty grams but is less than two
hundred fifty grams, possession of heroin is a felony of the first
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five hundred unit doses or equals or exceeds two hundred
fifty grams, possession of heroin is a felony of the first degree,
the offender is a major drug offender, and the court shall impose
as a mandatory prison term the maximum prison term prescribed for
a felony of the first degree and may impose an additional
mandatory prison term prescribed for a major drug offender under
division (D)(3)(b) of section 2929.14 of the Revised Code.
(7) If the drug involved in the violation is hashish or a
compound, mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(7)(b), (c),
(d), (e), or (f), or (g) of this section, possession of hashish is
a minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds five
grams but is less than ten grams of hashish in a solid form or
equals or exceeds one gram but is less than two grams of hashish
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of hashish is a misdemeanor of the fourth degree.
(c) If the amount of the drug involved equals or exceeds ten
grams but is less than fifty grams of hashish in a solid form or
equals or exceeds two grams but is less than ten grams of hashish
in a liquid concentrate, liquid extract, or liquid distillate
form, possession of hashish is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
fifty grams but is less than two hundred fifty grams of hashish in
a solid form or equals or exceeds ten grams but is less than fifty
grams of hashish in a liquid concentrate, liquid extract, or
liquid distillate form, possession of hashish is a felony of the
third degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(e) If the amount of the drug involved equals or exceeds two
hundred fifty grams but is less than one thousand grams of hashish
in a solid form or equals or exceeds fifty grams but is less than
two hundred grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, possession of hashish is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds one
thousand grams but is less than two thousand grams of hashish in a
solid form or equals or exceeds two hundred grams but is less than
four hundred grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, possession of hashish is a
felony of the second degree, and the court shall impose a
mandatory prison term of five, six, seven, or eight years.
(g) If the amount of the drug involved equals or exceeds two
thousand grams of hashish in a solid form or equals or exceeds
four hundred grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, possession of hashish is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree.
(D) Arrest or conviction for a minor misdemeanor violation of
this section does not constitute a criminal record and need not be
reported by the person so arrested or convicted in response to any
inquiries about the person's criminal record, including any
inquiries contained in any application for employment, license, or
other right or privilege, or made in connection with the person's
appearance as a witness.
(E) In addition to any prison term or jail term authorized or
required by division (C) of this section and sections 2929.13,
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in
addition to any other sanction that is imposed for the offense
under this section, sections 2929.11 to 2929.18, or sections
2929.21 to 2929.28 of the Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation of
division (A) of this section shall do all of the following that
are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, or
third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay a mandatory
fine or other fine imposed for a violation of this section
pursuant to division (A) of section 2929.18 of the Revised Code in
accordance with and subject to the requirements of division (F) of
section 2925.03 of the Revised Code. The agency that receives the
fine shall use the fine as specified in division (F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk shall pay the forfeited
bail pursuant to division (E)(1)(b) of this section as if it were
a mandatory fine imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five years the offender's driver's or commercial
driver's license or permit.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed for a violation of this
section, the court immediately shall comply with section 2925.38
of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave rise to the charge is in an amount, is in a form, is
prepared, compounded, or mixed with substances that are not
controlled substances in a manner, or is possessed under any other
circumstances, that indicate that the substance was possessed
solely for personal use. Notwithstanding any contrary provision of
this section, if, in accordance with section 2901.05 of the
Revised Code, an accused who is charged with a fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section sustains the burden of going forward with evidence of and
establishes by a preponderance of the evidence the affirmative
defense described in this division, the accused may be prosecuted
for and may plead guilty to or be convicted of a misdemeanor
violation of division (C)(2) of this section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount or
multiple of a bulk amount, division (E) of section 2925.03 of the
Revised Code applies regarding the determination of the amount of
the controlled substance involved at the time of the offense.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of crack cocaine; at least one thousand
grams of cocaine that is not crack cocaine; at least two thousand
five hundred unit doses or two hundred fifty grams of heroin; at
least five thousand unit doses of L.S.D. or five hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form; or at least one hundred times the amount of any
other schedule I or II controlled substance other than marihuana
that is necessary to commit a felony of the third degree pursuant
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised
Code that is based on the possession of, sale of, or offer to sell
the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (D) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.143, 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, to compel a victim or victims to engage in sexual
activity for hire, to engage in a performance that is obscene,
sexually oriented, or nudity oriented, or to be a model or
participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan and are not isolated instances.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 2929.11. (A) A court that sentences an offender for a
felony shall be guided by the overriding purposes of felony
sentencing. The overriding purposes of felony sentencing are to
protect the public from future crime by the offender and others
and to punish the offender. To achieve those purposes, the
sentencing court shall consider the need for incapacitating the
offender, deterring the offender and others from future crime,
rehabilitating the offender, and making restitution to the victim
of the offense, the public, or both.
(B) A sentence imposed for a felony shall be reasonably
calculated to achieve the two overriding purposes of felony
sentencing set forth in division (A) of this section, commensurate
with and not demeaning to the seriousness of the offender's
conduct and its impact upon the victim, and consistent with
sentences imposed for similar crimes committed by similar
offenders. A sentence imposed for a felony shall not impose an
unnecessary burden on state or local government resources.
(C) A court that imposes a sentence upon an offender for a
felony shall not base the sentence upon the race, ethnic
background, gender, or religion of the offender.
Sec. 2929.13. (A) Except as provided in division (E), (F),
or (G) of this section and unless a specific sanction is required
to be imposed or is precluded from being imposed pursuant to law,
a court that imposes a sentence upon an offender for a felony may
impose any sanction or combination of sanctions on the offender
that are provided in sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary burden on state
or local government resources.
If the offender is eligible to be sentenced to community
control sanctions, the court shall consider the appropriateness of
imposing a financial sanction pursuant to section 2929.18 of the
Revised Code or a sanction of community service pursuant to
section 2929.17 of the Revised Code as the sole sanction for the
offense. Except as otherwise provided in this division, if the
court is required to impose a mandatory prison term for the
offense for which sentence is being imposed, the court also shall
impose any financial sanction pursuant to section 2929.18 of the
Revised Code that is required for the offense and may impose any
other financial sanction pursuant to that section but may not
impose any additional sanction or combination of sanctions under
section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in addition
to the mandatory term of local incarceration or the mandatory
prison term required for the offense by division (G)(1) or (2) of
this section, the court shall impose upon the offender a mandatory
fine in accordance with division (B)(3) of section 2929.18 of the
Revised Code and may impose whichever of the following is
applicable:
(1) For a fourth degree felony OVI offense for which sentence
is imposed under division (G)(1) of this section, an additional
community control sanction or combination of community control
sanctions under section 2929.16 or 2929.17 of the Revised Code. If
the court imposes upon the offender a community control sanction
and the offender violates any condition of the community control
sanction, the court may take any action prescribed in division (B)
of section 2929.15 of the Revised Code relative to the offender,
including imposing a prison term on the offender pursuant to that
division.
(2) For a third or fourth degree felony OVI offense for which
sentence is imposed under division (G)(2) of this section, an
additional prison term as described in division (D)(4) of section
2929.14 of the Revised Code or a community control sanction as
described in division (G)(2) of this section.
(B)(1) Except as provided in division (B)(2), (E), (F), or
(G) of this section, in sentencing an offender for a felony of the
fourth or fifth degree, the sentencing court shall determine
whether any of the following apply:
(a) In committing the offense, the offender caused physical
harm to a person.
(b) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(c) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person, and
the offender previously was convicted of an offense that caused
physical harm to a person.
(d) The offender held a public office or position of trust
and the offense related to that office or position; the offender's
position obliged the offender to prevent the offense or to bring
those committing it to justice; or the offender's professional
reputation or position facilitated the offense or was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part of
an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth
degree felony violation of section 2907.03, 2907.04, 2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control sanction, while on probation, or while released
from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of
a firearm.
(2)(a) If the court makes a finding described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this
section and if the court, after considering the factors set forth
in section 2929.12 of the Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the
offender is not amenable to an available community control
sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the court does not make a finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of
this section and if the court, after considering the factors set
forth in section 2929.12 of the Revised Code, finds that a
community control sanction or combination of community control
sanctions is consistent with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code, the
court shall impose a community control sanction or combination of
community control sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of
this section, in determining whether to impose a prison term as a
sanction for a felony of the third degree or a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to this division for
purposes of sentencing, the sentencing court shall comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this
section, for a felony of the first or second degree, for a felony
drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed that a prison
term is necessary in order to comply with the purposes and
principles of sentencing under section 2929.11 of the Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court may
impose a community control sanction or a combination of community
control sanctions instead of a prison term on an offender for a
felony of the first or second degree or for a felony drug offense
that is a violation of any provision of Chapter 2925., 3719., or
4729. of the Revised Code for which a presumption in favor of a
prison term is specified as being applicable if it makes both of
the following findings:
(a) A community control sanction or a combination of
community control sanctions would adequately punish the offender
and protect the public from future crime, because the applicable
factors under section 2929.12 of the Revised Code indicating a
lesser likelihood of recidivism outweigh the applicable factors
under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control sanctions would not demean the seriousness of
the offense, because one or more factors under section 2929.12 of
the Revised Code that indicate that the offender's conduct was
less serious than conduct normally constituting the offense are
applicable, and they outweigh the applicable factors under that
section that indicate that the offender's conduct was more serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section,
for any drug offense that is a violation of any provision of
Chapter 2925. of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a presumption
under division (D) of this section in favor of a prison term or of
division (B) or (C) of this section in determining whether to
impose a prison term for the offense shall be determined as
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the
Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony violates the conditions of a community control sanction
imposed for the offense solely by reason of producing positive
results on a drug test, the court, as punishment for the violation
of the sanction, shall not order that the offender be imprisoned
unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to participate in a drug treatment program, in a drug
education program, or in narcotics anonymous or a similar program,
and the offender continued to use illegal drugs after a reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse
offense that is a felony of the third, fourth, or fifth degree may
require that the offender be assessed by a properly credentialed
professional within a specified period of time. The court shall
require the professional to file a written assessment of the
offender with the court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may impose a community control sanction that
includes treatment and recovery support services authorized by
section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as a community control
sanction, the court shall direct the level and type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to (E) of this section, the
court shall impose a prison term or terms under sections 2929.02
to 2929.06, section 2929.14, section 2929.142, or section 2971.03
of the Revised Code and except as specifically provided in section
2929.20, division (C) of section 2967.19, or section 2967.191 of
the Revised Code or when parole is authorized for the offense
under section 2967.13 of the Revised Code shall not reduce the
term or terms pursuant to section 2929.20, section 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had the offender completed the rape that was attempted, the
offender would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than thirteen years of age and if any of the following
applies:
(a) Regarding gross sexual imposition, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, gross sexual imposition,
or sexual battery, and the victim of the previous offense was less
than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the
section requires the imposition of a prison term;
(5) A first, second, or third degree felony drug offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is applicable regarding the
violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and
that is not set forth in division (F)(1), (2), (3), or (4) of this
section, if the offender previously was convicted of or pleaded
guilty to aggravated murder, murder, any first or second degree
felony, or an offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a
violation of section 2903.04 of the Revised Code or an attempt to
commit a felony of the second degree that is an offense of
violence and involved an attempt to cause serious physical harm to
a person or that resulted in serious physical harm to a person if
the offender previously was convicted of or pleaded guilty to any
of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense listed in division (F)(7)(a) of this
section that resulted in the death of a person or in physical harm
to a person.
(8) Any offense, other than a violation of section 2923.12 of
the Revised Code, that is a felony, if the offender had a firearm
on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of section 2929.14
of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender
wore or carried body armor while committing the felony offense of
violence, with respect to the portion of the sentence imposed
pursuant to division (D)(1)(d) of section 2929.14 of the Revised
Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the
Revised Code when the most serious offense in the pattern of
corrupt activity that is the basis of the offense is a felony of
the first degree;
(11) Any violent sex offense or designated homicide, assault,
or kidnapping offense if, in relation to that offense, the
offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section 2921.36
of the Revised Code, or a violation of division (C) of that
section involving an item listed in division (A)(1) or (2) of that
section, if the offender is an officer or employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the victim of the offense is a peace
officer, as defined in section 2935.01 of the Revised Code, or an
investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
with respect to the portion of the sentence imposed pursuant to
division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the offender has been convicted of or
pleaded guilty to three or more violations of division (A) or (B)
of section 4511.19 of the Revised Code or an equivalent offense,
as defined in section 2941.1415 of the Revised Code, or three or
more violations of any combination of those divisions and
offenses, with respect to the portion of the sentence imposed
pursuant to division (D)(6) of section 2929.14 of the Revised
Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (D)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (D)(8) of section 2929.14 of the Revised
Code.
(G) Notwithstanding divisions (A) to (E) of this section, if
an offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, the court shall
impose upon the offender a mandatory term of local incarceration
or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree
felony OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a mandatory term of local incarceration
of sixty days or one hundred twenty days as specified in division
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall
not reduce the term pursuant to section 2929.20, 2967.193, or any
other provision of the Revised Code. The court that imposes a
mandatory term of local incarceration under this division shall
specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory
term of local incarceration imposed under division (G)(1) of this
section is not subject to any other Revised Code provision that
pertains to a prison term except as provided in division (A)(1) of
this section.
(2) If the offender is being sentenced for a third degree
felony OVI offense, or if the offender is being sentenced for a
fourth degree felony OVI offense and the court does not impose a
mandatory term of local incarceration under division (G)(1) of
this section, the court shall impose upon the offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory prison
term of sixty days or one hundred twenty days as specified in
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. The Subject to division
(C) of section 2967.19 of the Revised Code, the court shall not
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or
any other provision of the Revised Code. The offender shall serve
the one-, two-, three-, four-, or five-year mandatory prison term
consecutively to and prior to the prison term imposed for the
underlying offense and consecutively to any other mandatory prison
term imposed in relation to the offense. In no case shall an
offender who once has been sentenced to a mandatory term of local
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OVI offense be sentenced to another mandatory
term of local incarceration under that division for any violation
of division (A) of section 4511.19 of the Revised Code. In
addition to the mandatory prison term described in division (G)(2)
of this section, the court may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve the prison term prior
to serving the community control sanction. The department of
rehabilitation and correction may place an offender sentenced to a
mandatory prison term under this division in an intensive program
prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of
its intent to place the offender in an intensive program prison
established under that section and if the judge did not notify the
department that the judge disapproved the placement. Upon the
establishment of the initial intensive program prison pursuant to
section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into
under section 9.06 of the Revised Code, both of the following
apply:
(a) The department of rehabilitation and correction shall
make a reasonable effort to ensure that a sufficient number of
offenders sentenced to a mandatory prison term under this division
are placed in the privately operated and managed prison so that
the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall
not place any offender sentenced to a mandatory prison term under
this division in any intensive program prison established pursuant
to section 5120.033 of the Revised Code other than the privately
operated and managed prison.
(H) If an offender is being sentenced for a sexually oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1, 1997, the judge shall require the
offender to submit to a DNA specimen collection procedure pursuant
to section 2901.07 of the Revised Code.
(I) If an offender is being sentenced for a sexually oriented
offense or a child-victim oriented offense committed on or after
January 1, 1997, the judge shall include in the sentence a summary
of the offender's duties imposed under sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code and the duration of the
duties. The judge shall inform the offender, at the time of
sentencing, of those duties and of their duration. If required
under division (A)(2) of section 2950.03 of the Revised Code, the
judge shall perform the duties specified in that section, or, if
required under division (A)(6) of section 2950.03 of the Revised
Code, the judge shall perform the duties specified in that
division.
(J)(1) Except as provided in division (J)(2) of this section,
when considering sentencing factors under this section in relation
to an offender who is convicted of or pleads guilty to an attempt
to commit an offense in violation of section 2923.02 of the
Revised Code, the sentencing court shall consider the factors
applicable to the felony category of the violation of section
2923.02 of the Revised Code instead of the factors applicable to
the felony category of the offense attempted.
(2) When considering sentencing factors under this section in
relation to an offender who is convicted of or pleads guilty to an
attempt to commit a drug abuse offense for which the penalty is
determined by the amount or number of unit doses of the controlled
substance involved in the drug abuse offense, the sentencing court
shall consider the factors applicable to the felony category that
the drug abuse offense attempted would be if that drug abuse
offense had been committed and had involved an amount or number of
unit doses of the controlled substance that is within the next
lower range of controlled substance amounts than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court may
require that the offender be monitored by means of a global
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the offender
is indigent, the cost of compliance shall be paid by the crime
victims reparations fund.
Sec. 2929.14. (A) Except as provided in division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),
(G), (I), (J), or (L), or (M) of this section or in division
(D)(6) of section 2919.25 of the Revised Code and except in
relation to an offense for which a sentence of death or life
imprisonment is to be imposed, if the court imposing a sentence
upon an offender for a felony elects or is required to impose a
prison term on the offender pursuant to this chapter, the court
shall impose a definite prison term that shall be one of the
following:
(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, or ten, or eleven
years.
(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall
be one, two, three, four, or five years nine, twelve, eighteen,
twenty-four, or thirty-six months.
(4) For a felony of the fourth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, or twelve months.
(B) Except as provided in division (C), (D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L), or
(M) of this section, in section 2907.02 , 2907.05, or 2919.25 of
the Revised Code, or in Chapter 2925. of the Revised Code, if the
court imposing a prison sentence upon an offender for a felony
elects or is required to impose a prison term on the offender, the
court who has not served, or is not serving, a prison term shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless one or more of
the following applies:
(1) The offender was serving a prison term at the time of the
offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison
term will demean the seriousness of the offender's conduct or will
not adequately protect the public from future crime by the
offender or others if the shortest term is consistent with the
purposes and principles of sentencing set forth in section 2929.11
of the Revised Code.
(C) Except as provided in division (D)(7), (D)(8), (G), or
(L), or (M) of this section, in section 2919.25 of the Revised
Code, or in Chapter 2925. of the Revised Code, the court imposing
a prison sentence upon an offender for a felony may shall impose
the longest prison term authorized for the offense pursuant to
division (A) of this section only upon offenders who committed the
worst forms of the offense, upon offenders who pose the greatest
likelihood of committing future crimes if the longest prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code or, upon certain
major drug offenders under division (D)(3) of this section, and
upon certain repeat violent offenders in accordance with division
(D)(2) of this section.
(D)(1)(a) Except as provided in division (D)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to a
felony also is convicted of or pleads guilty to a specification of
the type described in section 2941.141, 2941.144, or 2941.145 of
the Revised Code, the court shall impose on the offender one of
the following prison terms:
(i) A prison term of six years if the specification is of the
type described in section 2941.144 of the Revised Code that
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer on
or about the offender's person or under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification is of
the type described in section 2941.145 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in section 2941.141 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the felony.
(b) If a court imposes a prison term on an offender under
division (D)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2967.19, section 2929.20, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. Except as provided in division (D)(1)(g) of
this section, a court shall not impose more than one prison term
on an offender under division (D)(1)(a) of this section for
felonies committed as part of the same act or transaction.
(c) Except as provided in division (D)(1)(e) of this section,
if an offender who is convicted of or pleads guilty to a violation
of section 2923.161 of the Revised Code or to a felony that
includes, as an essential element, purposely or knowingly causing
or attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm from a motor vehicle other than a manufactured home, the
court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the other
felony offense under division (A), (D)(2), or (D)(3) of this
section, shall impose an additional prison term of five years upon
the offender that shall not be reduced pursuant to section
2929.20, section 2967.19, section 2967.193, or any other provision
of Chapter 2967. or Chapter 5120. of the Revised Code. A court
shall not impose more than one additional prison term on an
offender under division (D)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court
imposes an additional prison term on an offender under division
(D)(1)(c) of this section relative to an offense, the court also
shall impose a prison term under division (D)(1)(a) of this
section relative to the same offense, provided the criteria
specified in that division for imposing an additional prison term
are satisfied relative to the offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an
offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in section
2941.1411 of the Revised Code that charges the offender with
wearing or carrying body armor while committing the felony offense
of violence, the court shall impose on the offender a prison term
of two years. The prison term so imposed, subject to division (C)
of section 2967.19 of the Revised Code, shall not be reduced
pursuant to section 2929.20,
section 2967.19, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised Code. A court shall not impose more than one prison term
on an offender under division (D)(1)(d) of this section for
felonies committed as part of the same act or transaction. If a
court imposes an additional prison term under division (D)(1)(a)
or (c) of this section, the court is not precluded from imposing
an additional prison term under division (D)(1)(d) of this
section.
(e) The court shall not impose any of the prison terms
described in division (D)(1)(a) of this section or any of the
additional prison terms described in division (D)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (D)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122 that
involves a deadly weapon that is a firearm other than a dangerous
ordnance, section 2923.16, or section 2923.121 of the Revised
Code. The court shall not impose any of the prison terms described
in division (D)(1)(a) of this section or any of the additional
prison terms described in division (D)(1)(c) of this section upon
an offender for a violation of section 2923.13 of the Revised Code
unless all of the following apply:
(i) The offender previously has been convicted of aggravated
murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was
released from prison or post-release control, whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1412 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm at a peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a prison
term on the offender for the felony offense under division (A),
(D)(2), or (D)(3) of this section, shall impose an additional
prison term of seven years upon the offender that shall not be
reduced pursuant to section 2929.20, section 2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. If an offender is convicted of or pleads
guilty to two or more felonies that include, as an essential
element, causing or attempting to cause the death or physical harm
to another and also is convicted of or pleads guilty to a
specification of the type described under division (D)(1)(f) of
this section in connection with two or more of the felonies of
which the offender is convicted or to which the offender pleads
guilty, the sentencing court shall impose on the offender the
prison term specified under division (D)(1)(f) of this section for
each of two of the specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term
specified under that division for any or all of the remaining
specifications. If a court imposes an additional prison term on an
offender under division (D)(1)(f) of this section relative to an
offense, the court shall not impose a prison term under division
(D)(1)(a) or (c) of this section relative to the same offense.
(g) If an offender is convicted of or pleads guilty to two or
more felonies, if one or more of those felonies is are aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (D)(2)(b) of this section does not apply,
the court may impose on an offender, in addition to the longest
prison term authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are inadequate to punish
the offender and protect the public from future crime, because the
applicable factors under section 2929.12 of the Revised Code
indicating a greater likelihood of recidivism outweigh the
applicable factors under that section indicating a lesser
likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to
division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (CC)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, or section 2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under this section
consecutively to and prior to the prison term imposed for the
underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3)(a) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed for
the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender and
requires the imposition of a ten-year prison term on the offender,
if the offender commits a felony violation of section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,
4729.37, or 4729.61, division (C) or (D) of section 3719.172,
division (C) of section 4729.51, or division (J) of section
4729.54 of the Revised Code that includes the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and the court imposing sentence upon the
offender finds that the offender is guilty of a specification of
the type described in section 2941.1410 of the Revised Code
charging that the offender is a major drug offender, if the court
imposing sentence upon an offender for a felony finds that the
offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall impose upon the offender for the felony violation a
ten-year prison term that, subject to division (C) of section
2967.19 of the Revised Code, cannot be reduced pursuant to section
2929.20, section 2967.19, or any other provision of Chapter 2967.
or 5120. of the Revised Code.
(b) The court imposing a prison term on an offender under
division (D)(3)(a) of this section may impose an additional prison
term of one, two, three, four, five, six, seven, eight, nine, or
ten years, if the court, with respect to the term imposed under
division (D)(3)(a) of this section and, if applicable, divisions
(D)(1) and (2) of this section, makes both of the findings set
forth in divisions (D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of section 2929.13
of the Revised Code, the sentencing court shall impose upon the
offender a mandatory prison term in accordance with that division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the sentencing
court may sentence the offender to an additional prison term of
any duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one hundred twenty days imposed upon the offender
as the mandatory prison term. The total of the additional prison
term imposed under division (D)(4) of this section plus the sixty
or one hundred twenty days imposed as the mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of the authorized prison terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (D)(4) of
this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term, subject to
division (C) of section 2967.19 of the Revised Code, shall not be
reduced pursuant to section 2929.20, section 2967.19, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. A court shall not impose more than one prison
term on an offender under division (D)(5) of this section for
felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the court shall impose on the offender a
prison term of three years. If a court imposes a prison term on an
offender under division (D)(6) of this section, the prison term,
subject to division (C) of section 2967.19 of the Revised Code,
shall not be reduced pursuant to section 2929.20, section 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (D)(6) of this
section for felonies committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1422 of the Revised Code
that charges that the offender knowingly committed the offense in
furtherance of human trafficking, the court shall impose on the
offender a mandatory prison term that is one of the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised Code.
(b) The Subject to division (C) of section 2967.19 of the
Revised Code, the prison term imposed under division (D)(7)(a) of
this section shall not be reduced pursuant to section 2929.20,
section 2967.19, section 2967.193, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (D)(7)(a) of
this section for felonies committed as part of the same act,
scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this section for felonies of the same degree as
the violation, the court shall impose on the offender a mandatory
prison term that is either a definite prison term of six months or
one of the prison terms prescribed in section 2929.14 of the
Revised Code for felonies of the same degree as the violation.
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a
mandatory prison term is imposed upon an offender pursuant to
division (D)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control while
committing a felony, if a mandatory prison term is imposed upon an
offender pursuant to division (D)(1)(c) of this section for
committing a felony specified in that division by discharging a
firearm from a motor vehicle, or if both types of mandatory prison
terms are imposed, the offender shall serve any mandatory prison
term imposed under either division consecutively to any other
mandatory prison term imposed under either division or under
division (D)(1)(d) of this section, consecutively to and prior to
any prison term imposed for the underlying felony pursuant to
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (D)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or (D)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively to
any other mandatory prison term imposed under that division or
under any other provision of law and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code or division
(A)(1) or (2) of section 2921.34 of the Revised Code, if an
offender who is under detention at a detention facility commits a
felony violation of section 2923.131 of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other residential
detention facility or is under detention at a detention facility
commits another felony while the offender is an escapee in
violation of division (A)(1) or (2) of section 2921.34 of the
Revised Code, any prison term imposed upon the offender for one of
those violations shall be served by the offender consecutively to
the prison term or term of imprisonment the offender was serving
when the offender committed that offense and to any other prison
term previously or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division (B) of section 2921.331 of the Revised Code,
the offender shall serve that prison term consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for
convictions of multiple offenses, the court shall first consider
imposing the prison terms as concurrent sentences. The court may
require the offender to serve the prison terms consecutively only
if the court finds in language specific to the offender and the
offenses that the consecutive service is terms are necessary to
protect the public from future crime or to punish the offender and
that consecutive sentences are not disproportionate because they
are proportionate to the seriousness of the offender's conduct and
to the danger of future crime of the offender poses to the public,
and if the court also finds any of the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control for
a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (D)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (D)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (D)(5) of this section consecutively
to and prior to the mandatory prison term imposed pursuant to
division (D)(6) of this section and consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant to
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)
of this section, the term to be served is the aggregate of all of
the terms so imposed.
(F)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall include in
the sentence a requirement that the offender be subject to a
period of post-release control after the offender's release from
imprisonment, in accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(F)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from
imprisonment, in accordance with that division, if the parole
board determines that a period of post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(G) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, and either the court does
not impose a sentence of life without parole when authorized
pursuant to division (B) of section 2907.02 of the Revised Code,
or division (B) of section 2907.02 of the Revised Code provides
that the court shall not sentence the offender pursuant to section
2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after January 1, 2008, and division
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or
(E)(1)(d) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of imprisonment
under this section, sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of
the Revised Code applies regarding the person while the person is
confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in section
2941.142 of the Revised Code that charges the offender with having
committed the felony while participating in a criminal gang, the
court shall impose upon the offender an additional prison term of
one, two, or three years.
(J)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second, or
third degree that is an offense of violence also is convicted of
or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to and
prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(K) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of rehabilitation
and correction shall not place the offender in any program of
shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison,
and if the offender is subsequently placed in the recommended
program or prison, the department shall notify the court of the
placement and shall include with the notice a brief description of
the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in the
recommended program or prison, the department shall send a notice
to the court indicating why the offender was not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and determine if there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the proposed placement of the offender as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief description of the placement. The court
shall have ten days from receipt of the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
(M)(1) Except as provided in division (M)(2) of this section,
if an offender is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence, the
court shall sentence the offender to a community control sanction
if both of the following apply:
(a) The offender previously has not been convicted of or
pleaded guilty to a felony offense.
(b) The violation is the most serious charge before the
offender at the time of sentencing.
(2) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence if any
of the following apply:
(a) The offender committed the offense while having a firearm
on or about the offender's person or under the offender's control.
(b) The offender caused physical harm to another person while
committing the offense.
(c) The offender violated a term of the conditions of bond as
set by the court.
(3) A sentencing court may impose an additional penalty under
division (B) of section 2929.15 of the Revised Code upon an
offender sentenced to a community control sanction under division
(M)(1) of this section if the offender violates the conditions of
the community control sanction, violates a law, or leaves the
state without the permission of the court or the offender's
probation officer.
Sec. 2929.143. (A) When a court sentences an offender who is
convicted of a felony to a term of incarceration in a state
correctional institution, the court may recommend that the
offender serve a risk reduction sentence under section 5120.036 of
the Revised Code if the offense for which the offender is being
sentenced is not a sexually oriented offense, the court determines
that a risk reduction sentence is appropriate, and all of the
following apply:
(1) The prosecutor and the defense attorney agree that a risk
reduction sentence is appropriate.
(2) The offender agrees to cooperate with an assessment of
the offender's needs and risk of reoffending that the department
of rehabilitation and correction conducts under section 5120.036
of the Revised Code.
(3) The offender agrees to participate in any programming or
treatment that the department of rehabilitation and correction
orders to address any issues raised in the assessment described in
division (A)(2) of this section.
(B) An offender who is serving a risk reduction sentence is
not entitled to any earned credit under section 2967.193 of the
Revised Code.
Sec. 2929.15. (A)(1) If in sentencing an offender for a
felony the court is not required to impose a prison term, a
mandatory prison term, or a term of life imprisonment upon the
offender, the court may directly impose a sentence that consists
of one or more community control sanctions authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the
court is sentencing an offender for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised
Code, in addition to the mandatory term of local incarceration
imposed under that division and the mandatory fine required by
division (B)(3) of section 2929.18 of the Revised Code, the court
may impose upon the offender a community control sanction or
combination of community control sanctions in accordance with
sections 2929.16 and 2929.17 of the Revised Code. If the court is
sentencing an offender for a third or fourth degree felony OVI
offense under division (G)(2) of section 2929.13 of the Revised
Code, in addition to the mandatory prison term or mandatory prison
term and additional prison term imposed under that division, the
court also may impose upon the offender a community control
sanction or combination of community control sanctions under
section 2929.16 or 2929.17 of the Revised Code, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
The duration of all community control sanctions imposed upon
an offender under this division shall not exceed five years. If
the offender absconds or otherwise leaves the jurisdiction of the
court in which the offender resides without obtaining permission
from the court or the offender's probation officer to leave the
jurisdiction of the court, or if the offender is confined in any
institution for the commission of any offense while under a
community control sanction, the period of the community control
sanction ceases to run until the offender is brought before the
court for its further action. If the court sentences the offender
to one or more nonresidential sanctions under section 2929.17 of
the Revised Code, the court shall impose as a condition of the
nonresidential sanctions that, during the period of the sanctions,
the offender must abide by the law and must not leave the state
without the permission of the court or the offender's probation
officer. The court may impose any other conditions of release
under a community control sanction that the court considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit
to random drug testing as provided in division (D) of this section
to determine whether the offender ingested or was injected with a
drug of abuse and requiring that the results of the drug test
indicate that the offender did not ingest or was not injected with
a drug of abuse.
(2)(a) If a court sentences an offender to any community
control sanction or combination of community control sanctions
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, the court shall place the offender under the general
control and supervision of a department of probation in the county
that serves the court for purposes of reporting to the court a
violation of any condition of the sanctions, any condition of
release under a community control sanction imposed by the court, a
violation of law, or the departure of the offender from this state
without the permission of the court or the offender's probation
officer. Alternatively, if the offender resides in another county
and a county department of probation has been established in that
county or that county is served by a multicounty probation
department established under section 2301.27 of the Revised Code,
the court may request the court of common pleas of that county to
receive the offender into the general control and supervision of
that county or multicounty department of probation for purposes of
reporting to the court a violation of any condition of the
sanctions, any condition of release under a community control
sanction imposed by the court, a violation of law, or the
departure of the offender from this state without the permission
of the court or the offender's probation officer, subject to the
jurisdiction of the trial judge over and with respect to the
person of the offender, and to the rules governing that department
of probation.
If there is no department of probation in the county that
serves the court, the court shall place the offender, regardless
of the offender's county of residence, under the general control
and supervision of the adult parole authority for purposes of
reporting to the court a violation of any of the sanctions, any
condition of release under a community control sanction imposed by
the court, a violation of law, or the departure of the offender
from this state without the permission of the court or the
offender's probation officer.
(b) If the court imposing sentence upon an offender sentences
the offender to any community control sanction or combination of
community control sanctions authorized pursuant to section
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the
offender violates any condition of the sanctions, any condition of
release under a community control sanction imposed by the court,
violates any law, or departs the state without the permission of
the court or the offender's probation officer, the public or
private person or entity that operates or administers the sanction
or the program or activity that comprises the sanction shall
report the violation or departure directly to the sentencing
court, or shall report the violation or departure to the county or
multicounty department of probation with general control and
supervision over the offender under division (A)(2)(a) of this
section or the officer of that department who supervises the
offender, or, if there is no such department with general control
and supervision over the offender under that division, to the
adult parole authority. If the public or private person or entity
that operates or administers the sanction or the program or
activity that comprises the sanction reports the violation or
departure to the county or multicounty department of probation or
the adult parole authority, the department's or authority's
officers may treat the offender as if the offender were on
probation and in violation of the probation, and shall report the
violation of the condition of the sanction, any condition of
release under a community control sanction imposed by the court,
the violation of law, or the departure from the state without the
required permission to the sentencing court.
(3) If an offender who is eligible for community control
sanctions under this section admits to being drug addicted or the
court has reason to believe that the offender is drug addicted,
and if the offense for which the offender is being sentenced was
related to the addiction, the court may require that the offender
be assessed by a properly credentialed professional within a
specified period of time and shall require the professional to
file a written assessment of the offender with the court. If a
court imposes treatment and recovery support services as a
community control sanction, the court shall direct the level and
type of treatment and recovery support services after
consideration of the written assessment, if available at the time
of sentencing, and recommendations of the professional and other
treatment and recovery support services providers.
(4) If an assessment completed pursuant to division (A)(3) of
this section indicates that the offender is addicted to drugs or
alcohol, the court may include in any community control sanction
imposed for a violation of section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code a requirement that the offender
participate in a treatment and recovery support services program
certified under section 3793.06 of the Revised Code or offered by
another properly credentialed program provider.
(B)(1) If the conditions of a community control sanction are
violated or if the offender violates a law or leaves the state
without the permission of the court or the offender's probation
officer, the sentencing court may impose upon the violator one or
more of the following penalties:
(a) A longer time under the same sanction if the total time
under the sanctions does not exceed the five-year limit specified
in division (A) of this section;
(b) A more restrictive sanction under section 2929.16,
2929.17, or 2929.18 of the Revised Code;
(c) A prison term on the offender pursuant to section 2929.14
of the Revised Code.
(2) The prison term, if any, imposed upon a violator pursuant
to this division shall be within the range of prison terms
available for the offense for which the sanction that was violated
was imposed and shall not exceed the prison term specified in the
notice provided to the offender at the sentencing hearing pursuant
to division (B)(3) of section 2929.19 of the Revised Code. The
court may reduce the longer period of time that the offender is
required to spend under the longer sanction, the more restrictive
sanction, or a prison term imposed pursuant to this division by
the time the offender successfully spent under the sanction that
was initially imposed.
(C) If an offender, for a significant period of time,
fulfills the conditions of a sanction imposed pursuant to section
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary
manner, the court may reduce the period of time under the sanction
or impose a less restrictive sanction, but the court shall not
permit the offender to violate any law or permit the offender to
leave the state without the permission of the court or the
offender's probation officer.
(D)(1) If a court under division (A)(1) of this section
imposes a condition of release under a community control sanction
that requires the offender to submit to random drug testing, the
department of probation or the adult parole authority that has
general control and supervision of the offender under division
(A)(2)(a) of this section may cause the offender to submit to
random drug testing performed by a laboratory or entity that has
entered into a contract with any of the governmental entities or
officers authorized to enter into a contract with that laboratory
or entity under section 341.26, 753.33, or 5120.63 of the Revised
Code.
(2) If no laboratory or entity described in division (D)(1)
of this section has entered into a contract as specified in that
division, the department of probation or the adult parole
authority that has general control and supervision of the offender
under division (A)(2)(a) of this section shall cause the offender
to submit to random drug testing performed by a reputable public
laboratory to determine whether the individual who is the subject
of the drug test ingested or was injected with a drug of abuse.
(3) A laboratory or entity that has entered into a contract
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code
shall perform the random drug tests under division (D)(1) of this
section in accordance with the applicable standards that are
included in the terms of that contract. A public laboratory shall
perform the random drug tests under division (D)(2) of this
section in accordance with the standards set forth in the policies
and procedures established by the department of rehabilitation and
correction pursuant to section 5120.63 of the Revised Code. An
offender who is required under division (A)(1) of this section to
submit to random drug testing as a condition of release under a
community control sanction and whose test results indicate that
the offender ingested or was injected with a drug of abuse shall
pay the fee for the drug test if the department of probation or
the adult parole authority that has general control and
supervision of the offender requires payment of a fee. A
laboratory or entity that performs the random drug testing on an
offender under division (D)(1) or (2) of this section shall
transmit the results of the drug test to the appropriate
department of probation or the adult parole authority that has
general control and supervision of the offender under division
(A)(2)(a) of this section.
(E) The court may sentence a felony offender to a
community-based corrections program that is established pursuant
to section 5149.31 of the Revised Code if the offender meets any
of the following criteria:
(1) The offender is convicted of a felony of the first,
second, or third degree.
(2) The offender is convicted of a felony of the fourth or
fifth degree and is found to be a high risk, as assessed by the
single validated risk assessment tool described in section
5120.114 of the Revised Code.
(3) The offender's community control sanction or combination
of community control sanctions imposed under section 2929.16 or
2929.17 of the Revised Code has been revoked, and the offender is
found to be a medium or high risk, as assessed by the single
validated risk assessment tool described in section 5120.114 of
the Revised Code.
Sec. 2929.16. (A) Except as provided in this division, the
court imposing a sentence for a felony upon an offender who is not
required to serve a mandatory prison term may impose any community
residential sanction or combination of community residential
sanctions under this section. The court imposing a sentence for a
fourth degree felony OVI offense under division (G)(1) or (2) of
section 2929.13 of the Revised Code or for a third degree felony
OVI offense under division (G)(2) of that section may impose upon
the offender, in addition to the mandatory term of local
incarceration or mandatory prison term imposed under the
applicable division, a community residential sanction or
combination of community residential sanctions under this section,
and the offender shall serve or satisfy the sanction or
combination of sanctions after the offender has served the
mandatory term of local incarceration or mandatory prison term
required for the offense. Community residential sanctions include,
but are not limited to, the following:
(1) A term of up to six months at a community-based
correctional facility that serves the county; if the offender
satisfies any of the following criteria:
(a) The offender is convicted of a felony of the first or
second degree.
(b) The offender is convicted of a felony of the third degree
and is found to be a medium or high risk, as assessed by the
single validated risk assessment tool described in section
5120.114 of the Revised Code.
(c) The offender is convicted of a felony of the fourth or
fifth degree and is found to be a high risk, as assessed by the
single validated risk assessment tool described in section
5120.114 of the Revised Code.
(d) The offender's community control sanction or combination
of community control sanctions imposed under section 2929.16 or
2929.17 of the Revised Code have been revoked, and the offender is
found to be a medium or high risk, as assessed by the single
validated risk assessment tool described in section 5120.114 of
the Revised Code.
(2) Except as otherwise provided in division (A)(3) of this
section and subject to division (D) of this section, a term of up
to six months in a jail;
(3) If the offender is convicted of a fourth degree felony
OVI offense and is sentenced under division (G)(1) of section
2929.13 of the Revised Code, subject to division (D) of this
section, a term of up to one year in a jail less the mandatory
term of local incarceration of sixty or one hundred twenty
consecutive days of imprisonment imposed pursuant to that
division;
(4) A term in a halfway house;
(5) A term in an alternative residential facility.
(B) The court that assigns any offender convicted of a felony
to a residential sanction under this section may authorize the
offender to be released so that the offender may seek or maintain
employment, receive education or training, or receive treatment. A
release pursuant to this division shall be only for the duration
of time that is needed to fulfill the purpose of the release and
for travel that reasonably is necessary to fulfill the purposes of
the release.
(C) If the court assigns an offender to a county jail that is
not a minimum security misdemeanant jail in a county that has
established a county jail industry program pursuant to section
5147.30 of the Revised Code, the court shall specify, as part of
the sentence, whether the sheriff of that county may consider the
offender for participation in the county jail industry program.
During the offender's term in the county jail, the court shall
retain jurisdiction to modify its specification upon a
reassessment of the offender's qualifications for participation in
the program.
(D) If a court sentences an offender to a term in jail under
division (A)(2) or (3) of this section and if the sentence is
imposed for a felony of the fourth or fifth degree that is not an
offense of violence, the court may specify that it prefers that
the offender serve the term in a minimum security jail established
under section 341.34 or 753.21 of the Revised Code. If the court
includes a specification of that type in the sentence and if the
administrator of the appropriate minimum security jail or the
designee of that administrator classifies the offender in
accordance with section 341.34 or 753.21 of the Revised Code as a
minimal security risk, the offender shall serve the term in the
minimum security jail established under section 341.34 or 753.21
of the Revised Code. Absent a specification of that type and a
finding of that type, the offender shall serve the term in a jail
other than a minimum security jail established under section
341.34 or 753.21 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a community residential sanction as
described in division (A) of this section, at the time of
reception and at other times the person in charge of the operation
of the community-based correctional facility, jail, halfway house,
alternative residential facility, or other place at which the
offender will serve the residential sanction determines to be
appropriate, the person in charge of the operation of the
community-based correctional facility, jail, halfway house,
alternative residential facility, or other place may cause the
convicted offender to be examined and tested for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A, B,
and C, and other contagious diseases. The person in charge of the
operation of the community-based correctional facility, jail,
halfway house, alternative residential facility, or other place at
which the offender will serve the residential sanction may cause a
convicted offender in the community-based correctional facility,
jail, halfway house, alternative residential facility, or other
place who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A, B,
and C, or another contagious disease to be tested and treated
involuntarily.
Sec. 2929.20. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "eligible offender" means any person who, on or after
April 7, 2009, is serving a stated prison term of that includes
one or more nonmandatory prison terms that in the aggregate are
ten years or less when either of the following applies:
(i) The stated prison term does not include a mandatory
prison term.
(ii) The stated prison term includes a mandatory prison term,
and the person has served the mandatory prison term.
(b) "Eligible offender" does not include any person who, on
or after April 7, 2009, is serving a stated prison term for any of
the following criminal offenses that was a felony and was
committed while the person held a public office in this state:
(i) A violation of section 2921.02, 2921.03, 2921.05,
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised
Code;
(ii) A violation of section 2913.42, 2921.04, 2921.11, or
2921.12 of the Revised Code, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(iii) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially equivalent to any violation listed in
division (A)(1)(b)(i) of this section;
(iv) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is
substantially equivalent to any violation listed in division
(A)(1)(b)(ii) of this section, when the conduct constituting the
violation was related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office;
(v) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(i) or
described in division (A)(1)(b)(iii) of this section;
(vi) A conspiracy to commit, attempt to commit, or complicity
in committing any offense listed in division (A)(1)(b)(ii) or
described in division (A)(1)(b)(iv) of this section, if the
conduct constituting the offense that was the subject of the
conspiracy, that would have constituted the offense attempted, or
constituting the offense in which the offender was complicit was
or would have been related to the duties of the offender's public
office or to the offender's actions as a public official holding
that public office.
(2) "Nonmandatory prison term" means a prison term that is
not a mandatory prison term.
(3) "Public office" means any elected federal, state, or
local government office in this state.
(B) On the motion of an eligible offender or upon its own
motion, the sentencing court may reduce the eligible offender's
stated aggregated nonmandatory prison term or terms of ten years
or less through a judicial release under this section.
(C) An eligible offender may file a motion for judicial
release with the sentencing court within the following applicable
periods:
(1) If the stated aggregated nonmandatory prison term or
terms is less than two years, the eligible offender may file the
motion not earlier than thirty days after the offender is
delivered to a state correctional institution or, if the prison
term includes a mandatory prison term or terms, not earlier than
has served thirty days after the expiration of all mandatory
prison terms of the aggregated nonmandatory prison term or terms.
(2) If the stated aggregated nonmandatory prison term or
terms is at least two years but less than five years, the eligible
offender may file the motion not earlier than one hundred eighty
days after the offender is delivered to a state correctional
institution or, if the prison term includes a mandatory prison
term or terms, not earlier than
has served one hundred eighty
days after the expiration of all mandatory prison terms of the
aggregated nonmandatory prison term or terms.
(3) If the aggregated nonmandatory prison term or terms is
five years, the eligible offender may file the motion after the
eligible offender has served four years of the aggregated
nonmandatory prison term or terms.
(4) If the stated aggregated nonmandatory prison term or
terms is more than five years or more but not more than ten years,
the eligible offender may file the motion not earlier than five
years after the eligible offender
is delivered to a state
correctional institution or, if the prison term includes a
mandatory prison term or terms, not earlier than has served five
years after the expiration of all mandatory prison of the
aggregated nonmandatory prison term or terms.
(D) Upon receipt of a timely motion for judicial release
filed by an eligible offender under division (C) of this section
or upon the sentencing court's own motion made within the
appropriate time specified in that division, the court may deny
the motion without a hearing or schedule a hearing on the motion.
The court shall not grant the motion without a hearing. If a court
denies a motion without a hearing, the court later may consider
judicial release for that eligible offender on a subsequent motion
filed by that eligible offender unless the court denies the motion
with prejudice. If a court denies a motion with prejudice, the
court may later consider judicial release on its own motion. If a
court denies a motion after a hearing, the court shall not
consider a subsequent motion for that eligible offender. The court
shall hold only one hearing for any eligible offender.
A hearing under this section shall be conducted in open court
within sixty days after the motion is filed, provided that the
court may delay the hearing for one hundred eighty additional
days. If the court holds a hearing, the court shall enter a ruling
on the motion within ten days after the hearing. If the court
denies the motion without a hearing, the court shall enter its
ruling on the motion within sixty days after the motion is filed.
(E) If a court schedules a hearing under division (D) of this
section, the court shall notify the eligible offender and the head
of the state correctional institution in which the eligible
offender is confined prior to the hearing. The head of the state
correctional institution immediately shall notify the appropriate
person at the department of rehabilitation and correction of the
hearing, and the department within twenty-four hours after receipt
of the notice, shall post on the database it maintains pursuant to
section 5120.66 of the Revised Code the offender's name and all of
the information specified in division (A)(1)(c)(i) of that
section. If the court schedules a hearing for judicial release,
the court promptly shall give notice of the hearing to the
prosecuting attorney of the county in which the eligible offender
was indicted. Upon receipt of the notice from the court, the
prosecuting attorney shall notify the victim of the offense or the
victim's representative pursuant to section 2930.16 of the Revised
Code.
(F) Upon an offender's successful completion of
rehabilitative activities, the head of the state correctional
institution may notify the sentencing court of the successful
completion of the activities.
(G) Prior to the date of the hearing on a motion for judicial
release under this section, the head of the state correctional
institution in which the eligible offender is confined shall send
to the court a report on the eligible offender's conduct in the
institution and in any institution from which the eligible
offender may have been transferred. The report shall cover the
eligible offender's participation in school, vocational training,
work, treatment, and other rehabilitative activities and any
disciplinary action taken against the eligible offender. The
report shall be made part of the record of the hearing.
(H) If the court grants a hearing on a motion for judicial
release under this section, the eligible offender shall attend the
hearing if ordered to do so by the court. Upon receipt of a copy
of the journal entry containing the order, the head of the state
correctional institution in which the eligible offender is
incarcerated shall deliver the eligible offender to the sheriff of
the county in which the hearing is to be held. The sheriff shall
convey the eligible offender to and from the hearing.
(I) At the hearing on a motion for judicial release under
this section, the court shall afford the eligible offender and the
eligible offender's attorney an opportunity to present written
and, if present, oral information relevant to the motion. The
court shall afford a similar opportunity to the prosecuting
attorney, the victim or the victim's representative, as defined in
section 2930.01 of the Revised Code, and any other person the
court determines is likely to present additional relevant
information. The court shall consider any statement of a victim
made pursuant to section 2930.14 or 2930.17 of the Revised Code,
any victim impact statement prepared pursuant to section 2947.051
of the Revised Code, and any report made under division (G) of
this section. The court may consider any written statement of any
person submitted to the court pursuant to division (L) of this
section. After ruling on the motion, the court shall notify the
victim of the ruling in accordance with sections 2930.03 and
2930.16 of the Revised Code.
(J)(1) A court shall not grant a judicial release under this
section to an eligible offender who is imprisoned for a felony of
the first or second degree, or to an eligible offender who
committed an offense under Chapter 2925. or 3719. of the Revised
Code and for whom there was a presumption under section 2929.13 of
the Revised Code in favor of a prison term, unless the court, with
reference to factors under section 2929.12 of the Revised Code,
finds both of the following:
(a) That a sanction other than a prison term would adequately
punish the offender and protect the public from future criminal
violations by the eligible offender because the applicable factors
indicating a lesser likelihood of recidivism outweigh the
applicable factors indicating a greater likelihood of recidivism;
(b) That a sanction other than a prison term would not demean
the seriousness of the offense because factors indicating that the
eligible offender's conduct in committing the offense was less
serious than conduct normally constituting the offense outweigh
factors indicating that the eligible offender's conduct was more
serious than conduct normally constituting the offense.
(2) A court that grants a judicial release to an eligible
offender under division (J)(1) of this section shall specify on
the record both findings required in that division and also shall
list all the factors described in that division that were
presented at the hearing.
(K) If the court grants a motion for judicial release under
this section, the court shall order the release of the eligible
offender, shall place the eligible offender under an appropriate
community control sanction, under appropriate conditions, and
under the supervision of the department of probation serving the
court and shall reserve the right to reimpose the sentence that it
reduced if the offender violates the sanction. If the court
reimposes the reduced sentence, it may do so either concurrently
with, or consecutive to, any new sentence imposed upon the
eligible offender as a result of the violation that is a new
offense. The period of community control shall be no longer than
five years. The court, in its discretion, may reduce the period of
community control by the amount of time the eligible offender
spent in jail or prison for the offense and in prison. If the
court made any findings pursuant to division (J)(1) of this
section, the court shall serve a copy of the findings upon counsel
for the parties within fifteen days after the date on which the
court grants the motion for judicial release.
If the court grants a motion for judicial release, the court
shall notify the appropriate person at the department of
rehabilitation and correction, and the department shall post
notice of the release on the database it maintains pursuant to
section 5120.66 of the Revised Code.
(L) In addition to and independent of the right of a victim
to make a statement pursuant to section 2930.14, 2930.17, or
2946.051 of the Revised Code and any right of a person to present
written information or make a statement pursuant to division (I)
of this section, any person may submit to the court, at any time
prior to the hearing on the offender's motion for judicial
release, a written statement concerning the effects of the
offender's crime or crimes, the circumstances surrounding the
crime or crimes, the manner in which the crime or crimes were
perpetrated, and the person's opinion as to whether the offender
should be released.
(M) The changes to this section that are made on the
effective date of this division apply to any judicial release
decision made on or after the effective date of this division for
any eligible offender.
Sec. 2929.26. (A) Except when a mandatory jail term is
required by law, the court imposing a sentence for a misdemeanor,
other than a minor misdemeanor, may impose upon the offender any
community residential sanction or combination of community
residential sanctions under this section. Community residential
sanctions include, but are not limited to, the following:
(1) A term of up to one hundred eighty days in a halfway
house or a term in a halfway house not to exceed the longest jail
term available for the offense, whichever is shorter, if the
political subdivision that would have responsibility for paying
the costs of confining the offender in a jail has entered into a
contract with the halfway house for use of the facility for
misdemeanor offenders;
(2) A term of up to one hundred eighty days in an alternative
residential facility or a term in an alternative residential
facility not to exceed the longest jail term available for the
offense, whichever is shorter. The court may specify the level of
security in the alternative residential facility that is needed
for the offender.
(3) If the offender is an eligible offender, as defined in
section 307.932 of the Revised Code, a term of up to thirty days
in a community alternative sentencing center or district community
alternative sentencing center established and operated in
accordance with that section, in the circumstances specified in
that section, with one of the conditions of the sanction being
that the offender complete in the center the entire term imposed.
(B) The A sentence to a community residential sanction under
division (A)(3) of this section shall be in accordance with
section 307.932 of the Revised Code. In all other cases, the court
that sentences an offender to a community residential sanction
under this section may do either or both of the following:
(1) Permit the offender to serve the offender's sentence in
intermittent confinement, overnight, on weekends or at any other
time or times that will allow the offender to continue at the
offender's occupation or care for the offender's family;
(2) Authorize the offender to be released so that the
offender may seek or maintain employment, receive education or
training, receive treatment, perform community service, or
otherwise fulfill an obligation imposed by law or by the court. A
release pursuant to this division shall be only for the duration
of time that is needed to fulfill the purpose of the release and
for travel that reasonably is necessary to fulfill the purposes of
the release.
(C) The court may order that a reasonable portion of the
income earned by the offender upon a release pursuant to division
(B) of this section be applied to any financial sanction imposed
under section 2929.28 of the Revised Code.
(D) No court shall sentence any person to a prison term for a
misdemeanor or minor misdemeanor or to a jail term for a minor
misdemeanor.
(E) If a court sentences a person who has been convicted of
or pleaded guilty to a misdemeanor to a community residential
sanction as described in division (A) of this section, at the time
of reception and at other times the person in charge of the
operation of the halfway house, alternative residential facility,
community alternative sentencing center, district community
alternative sentencing center, or other place at which the
offender will serve the residential sanction determines to be
appropriate, the person in charge of the operation of the halfway
house, alternative residential facility, community alternative
sentencing center, district community alternative sentencing
center, or other place may cause the convicted offender to be
examined and tested for tuberculosis, HIV infection, hepatitis,
including, but not limited to, hepatitis A, B, and C, and other
contagious diseases. The person in charge of the operation of the
halfway house, alternative residential facility, community
alternative sentencing center, district community alternative
sentencing center, or other place at which the offender will serve
the residential sanction may cause a convicted offender in the
halfway house, alternative residential facility, community
alternative sentencing center, district community alternative
sentencing center, or other place who refuses to be tested or
treated for tuberculosis, HIV infection, hepatitis, including, but
not limited to, hepatitis A, B, and C, or another contagious
disease to be tested and treated involuntarily.
(F) A political subdivision may enter into a contract with a
halfway house for use of the halfway house to house misdemeanor
offenders under a sanction imposed under division (A)(1) of this
section.
Sec. 2929.34. (A) A person who is convicted of or pleads
guilty to aggravated murder, murder, or an offense punishable by
life imprisonment and who is sentenced to a term of life
imprisonment or a prison term pursuant to that conviction shall
serve that term in an institution under the control of the
department of rehabilitation and correction.
(B)(1) A person who is convicted of or pleads guilty to a
felony other than aggravated murder, murder, or an offense
punishable by life imprisonment and who is sentenced to a term of
imprisonment or a prison term pursuant to that conviction shall
serve that term as follows:
(a) Subject to divisions (B)(1)(b) and (B)(2) of this
section, in an institution under the control of the department of
rehabilitation and correction if the term is a prison term or as
otherwise determined by the sentencing court pursuant to section
2929.16 of the Revised Code if the term is not a prison term;
(b) In a facility of a type described in division (G)(1) of
section 2929.13 of the Revised Code, if the offender is sentenced
pursuant to that division.
(2) If the term is a prison term, the person may be
imprisoned in a jail that is not a minimum security jail pursuant
to agreement under section 5120.161 of the Revised Code between
the department of rehabilitation and correction and the local
authority that operates the jail.
(C) A person who is convicted of or pleads guilty to one or
more misdemeanors and who is sentenced to a jail term or term of
imprisonment pursuant to the conviction or convictions shall serve
that term in a county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse; in a community
alternative sentencing center or district community alternative
sentencing center when authorized by section 307.932 of the
Revised Code; or, if the misdemeanor or misdemeanors are not
offenses of violence, in a minimum security jail.
(D) Nothing in this section prohibits the commitment,
referral, or sentencing of a person who is convicted of or pleads
guilty to a felony to a community-based correctional facility.
Sec. 2930.12. At the request of the victim in a criminal
prosecution, the prosecutor shall give the victim notice of the
defendant's acquittal or conviction. At the request of the victim
in a delinquency proceeding, the prosecutor shall give the victim
notice of the dismissal of the complaint against the alleged
juvenile offender or of the adjudication of the alleged juvenile
offender as a delinquent child, except that, if the juvenile court
dismisses the complaint against the alleged juvenile offender or
adjudicates the alleged juvenile offender a delinquent child prior
to the prosecutor's involvement in the case, at the request of the
victim, the court or a court employee shall give the victim notice
of the dismissal or of the adjudication. If the defendant or
alleged juvenile offender is convicted or is adjudicated a
delinquent child, the notice shall include all of the following:
(A) The crimes or specified delinquent acts of which the
defendant was convicted or for which the alleged juvenile offender
was adjudicated a delinquent child;
(B) The address and telephone number of the probation office
or other person, if any, that is to prepare a presentence
investigation report pursuant to section 2951.03 of the Revised
Code or Criminal Rule 32.2, the address and telephone number of
the person, if any, who is to prepare a disposition investigation
report pursuant to division (C)(1) of section 2152.18 of the
Revised Code, and the address and telephone number of the person,
if any, who is to prepare a victim impact statement pursuant to
division (D)(1) of section 2152.19 or section 2947.051 of the
Revised Code;
(C) Notice that the victim may make a statement about the
impact of the crime or specified delinquent act to the probation
officer or other person, if any, who prepares the presentence
investigation report or to the person, if any, who prepares a
victim impact statement, that a statement of the victim included
in the report will be made available to the defendant or alleged
juvenile offender unless the court exempts it from disclosure, and
that the court may make the victim impact statement available to
the defendant or alleged juvenile offender;
(D) Notice of the victim's right under section 2930.14 of the
Revised Code to make a statement about the impact of the crime or
specified delinquent act before sentencing or disposition;
(E) The date, time, and place of the sentencing hearing or
dispositional hearing;
(F) One of the following:
(1) Any sentence imposed upon the defendant and any
subsequent modification of that sentence, including modification
under section 2929.20 or 5120.036 of the Revised Code or as a
result of the defendant's appeal of the sentence pursuant to
section 2953.08 of the Revised Code;
(2) Any disposition ordered for the defendant and any
subsequent modification of that disposition, including judicial
release or early release in accordance with section 2151.38 of the
Revised Code.
Sec. 2930.16. (A) If a defendant is incarcerated, a victim
in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If an
alleged juvenile offender is committed to the temporary custody of
a school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has requested
to receive notice under this section shall be given notice of the
commitment. Promptly after sentence is imposed upon the defendant
or the commitment of the alleged juvenile offender is ordered, the
prosecutor in the case shall notify the victim of the date on
which the defendant will be released from confinement or the
prosecutor's reasonable estimate of that date or the date on which
the alleged juvenile offender will have served the minimum period
of commitment or the prosecutor's reasonable estimate of that
date. The prosecutor also shall notify the victim of the name of
the custodial agency of the defendant or alleged juvenile offender
and tell the victim how to contact that custodial agency. If the
custodial agency is the department of rehabilitation and
correction, the prosecutor shall notify the victim of the services
offered by the office of victims' services pursuant to section
5120.60 of the Revised Code. If the custodial agency is the
department of youth services, the prosecutor shall notify the
victim of the services provided by the office of victims' services
within the release authority of the department pursuant to section
5139.55 of the Revised Code and the victim's right pursuant to
section 5139.56 of the Revised Code to submit a written request to
the release authority to be notified of actions the release
authority takes with respect to the alleged juvenile offender. The
victim shall keep the custodial agency informed of the victim's
current address and telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly
shall notify the victim of any hearing for judicial release of the
defendant pursuant to section 2929.20 of the Revised Code, of any
hearing for release of the defendant pursuant to section 2967.19
of the Revised Code, or of any hearing for judicial release or
early release of the alleged juvenile offender pursuant to section
2151.38 of the Revised Code and of the victim's right to make a
statement under those sections. The court shall notify the victim
of its ruling in each of those hearings and on each of those
applications.
(2) If an offender is sentenced to a prison term pursuant to
division (A)(3) or (B) of section 2971.03 of the Revised Code,
upon the request of the victim of the crime, the prosecutor
promptly shall notify the victim of any hearing to be conducted
pursuant to section 2971.05 of the Revised Code to determine
whether to modify the requirement that the offender serve the
entire prison term in a state correctional facility in accordance
with division (C) of that section, whether to continue, revise, or
revoke any existing modification of that requirement, or whether
to terminate the prison term in accordance with division (D) of
that section. The court shall notify the victim of any order
issued at the conclusion of the hearing.
(C) Upon the victim's request made at any time before the
particular notice would be due, the custodial agency of a
defendant or alleged juvenile offender shall give the victim any
of the following notices that is applicable:
(1) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the defendant
or at least three weeks prior to a hearing before the adult parole
authority regarding a grant of parole to the defendant, notice of
the victim's right to submit a statement regarding the impact of
the defendant's release in accordance with section 2967.12 of the
Revised Code and, if applicable, of the victim's right to appear
at a full board hearing of the parole board to give testimony as
authorized by section 5149.101 of the Revised Code;
(2) At least three weeks before the defendant is transferred
to transitional control under section 2967.26 of the Revised Code,
notice of the pendency of the transfer and of the victim's right
under that section to submit a statement regarding the impact of
the transfer;
(3) At least thirty days before the release authority of the
department of youth services holds a release review, release
hearing, or discharge review for the alleged juvenile offender,
notice of the pendency of the review or hearing, of the victim's
right to make an oral or written statement regarding the impact of
the crime upon the victim or regarding the possible release or
discharge, and, if the notice pertains to a hearing, of the
victim's right to attend and make statements or comments at the
hearing as authorized by section 5139.56 of the Revised Code;
(4) Prompt notice of the defendant's or alleged juvenile
offender's escape from a facility of the custodial agency in which
the defendant was incarcerated or in which the alleged juvenile
offender was placed after commitment, of the defendant's or
alleged juvenile offender's absence without leave from a mental
health or mental retardation and developmental disabilities
facility or from other custody, and of the capture of the
defendant or alleged juvenile offender after an escape or absence;
(5) Notice of the defendant's or alleged juvenile offender's
death while in confinement or custody;
(6) Notice of the defendant's or alleged juvenile offender's
release from confinement or custody and the terms and conditions
of the release.
Sec. 2930.17. (A) In determining whether to grant a judicial
release to a defendant from a prison term pursuant to section
2929.20 of the Revised Code at a time before the defendant's
stated prison term expires, in determining whether to grant a
release to an offender from a prison term pursuant to section
2967.19 of the Revised Code at a time before the offender's stated
prison term expires, or in determining whether to grant a judicial
release or early release to an alleged juvenile offender from a
commitment to the department of youth services pursuant to section
2151.38 of the Revised Code, the court shall permit a victim of a
crime or specified delinquent act for which the defendant or
alleged juvenile offender was incarcerated or committed to make a
statement, in addition to any other statement made under this
chapter, concerning the effects of that crime or specified
delinquent act on the victim, the circumstances surrounding the
crime or specified delinquent act, the manner in which the crime
or specified delinquent act was perpetrated, and the victim's
opinion whether the defendant or alleged juvenile offender should
be released. The victim may make the statement in writing or
orally, at the court's discretion. The court shall give the
defendant or alleged juvenile offender and either the adult parole
authority or the department of youth services, whichever is
applicable, a copy of any written impact statement made by the
victim under this division.
(B) In deciding whether to grant a judicial release or early
release to the defendant or alleged juvenile offender, the court
shall consider a statement made by the victim under division (A)
of this section or section 2930.14 or 2947.051 of the Revised
Code.
Sec. 2950.99. (A)(1)(a) Except as otherwise provided in
division (A)(1)(b) of this section, whoever violates a prohibition
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised
Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second,
third, or fourth degree if committed by an adult or a comparable
category of offense committed in another jurisdiction, the
offender is guilty of a felony of the same degree as the most
serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to
reside, change of address, or address verification requirement
that was violated under the prohibition, or, if the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fifth degree or
a misdemeanor if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the fourth degree.
(b) If the offender previously has been convicted of or
pleaded guilty to, or previously has been adjudicated a delinquent
child for committing, a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,
whoever violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code shall be punished as
follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the first, second,
or third degree if committed by an adult or a comparable category
of offense committed in another jurisdiction, the offender is
guilty of a felony of the same degree as the most serious sexually
oriented offense or child-victim oriented offense that was the
basis of the registration, notice of intent to reside, change of
address, or address verification requirement that was violated
under the prohibition, or, if the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition is a comparable category of offense committed in
another jurisdiction, the offender is guilty of a felony of the
same degree as that offense committed in the other jurisdiction
would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the third degree.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an
adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(2)(a) In addition to any penalty or sanction imposed under
division (A)(1) of this section or any other provision of law for
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the offender or
delinquent child is subject to a community control sanction, is on
parole, is subject to one or more post-release control sanctions,
or is subject to any other type of supervised release at the time
of the violation, the violation shall constitute a violation of
the terms and conditions of the community control sanction,
parole, post-release control sanction, or other type of supervised
release.
(b) In addition to any penalty or sanction imposed under
division (A)(1)(b)(i), (ii), or (iii) of this section or any other
provision of law for a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender previously has been convicted of or pleaded guilty to, or
previously has been adjudicated a delinquent child for committing,
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code when the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the requirement that was violated under the
prohibition is a felony if committed by an adult or a comparable
category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite
prison term of no less than three years. The definite prison term
imposed under this section is not restricted by division (B) of
section 2929.14 of the Revised Code and, subject to division (C)
of section 2967.19 of the Revised Code, shall not be reduced to
less than three years pursuant to any provision of Chapter 2967.
or any other provision of the Revised Code.
(3) As used in division (A)(1) of this section, "comparable
category of offense committed in another jurisdiction" means a
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address notification, or address verification
requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing
or former law applicable in a military court or in an Indian
tribal court, or an existing or former law of any nation other
than the United States, and that, if it had been committed in this
state, would constitute or would have constituted aggravated
murder or murder for purposes of division (A)(1)(a)(i) of this
section, a felony of the first, second, third, or fourth degree
for purposes of division (A)(1)(a)(ii) of this section, a felony
of the fifth degree or a misdemeanor for purposes of division
(A)(1)(a)(iii) of this section, aggravated murder or murder for
purposes of division (A)(1)(b)(i) of this section, a felony of the
first, second, or third degree for purposes of division
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth
degree for purposes of division (A)(1)(b)(iii) of this section, or
a misdemeanor for purposes of division (A)(1)(b)(iv) of this
section.
(B) If a person violates a prohibition in section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to
the person as a result of the person being adjudicated a
delinquent child and being classified a juvenile offender
registrant or an out-of-state juvenile offender registrant, both
of the following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 2951.022. (A) As used in this section:
(1) "Concurrent supervision offender" means any offender who
has been sentenced to community control for one or more
misdemeanor violations, is a parolee or releasee, or has been
placed under a community control sanction pursuant to section
2929.16, 2929.17, 2929.18, or 2929.20 of the Revised Code and who
is simultaneously subject to supervision by any of the following:
(a) Two or more municipal courts or county courts in this
state;
(b) Two or more courts of common pleas in this state;
(c) One or more courts of common pleas in this state and one
or more municipal courts or county courts in this state;
(d) One or more municipal or county courts or courts of
common pleas in this state and the adult parole authority.
"Concurrent supervision offender" does not include an
offender subject to the joint supervision of a court of common
pleas and the adult parole authority pursuant to an agreement
entered into under section 2967.29 of the Revised Code.
(2) "Parolee" and "releasee" have the same meanings as in
section 2967.01 of the Revised Code.
(B)(1) Except as otherwise provided in divisions (B)(2), (3),
(4), and (5) of this section, a concurrent supervision offender
shall be supervised by the court that imposed the longest possible
sentence and shall not be supervised by any other authority.
(2) In the case of a concurrent supervision offender subject
to supervision by two or more municipal or county courts in the
same county, the municipal or county court in the territorial
jurisdiction in which the offender resides shall supervise the
offender. In the case of a concurrent supervision offender subject
to supervision by a municipal court or county court and a court of
common pleas for two or more equal possible sentences, the
municipal or county court shall supervise the offender. In the
case of a concurrent supervision offender subject to supervision
by two or more courts of common pleas in separate counties in this
state, the court that lies within the same territorial
jurisdiction in which the offender resides shall supervise the
offender.
(3) Separate courts within the same county may enter into an
agreement or adopt local rules of procedure specifying, generally,
that concurrent supervision offenders will be supervised in a
manner other than that provided for in divisions (B)(1) and (2) of
this section.
(4)(a) The judges of the various courts of this state having
jurisdiction over a concurrent supervision offender may agree by
journal entry to transfer jurisdiction over a concurrent
supervision offender from one court to another court in any manner
the courts consider appropriate, if the offender is supervised by
only a single supervising authority at all times. An agreement to
transfer supervision of an offender under division (B)(4)(a) of
this section shall not take effect until approved by every court
having authority to supervise the offender and may provide for the
transfer of supervision to the offender's jurisdiction of
residence whether or not the offender was subject to supervision
in that jurisdiction prior to transfer. In the case of a
subsequent conviction in a court other than the supervising court,
the supervising court may agree to accept a transfer of
jurisdiction from the court of conviction prior to sentencing and
proceed to sentence the offender according to law.
(b) If the judges of the various courts of this state having
authority to supervise a concurrent supervision offender cannot
reach agreement with respect to the supervision of the offender,
the offender may be subject to concurrent supervision in the
interest of justice upon the courts' consideration of the
provisions set forth in division (C) of this section.
(5) Notwithstanding any other provision of this section, the
adult parole authority shall remain solely responsible for
addressing any alleged violations by a parolee or releasee of the
terms of supervision of that parolee or releasee.
(C) In determining whether a court maintains authority to
supervise an offender or transfers authority to supervise the
offender pursuant to division (B)(3) or (4) of this section, the
court shall consider all of the following:
(1) The safety of the community;
(2) The risk that the offender might reoffend;
(3) The nature of the offenses committed by the offender;
(4) The likelihood that the offender will remain in the
jurisdiction;
(5) The ability of the offender to travel to and from the
offender's residence and place of employment or school to the
offices of the supervising authority;
(6) The resources for residential and nonresidential
sanctions or rehabilitative treatment available to the various
courts having supervising authority;
(7) Any other factors consistent with the purposes of
sentencing.
(D) The court having sole authority over a concurrent
supervision offender pursuant to this section shall enforce any
financial obligations imposed by any other court, shall set a
payment schedule consistent with the offender's ability to pay,
and shall cause collections of the offender's financial
obligations to be distributed in proportion to the total amounts
ordered by all sentencing courts, or as otherwise agreed by the
sentencing courts. Financial obligations include financial
sanctions imposed pursuant to sections 2929.18 and 2929.28 of the
Revised Code, court costs, and any other financial order or fee
imposed by a sentencing court. A supervision fee may be charged
only by the agency providing supervision of the case.
(E) Unless the local residential sanction is suspended, the
offender shall complete any local residential sanction before
jurisdiction is transferred in accordance with this section. The
supervising court shall respect all conditions of supervision
established by a sentencing court, but any conflicting or
inconsistent order of the supervising court shall supersede any
other order of a sentencing court. In the case of a concurrent
supervision offender, the supervising court shall determine when
supervision will be terminated but shall not terminate supervision
until all financial obligations are paid pursuant to sections
2929.18 and 2929.28 of the Revised Code.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court has reason to believe that drug or
alcohol usage by the offender was a factor leading to the
offender's criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness or was a mentally retarded person and that the
mental illness or status as a mentally retarded person was a
factor leading to the offender's criminal behavior, the court may
accept, prior to the entry of a guilty plea, the offender's
request for intervention in lieu of conviction. The request shall
include a statement from the offender as to whether the offender
is alleging that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged or is alleging that, at the time of committing that
offense, the offender had a mental illness or was a mentally
retarded person and that the mental illness or status as a
mentally retarded person was a factor leading to the criminal
offense with which the offender is charged. The request also shall
include a waiver of the defendant's right to a speedy trial, the
preliminary hearing, the time period within which the grand jury
may consider an indictment against the offender, and arraignment,
unless the hearing, indictment, or arraignment has already
occurred. The court may reject an offender's request without a
hearing. If the court elects to consider an offender's request,
the court shall conduct a hearing to determine whether the
offender is eligible under this section for intervention in lieu
of conviction and shall stay all criminal proceedings pending the
outcome of the hearing. If the court schedules a hearing, the
court shall order an assessment of the offender for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by a program certified pursuant to section 3793.06 of the
Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan. The program or the properly credentialed professional shall
provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of
section 2930.08 of the Revised Code apply in relation to any
hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of
conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not been
through intervention in lieu of conviction under this section or
any similar regimen, and is charged with a felony for which the
court, upon conviction, would impose sentence under division
(B)(2)(b) of section 2929.13 of the Revised Code or with a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third degree, is not an offense of violence, is not a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code, is
not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section
4511.19 of the Revised Code or a municipal ordinance that is
substantially similar to that division, and is not an offense for
which a sentencing court is required to impose a mandatory prison
term, a mandatory term of local incarceration, or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of section
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code, is not
charged with a violation of section 2925.03 of the Revised Code
that is a felony of the first, second, third, or fourth degree,
and is not charged with a violation of section 2925.11 of the
Revised Code that is a felony of the first, second, or third
degree.
(4) The offender is not charged with a violation of section
2925.11 of the Revised Code that is a felony of the fourth degree,
or the offender is charged with a violation of that section that
is a felony of the fourth degree and the prosecutor in the case
has recommended that the offender be classified as being eligible
for intervention in lieu of conviction under this section.
(5) The If an offender alleges that drug or alcohol usage by
the offender was a factor leading to the criminal offense with
which the offender is charged, the court has ordered that the
offender has been be assessed by
an appropriately licensed
provider, certified facility, or licensed and credentialed
professional, including, but not limited to, a program licensed by
the department of alcohol and drug addiction services pursuant to
section 3793.11 of the Revised Code, a program certified by that
department pursuant to section 3793.06 of the Revised Code, a
public or private hospital, the United States department of
veterans affairs, another appropriate agency of the government of
the United States, or a licensed physician, psychiatrist,
psychologist, independent social worker, professional counselor,
or chemical dependency counselor or a properly credentialed
professional for the purpose of determining the offender's
eligibility for intervention in lieu of conviction and
recommending an appropriate intervention plan, the offender has
been assessed by a program of that nature or a properly
credentialed professional in accordance with the court's order,
and the program or properly credentialed professional has filed
the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or was a mentally retarded person
and that the mental illness or status as a mentally retarded
person was a factor leading to that offense, the offender has been
assessed by a psychiatrist, psychologist, independent social
worker, or professional clinical counselor for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
(6) The offender's drug or usage, alcohol usage, mental
illness, or mental retardation, whichever is applicable, was a
factor leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age or older, permanently and totally disabled, under
thirteen years of age, or a peace officer engaged in the officer's
official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the Revised Code, the alleged violation did not result
in physical harm to any person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section.
(C) At the conclusion of a hearing held pursuant to division
(A) of this section, the court shall enter its determination as to
whether the offender is eligible for intervention in lieu of
conviction and as to whether to grant the offender's request. If
the court finds under division (B) of this section that the
offender is eligible for intervention in lieu of conviction and
grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. In addition, the court then may
stay all criminal proceedings and order the offender to comply
with all terms and conditions imposed by the court pursuant to
division (D) of this section. If the court finds that the offender
is not eligible or does not grant the offender's request, the
criminal proceedings against the offender shall proceed as if the
offender's request for intervention in lieu of conviction had not
been made.
(D) If the court grants an offender's request for
intervention in lieu of conviction, the court shall place the
offender under the general control and supervision of the county
probation department, the adult parole authority, or another
appropriate local probation or court services agency, if one
exists, as if the offender was subject to a community control
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the
Revised Code. The court shall establish an intervention plan for
the offender. The terms and conditions of the intervention plan
shall require the offender, for at least one year from the date on
which the court grants the order of intervention in lieu of
conviction, to abstain from the use of illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit to regular random testing for drug and alcohol use and may
include any other treatment terms and conditions, or terms and
conditions similar to community control sanctions, which may
include community service or restitution, that are ordered by the
court.
(E) If the court grants an offender's request for
intervention in lieu of conviction and the court finds that the
offender has successfully completed the intervention plan for the
offender, including the requirement that the offender abstain from
using illegal drugs and alcohol for a period of at least one year
from the date on which the court granted the order of intervention
in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the court, the court shall
dismiss the proceedings against the offender. Successful
completion of the intervention plan and period of abstinence under
this section shall be without adjudication of guilt and is not a
criminal conviction for purposes of any disqualification or
disability imposed by law and upon conviction of a crime, and the
court may order the sealing of records related to the offense in
question in the manner provided in sections 2953.31 to 2953.36 of
the Revised Code.
(F) If the court grants an offender's request for
intervention in lieu of conviction and the offender fails to
comply with any term or condition imposed as part of the
intervention plan for the offender, the supervising authority for
the offender promptly shall advise the court of this failure, and
the court shall hold a hearing to determine whether the offender
failed to comply with any term or condition imposed as part of the
plan. If the court determines that the offender has failed to
comply with any of those terms and conditions, it shall enter a
finding of guilty and shall impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(5) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
Sec. 2951.08. (A) During a period of community control, any
field officer or probation officer may arrest the person under a
community control sanction without a warrant and bring the person
before the judge or magistrate before whom the cause was pending.
During a period of community control, any peace officer may arrest
the person under a community control sanction without a warrant
upon the written order of the chief probation officer of the
probation agency if the person under a community control sanction
is under the supervision of that probation agency or on the order
of an officer of the adult parole authority created pursuant to
section 5149.02 of the Revised Code if the person under a
community control sanction is under the supervision of the
authority. During a period of community control, any peace officer
may arrest the person under a community control sanction on the
warrant of the judge or magistrate before whom the cause was
pending.
During a period of community control, any peace officer may
arrest the person under a community control sanction without a
warrant if the peace officer has reasonable ground to believe that
the person has violated or is violating any of the following that
is a condition of the person's community control sanction:
(1) A condition that prohibits ownership, possession, or use
of a firearm, deadly weapon, ammunition, or dangerous ordnance;
(2) A condition that prohibits the person from being within a
specified structure or geographic area;
(3) A condition that confines the person to a residence,
facility, or other structure;
(4) A condition that prohibits the person from contacting or
communicating with any specified individual;
(5) A condition that prohibits the person from associating
with a specified individual;
(6) A condition as provided in division (A)(1)(a) of section
2929.25 of the Revised Code or in division (A)(1) of section
2929.15 or (A)(8) of section 2929.27 of the Revised Code that
requires that the person not ingest or be injected with a drug of
abuse and submit to random drug testing and requires that the
results of the drug test indicate that the person did not ingest
or was not injected with a drug of abuse.
(B) Upon Within three business days after making an arrest
under this section, the arresting field officer, probation
officer, or peace officer or the department or agency of the
arresting officer
promptly shall notify the chief probation
officer or the chief probation officer's designee that the person
has been arrested. Upon Within thirty days of being notified that
a field officer, probation officer, or peace officer has made an
arrest under this section, the chief probation officer or
designee, or another probation officer designated by the chief
probation officer, promptly shall bring the person who was
arrested before the judge or magistrate before whom the cause was
pending.
(C) Nothing in this section limits the powers of arrest
granted to certain law enforcement officers and citizens under
sections 2935.03 and 2935.04 of the Revised Code.
(D) A probation officer shall receive the actual and
necessary expenses incurred in the performance of the officer's
duties.
(E) As used in this section, "random drug testing" has the
same meaning as in section 5120.63 of the Revised Code.
Sec. 2967.05. (A) As used in this section:
(1) "Imminent danger of death" means that the inmate has a
medically diagnosable condition that will cause death to occur
within a short period of time.
As used in division (A)(1) of this section, "within a short
period of time" means generally within six months.
(2)(a) "Medically incapacitated" means any diagnosable
medical condition, including mental dementia and severe, permanent
medical or cognitive disability, that prevents the inmate from
completing activities of daily living without significant
assistance, that incapacitates the inmate to the extent that
institutional confinement does not offer additional restrictions,
that is likely to continue throughout the entire period of parole,
and that is unlikely to improve noticeably.
(b) "Medically incapacitated" does not include conditions
related solely to mental illness unless the mental illness is
accompanied by injury, disease, or organic defect.
(3)(a) "Terminal illness" means a condition that satisfies
all of the following criteria:
(i) The condition is irreversible and incurable and is caused
by disease, illness, or injury from which the inmate is unlikely
to recover.
(ii) In accordance with reasonable medical standards and a
reasonable degree of medical certainty, the condition is likely to
cause death to the inmate within twelve months.
(iii) Institutional confinement of the inmate does not offer
additional protections for public safety or against the inmate's
risk to reoffend.
(b) The department of rehabilitation and correction shall
adopt rules pursuant to Chapter 119. of the Revised Code to
implement the definition of "terminal illness" in division
(A)(3)(a) of this section.
(B)(1) Upon the recommendation of the director of
rehabilitation and correction, accompanied by a certificate of the
attending physician that an inmate is terminally ill, medically
incapacitated, or in imminent danger of death, the governor may
order the inmate's release as if on
indefinite parole on or after
a specified date, reserving the right to return the inmate to the
institution pursuant to this section. If An inmate ordered to be
released under this section may be released to a skilled nursing
facility or may be released under a general release that is not to
a skilled nursing facility.
(2) An inmate who is to be released under this section to a
skilled nursing facility shall not be released until an
appropriate placement in a skilled nursing facility has been
secured for the inmate and the skilled nursing facility has
secured a funding source for the placement. When an inmate is to
be released under this section to a skilled nursing facility, the
department of job and family services shall give priority to the
processing and determination of an inmate's eligibility for
initial or continued medicaid funding under this section. When an
inmate is to be released under this section to a skilled nursing
facility, the department of job and family services' processing
and determination of the inmate's eligibility may be based solely
on identifying information provided by the department of
rehabilitation and correction. In addition to the reimbursement
otherwise provided to a skilled nursing facility under Chapter
5111. of the Revised Code, the department of job and family
services, through the medicaid program, shall reimburse a skilled
nursing facility that provides care to inmates under this section
for reasonable additional costs incurred by the facility in
providing the security required by division (D)(1)(e) of this
section and will take all necessary steps to implement the payment
of these additional costs. An inmate shall not be released to a
skilled nursing facility used for the placement of inmates under
this division until the inmate has undergone preadmission
screening and resident review and the level of care review and
determination process established under the Administrative Code
and has been determined to meet the criteria for skilled nursing
care. A skilled nursing facility shall meet the requirements set
forth in division (D) of this section.
(3) If an inmate is released under this section to a skilled
nursing facility or is released under this section under a general
release that is not to a skilled nursing facility, and if,
subsequent to the inmate's release, the inmate's health improves
so that the inmate is no longer terminally ill, medically
incapacitated, or in imminent danger of death, the inmate shall be
returned, by order of the governor, to the institution from which
the inmate was released. If the inmate violates any rules or
conditions applicable to the inmate, the inmate may be returned to
an institution under the control of the department of
rehabilitation and correction. The governor may direct the adult
parole authority to investigate or cause to be investigated the
inmate and make a recommendation in the manner set forth in
section 2967.03 of the Revised Code. An inmate released under this
section shall be subject to supervision by the adult parole
authority in accordance with any recommendation of the adult
parole authority that is approved by the governor. The adult
parole authority shall adopt rules pursuant to section 119.03 of
the Revised Code to establish the procedure for medical release of
an inmate when an inmate is terminally ill, medically
incapacitated, or in imminent danger of death.
(C)(1) No inmate is eligible for release under this section
to a skilled nursing facility if the inmate is serving a death
sentence, a sentence of life without parole, or a sentence under
Chapter 2971. of the Revised Code for a felony of the first or
second degree,.
(2) No inmate is eligible for release under this section
under a general release that is not to a skilled nursing facility
if the inmate is serving any type of sentence identified in
division (C)(1) of this section or is serving a sentence for
aggravated murder or murder, or a mandatory prison term for an
offense of violence or any specification described in Chapter
2941. of the Revised Code.
(D)(1) An inmate shall not be released to a skilled nursing
facility under this section unless the skilled nursing facility
meets all of the following requirements:
(a) The skilled nursing facility is certified as a skilled
nursing facility under Title XVIII or XIX of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and has
obtained any approval or authorization needed for its operation as
described in division (E) of this section.
(b) The skilled nursing facility is under contract with the
department of rehabilitation and correction solely for the care of
inmates released under this section, is certified by the
department, and does not house any person who is not an inmate
released under this section.
(c) The skilled nursing facility is located in Ohio, and the
facility's location presents a minimal risk to public safety.
(d) The skilled nursing facility is operated by a licensed
nursing home administrator who has a minimum of six years of
active licensure, a master's degree in healthcare administration,
and experience in the administration of an assisted living
program, a home care program, a skilled nursing facility, a
hospice care program, and a long term acute care hospital.
(e) Employees of the facility or a contractor provide
security to the skilled nursing facility. The security staff shall
be directed by a person with at least thirty years of experience
as a law enforcement officer with a law enforcement agency
employing a minimum of five hundred law enforcement officers,
whose experience includes a minimum of five years of supervisory
experience.
(2) The department of health shall issue a certificate of
need to the operator of a skilled nursing facility that accepts
inmates under this section.
(E) The department of job and family services shall apply to
the centers for medicare and medicaid services of the United
States department of health and human services for any approval or
other authorization needed for the operation of the skilled
nursing facility to be used to provide care to inmates under this
section, and for a statement of the applicable parameters for
operation of the facility. The department shall notify the
facility and the department of rehabilitation and correction of
the grant by the centers of any such approval or authorization
needed for the facility and of the applicable parameters for its
operation.
(F) Sections 3721.10 to 3721.18 of the Revised Code do not
apply to an inmate receiving care in a skilled nursing facility
under divisions (B) to (D) of this section.
Sec. 2967.14. (A) The department of rehabilitation and
correction or the adult parole authority may require or allow a
parolee or, a releasee, or a prisoner otherwise released from a
state correctional institution to reside in a halfway house or
other suitable community residential center that has been licensed
by the division of parole and community services pursuant to
division (C) of this section during a part or for the entire
period of the offender's or parolee's conditional release or of
the releasee's term of post-release control. The court of common
pleas that placed an offender under a sanction consisting of a
term in a halfway house or in an alternative residential sanction
may require the offender to reside in a halfway house or other
suitable community residential center that is designated by the
court and that has been licensed by the division pursuant to
division (C) of this section during a part or for the entire
period of the offender's residential sanction.
(B) The division of parole and community services may
negotiate and enter into agreements with any public or private
agency or a department or political subdivision of the state that
operates a halfway house, reentry center, or community residential
center that has been licensed by the division pursuant to division
(C) of this section. An agreement under this division shall
provide for the purchase of beds, shall set limits of supervision
and levels of occupancy, and shall determine the scope of services
for all eligible offenders, including those subject to a
residential sanction, as defined in rules adopted by the director
of rehabilitation and correction in accordance with Chapter 119.
of the Revised Code, or those released from prison without
supervision. The payments for beds and services shall be equal to
the halfway house's or community residential center's average
daily per capita costs with its facility at full occupancy. The
payments for beds and services shall not exceed the total
operating costs of the halfway house, reentry center, or community
residential center during the term of an agreement. The director
of rehabilitation and correction shall adopt rules in accordance
with Chapter 119. of the Revised Code for determining includable
and excludable costs and income to be used in computing the
agency's average daily per capita costs with its facility at full
occupancy.
The department of rehabilitation and correction may use no
more than ten per cent of the amount appropriated to the
department each fiscal year for the halfway house, reentry center,
and community residential center program to pay for contracts for
nonresidential services for offenders under the supervision of the
adult parole authority. The nonresidential services may include,
but are not limited to, treatment for substance abuse, mental
health counseling,
and counseling for sex offenders, and
electronic monitoring services.
(C) The division of parole and community services may license
a halfway house, reentry center, or community residential center
as a suitable facility for the care and treatment of adult
offenders, including offenders sentenced under section 2929.16 or
2929.26 of the Revised Code, only if the halfway house, reentry
center, or community residential center complies with the
standards that the division adopts in accordance with Chapter 119.
of the Revised Code for the licensure of halfway houses, reentry
centers, and community residential centers. The division shall
annually inspect each licensed halfway house, licensed reentry
center, and licensed community residential center to determine if
it is in compliance with the licensure standards.
Sec. 2967.19. (A) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised.
(2) "Disqualifying prison term" means any of the following:
(a) A prison term imposed for aggravated murder, murder,
voluntary manslaughter, involuntary manslaughter, felonious
assault, kidnapping, rape, aggravated arson, or aggravated
robbery;
(b) A prison term imposed for complicity in, an attempt to
commit, or conspiracy to commit any offense listed in division
(A)(2)(a) of this section;
(c) A prison term of life imprisonment, including any term of
life imprisonment that has parole eligibility;
(d) A prison term imposed for any felony other than carrying
a concealed weapon an essential element of which is any conduct or
failure to act expressly involving any deadly weapon or dangerous
ordnance;
(e) A prison term imposed for any violation of section
2925.03 of the Revised Code that is a felony of the first or
second degree;
(f) A prison term imposed for engaging in a pattern of
corrupt activity in violation of section 2923.32 of the Revised
Code;
(g) A prison term imposed pursuant to section 2971.03 of the
Revised Code;
(h) A prison term imposed for any sexually oriented offense.
(3) "Eligible prison term" means any prison term that is not
a disqualifying prison term and is not a restricting prison term.
(4) "Restricting prison term" means any of the following:
(a) A mandatory prison term imposed under division (D)(1)(a),
(D)(1)(c), (D)(1)(f), (D)(1)(g), or (D)(2) of section 2929.14 of
the Revised Code for a specification of the type described in that
division;
(b) In the case of an offender who has been sentenced to a
mandatory prison term for a specification of the type described in
division (A)(4)(a) of this section, the prison term imposed for
the felony offense for which the specification was stated at the
end of the body of the indictment, count in the indictment, or
information charging the offense;
(c) A prison term imposed for any offense that is described
in division (A)(4)(c)(i) of this section if division (A)(4)(c)(ii)
of this section applies to the offender:
(i) The offense is a felony of the first or second degree
that is an offense of violence and that is not described in
division (A)(2)(a) or (b) of this section, an attempt to commit a
felony of the first or second degree that is an offense of
violence and that is not described in division (A)(2)(a) or (b) of
this section if the attempt is a felony of the first or second
degree, or an offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to any other offense described in this
division.
(ii) The offender previously was convicted of or pleaded
guilty to any offense listed in division (A)(4)(c)(i) of this
section.
(B) The director of rehabilitation and correction may
petition the sentencing court for the release from prison of any
offender confined in a state correctional institution under a
stated prison term who is eligible under division (C) of this
section for a release under this section, who has one year or more
of that stated prison term that remains to be served after the
offender becomes eligible as described in that division, and who
has served at least eighty-five per cent of that stated prison
term that remains to be served after the offender becomes eligible
as described in that division. If the director wishes to submit a
petition for release under this section, the director shall submit
the petition not earlier than ninety days prior to the date on
which the offender has served eighty-five per cent of the
offender's stated prison term that remains to be served after the
offender becomes eligible as described in division (C) of this
section. The director's submission of a petition for release under
this section constitutes a recommendation by the director that the
court strongly consider release of the offender consistent with
the purposes and principles of sentencing set forth in section
2929.13 of the Revised Code.
(C) Except as otherwise provided in this division, an
offender serving a stated prison term of one year or more is
eligible for release from prison under this section upon the
offender's commencement of service of that stated prison term. An
offender serving a stated prison term that includes a
disqualifying prison term is not eligible for release from prison
under this section. An offender serving a stated prison term that
consists solely of one or more restricting prison terms is not
eligible for release under this section. An offender serving a
stated prison term that includes one or more restricting prison
terms and one or more eligible prison terms becomes eligible for
release under this section after having fully served each
restricting prison term. For purposes of determining an offender's
eligibility for release under this section, if the offender's
stated prison term includes consecutive prison terms, any
restricting prison terms shall be deemed served prior to any
eligible prison terms that run consecutively to the restricting
prison terms, and the eligible prison terms are deemed to commence
after all of the restricting prison terms have been fully served.
An offender serving a stated prison term that includes a
mandatory prison term that is not a disqualifying prison term and
is not a restricting prison term is not automatically ineligible
as a result of the offender's service of that mandatory term for
release from prison under this section, and the offender's
eligibility for release from prison under this section is
determined in accordance with this division.
If an offender confined in a state correctional institution
under a stated prison term is eligible for release under this
section as described in this division, if the offender has one
year or more of that stated prison term that remains to be served
after the offender becomes eligible, and if the offender has
served at least eighty-five per cent of that stated prison term
that remains to be served after the offender becomes eligible, the
director of rehabilitation and correction may petition the
sentencing court pursuant to division (B) of this section for the
release from prison of the offender.
(D) The director shall include with any petition submitted to
the sentencing court under this section an institutional summary
report that covers the offender's participation while confined in
a state correctional institution in school, training, work,
treatment, and other rehabilitative activities and any
disciplinary action taken against the offender while so confined.
The director shall include with the petition a post-release
control assessment and placement plan, when relevant, and any
other documentation requested by the court, if available.
(E) When the director submits a petition under this section
for release of an offender, the department promptly shall give
notice of the petition to the prosecuting attorney of the county
in which the offender was indicted and to any victim of the
offender or victim's representative of any victim of the offender
who is registered with the office of victim's services.
The department also shall post notice of the petition on the
database it maintains under section 5120.66 of the Revised Code
and include information on where a person may send comments
regarding the petition.
(F) Upon receipt of a petition for release of an offender
submitted by the director under this section, the court may deny
the petition without a hearing. The court shall not grant a
petition for release of an offender without a hearing. If a court
denies a petition for release of an offender without a hearing,
the court may later consider release of that offender on a
subsequent petition. The court shall enter its ruling within
thirty days after the petition is filed.
(G) If the court grants a hearing on a petition for release
of an offender submitted under this section, the court shall
notify the head of the state correctional institution in which the
offender is confined of the hearing prior to the hearing. If the
court makes a journal entry ordering the offender to be conveyed
to the hearing, except as otherwise provided in this division, the
head of the correctional institution shall deliver the offender to
the sheriff of the county in which the hearing is to be held, and
the sheriff shall convey the offender to and from the hearing.
Upon the court's own motion or the motion of the offender or the
prosecuting attorney of the county in which the offender was
indicted, the court may permit the offender to appear at the
hearing by video conferencing equipment if equipment of that
nature is available and compatible.
Upon receipt of notice from a court of a hearing on the
release of an offender under this division, the head of the state
correctional institution in which the offender is confined
immediately shall notify the appropriate person at the department
of rehabilitation and correction of the hearing, and the
department within twenty-four hours after receipt of the notice
shall post on the database it maintains pursuant to section
5120.66 of the Revised Code the offender's name and all of the
information specified in division (A)(1)(c)(i) of that section. If
the court grants a hearing on a petition for release of an
offender under this section, the court promptly shall give notice
of the hearing to the prosecuting attorney of the county in which
the offender was indicted. Upon receipt of the notice from the
court, the prosecuting attorney shall notify pursuant to section
2930.16 of the Revised Code any victim of the offender or the
victim's representative of the hearing.
(H) If the court grants a hearing on a petition for release
of an offender under this section, at the hearing, the court shall
afford the offender and the offender's attorney an opportunity to
present written information and, if present, oral information
relevant to the motion. The court shall afford a similar
opportunity to the prosecuting attorney, victim or victim's
representative, as defined in section 2930.01 of the Revised Code,
and any other person the court determines is likely to present
additional relevant information. If the court pursuant to division
(G) of this section permits the offender to appear at the hearing
by video conferencing equipment, the offender's opportunity to
present oral information shall be as a part of the video
conferencing. The court shall consider any statement of a victim
made under section 2930.14 or 2930.17 of the Revised Code, any
victim impact statement prepared under 2947.051 of the Revised
Code, and any report, plan, and other documentation submitted by
the director under division (D) of this section. After ruling on
the motion, the court shall notify the victim in accordance with
sections 2930.03 and 2930.16 of the Revised Code.
(I) If the court grants a petition for release of an offender
under this section, it shall order the offender's release under
the supervision of the adult parole authority. The court shall not
make a release under this section effective prior to the date on
which the offender has served at least eighty-five per cent of the
offender's stated prison term that remains to be served after the
offender becomes eligible as described in division (C) of this
section. If the sentence under which the offender is confined in a
state correctional institution and from which the offender is
being released was imposed for a felony of the first or second
degree, the court shall order that the offender be monitored by
means of a global positioning device, with the cost of monitoring
borne by the offender through the imposition of supervision fees
under section 5120.56 of the Revised Code. If the offender is
indigent, the cost shall be paid by the department of
rehabilitation and correction. The initial period of supervision
by the adult parole authority and the monitoring of the offender
by means of a global positioning device when ordered shall
conclude on the date of expiration of the stated prison term from
which the offender was released. If the parole board imposed a
period of post-release control on the offender under section
2967.28 of the Revised Code, upon the conclusion of that initial
period of supervision and that initial period of monitoring when
ordered, the offender shall be placed on post-release control in
accordance with the post-release control sanctions the board
imposed on the offender under that section.
If the court grants a petition for release of an offender
under this section, it shall notify the appropriate person at the
department of rehabilitation and correction of the release, and
the department shall post notice of the release on the database it
maintains pursuant to section 5120.66 of the Revised Code.
(J) Within ninety days after the effective date of this
section, the chair of the parole board or the chair's designee
shall review the cases of all parole-eligible inmates who are age
sixty-five or older and who have had a statutory first parole
consideration hearing.
(K) Upon completion of the review described in division (J)
of this section, the chair of the parole board shall present to
the board the cases of the offenders described in that division.
Upon presentation of the case of an offender, the board, by
majority vote, may choose to rehear the offender's case for
possible release on parole.
(L) The department shall adopt under Chapter 119. of the
Revised Code any rules necessary to implement this section.
Sec. 2967.193. (A) Except as provided in division (C) of
this section or in division (B) of section 2929.143 or section
2929.13, 2929.14, or 2967.13 of the Revised Code and subject to
the maximum total specified in this section, a person confined in
a state correctional institution may earn one day or five days of
credit, determined based on the category set forth in division
(D)(1), (2), (3), or (4) of this section in which the person is
included, as a deduction from the person's stated prison term for
each full completed month during which the person productively
participates in an education program, vocational training,
employment in prison industries, or treatment for substance abuse,
treatment as a sex offender, or any other constructive program as
developed by the department with specific standards for
performance by prisoners. At the end of each calendar month in
which a prisoner productively participates in a program or
activity listed in this division, the department of rehabilitation
and correction shall deduct one day from the date on which the
prisoner's stated prison term will expire. The total number of
days of credit that a person may earn under this section shall not
exceed eight per cent of the total number of days in the person's
stated prison term. If the prisoner violates prison rules, the
department may deny the prisoner a credit that otherwise could
have been awarded to the prisoner or may withdraw one or more
credits previously earned by the prisoner.
If a prisoner is released before the expiration of the
prisoner's stated prison term by reason of credit earned under
this section, the department shall retain control of the prisoner
by means of an appropriate post-release control sanction imposed
by the parole board until the end of the stated prison term if the
parole board imposes a post-release control sanction pursuant to
section 2967.28 of the Revised Code. If the parole board is not
required to impose a post-release control sanction under section
2967.28 of the Revised Code, the parole board may elect not to
impose a post-release control sanction on the prisoner.
(B) The department of rehabilitation and correction shall
adopt rules that specify the programs or activities for which
credit may be earned under this section, the criteria for
determining productive participation in the programs or activities
and for awarding credit, and the criteria for denying or
withdrawing previously earned credit as a result of a violation of
prison rules.
(C) No person who is serving a sentence of life imprisonment
without parole imposed pursuant to section 2929.03 or 2929.06 of
the Revised Code or, who is serving a prison term or a term of
life imprisonment without parole imposed pursuant to section
2971.03 of the Revised Code, or who is serving a sentence for a
sexually oriented offense that was imposed for a conviction
occurring or guilty plea entered on or after the effective date of
this amendment shall be awarded any days of credit under division
(A) of this section.
(D) The determination of whether a person confined in a state
correctional institution may earn one day of credit or five days
of credit under division (A) of this section for each completed
month during which the person productively participates in a
program specified under that division shall be made in accordance
with the following:
(1) The offender may earn one day of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is any of the following that is a felony of the first or
second degree:
(a) A violation of division (A) of section 2903.04 or of
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24
of the Revised Code;
(b) A conspiracy or attempt to commit, or complicity in
committing, aggravated murder, murder, any other offense for which
the maximum penalty is death or imprisonment for life, or any
offense listed in division (D)(1)(a) of this section.
(2) The offender may earn one day of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is a sexually oriented offense and the offender was
convicted of or pleaded guilty to that offense prior to the
effective date of this amendment.
(3) The offender may earn one day of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the offense for which the offender is confined is any
felony other than carrying a concealed weapon an essential element
of which is any conduct or failure to act expressly involving any
deadly weapon or dangerous ordnance.
(4) The offender may earn five days of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is a felony of the first or second degree and divisions
(D)(1), (2), and (3) of this section do not apply to the offender.
(5) The offender may earn five days of credit under division
(A) of this section, except as provided in division (C) of this
section or in section 2929.13, 2929.14, or 2967.13 of the Revised
Code, if the most serious offense for which the offender is
confined is a felony of the third, fourth, or fifth degree or an
unclassified felony and neither division (D)(2) nor (3) of this
section applies to the offender.
(E) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2967.28. (A) As used in this section:
(1) "Monitored time" means the monitored time sanction
specified in section 2929.17 of the Revised Code.
(2) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.
(3) "Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.
(B) Each sentence to a prison term for a felony of the first
degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's release from imprisonment. If a court imposes a
sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a sentencing
court to notify the offender pursuant to division (B)(3)(c) of
section 2929.19 of the Revised Code of this requirement or to
include in the judgment of conviction entered on the journal a
statement that the offender's sentence includes this requirement
does not negate, limit, or otherwise affect the mandatory period
of supervision that is required for the offender under this
division. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to notify the
offender pursuant to division (B)(3)(c) of section 2929.19 of the
Revised Code regarding post-release control or to include in the
judgment of conviction entered on the journal or in the sentence
pursuant to division (F)(1) of section 2929.14 of the Revised Code
a statement regarding post-release control. Unless reduced by the
parole board pursuant to division (D) of this section when
authorized under that division, a period of post-release control
required by this division for an offender shall be of one of the
following periods:
(1) For a felony of the first degree or for a felony sex
offense, five years;
(2) For a felony of the second degree that is not a felony
sex offense, three years;
(3) For a felony of the third degree that is not a felony sex
offense and in the commission of which the offender caused or
threatened physical harm to a person, three years.
(C) Any sentence to a prison term for a felony of the third,
fourth, or fifth degree that is not subject to division (B)(1) or
(3) of this section shall include a requirement that the offender
be subject to a period of post-release control of up to three
years after the offender's release from imprisonment, if the
parole board, in accordance with division (D) of this section,
determines that a period of post-release control is necessary for
that offender. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
notify the offender pursuant to division (B)(3)(d) of section
2929.19 of the Revised Code regarding post-release control or to
include in the judgment of conviction entered on the journal or in
the sentence pursuant to division (F)(2) of section 2929.14 of the
Revised Code a statement regarding post-release control. Pursuant
to an agreement entered into under section 2967.29 of the Revised
Code, a court of common pleas or parole board may impose sanctions
or conditions on an offender who is placed on post-release control
under this division.
(D)(1) Before the prisoner is released from imprisonment, the
parole board or, pursuant to an agreement under section 2967.29 of
the Revised Code, the court shall impose upon a prisoner described
in division (B) of this section, may impose upon a prisoner
described in division (C) of this section, and shall impose upon a
prisoner described in division (B)(2)(b) of section 5120.031 or in
division (B)(1) of section 5120.032 of the Revised Code, one or
more post-release control sanctions to apply during the prisoner's
period of post-release control. Whenever the board or court
imposes one or more post-release control sanctions upon a
prisoner, the board or court, in addition to imposing the
sanctions, also shall include as a condition of the post-release
control that the offender not leave the state without permission
of the court or the offender's parole or probation officer and
that the offender abide by the law. The board or court may impose
any other conditions of release under a post-release control
sanction that the board or court considers appropriate, and the
conditions of release may include any community residential
sanction, community nonresidential sanction, or financial sanction
that the sentencing court was authorized to impose pursuant to
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior
to the release of a prisoner for whom it will impose one or more
post-release control sanctions under this division, the parole
board or court shall review the prisoner's criminal history,
results from the single validated risk assessment tool selected by
the department of rehabilitation and correction under section
5120.114 of the Revised Code, all juvenile court adjudications
finding the prisoner, while a juvenile, to be a delinquent child,
and the record of the prisoner's conduct while imprisoned. The
parole board or court shall consider any recommendation regarding
post-release control sanctions for the prisoner made by the office
of victims' services. After considering those materials, the board
or court shall determine, for a prisoner described in division (B)
of this section, division (B)(2)(b) of section 5120.031, or
division (B)(1) of section 5120.032 of the Revised Code, which
post-release control sanction or combination of post-release
control sanctions is reasonable under the circumstances or, for a
prisoner described in division (C) of this section, whether a
post-release control sanction is necessary and, if so, which
post-release control sanction or combination of post-release
control sanctions is reasonable under the circumstances. In the
case of a prisoner convicted of a felony of the fourth or fifth
degree other than a felony sex offense, the board or court shall
presume that monitored time is the appropriate post-release
control sanction unless the board or court determines that a more
restrictive sanction is warranted. A post-release control sanction
imposed under this division takes effect upon the prisoner's
release from imprisonment.
Regardless of whether the prisoner was sentenced to the
prison term prior to, on, or after July 11, 2006, prior to the
release of a prisoner for whom it will impose one or more
post-release control sanctions under this division, the parole
board shall notify the prisoner that, if the prisoner violates any
sanction so imposed or any condition of post-release control
described in division (B) of section 2967.131 of the Revised Code
that is imposed on the prisoner, the parole board may impose a
prison term of up to one-half of the stated prison term originally
imposed upon the prisoner.
(2) If a prisoner who is placed on post-release control under
this section is released before the expiration of the prisoner's
stated prison term by reason of credit earned under section
2967.193 of the Revised Code and if the prisoner earned sixty or
more days of credit, the adult parole authority shall supervise
the offender with an active global positioning system device for
the first fourteen days after the offender's release from
imprisonment. This division does not prohibit or limit the
imposition of any post-release control sanction otherwise
authorized by this section.
(3) At any time after a prisoner is released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole authority or,
pursuant to an agreement under section 2967.29 of the Revised
Code, the court may review the releasee's behavior under the
post-release control sanctions imposed upon the releasee under
this section. The authority or court may determine, based upon the
review and in accordance with the standards established under
division (E) of this section, that a more restrictive or a less
restrictive sanction is appropriate and may impose a different
sanction. The authority also may recommend that the parole board
or court increase or reduce the duration of the period of
post-release control imposed by the court. If the authority
recommends that the board or court increase the duration of
post-release control, the board or court shall review the
releasee's behavior and may increase the duration of the period of
post-release control imposed by the court up to eight years. If
the authority recommends that the board or court reduce the
duration of control for an offense described in division (B) or
(C) of this section, the board or court shall review the
releasee's behavior and may reduce the duration of the period of
control imposed by the court. In no case shall the board or court
reduce the duration of the period of control imposed for an
offense described in division (B)(1) of this section to a period
less than the length of the stated prison term originally imposed,
and in no case shall the board or court permit the releasee to
leave the state without permission of the court or the releasee's
parole or probation officer.
(E) The department of rehabilitation and correction, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules that do all of the following:
(1) Establish standards for the imposition by the parole
board of post-release control sanctions under this section that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised Code and
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can
determine which prisoners described in division (C) of this
section should be placed under a period of post-release control;
(3) Establish standards to be used by the parole board in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release control
sanction than monitored time upon a prisoner convicted of a felony
of the fourth or fifth degree other than a felony sex offense, or
in imposing a less restrictive control sanction upon a releasee
based on the releasee's activities including, but not limited to,
remaining free from criminal activity and from the abuse of
alcohol or other drugs, successfully participating in approved
rehabilitation programs, maintaining employment, and paying
restitution to the victim or meeting the terms of other financial
sanctions;
(4) Establish standards to be used by the adult parole
authority in modifying a releasee's post-release control sanctions
pursuant to division (D)(2) of this section;
(5) Establish standards to be used by the adult parole
authority or parole board in imposing further sanctions under
division (F) of this section on releasees who violate post-release
control sanctions, including standards that do the following:
(a) Classify violations according to the degree of
seriousness;
(b) Define the circumstances under which formal action by the
parole board is warranted;
(c) Govern the use of evidence at violation hearings;
(d) Ensure procedural due process to an alleged violator;
(e) Prescribe nonresidential community control sanctions for
most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to
imprisonment for violations of post-release control.
(F)(1) Whenever the parole board imposes one or more
post-release control sanctions upon an offender under this
section, the offender upon release from imprisonment shall be
under the general jurisdiction of the adult parole authority and
generally shall be supervised by the field services section
through its staff of parole and field officers as described in
section 5149.04 of the Revised Code, as if the offender had been
placed on parole. If the offender upon release from imprisonment
violates the post-release control sanction or any conditions
described in division (A) of section 2967.131 of the Revised Code
that are imposed on the offender, the public or private person or
entity that operates or administers the sanction or the program or
activity that comprises the sanction shall report the violation
directly to the adult parole authority or to the officer of the
authority who supervises the offender. The authority's officers
may treat the offender as if the offender were on parole and in
violation of the parole, and otherwise shall comply with this
section.
(2) If the adult parole authority or, pursuant to an
agreement under section 2967.29 of the Revised Code, the court
determines that a releasee has violated a post-release control
sanction or any conditions described in division (A) of section
2967.131 of the Revised Code imposed upon the releasee and that a
more restrictive sanction is appropriate, the authority or court
may impose a more restrictive sanction upon the releasee, in
accordance with the standards established under division (E) of
this section or in accordance with the agreement made under
section 2967.29 of the Revised Code, or may report the violation
to the parole board for a hearing pursuant to division (F)(3) of
this section. The authority or court may not, pursuant to this
division, increase the duration of the releasee's post-release
control or impose as a post-release control sanction a residential
sanction that includes a prison term, but the authority or court
may impose on the releasee any other residential sanction,
nonresidential sanction, or financial sanction that the sentencing
court was authorized to impose pursuant to sections 2929.16,
2929.17, and 2929.18 of the Revised Code.
(3) The parole board or, pursuant to an agreement under
section 2967.29 of the Revised Code, the court may hold a hearing
on any alleged violation by a releasee of a post-release control
sanction or any conditions described in division (A) of section
2967.131 of the Revised Code that are imposed upon the releasee.
If after the hearing the board or court finds that the releasee
violated the sanction or condition, the board or court may
increase the duration of the releasee's post-release control up to
the maximum duration authorized by division (B) or (C) of this
section or impose a more restrictive post-release control
sanction. When appropriate, the board or court may impose as a
post-release control sanction a residential sanction that includes
a prison term. The board or court shall consider a prison term as
a post-release control sanction imposed for a violation of
post-release control when the violation involves a deadly weapon
or dangerous ordnance, physical harm or attempted serious physical
harm to a person, or sexual misconduct, or when the releasee
committed repeated violations of post-release control sanctions.
Unless a releasee's stated prison term was reduced pursuant to
section 5120.032 of the Revised Code, the period of a prison term
that is imposed as a post-release control sanction under this
division shall not exceed nine months, and the maximum cumulative
prison term for all violations under this division shall not
exceed one-half of the stated prison term originally imposed upon
the offender as part of this sentence. If a releasee's stated
prison term was reduced pursuant to section 5120.032 of the
Revised Code, the period of a prison term that is imposed as a
post-release control sanction under this division and the maximum
cumulative prison term for all violations under this division
shall not exceed the period of time not served in prison under the
sentence imposed by the court. The period of a prison term that is
imposed as a post-release control sanction under this division
shall not count as, or be credited toward, the remaining period of
post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board or
court, plus one-half of the total stated prison term of the new
felony.
(4) Any period of post-release control shall commence upon an
offender's actual release from prison. If an offender is serving
an indefinite prison term or a life sentence in addition to a
stated prison term, the offender shall serve the period of
post-release control in the following manner:
(a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a life sentence or an indefinite sentence, and if the period
of post-release control ends prior to the period of parole, the
offender shall be supervised on parole. The offender shall receive
credit for post-release control supervision during the period of
parole. The offender is not eligible for final release under
section 2967.16 of the Revised Code until the post-release control
period otherwise would have ended.
(b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an indefinite sentence, and if the period of parole ends
prior to the period of post-release control, the offender shall be
supervised on post-release control. The requirements of parole
supervision shall be satisfied during the post-release control
period.
(c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the sentences shall be the period of post-release control that
expires last, as determined by the parole board or court. Periods
of post-release control shall be served concurrently and shall not
be imposed consecutively to each other.
(d) The period of post-release control for a releasee who
commits a felony while under post-release control for an earlier
felony shall be the longer of the period of post-release control
specified for the new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board or court.
Sec. 2981.07. (A) No person shall destroy, damage, remove, or
transfer property that is subject to forfeiture or otherwise take
any action in regard to property that is subject to forfeiture
with purpose to do any of the following:
(1) Prevent or impair the state's or political subdivision's
lawful authority to take the property into its custody or control
under this chapter or to continue holding the property under its
lawful custody or control;
(2) Impair or defeat the court's continuing jurisdiction over
the person and property;
(3) Devalue property that the person knows, or has reasonable
cause to believe, is subject to forfeiture proceedings under this
chapter.
(B)(1) Whoever violates this section is guilty of
interference with or diminishing forfeitable property.
(2) Except as otherwise provided in divisions (B)(3), (4),
and (5) of this section, interference with or diminishing
forfeitable property is a misdemeanor of the first degree.
(3) If the value of the property is five hundred one thousand
dollars or more but less than five seven thousand five hundred
dollars, interference with or diminishing forfeitable property is
a felony of the fifth degree.
(4) If the value of the property is five seven thousand five
hundred dollars or more but less than one hundred fifty thousand
dollars, interference with or diminishing forfeitable property is
a felony of the fourth degree.
(5) If the value of the property is one hundred fifty
thousand dollars or more, interference with or diminishing
forfeitable property is a felony of the third degree.
Sec. 4507.51. (A)(1) Every application for an identification
card or duplicate shall be made on a form furnished by the
registrar of motor vehicles, shall be signed by the applicant, and
by the applicant's parent or guardian if the applicant is under
eighteen years of age, and shall contain the following information
pertaining to the applicant: name, date of birth, sex, general
description including the applicant's height, weight, hair color,
and eye color, address, and social security number. The
application also shall state whether an applicant wishes to
certify willingness to make an anatomical gift under section
2108.05 of the Revised Code and shall include information about
the requirements of sections 2108.01 to 2108.29 of the Revised
Code that apply to persons who are less than eighteen years of
age. The statement regarding willingness to make such a donation
shall be given no consideration in the decision of whether to
issue an identification card. Each applicant shall be photographed
in color at the time of making application.
(2)(a) The application also shall state whether the applicant
has executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has
executed a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment pursuant
to sections 2133.01 to 2133.15 of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the identification card issued to indicate that
the applicant has executed the instrument.
(b) On and after October 7, 2009, the application also shall
state whether the applicant is a veteran, active duty, or
reservist of the armed forces of the United States and, if the
applicant is such, whether the applicant wishes the identification
card issued to indicate that the applicant is a veteran, active
duty, or reservist of the armed forces of the United States by a
military designation on the identification card.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any person who applies for an identification card or duplicate if
the applicant is eligible and wishes to be registered as an
elector. The decision of an applicant whether to register as an
elector shall be given no consideration in the decision of whether
to issue the applicant an identification card or duplicate.
(B) The application for an identification card or duplicate
shall be filed in the office of the registrar or deputy registrar.
Each applicant shall present documentary evidence as required by
the registrar of the applicant's age and identity, and the
applicant shall swear that all information given is true. An
identification card issued by the department of rehabilitation and
correction under section 5120.59 of the Revised Code shall be
sufficient documentary evidence under this division upon
verification of the applicant's social security number by the
registrar or a deputy registrar. Upon issuing an identification
card under this section for a person who has been issued an
identification card under section 5120.59 of the Revised Code, the
registrar or deputy registrar shall destroy the identification
card issued under section 5120.59 of the Revised Code.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
(C) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the form furnished by the registrar of motor
vehicles for an application for an identification card or
duplicate shall inform applicants that the applicant must present
a copy of the applicant's DD-214 or an equivalent document in
order to qualify to have the card or duplicate indicate that the
applicant is an honorably discharged veteran of the armed forces
of the United States based on a request made pursuant to division
(A)(2)(b) of this section.
Sec. 5120.035. (A) As used in this section:
(1) "Alcohol and drug addiction services" has the same
meaning as in section 3793.01 of the Revised Code.
(2) "Second Chance Act" means the "Second Chance Act of 2007:
Community Safety Through Recidivism Prevention," 122 Stat. 657, 42
U.S.C. 17501, et seq., as now or hereafter amended.
(B) The department of rehabilitation and correction, together
with the department of alcohol and drug addiction services as the
single state authority for alcohol and drug addiction services,
shall develop an implementation plan related to any funding
approved by the bureau of justice assistance of the United States
department of justice through the Second Chance Act related to
reentry of offenders into the community. The department of
rehabilitation and correction, together with the department of
alcohol and drug addiction services, shall develop the plan not
later than ninety days after either of the departments is notified
by the United States department of justice that this state will
receive funding through the Second Chance Act. The implementation
plan shall include, but is not limited to, all of the following:
(1) A process and funding system for the reentry of offenders
seeking alcohol and drug addiction services;
(2) The planning, development, implementation, outcomes,
monitoring, regulation, and evaluation of a statewide system for
clinically appropriate alcohol and drug addiction services.
Sec. 5120.036. (A) The department of rehabilitation and
correction shall provide risk reduction programming and treatment
for inmates whom a court under section 2929.143 of the Revised
Code recommends serve a risk reduction sentence and who meet the
eligibility criteria described in division (B) of this section.
(B) If an offender is sentenced to a term of imprisonment in
a state correctional institution and the sentencing court
recommended that the offender serve a risk reduction sentence, the
department of rehabilitation and correction shall conduct a
validated and objective assessment of the person's needs and risk
of reoffending. If the offender cooperates with the risk
assessment and agrees to participate in any programming or
treatment ordered by the department, the department shall provide
programming and treatment to the offender to address the risks and
needs identified in the assessment.
(C) If the department determines that an offender serving a
term of incarceration for whom the sentencing court recommended a
risk reduction sentence under section 2929.143 of the Revised Code
has successfully completed the assessment and treatment or
programming required by the department under division (B) of this
section, the department shall release the offender to supervised
release after the offender has served a minimum of seventy-five
per cent of that term of incarceration. The department shall
notify the sentencing court that the offender has successfully
completed the terms of the risk reduction sentence at least thirty
days prior to the date upon which the offender is to be released.
Sec. 5120.07. (A) There is hereby created the ex-offender
reentry coalition consisting of the following seventeen members or
their designees:
(1) The director of rehabilitation and correction;
(2) The director of aging;
(3) The director of alcohol and drug addiction services;
(4) The director of development;
(5) The superintendent of public instruction;
(6) The director of health;
(7) The director of job and family services;
(8) The director of mental health;
(9) The director of developmental disabilities;
(10) The director of public safety;
(11) The director of youth services;
(12) The chancellor of the Ohio board of regents;
(13) The director A representative or member of the
governor's office of external affairs and economic opportunity
staff;
(14) The director of the governor's office of faith-based and
community initiatives;
(15) The director of the rehabilitation services commission;
(16)(15) The director of the department of commerce;
(17)(16) The executive director of a health care licensing
board created under Title XLVII of the Revised Code, as appointed
by the chairperson of the coalition;
(17) The director of veterans services.
(B) The members of the coalition shall serve without
compensation. The director of rehabilitation and correction or the
director's designee shall be the chairperson of the coalition.
(C) In consultation with persons interested and involved in
the reentry of ex-offenders into the community, including but not
limited to, service providers, community-based organizations, and
local governments, the coalition shall identify and examine social
service barriers and other obstacles to the reentry of
ex-offenders into the community. Not later than one year after
April 7, 2009, and on or before the same date of each year
thereafter, the coalition shall submit to the speaker of the house
of representatives and the president of the senate a report,
including recommendations for legislative action, the activities
of the coalition, and the barriers affecting the successful
reentry of ex-offenders into the community. The report shall
analyze the effects of those barriers on ex-offenders and on their
children and other family members in various areas, including but
not limited to, the following:
(1) Admission to public and other housing;
(2) Child support obligations and procedures;
(3) Parental incarceration and family reunification;
(4) Social security benefits, veterans' benefits, food
stamps, and other forms of public assistance;
(6) Education programs and financial assistance;
(7) Substance abuse, mental health, and sex offender
treatment programs and financial assistance;
(8) Civic and political participation;
(9) Other collateral consequences under the Revised Code or
the Ohio administrative code law that may result from a criminal
conviction.
(D)(1) The report shall also include the following
information:
(a) Identification of state appropriations for reentry
programs;
(b) Identification of other funding sources for reentry
programs that are not funded by the state;
(2) The coalition shall gather information about reentry
programs in a repository maintained and made available by the
coalition. Where available , the information shall include the
following:
(a) The amount of funding received;
(b) The number of program participants;
(c) The composition of the program, including program goals,
methods for measuring success, and program success rate;
(d) The type of post-program tracking that is utilized;
(e) Information about employment rates and recidivism rates
of ex-offenders.
(E) The coalition shall cease to exist on December 31, 2014.
Sec. 5120.10. (A)(1) The director of rehabilitation and
correction, by rule, shall promulgate minimum standards for jails
in Ohio, including minimum security jails dedicated under section
341.34 or 753.21 of the Revised Code. Whenever the director files
a rule or an amendment to a rule in final form with both the
secretary of state and the director of the legislative service
commission pursuant to section 111.15 of the Revised Code, the
director of rehabilitation and correction promptly shall send a
copy of the rule or amendment, if the rule or amendment pertains
to minimum jail standards, by ordinary mail to the political
subdivisions or affiliations of political subdivisions that
operate jails to which the standards apply.
(2) The rules promulgated in accordance with division (A)(1)
of this section shall serve as criteria for the investigative and
supervisory powers and duties vested by division (D) of this
section in the division of parole and community services of the
department of rehabilitation and correction or in another division
of the department to which those powers and duties are assigned.
(B) The director may initiate an action in the court of
common pleas of the county in which a facility that is subject to
the rules promulgated under division (A)(1) of this section is
situated to enjoin compliance with the minimum standards for jails
or with the minimum standards and minimum renovation,
modification, and construction criteria for minimum security
jails.
(C) Upon the request of an administrator of a jail facility,
the chief executive of a municipal corporation, or a board of
county commissioners, the director of rehabilitation and
correction or the director's designee shall grant a variance from
the minimum standards for jails in Ohio for a facility that is
subject to one of those minimum standards when the director
determines that strict compliance with the minimum standards would
cause unusual, practical difficulties or financial hardship, that
existing or alternative practices meet the intent of the minimum
standards, and that granting a variance would not seriously affect
the security of the facility, the supervision of the inmates, or
the safe, healthful operation of the facility. If the director or
the director's designee denies a variance, the applicant may
appeal the denial pursuant to section 119.12 of the Revised Code.
(D) The following powers and duties shall be exercised by the
division of parole and community services unless assigned to
another division by the director:
(1) The investigation and supervision of county and municipal
jails, workhouses, minimum security jails, and other correctional
institutions and agencies;
(2) The review and approval of plans submitted to the
department of rehabilitation and correction pursuant to division
(E) of this section;
(3) The management and supervision of the adult parole
authority created by section 5149.02 of the Revised Code;
(4) The review and approval of proposals for community-based
correctional facilities and programs and district community-based
correctional facilities and programs that are submitted pursuant
to division (B) of section 2301.51 of the Revised Code;
(5) The distribution of funds made available to the division
for purposes of assisting in the renovation, maintenance, and
operation of community-based correctional facilities and programs
and district community-based correctional facilities and programs
in accordance with section 5120.112 of the Revised Code;
(6) The performance of the duty imposed upon the department
of rehabilitation and correction in section 5149.31 of the Revised
Code to establish and administer a program of subsidies to
eligible municipal corporations, counties, and groups of
contiguous counties for the development, implementation, and
operation of community-based corrections programs;
(7) Licensing halfway houses and community residential
centers for the care and treatment of adult offenders in
accordance with section 2967.14 of the Revised Code;
(8) Contracting with a public or private agency or a
department or political subdivision of the state that operates a
licensed halfway house or community residential center for the
provision of housing, supervision, and other services to parolees,
releasees, persons placed under a residential sanction, persons
under transitional control, and other eligible offenders in
accordance with section 2967.14 of the Revised Code.
Other powers and duties may be assigned by the director of
rehabilitation and correction to the division of parole and
community services. This section does not apply to the department
of youth services or its institutions or employees.
(E) No plan for any new jail, workhouse, or lockup, and no
plan for a substantial addition or alteration to an existing jail,
workhouse, or lockup, shall be adopted unless the officials
responsible for adopting the plan have submitted the plan to the
department of rehabilitation and correction for approval, and the
department has approved the plan as provided in division (D)(2) of
this section.
(F) The division of parole and community services shall
review, approve, and certify proposals for community alternative
sentencing centers and district community alternative sentencing
centers that are submitted pursuant to section 307.932 of the
Revised Code.
Sec. 5120.111. With respect to community-based correctional
facilities and programs and district community-based correctional
facilities and programs authorized under section 2301.51 of the
Revised Code and to community alternative sentencing centers and
district community alternative sentencing centers authorized under
section 307.932 of the Revised Code, the department of
rehabilitation and correction shall do all of the following:
(A) Adopt rules, under Chapter 119. of the Revised Code, that
serve as criteria for the operation of community-based
correctional facilities and programs and district community-based
correctional facilities and programs approved in accordance with
sections 2301.51 and 5120.10 of the Revised Code;
(B) Adopt rules, under Chapter 119. of the Revised Code,
governing the procedures for the submission of proposals for the
establishment of community-based correctional facilities and
programs and district community-based correctional facilities and
programs to the division of parole and community services under
division (B) of section 2301.51 of the Revised Code or for the
establishment and operation of community alternative sentencing
centers and district community alternative sentencing centers
under section 307.932 of the Revised Code and adopt rules under
Chapter 119. of the Revised Code that establish certification
guidelines for community alternative sentencing centers and
district community alternative sentencing centers under section
307.932 of the Revised Code;
(C) Prescribe forms that are to be used by facility governing
boards of community-based correctional facilities and programs and
district community-based correctional facilities and programs in
making application for state financial assistance under section
2301.56 of the Revised Code;
(D) Adopt rules, under Chapter 119. of the Revised Code, that
prescribe the standards of operation for the facilities and
programs that must be satisfied for the community-based
correctional facilities and programs and district community-based
correctional facilities and programs to be eligible for state
financial assistance;
(E) Through the division of parole and community services,
accept and review proposals for the establishment of the
community-based correctional facilities and programs and district
community-based correctional facilities and programs and approve
those proposals that satisfy the minimum requirements contained in
section 2301.52 of the Revised Code; and administer the program
for state financial assistance to the facilities and programs in
accordance with section 5120.112 of the Revised Code;
(F) Accept, through the division of parole and community
services, and review proposals for the establishment and operation
of community alternative sentencing centers and district community
alternative sentencing centers and approve and certify those
proposals that satisfy the requirements contained in section
307.932 of the Revised Code.
Sec. 5120.113. (A) For each inmate committed to the
department of rehabilitation and correction, except as provided in
division (B) of this section, the department shall prepare a
written reentry plan for the inmate to help guide the inmate's
rehabilitation program during imprisonment, to assist in the
inmate's reentry into the community, and to assess the inmate's
needs upon release.
(B) Division (A) of this section does not apply to an inmate
who has been sentenced to life imprisonment without parole or who
has been sentenced to death. Division (A) of this section does not
apply to any inmate who is expected to be imprisoned for thirty
days or less, but the department may prepare a written reentry
plan of the type described in that division if the department
determines that the plan is needed.
(C) The department may collect, if available, any social and
other information that will aid in the preparation of reentry
plans under this section.
(D) In the event the department does not prepare a written
reentry plan as specified in division (A) of this section, or
makes a decision to not prepare a written reentry plan under
division (B) of this section or to not collect information under
division (C) of this section, that fact does not give rise to a
claim for damages against the state, the department, the director
of the department, or any employee of the department.
Sec. 5120.114. (A) The department of rehabilitation and
correction shall select a single validated risk assessment tool.
This assessment tool shall be used by the following entities:
(4) Municipal court departments of probation;
(5) County departments of probation;
(6) Probation departments established by two or more
counties;
(7) State and local correctional institutions;
(8) Private correctional facilities;
(9) Community-based correctional facilities;
(10) The adult parole authority;
(B) All employees of entities required to use the assessment
tool shall be trained and certified by a trainer who is certified
by the department. Each entity utilizing the assessment tool shall
develop policies and protocols regarding all of the following
activities:
(1) Application and integration of the assessment tool into
operations, supervision, and case planning;
(2) Administrative oversight of the use of the assessment
tool;
(5) Data collection and sharing as described under section
5120.115 of the Revised Code.
Sec. 5120.115. (A) Each authorized user of the single
validated risk assessment tool described in section 5120.114 of
the Revised Code shall have access to all reports generated by the
risk assessment tool and all data stored in the risk assessment
tool. An authorized user may disclose any report generated by the
risk assessment tool to law enforcement agencies, halfway houses,
and medical, mental health, and substance abuse treatment
providers for penological and rehabilitative purposes. The user
shall make the disclosure in a manner calculated to maintain the
report's confidentiality.
(B) All reports generated by or data collected in the risk
assessment tool are confidential information and are not a public
record. No person shall disclose any report generated by or data
collected in the risk assessment tool except as provided in
division (A) of this section.
(C) As used in this section, "public record" has the same
meaning as in section 149.43 of the Revised Code.
Sec. 5120.16. (A) Persons sentenced to any institution,
division, or place under the control of the department of
rehabilitation and correction are committed to the control, care,
and custody of the department. Subject to division (B) of this
section, the director of rehabilitation and correction or the
director's designee may direct that persons sentenced to the
department, or to any institution or place within the department,
shall be conveyed initially to an appropriate facility established
and maintained by the department for reception, examination,
observation, and classification of the persons so sentenced. If a
presentence investigation report was not prepared pursuant to
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule
32.2 regarding any person sentenced to the department or to any
institution or place within the department, the director or the
director's designee may order the department's field staff to
conduct an offender background investigation and prepare an
offender background investigation report regarding the person. The
investigation and report shall be conducted in accordance with
division (A) of section 2951.03 of the Revised Code and the report
shall contain the same information as a presentence investigation
report prepared pursuant to that section.
When the examination, observation, and classification of the
person have been completed by the facility and a written report of
the examination, observation, and classification is filed with the
commitment papers, the director or the director's designee,
subject to division (B) of this section, shall assign the person
to a suitable state institution or place maintained by the state
within the director's department or shall designate that the
person is to be housed in a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse, if
authorized by section 5120.161 of the Revised Code, there to be
confined, cared for, treated, trained, and rehabilitated until
paroled, released in accordance with section 2929.20, 2967.26, or
2967.28, or 5120.036 of the Revised Code, or otherwise released
under the order of the court that imposed the person's sentence.
No person committed by a probate court, a trial court pursuant to
section 2945.40, 2945.401, or 2945.402 of the Revised Code
subsequent to a finding of not guilty by reason of insanity, or a
juvenile court shall be assigned to a state correctional
institution.
If a person is sentenced, committed, or assigned for the
commission of a felony to any one of the institutions or places
maintained by the department or to a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, the department, by order duly recorded and subject to
division (B) of this section, may transfer the person to any other
institution, or, if authorized by section 5120.161 of the Revised
Code, to a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse.
(B) If the case of a child who is alleged to be a delinquent
child is transferred for criminal prosecution to the appropriate
court having jurisdiction of the offense pursuant to section
2152.12 of the Revised Code, if the child is convicted of or
pleads guilty to a felony in that case, if the child is sentenced
to a prison term, as defined in section 2901.01 of the Revised
Code, and if the child is under eighteen years of age when
delivered to the custody of the department of rehabilitation and
correction, all of the following apply regarding the housing of
the child:
(1) Until the child attains eighteen years of age, subject to
divisions (B)(2), (3), and (4) of this section, the department
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age or
older.
(2) The department is not required to house the child in the
manner described in division (B)(1) of this section if the child
does not observe the rules and regulations of the institution or
the child otherwise creates a security risk by being housed
separately.
(3) If the department receives too few inmates who are under
eighteen years of age to fill a housing unit in a state
correctional institution separate from inmates who are eighteen
years of age or older, as described in division (B)(1) of this
section, the department may house the child in a housing unit in a
state correctional institution that includes both inmates who are
under eighteen years of age and inmates who are eighteen years of
age or older and under twenty-one years of age.
(4) Upon the child's attainment of eighteen years of age, the
department may house the child with the adult population of the
state correctional institution.
(C) The director or the director's designee shall develop a
policy for dealing with problems related to infection with the
human immunodeficiency virus. The policy shall include methods of
identifying individuals committed to the custody of the department
who are at high risk of infection with the virus and counseling
those individuals.
Arrangements for housing individuals diagnosed as having AIDS
or an AIDS-related condition shall be made by the department based
on security and medical considerations and in accordance with
division (B) of this section, if applicable.
Sec. 5120.331. (A) Not later than the first day of April of
each year, the department of rehabilitation and correction shall
prepare an annual report covering the preceding calendar year that
does all of the following:
(1) Indicates the total number of persons sentenced to any
institution, division, or place under its control and management
who are delivered within that calendar year to its custody and
control;
(2) Indicates the total number of persons who, during that
calendar year, were released from a prison term on any of the
following bases:
(a) On judicial release under section 2929.20 of the Revised
Code;
(b) On transitional control under section 2967.26 of the
Revised Code;
(c) As a result of successfully completing a risk reduction
sentence under section 5120.036 of the Revised Code;
(d)(e) Due to the expiration of the stated prison term
imposed;
(e)(f) On any basis not described in divisions (A)(2)(a) to
(d)(e) of this section.
(3) Lists each offense, by Revised Code section number and,
if applicable, by designated name, for which at least one person
who was released from a prison term in that calendar year was
serving a prison term at the time of release;
(4) For each offense included in the list described in
division (A)(3) of this section, indicates all of the following:
(a) The total number of persons released from a prison term
in that calendar year who were serving a prison term for that
offense at the time of release;
(b) The shortest, longest, and average prison term that had
been imposed for that offense upon the persons described in
division (A)(4)(a) of this section and that they were serving at
the time of release;
(c) The shortest, longest, and average period of imprisonment
actually served by the persons described in division (A)(4)(a) of
this section under a prison term that had been imposed for that
offense upon them and that they were serving at the time of
release;
(d) The total number of persons released from a prison term
in that calendar year under each of the bases for release set
forth in division (A)(2) of this section who were serving a prison
term for that offense at the time of release;
(e) The shortest, longest, and average prison term that had
been imposed for that offense upon the persons in each category
described in division (A)(4)(d) of this section and that they were
serving at the time of release;
(f) The shortest, longest, and average period of imprisonment
actually served by the persons in each category described in
division (A)(4)(d) of this section under a prison term that had
been imposed for that offense upon them and that they were serving
at the time of release.
(B) No report prepared under division (A) of this section
shall identify or enable the identification of any person released
from a prison term in the preceding calendar year.
(C) Each annual report prepared under division (A) of this
section shall be distributed to each member of the general
assembly.
(D) As used in this section, "prison term" and "stated prison
term" have the same meanings as in section 2929.01 of the Revised
Code.
Sec. 5120.48. (A) If a prisoner escapes from a state
correctional institution, the managing officer of the institution,
after consultation with and upon the advice of appropriate law
enforcement officials, shall assign and deploy into the community
appropriate staff persons necessary to apprehend the prisoner.
Correctional officers and officials may carry firearms when
required in the discharge of their duties in apprehending, taking
into custody, or transporting to a place of confinement a prisoner
who has escaped from a state correctional institution.
(B) If a prisoner is released from a state correctional
institution prior to the lawful end of the person's prison term or
term of imprisonment, whether by error, inadvertence, fraud, or
any other cause except a lawful parole or judicial release granted
pursuant to section 2929.20 of the Revised Code or the successful
completion of a risk reduction sentence under section 5120.036 of
the Revised Code, the managing officer of the institution, after
consulting with the bureau of sentence computation, shall notify
the chief of the adult parole authority, the office of victim
services of the division of parole and community services, and the
sentencing court of the mistaken release. Upon the direction of
the chief, or the chief's designee, field officers of the
authority may arrest the prisoner without a warrant and return the
prisoner to the state correctional institution to complete the
balance of the prisoner's sentence. The chief of the adult parole
authority, or the chief's designee, may require the assistance of
any peace officer or law enforcement officer in the apprehension
of a prisoner of that nature.
Sec. 5120.59. Before a prisoner is released from a state
correctional institution, the department of rehabilitation and
correction shall attempt to verify the prisoner's identification
and social security number. If the department is not able to
verify the prisoner's identification and social security number,
if the prisoner has no other documentary evidence required by the
registrar of motor vehicles for the issuance of an identification
card under section 4507.50 of the Revised Code, and if the
department determines that the prisoner is legally living in the
United States, the department shall issue to the prisoner upon the
prisoner's release an identification card that the prisoner may
present to the registrar or a deputy registrar of motor vehicles
to obtain an identification card under section 4507.50 of the
Revised Code. The director of rehabilitation and correction may
adopt rules for the implementation of this section.
Sec. 5120.60. (A) There is hereby created in the division of
parole and community services the office of victims' victim
services.
(B) The office shall provide assistance to victims of crime,
victims' representatives designated under section 2930.02 of the
Revised Code, and members of the victim's family. The assistance
shall include, but not be limited to, providing information about
the policies and procedures of the department of rehabilitation
and correction and the status of offenders under the department's
jurisdiction.
(C) The office shall also make available publications that
will assist victims in contacting staff of the department about
problems with offenders under the supervision of the adult parole
authority or confined in state correctional institutions under the
department's jurisdiction.
(D) The office shall employ a victims victim coordinator who
shall administer the office's functions. The victims victim
coordinator shall be in the unclassified civil service and report
directly to the chief of the division.
(E) The office shall also employ at least three persons in
the unclassified civil service whose primary duties shall be to
help parole board hearing officers identify victims' issues and to
make recommendations to the parole board in accordance with rules
adopted by the department. The member of the parole board
appointed pursuant to division (B) of section 5149.10 of the
Revised Code shall approve the hiring of the employees of the
office.
(F) The office shall coordinate its activities with the
member of the parole board appointed pursuant to division (B) of
section 5149.10 of the Revised Code. The
victims victim
coordinator and other employees of the office shall have full
access to records of prisoners under the department's
jurisdiction.
(G) Information provided to the office of victim services by
victims of crime or a victim representative designated under
section 2930.02 of the Revised Code for the purpose of program
participation, of receiving services, or to communicate acts of an
inmate or person under the supervision of the adult parole
authority that threaten the safety and security of the victim
shall be confidential and is not a public record under section
149.43 of the Revised Code.
(H)(1) If a person who was convicted of or pleaded guilty to
an offense of violence that is a felony escapes from a
correctional institution under the control of the department of
rehabilitation and correction or otherwise escapes from the
custody of the department, the office of victim services shall
notify each victim of the offense or offenses committed by that
person of that person's escape and, if applicable, of that
person's subsequent apprehension. The office shall give this
notice as soon as practicable after the escape and the office
identifies and locates the victim. The office shall give this
notice to each victim of the escaped person, regardless of whether
the victim is registered for notification with the office, unless
the victim has specifically notified the office that the victim
does not wish to be notified regarding the person.
The office may give the notice required by this division by
telephone, in person, or by e-mail or other electronic means. If
the office cannot locate a victim to whom notice is to be provided
under this division, the office shall send the notice in writing
to the last known address of that victim.
(2) If a person escapes as described in division (H)(1) of
this section, the office of victim services may request assistance
from the prosecuting attorney of the county in which the person
was convicted of or pleaded guilty to the offense in identifying
and locating the victim of the offense.
(I) Any reference in any Revised Code section other than this
section to the "office of victims' services" of the division of
parole and community services or of the department of
rehabilitation and correction shall be construed as being a
reference to, and meaning, the office of victim services created
by division (A) of this section.
(J) As used in this section, "crime," "member of the victim's
family," and "victim" have the meanings given in section 2930.01
of the Revised Code.
Sec. 5120.66. (A) Within ninety days after November 23,
2005, but not before January 1, 2006, the department of
rehabilitation and correction shall establish and operate on the
internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a
sentence imposed for a conviction of or plea of guilty to any
offense, all of the following information:
(b) For each offense for which the inmate was sentenced to a
prison term or term of imprisonment and is in the department's
custody, the name of the offense, the Revised Code section of
which the offense is a violation, the gender of each victim of the
offense if those facts are known, whether each victim of the
offense was an adult or child if those facts are known, the range
of the possible prison terms or term of imprisonment that could
have been imposed for the offense, the actual prison term or term
of imprisonment imposed for the offense, the county in which the
offense was committed, the date on which the inmate began serving
the prison term or term of imprisonment imposed for the offense,
and either the date on which the inmate will be eligible for
parole relative to the offense if the prison term or term of
imprisonment is an indefinite term or life term or the date on
which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable
regarding the inmate:
(i) If known to the department prior to the conduct of any
hearing for judicial release of the defendant pursuant to section
2929.20 of the Revised Code in relation to any prison term or term
of imprisonment the inmate is serving for any offense or any
hearing for release of the defendant pursuant to section 2967.19
of the Revised Code in relation to any such term, notice of the
fact that the inmate will be having a hearing regarding a possible
grant of judicial release or release, the date of the hearing, and
the right of any person pursuant to division (J) of
that section
2929.20 or division (H) of section 2967.19 of the Revised Code,
whichever is applicable, to submit to the court a written
statement regarding the possible judicial release; or release. The
department also shall post notice of the filing of any petition
for release of the inmate pursuant to section 2967.19 of the
Revised Code, as required by division (E) of that section.
(ii) If the inmate is serving a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code, prior to the conduct of any hearing pursuant to section
2971.05 of the Revised Code to determine whether to modify the
requirement that the inmate serve the entire prison term in a
state correctional facility in accordance with division (C) of
that section, whether to continue, revise, or revoke any existing
modification of that requirement, or whether to terminate the
prison term in accordance with division (D) of that section,
notice of the fact that the inmate will be having a hearing
regarding those determinations and of the date of the hearing;
(iii) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the inmate or
at least three weeks prior to a hearing before the adult parole
authority regarding a grant of parole to the inmate in relation to
any prison term or term of imprisonment the inmate is serving for
any offense, notice of the fact that the inmate might be under
consideration for a pardon or commutation of sentence or will be
having a hearing regarding a possible grant of parole, of the date
of any hearing regarding a possible grant of parole, and of the
right of any person to submit a written statement regarding the
pending action;
(iv) At least three weeks before the inmate is transferred to
transitional control under section 2967.26 of the Revised Code in
relation to any prison term or term of imprisonment the inmate is
serving for any offense, notice of the pendency of the transfer,
of the date of the possible transfer, and of the right of any
person to submit a statement regarding the possible transfer;
(v) Prompt notice of the inmate's escape from any facility in
which the inmate was incarcerated and of the capture of the inmate
after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement,
notice of the fact that the inmate will be released, of the date
of the release, and, if applicable, of the standard terms and
conditions of the release;
(viii) Notice of the inmate's judicial release pursuant to
section 2929.20 of the Revised Code or release pursuant to section
2967.19 of the Revised Code.
(2) Information as to where a person can send written
statements of the types referred to in divisions (A)(1)(c)(i),
(iii), and (iv) of this section.
(B)(1) The department shall update the database required
under division (A) of this section every twenty-four hours to
ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section
is a public record open for inspection under section 149.43 of the
Revised Code. The department shall make the database searchable by
inmate name and by the county and zip code where the offender
intends to reside after release from a state correctional
institution if this information is known to the department.
(3) The database required under division (A) of this section
may contain information regarding inmates who are listed in the
database in addition to the information described in that
division.
(4) No information included on the database required under
division (A) of this section shall identify or enable the
identification of any victim of any offense committed by an
inmate.
(C) The failure of the department to comply with the
requirements of division (A) or (B) of this section does not give
any rights or any grounds for appeal or post-conviction relief to
any inmate.
(D) This section, and the related provisions of sections
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted
in the act in which this section was enacted, shall be known as
"Laura's Law."
Sec. 5139.01. (A) As used in this chapter:
(1) "Commitment" means the transfer of the physical custody
of a child or youth from the court to the department of youth
services.
(2) "Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3) "Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and duty
to train, protect, and control the child; the responsibility to
provide the child with food, clothing, shelter, education, and
medical care; and the right to determine where and with whom the
child shall live, subject to the minimum periods of, or periods
of, institutional care prescribed in sections 2152.13 to 2152.18
of the Revised Code; provided, that these rights and
responsibilities are exercised subject to the powers, rights,
duties, and responsibilities of the guardian of the person of the
child, and subject to any residual parental rights and
responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general assembly and that is under the management and control of
the department of youth services or a private entity with which
the department has contracted for the institutional care and
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a day
for over a period of at least two consecutive weeks.
(6) "Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or division (C) of section 5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7) "Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of the child's person.
(8) "Discharge" means that the department of youth services'
legal custody of a child is terminated.
(9) "Release" means the termination of a child's stay in an
institution and the subsequent period during which the child
returns to the community under the terms and conditions of
supervised release.
(10) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(11) "Felony delinquent" means any child who is at least ten
years of age but less than eighteen years of age and who is
adjudicated a delinquent child for having committed an act that if
committed by an adult would be a felony. "Felony delinquent"
includes any adult who is between the ages of eighteen and
twenty-one and who is in the legal custody of the department of
youth services for having committed an act that if committed by an
adult would be a felony.
(12) "Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(13) "Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of youth services for the commission of an act, other
than a violation of section 2911.01 or 2911.11 of the Revised
Code, that is a category one offense or a category two offense and
who are in the care and custody of an institution or have been
diverted from care and custody in an institution and placed in a
community corrections facility;
(b) Felony delinquents who, while committed to the department
of youth services and in the care and custody of an institution or
a community corrections facility, are adjudicated delinquent
children for having committed in that institution or community
corrections facility an act that if committed by an adult would be
a misdemeanor or a felony;
(c) Children who satisfy all of the following:
(i) They are at least ten years of age but less than eighteen
years of age.
(ii) They are adjudicated delinquent children for having
committed acts that if committed by an adult would be a felony.
(iii) They are committed to the department of youth services
by the juvenile court of a county that has had one-tenth of one
per cent or less of the statewide adjudications for felony
delinquents as averaged for the past four fiscal years.
(iv) They are in the care and custody of an institution or a
community corrections facility.
(d) Felony delinquents who, while committed to the department
of youth services and in the care and custody of an institution
are serving disciplinary time for having committed an act
described in division (A)(18)(a), (b), or (c) of this section, and
who have been institutionalized or institutionalized in a secure
facility for the minimum period of time specified in divisions
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year period of commitment order imposed by a juvenile court
pursuant to divisions (A) and (B) of section 2152.17 of the
Revised Code for an act, other than a violation of section 2911.11
of the Revised Code, that would be a category one offense or
category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e) of this section, who have been granted a
judicial release to court supervision under division (B) of
section 2152.22 of the Revised Code or a judicial release to the
department of youth services supervision under division (C) of
that section from the commitment to the department of youth
services for the act described in divisions (A)(13)(a) to (e) of
this section, who have violated the terms and conditions of that
release, and who, pursuant to an order of the court of the county
in which the particular felony delinquent was placed on release
that is issued pursuant to division (D) of section 2152.22 of the
Revised Code, have been returned to the department for
institutionalization or institutionalization in a secure facility.
(g) Felony delinquents who have been committed to the custody
of the department of youth services, who have been granted
supervised release from the commitment pursuant to section 5139.51
of the Revised Code, who have violated the terms and conditions of
that supervised release, and who, pursuant to an order of the
court of the county in which the particular child was placed on
supervised release issued pursuant to division (F) of section
5139.52 of the Revised Code, have had the supervised release
revoked and have been returned to the department for
institutionalization. A felony delinquent described in this
division shall be a public safety bed only for the time during
which the felony delinquent is institutionalized as a result of
the revocation subsequent to the initial thirty-day period of
institutionalization required by division (F) of section 5139.52
of the Revised Code.
(14) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code.
(15) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
under the exclusive control of its staff and to ensure that,
because of that exclusive control, no child who has been
institutionalized in the facility may leave the facility without
permission or supervision.
(16) "Community residential program" means a program that
satisfies both of the following:
(a) It is housed in a building or other structure that has no
associated major restraining construction, including, but not
limited to, a security fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony delinquents who are in residence.
(17) "Category one offense" and "category two offense" have
the same meanings as in section 2151.26 of the Revised Code means
any of the following:
(a) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(b) A violation of section 2923.02 of the Revised Code
involving an attempt to commit aggravated murder or murder.
(18) "Disciplinary time" means additional time that the
department of youth services requires a felony delinquent to serve
in an institution, that delays the felony delinquent's planned
release, and that the department imposes upon the felony
delinquent following the conduct of an internal due process
hearing for having committed any of the following acts while
committed to the department and in the care and custody of an
institution:
(a) An act that if committed by an adult would be a felony;
(b) An act that if committed by an adult would be a
misdemeanor;
(c) An act that is not described in division (A)(18)(a) or
(b) of this section and that violates an institutional rule of
conduct of the department.
(19) "Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(20) "Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52 of
the Revised Code.
(21) "Release authority" means the release authority of the
department of youth services that is established by section
5139.50 of the Revised Code.
(22) "Supervised release" means the event of the release of a
child under this chapter from an institution and the period after
that release during which the child is supervised and assisted by
an employee of the department of youth services under specific
terms and conditions for reintegration of the child into the
community.
(23) "Victim" means the person identified in a police report,
complaint, or information as the victim of an act that would have
been a criminal offense if committed by an adult and that provided
the basis for adjudication proceedings resulting in a child's
commitment to the legal custody of the department of youth
services.
(24) "Victim's representative" means a member of the victim's
family or another person whom the victim or another authorized
person designates in writing, pursuant to section 5139.56 of the
Revised Code, to represent the victim with respect to proceedings
of the release authority of the department of youth services and
with respect to other matters specified in that section.
(25) "Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, other
relative, or legal guardian of a child but does not include a
person charged with, convicted of, or adjudicated a delinquent
child for committing a criminal or delinquent act against the
victim or another criminal or delinquent act arising out of the
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim.
(26) "Judicial release to court supervision" means a release
of a child from institutional care or institutional care in a
secure facility that is granted by a court pursuant to division
(B) of section 2152.22 of the Revised Code during the period
specified in that division.
(27) "Judicial release to department of youth services
supervision" means a release of a child from institutional care or
institutional care in a secure facility that is granted by a court
pursuant to division (C) of section 2152.22 of the Revised Code
during the period specified in that division.
(28) "Juvenile justice system" includes all of the functions
of the juvenile courts, the department of youth services, any
public or private agency whose purposes include the prevention of
delinquency or the diversion, adjudication, detention, or
rehabilitation of delinquent children, and any of the functions of
the criminal justice system that are applicable to children.
(29) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 5502.64 of the Revised Code.
(30) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 5502.66
of the Revised Code.
(31) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 5502.66 of the Revised Code.
(32) "Comprehensive plan" means a document that coordinates,
evaluates, and otherwise assists, on an annual or multi-year
basis, all of the functions of the juvenile justice systems of the
state or a specified area of the state, that conforms to the
priorities of the state with respect to juvenile justice systems,
and that conforms with the requirements of all federal criminal
justice acts. These functions include, but are not limited to, all
of the following:
(b) Identification, detection, apprehension, and detention of
persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that the
comprehensive plan does not include the functions of the attorney
general pursuant to sections 109.91 and 109.92 of the Revised
Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(33) "Category two offense" means any of the following:
(a) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised Code;
(b) A violation of section 2903.04 of the Revised Code that
is a felony of the first degree;
(c) A violation of section 2907.12 of the Revised Code as it
existed prior to September 3, 1996.
(B) There is hereby created the department of youth services.
The governor shall appoint the director of the department with the
advice and consent of the senate. The director shall hold office
during the term of the appointing governor but subject to removal
at the pleasure of the governor. Except as otherwise authorized in
section 108.05 of the Revised Code, the director shall devote the
director's entire time to the duties of the director's office and
shall hold no other office or position of trust or profit during
the director's term of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The director
may adopt rules for the government of the department, the conduct
of its officers and employees, the performance of its business,
and the custody, use, and preservation of the department's
records, papers, books, documents, and property. The director
shall be an appointing authority within the meaning of Chapter
124. of the Revised Code. Whenever this or any other chapter or
section of the Revised Code imposes a duty on or requires an
action of the department, the duty or action shall be performed by
the director or, upon the director's order, in the name of the
department.
Sec. 5139.05. (A) The juvenile court may commit any child to
the department of youth services as authorized in Chapter 2152. of
the Revised Code, provided that any child so committed shall be at
least ten years of age at the time of the child's delinquent act,
and, if the child is ten or eleven years of age, the delinquent
act is a violation of section 2909.03 of the Revised Code or would
be aggravated murder, murder, or a first or second degree felony
offense of violence if committed by an adult. Any order to commit
a child to an institution under the control and management of the
department shall have the effect of ordering that the child be
committed to the department and assigned to an institution as
follows:
(1) For an indefinite term consisting of the prescribed
minimum period specified by the court under division (A)(1)(b),
(c), (d), or (e) of section 2152.16 of the Revised Code and a
maximum period not to exceed the child's attainment of twenty-one
years of age, if the child was committed pursuant to section
2152.16 of the Revised Code;
(2) Until the child's attainment of twenty-one years of age,
if the child was committed for aggravated murder or murder
pursuant to section 2152.16 of the Revised Code;
(3) For a definite period of commitment that specified by the
court under section 2152.17 of the Revised Code if the child was
committed pursuant to that section, which definite period shall be
in addition to, and shall be served consecutively with and prior
to, a the period of commitment described in division (A)(1) or (2)
of this section, if the child was committed pursuant to section
2152.17 of the Revised Code; that is imposed for the child's
underlying delinquent act. The child shall be eligible for
judicial release during the commitments in accordance with section
2152.22 of the Revised Code.
(4) If the child is ten or eleven years of age, to an
institution, a residential care facility, a residential facility,
or a facility licensed by the department of job and family
services that the department of youth services considers best
designated for the training and rehabilitation of the child and
protection of the public. The child shall be housed separately
from children who are twelve years of age or older until the child
is released or discharged or until the child attains twelve years
of age, whichever occurs first. Upon the child's attainment of
twelve years of age, if the child has not been released or
discharged, the department is not required to house the child
separately.
(B)(1) Except as otherwise provided in section 5139.54 of the
Revised Code, the release authority of the department of youth
services, in accordance with section 5139.51 of the Revised Code
and at any time after the end of the
prescribed minimum period
specified
of institutionalization or institutionalization in a
secure facility imposed under division (A)(1)(b), (c), (d), or (e)
of section 2152.16 of the Revised Code and after the expiration of
any term of commitment imposed under division (A), (B), (C), or
(D) of section 2152.17 of the Revised Code, may grant the release
from custody of any child committed to the department.
The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and state the minimum period. The jurisdiction of
the court terminates at the end of the minimum period except as
follows:
(a) In relation to judicial release procedures, supervision,
and violations;
(b) With respect to functions of the court related to the
revocation of supervised release that are specified in sections
5139.51 and 5139.52 of the Revised Code;
(c) In relation to its duties relating to serious youthful
offender dispositional sentences under sections 2152.13 and
2152.14 of the Revised Code.
(2) When a child has been committed to the department under
section 2152.16 of the Revised Code, the department shall retain
legal custody of the child until one of the following:
(a) The department discharges the child to the exclusive
management, control, and custody of the child's parent or the
guardian of the child's person or, if the child is eighteen years
of age or older, discharges the child.
(b) The committing court, upon its own motion, upon petition
of the parent, guardian of the person, or next friend of a child,
or upon petition of the department, terminates the department's
legal custody of the child.
(c) The committing court grants the child a judicial release
to court supervision under section 2152.22 of the Revised Code.
(d) The department's legal custody of the child is terminated
automatically by the child attaining twenty-one years of age.
(e) If the child is subject to a serious youthful offender
dispositional sentence, the adult portion of that dispositional
sentence is imposed under section 2152.14 of the Revised Code.
(C) When a child is committed to the department of youth
services, the department may assign the child to a hospital for
mental, physical, and other examination, inquiry, or treatment for
the period of time that is necessary. The department may remove
any child in its custody to a hospital for observation, and a
complete report of every observation at the hospital shall be made
in writing and shall include a record of observation, treatment,
and medical history and a recommendation for future treatment,
custody, and maintenance. The department shall thereupon order the
placement and treatment that it determines to be most conducive to
the purposes of Chapters 2151. and 5139. of the Revised Code. The
committing court and all public authorities shall make available
to the department all pertinent data in their possession with
respect to the case.
(D) Records maintained by the department of youth services
pertaining to the children in its custody shall be accessible only
to department employees, except by consent of the department, upon
the order of the judge of a court of record, or as provided in
divisions (D)(1) and (2) of this section. These records shall not
be considered "public records," as defined in section 149.43 of
the Revised Code.
(1) Except as otherwise provided by a law of this state or
the United States, the department of youth services may release
records that are maintained by the department of youth services
and that pertain to children in its custody to the department of
rehabilitation and correction regarding persons who are under the
jurisdiction of the department of rehabilitation and correction
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may use
those records for the limited purpose of carrying out the duties
of the department of rehabilitation and correction. Records
released by the department of youth services to the department of
rehabilitation and correction shall remain confidential and shall
not be considered public records as defined in section 149.43 of
the Revised Code.
(2) The department of youth services shall provide to the
superintendent of the school district in which a child discharged
or released from the custody of the department is entitled to
attend school under section 3313.64 or 3313.65 of the Revised Code
the records described in divisions (D)(4)(a) to (d) of section
2152.18 of the Revised Code. Subject to the provisions of section
3319.321 of the Revised Code and the Family Educational Rights and
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to
the superintendent shall remain confidential and shall not be
considered public records as defined in section 149.43 of the
Revised Code.
(E)(1) When a child is committed to the department of youth
services, the department, orally or in writing, shall notify the
parent, guardian, or custodian of a child that the parent,
guardian, or custodian may request at any time from the
superintendent of the institution in which the child is located
any of the information described in divisions (E)(1)(a), (b), (c),
and (d) of this section. The parent, guardian, or custodian may
provide the department with the name, address, and telephone
number of the parent, guardian, or custodian, and, until the
department is notified of a change of name, address, or telephone
number, the department shall use the name, address, and telephone
number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information:
(a) When the department of youth services makes a permanent
assignment of the child to a facility, the department, orally or
in writing and on or before the third business day after the day
the permanent assignment is made, shall notify the parent,
guardian, or custodian of the child of the name of the facility to
which the child has been permanently assigned.
If a parent, guardian, or custodian of a child who is
committed to the department of youth services requests, orally or
in writing, the department to provide the parent, guardian, or
custodian with the name of the facility in which the child is
currently located, the department, orally or in writing and on or
before the next business day after the day on which the request is
made, shall provide the name of that facility to the parent,
guardian, or custodian.
(b) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is located whether the child is being disciplined by the
personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the
child is being disciplined, the superintendent or the
superintendent's designee, on or before the next business day
after the day on which the request is made, shall provide the
parent, guardian, or custodian with written or oral responses to
the questions.
(c) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is held whether the child is receiving any medication from
personnel of the institution, what type of medication the child is
receiving, or what condition of the child the medication is
intended to treat, the superintendent or the superintendent's
designee, on or before the next business day after the day on
which the request is made, shall provide the parent, guardian, or
custodian with oral or written responses to the questions.
(d) When a major incident occurs with respect to a child who
is committed to the department of youth services, the department,
as soon as reasonably possible after the major incident occurs,
shall notify the parent, guardian, or custodian of the child that
a major incident has occurred with respect to the child and of all
the details of that incident that the department has ascertained.
(2) The failure of the department of youth services to
provide any notification required by or answer any requests made
pursuant to division (E) of this section does not create a cause
of action against the state.
(F) The department of youth services, as a means of
punishment while the child is in its custody, shall not prohibit a
child who is committed to the department from seeing that child's
parent, guardian, or custodian during standard visitation periods
allowed by the department of youth services unless the
superintendent of the institution in which the child is held
determines that permitting that child to visit with the child's
parent, guardian, or custodian would create a safety risk to that
child, that child's parents, guardian, or custodian, the personnel
of the institution, or other children held in that institution.
(G) As used in this section:
(1) "Permanent assignment" means the assignment or transfer
for an extended period of time of a child who is committed to the
department of youth services to a facility in which the child will
receive training or participate in activities that are directed
toward the child's successful rehabilitation. "Permanent
assignment" does not include the transfer of a child to a facility
for judicial release hearings pursuant to section 2152.22 of the
Revised Code or for any other temporary assignment or transfer to
a facility.
(2) "Major incident" means the escape or attempted escape of
a child who has been committed to the department of youth services
from the facility to which the child is assigned; the return to
the custody of the department of a child who has escaped or
otherwise fled the custody and control of the department without
authorization; the allegation of any sexual activity with a child
committed to the department; physical injury to a child committed
to the department as a result of alleged abuse by department
staff; an accident resulting in injury to a child committed to the
department that requires medical care or treatment outside the
institution in which the child is located; the discovery of a
controlled substance upon the person or in the property of a child
committed to the department; a suicide attempt by a child
committed to the department; a suicide attempt by a child
committed to the department that results in injury to the child
requiring emergency medical services outside the institution in
which the child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to
the department; and the commission or suspected commission of an
act by a child committed to the department that would be an
offense if committed by an adult.
(3) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(4) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(5) "Residential care facility" and "residential facility"
have the same meanings as in section 2151.011 of the Revised Code.
Sec. 5139.06. (A) When a child has been committed to the
department of youth services, the department shall do both of the
following:
(1) Place the child in an appropriate institution under the
condition that it considers best designed for the training and
rehabilitation of the child and the protection of the public,
provided that the institutional placement shall be consistent with
the order committing the child to its custody;
(2) Maintain the child in institutional care or institutional
care in a secure facility for the required period of
institutionalization in a manner consistent with division (A)(1)
of section 2152.16 and divisions (A) to (F) of section 2152.17 of
the Revised Code, whichever are applicable, and with section
5139.38 or division (B) or (C) of section 2152.22 of the Revised
Code.
(B) When a child has been committed to the department of
youth services and has not been institutionalized or
institutionalized in a secure facility for the prescribed minimum
period of time, including, but not limited to, a imposed under
division (A)(1)(b), (c), (d), or (e) of section 2152.16 of the
Revised Code, the prescribed period of time under division
(A)(1)(a) of section 2152.16 of the Revised Code, or the definite
period or periods of commitment imposed under division (A), (B),
(C), or (D) of section 2152.17 of the Revised Code plus the
prescribed minimum period of time imposed under division
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised
Code, whichever is applicable, the department, the child, or the
child's parent may request the court that committed the child to
order a judicial release to court supervision or a judicial
release to department of youth services supervision in accordance
with division (B) or (C) of section 2152.22 of the Revised Code,
and the child may be released from institutionalization or
institutionalization in a secure facility in accordance with the
applicable division. A child in those circumstances shall not be
released from institutionalization or institutionalization in a
secure facility except in accordance with section 2152.22 or
5139.38 of the Revised Code. When a child is released pursuant to
a judicial release to court supervision under division (B) of
section 2152.22 of the Revised Code, the department shall comply
with division (B)(3) of that section and, if the court requests,
shall send the committing court a report on the child's progress
in the institution and recommendations for conditions of
supervision by the court after release. When a child is released
pursuant to a judicial release to department of youth services
supervision under division (C) of section 2152.22 of the Revised
Code, the department shall comply with division (C)(3) of that
section relative to the child and shall send the committing court
and the juvenile court of the county in which the child is placed
a copy of the treatment and rehabilitation plan described in that
division and the conditions that it fixed. The court of the county
in which the child is placed may adopt the conditions as an order
of the court and may add any additional consistent conditions it
considers appropriate, provided that the court may not add any
condition that decreases the level or degree of supervision
specified by the department in its plan, that substantially
increases the financial burden of supervision that will be
experienced by the department, or that alters the placement
specified by the department in its plan. Any violations of the
conditions of the child's judicial release or early release shall
be handled pursuant to division (D) of section 2152.22 of the
Revised Code.
(C) When a child has been committed to the department of
youth services, the department may do any of the following:
(1) Notwithstanding the provisions of this chapter, Chapter
2151., or Chapter 2152. of the Revised Code that prescribe
required periods of institutionalization, transfer the child to
any other state institution, whenever it appears that the child by
reason of mental illness, mental retardation, or other
developmental disability ought to be in another state institution.
Before transferring a child to any other state institution, the
department shall include in the minutes a record of the order of
transfer and the reason for the transfer and, at least seven days
prior to the transfer, shall send a certified copy of the order to
the person shown by its record to have had the care or custody of
the child immediately prior to the child's commitment. Except as
provided in division (C)(2) of this section, no person shall be
transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the
department of youth services.
(2) Notwithstanding the provisions of this chapter, Chapter
2151., or Chapter 2152. of the Revised Code that prescribe
required periods of institutionalization, transfer the child under
section 5120.162 of the Revised Code to a correctional medical
center established by the department of rehabilitation and
correction, whenever the child has an illness, physical condition,
or other medical problem and it appears that the child would
benefit from diagnosis or treatment at the center for that
illness, condition, or problem. Before transferring a child to a
center, the department of youth services shall include in the
minutes a record of the order of transfer and the reason for the
transfer and, except in emergency situations, at least seven days
prior to the transfer, shall send a certified copy of the order to
the person shown by its records to have had the care or custody of
the child immediately prior to the child's commitment. If the
transfer of the child occurs in an emergency situation, as soon as
possible after the decision is made to make the transfer, the
department of youth services shall send a certified copy of the
order to the person shown by its records to have had the care or
custody of the child immediately prior to the child's commitment.
A transfer under this division shall be in accordance with the
terms of the agreement the department of youth services enters
into with the department of rehabilitation and correction under
section 5120.162 of the Revised Code and shall continue only as
long as the child reasonably appears to receive benefit from
diagnosis or treatment at the center for an illness, physical
condition, or other medical problem.
(3) Revoke or modify any order of the department except an
order of discharge as often as conditions indicate it to be
desirable;
(4) If the child was committed pursuant to division
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code
and has been institutionalized or institutionalized in a secure
facility for the prescribed minimum periods of time under
those
divisions the division pursuant to which the commitment was made,
assign the child to a family home, a group care facility, or other
place maintained under public or private auspices, within or
without this state, for necessary treatment and rehabilitation,
the costs of which may be paid by the department, provided that
the department shall notify the committing court, in writing, of
the place and terms of the assignment at least fifteen days prior
to the scheduled date of the assignment;. A child may not be
assigned to a home, facility, or place under this division until
after the expiration of any term of commitment imposed on the
child under division (A), (B), (C), or (D) of section 2152.17 of
the Revised Code.
(5) Release the child from an institution in accordance with
sections 5139.51 to 5139.54 of the Revised Code in the
circumstances described in those sections.
(D) The department of youth services shall notify the
committing court of any order transferring the physical location
of any child committed to it in accordance with section 5139.35 of
the Revised Code. Upon the discharge from its custody and control,
the department may petition the court for an order terminating its
custody and control.
Sec. 5139.20. (A) Notwithstanding any other provision of the
Revised Code that sets forth the minimum periods or period for
which a child committed to the department of youth services is to
be institutionalized or institutionalized in a secure facility or
the procedures for the judicial release to court supervision or
judicial release to department of youth services supervision, the
department may grant emergency releases to children confined in
state juvenile institutions if the governor, upon request of the
director of the department authorizes the director, in writing, to
issue a declaration that an emergency overcrowding condition
exists in all of the institutions in which males are confined, or
in all of the institutions in which females are confined, that are
under the control of the department. If the governor authorizes
the issuance of a declaration, the director may issue the
declaration. If the director issues the declaration, the director
shall file a copy of it with the secretary of state, which copy
shall be a public record. Upon the filing of the copy, the
department is authorized to grant emergency releases to children
within its custody subject to division (B) of this section. The
authority to grant the emergency releases shall continue until the
expiration of thirty days from the day on which the declaration
was filed. The director shall not issue a declaration that an
emergency overcrowding condition exists unless the director
determines that no other method of alleviating the overcrowding
condition is available.
(B)(1) If the department is authorized under division (A) of
this section to grant emergency releases to children within its
custody, the department shall determine which, if any, children to
release under that authority only in accordance with this division
and divisions (C), (D), and (E) of this section. The department,
in determining which, if any, children to release, initially shall
classify each child within its custody according to the degree of
offense that the act for which the child is serving the period of
institutionalization would have been if committed by an adult. The
department then shall scrutinize individual children for emergency
release, based upon their degree of offense, in accordance with
the categories and the order of consideration set forth in
division (B)(2) of this section. After scrutiny of all children
within the particular category under consideration, the department
shall designate individual children within that category to whom
it wishes to grant an emergency release.
(2) The categories of children in the custody of the
department that may be considered for emergency release under this
section, and the order in which the categories shall be
considered, are as follows:
(a) Initially, only children who are not serving a period of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first, second, third, or fourth
degree if committed by an adult or for an act that was committed
before July 1, 1996, and that would have been an aggravated felony
of the first, second, or third degree if committed by an adult may
be considered.
(b) When all children in the category described in division
(B)(2)(a) of this section have been scrutinized and all children
in that category who have been designated for emergency release
under division (B)(1) of this section have been so released, then
all children who are not serving a period of institutionalization
for an act that would have been aggravated murder, murder, or a
felony of the first or second degree if committed by an adult or
for an act that was committed before July 1, 1996, and that would
have been an aggravated felony of the first or second degree if
committed by an adult may be considered.
(c) When all children in the categories described in
divisions (B)(2)(a) and (b) of this section have been scrutinized
and all children in those categories who have been designated for
emergency release under division (B)(1) of this section have been
released, then all children who are not serving a term of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first degree if committed by an
adult or for an act that was committed before July 1, 1996, and
that would have been an aggravated felony of the first or second
degree if committed by an adult may be considered.
(d) In no case shall the department consider for emergency
release any child who is serving a term of institutionalization
for an act that would have been aggravated murder, murder, or a
felony of the first degree if committed by an adult or for an act
that was committed before July 1, 1996, and that would have been
an aggravated felony of the first degree if committed by an adult,
and in no case shall the department grant an emergency release to
any such child pursuant to this section.
(C) An emergency release granted pursuant to this section
shall consist of one of the following:
(1) A supervised release under terms and conditions that the
department believes conducive to law-abiding conduct;
(2) A discharge of the child from the custody and control of
the department if the department is satisfied that the discharge
is consistent with the welfare of the individual and protection of
the public;
(3) An assignment to a family home, a group care facility, or
other place maintained under public or private auspices, within or
without this state, for necessary treatment or rehabilitation, the
costs of which may be paid by the department.
(D) If a child is granted an emergency release pursuant to
this section, the child thereafter shall be considered to have
been institutionalized or institutionalized in a secure facility
for the prescribed minimum period of time under division
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised
Code, or divisions all definite periods of commitment imposed
under division (A)
and, (B), (C), or (D) of section 2152.17 of the
Revised Code plus the prescribed minimum period of time imposed
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of
the Revised Code, whichever is applicable. The department shall
retain legal custody of a child so released until it discharges
the child or until its custody is terminated as otherwise provided
by law.
(E)(1) If a child is granted an emergency release so that the
child is released on supervised release or assigned to a family
home, group care facility, or other place for treatment or
rehabilitation, the department shall prepare a written treatment
and rehabilitation plan for the child in accordance with division
(E) of section 2152.22 of the Revised Code, which shall include
the conditions of the child's release or assignment, and shall
send the committing court and the juvenile court of the county in
which the child is placed a copy of the plan and the conditions
that it fixed. The court of the county in which the child is
placed may adopt the conditions as an order of the court and may
add any additional consistent conditions it considers appropriate.
If a child is released on supervised release or is assigned
subject to specified conditions and the court of the county in
which the child is placed has reason to believe that the child's
deportment is not in accordance with any post-release conditions
established by the court in its journal entry, the court of the
county in which the child is placed, in its discretion, may
schedule a time for a hearing on whether the child violated any of
the post-release conditions. If that court conducts a hearing and
determines at the hearing that the child violated any of the
post-release conditions established in its journal entry, the
court, if it determines that the violation of the conditions was a
serious violation, may order the child to be returned to the
department of youth services for institutionalization or, in any
case, may make any other disposition of the child authorized by
law that the court considers proper. If the court of the county in
which the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain
institutionalized for a minimum period of three months.
(2) The department also shall file a written progress report
with the committing court regarding each child granted an
emergency release pursuant to this section at least once every
thirty days unless specifically directed otherwise by the court.
The report shall include the information required of reports
described in division (F) of section 2152.22 of the Revised Code.
Sec. 5139.43. (A) The department of youth services shall
operate a felony delinquent care and custody program that shall be
operated in accordance with the formula developed pursuant to
section 5139.41 of the Revised Code, subject to the conditions
specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed to
it by the department of youth services pursuant to division (B) of
section 5139.41 of the Revised Code in accordance with the
applicable provisions of division (B)(2) of this section and shall
transmit the moneys to the county treasurer for deposit in
accordance with this division. The county treasurer shall create
in the county treasury a fund that shall be known as the felony
delinquent care and custody fund and shall deposit in that fund
the moneys disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code. The county treasurer
also shall deposit into that fund the state subsidy funds granted
to the county pursuant to section 5139.34 of the Revised Code. The
moneys disbursed to the juvenile court pursuant to division (B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled with any other county funds except state subsidy
funds granted to the county pursuant to section 5139.34 of the
Revised Code; shall not be used for any capital construction
projects; upon an order of the juvenile court and subject to
appropriation by the board of county commissioners, shall be
disbursed to the juvenile court for use in accordance with the
applicable provisions of division (B)(2) of this section; shall
not revert to the county general fund at the end of any fiscal
year; and shall carry over in the felony delinquent care and
custody fund from the end of any fiscal year to the next fiscal
year. The maximum balance carry-over at the end of each respective
fiscal year in the felony delinquent care and custody fund in any
county from funds allocated to the county pursuant to sections
5139.34 and 5139.41 of the Revised Code in the previous fiscal
year shall not exceed an amount to be calculated as provided in
the formula set forth in this division, unless that county has
applied for and been granted an exemption by the director of youth
services. Beginning June 30, 2008, the maximum balance carry-over
at the end of each respective fiscal year shall be determined by
the following formula: for fiscal year 2008, the maximum balance
carry-over shall be one hundred per cent of the allocation for
fiscal year 2007, to be applied in determining the fiscal year
2009 allocation; for fiscal year 2009, it shall be fifty per cent
of the allocation for fiscal year 2008, to be applied in
determining the fiscal year 2010 allocation; for fiscal year 2010,
it shall be twenty-five per cent of the allocation for fiscal year
2009, to be applied in determining the fiscal year 2011
allocation; and for each fiscal year subsequent to fiscal year
2010, it shall be twenty-five per cent of the allocation for the
immediately preceding fiscal year, to be applied in determining
the allocation for the next immediate fiscal year. The department
shall withhold from future payments to a county an amount equal to
any moneys in the felony delinquent care and custody fund of the
county that exceed the total maximum balance carry-over that
applies for that county for the fiscal year in which the payments
are being made and shall reallocate the withheld amount. The
department shall adopt rules for the withholding and reallocation
of moneys disbursed under sections 5139.34 and 5139.41 of the
Revised Code and for the criteria and process for a county to
obtain an exemption from the withholding requirement. The moneys
disbursed to the juvenile court pursuant to division (B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall be
in addition to, and shall not be used to reduce, any usual annual
increase in county funding that the juvenile court is eligible to
receive or the current level of county funding of the juvenile
court and of any programs or services for delinquent children,
unruly children, or juvenile traffic offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody
fund in accordance with rules that the department of youth
services adopts pursuant to division (D) of section 5139.04 of the
Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the Revised
Code shall be used to aid in the support of prevention, early
intervention, diversion, treatment, and rehabilitation programs
that are provided for alleged or adjudicated unruly children or
delinquent children or for children who are at risk of becoming
unruly children or delinquent children. The county shall not use
for capital improvements more than fifteen per cent of the moneys
in the fund that represent the applicable annual grant of those
state subsidy funds.
(ii) The moneys in the fund that were disbursed to the
juvenile court pursuant to division (B) of section 5139.41 of the
Revised Code and deposited pursuant to division (B)(1) of this
section in the fund shall be used to provide programs and services
for the training, treatment, or rehabilitation of felony
delinquents that are alternatives to their commitment to the
department, including, but not limited to, community residential
programs, day treatment centers, services within the home, and
electronic monitoring, and shall be used in connection with
training, treatment, rehabilitation, early intervention, or other
programs or services for any delinquent child, unruly child, or
juvenile traffic offender who is under the jurisdiction of the
juvenile court.
The fund also may be used for prevention, early intervention,
diversion, treatment, and rehabilitation programs that are
provided for alleged or adjudicated unruly children, delinquent
children, or juvenile traffic offenders or for children who are at
risk of becoming unruly children, delinquent children, or juvenile
traffic offenders. Consistent with division (B)(1) of this
section, a county and the juvenile court of a county shall not use
any of those moneys for capital construction projects.
(iii) Moneys in the fund shall not be used to support
programs or services that do not comply with federal juvenile
justice and delinquency prevention core requirements or to support
programs or services that research has shown to be ineffective.
Moneys in the fund shall be prioritized to research-supported,
outcome-based programs and services.
(iv) The county and the juvenile court that serves the county
may use moneys in the fund to provide out-of-home placement of
children only in detention centers, community rehabilitation
centers, or community corrections facilities approved by the
department pursuant to standards adopted by the department,
licensed by an authorized state agency, or accredited by the
American correctional association or another national organization
recognized by the department.
(b) Each juvenile court shall comply with division (B)(3)(d)
of this section as implemented by the department. If a juvenile
court fails to comply with division (B)(3)(d) of this section, the
department shall not be required to make any disbursements in
accordance with division (C) or (D) of section 5139.41 or division
(C)(2) of section 5139.34 of the Revised Code.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised Code,
each juvenile court and the county served by that juvenile court
shall do all of the following that apply:
(a) The juvenile court shall prepare an annual grant
agreement and application for funding that satisfies the
requirements of this section and section 5139.34 of the Revised
Code and that pertains to the use, upon an order of the juvenile
court and subject to appropriation by the board of county
commissioners, of the moneys in its felony delinquent care and
custody fund for specified programs, care, and services as
described in division (B)(2)(a) of this section, shall submit that
agreement and application to the county family and children first
council, the regional family and children first council, or the
local intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised Code, whichever is
applicable, and shall file that agreement and application with the
department for its approval. The annual grant agreement and
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services
specified in it.
The department may approve an annual grant agreement and
application for funding only if the juvenile court involved has
complied with the preparation, submission, and filing requirements
described in division (B)(3)(a) of this section. If the juvenile
court complies with those requirements and the department approves
that agreement and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the Revised
Code only in accordance with division (B)(2)(a) of this section,
the rules pertaining to state subsidy funds that the department
adopts pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each year, the
juvenile court shall file with the department a report that
contains all of the statistical and other information for each
month of the prior state fiscal year. If the juvenile court fails
to file the report required by division (B)(3)(b) of this section
by the thirty-first day of August of any year, the department
shall not disburse any payment of state subsidy funds to which the
county otherwise is entitled pursuant to section 5139.34 of the
Revised Code and shall not disburse pursuant to division (B) of
section 5139.41 of the Revised Code the applicable allocation
until the juvenile court fully complies with division (B)(3)(b) of
this section.
(c) If the department requires the juvenile court to prepare
monthly statistical reports and to submit the reports on forms
provided by the department, the juvenile court shall file those
reports with the department on the forms so provided. If the
juvenile court fails to prepare and submit those monthly
statistical reports within the department's timelines, the
department shall not disburse any payment of state subsidy funds
to which the county otherwise is entitled pursuant to section
5139.34 of the Revised Code and shall not disburse pursuant to
division (B) of section 5139.41 of the Revised Code the applicable
allocation until the juvenile court fully complies with division
(B)(3)(c) of this section. If the juvenile court fails to prepare
and submit those monthly statistical reports within one hundred
eighty days of the date the department establishes for their
submission, the department shall not disburse any payment of state
subsidy funds to which the county otherwise is entitled pursuant
to section 5139.34 of the Revised Code and shall not disburse
pursuant to division (B) of section 5139.41 of the Revised Code
the applicable allocation, and the state subsidy funds and the
remainder of the applicable allocation shall revert to the
department. If a juvenile court states in a monthly statistical
report that the juvenile court adjudicated within a state fiscal
year five hundred or more children to be delinquent children for
committing acts that would be felonies if committed by adults and
if the department determines that the data in the report may be
inaccurate, the juvenile court shall have an independent auditor
or other qualified entity certify the accuracy of the data on a
date determined by the department.
(d) If the department requires the juvenile court and the
county to participate in a fiscal monitoring program or another
monitoring program that is conducted by the department to ensure
compliance by the juvenile court and the county with division (B)
of this section, the juvenile court and the county shall
participate in the program and fully comply with any guidelines
for the performance of audits adopted by the department pursuant
to that program and all requests made by the department pursuant
to that program for information necessary to reconcile fiscal
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in this
division determines that the juvenile court or the county used
moneys in the county's felony delinquent care and custody fund for
expenses that are not authorized under division (B) of this
section, within forty-five days after the department notifies the
county of the unauthorized expenditures, the county either shall
repay the amount of the unauthorized expenditures from the county
general revenue fund to the state's general revenue fund or shall
file a written appeal with the department. If an appeal is timely
filed, the director of the department shall render a decision on
the appeal and shall notify the appellant county or its juvenile
court of that decision within forty-five days after the date that
the appeal is filed. If the director denies an appeal, the
county's fiscal agent shall repay the amount of the unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund within thirty days after receiving the
director's notification of the appeal decision.
(C) The determination of which county a reduction of the care
and custody allocation will be charged against for a particular
youth shall be made as outlined below for all youths who do not
qualify as public safety beds. The determination of which county a
reduction of the care and custody allocation will be charged
against shall be made as follows until each youth is released:
(1) In the event of a commitment, the reduction shall be
charged against the committing county.
(2) In the event of a recommitment, the reduction shall be
charged against the original committing county until the
expiration of the minimum period of institutionalization under the
original order of commitment or until the date on which the youth
is admitted to the department of youth services pursuant to the
order of recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the
reduction shall be charged against the county that revokes the
youth's parole.
(D) A juvenile court is not precluded by its allocation
amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services
for care and custody in an institution or a community corrections
facility when the juvenile court determines that the commitment is
appropriate.
Sec. 5139.51. (A) The release authority of the department of
youth services shall not release a child who is in the custody of
the department of youth services from institutional care or
institutional care in a secure facility and shall not discharge
the child or order the child's release on supervised release prior
to the expiration of the prescribed minimum period of
institutionalization or institutionalization in a secure facility
imposed under division (A)(1)(b), (c), (d), or (e) of section
2152.16 of the Revised Code, prior to the expiration of all
definite periods of commitment imposed under division (A), (B),
(C), or (D) of section 2152.17 of the Revised Code plus the
prescribed minimum period of time imposed under division
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised
Code, or prior to the child's attainment of twenty-one years of
age, whichever is applicable under the order of commitment, other
than as is provided in section 2152.22 of the Revised Code. The
release authority may conduct periodic reviews of the case of each
child who is in the custody of the department and who is eligible
for supervised release or discharge after completing the minimum
period of time or period of time in an institution prescribed by
the committing court. At least thirty days prior to conducting a
periodic review of the case of a child who was committed to the
department regarding the possibility of supervised release or
discharge and at least thirty days prior to conducting a release
review, a release hearing, or a discharge review under division
(E) of this section, the release authority shall give notice of
the review or hearing to the court that committed the child, to
the prosecuting attorney in the case, and to the victim of the
delinquent act for which the child was committed or the victim's
representative. If a child is on supervised release and has had
the child's parole revoked, and if, upon release, there is
insufficient time to provide the notices otherwise required by
this division, the release authority, at least ten days prior to
the child's release, shall provide reasonable notice of the
child's release to the court that committed the child, to the
prosecuting attorney in the case, and to the victim of the
delinquent act for which the child was committed or the victim's
representative. The court or prosecuting attorney may submit to
the release authority written comments regarding, or written
objections to, the supervised release or discharge of that child.
Additionally, if the child was committed for an act that is a
category one or category two offense, the court or prosecuting
attorney orally may communicate to a representative of the release
authority comments regarding, or objections to, the supervised
release or discharge of the child or, if a hearing is held
regarding the possible release or discharge of the child, may
communicate those comments at the hearing. In conducting the
review of the child's case regarding the possibility of supervised
release or discharge, the release authority shall consider any
comments and objections so submitted or communicated by the court
or prosecutor and any statements or comments submitted or
communicated under section 5139.56 of the Revised Code by a victim
of an act for which the child was committed to the legal custody
of the department or by the victim's representative of a victim of
an act of that type.
The release authority shall determine the date on which a
child may be placed on supervised release or discharged. If the
release authority believes that a child should be placed on
supervised release, it shall comply with division (B) of this
section. If the release authority believes that a child should be
discharged, it shall comply with division (C) or (E) of this
section. If the release authority denies the supervised release or
discharge of a child, it shall provide the child with a written
record of the reasons for the decision.
(B)(1) When the release authority decides to place a child on
supervised release, consistent with division (D) of this section,
the department shall prepare a written supervised release plan
that specifies the terms and conditions upon which the child is to
be released from an institution on supervised release and, at
least thirty days prior to the release of the child on the
supervised release, shall send to the committing court and the
juvenile court of the county in which the child will be placed a
copy of the supervised release plan and the terms and conditions
of release. The juvenile court of the county in which the child
will be placed, within fifteen days after its receipt of the copy
of the supervised release plan, may add to the supervised release
plan any additional consistent terms and conditions it considers
appropriate, provided that the court may not add any term or
condition that decreases the level or degree of supervision
specified by the release authority in the plan, that substantially
increases the financial burden of supervision that will be
experienced by the department of youth services, or that alters
the placement specified by the plan.
If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which
the child will be placed does not add to the supervised release
plan any additional terms and conditions, the court shall enter
the supervised release plan in its journal within that fifteen-day
period and, within that fifteen-day period, shall send to the
release authority a copy of the journal entry of the supervised
release plan. The journalized plan shall apply regarding the
child's supervised release.
If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which
the child will be placed adds to the supervised release plan any
additional terms and conditions, the court shall enter the
supervised release plan and the additional terms and conditions in
its journal and, within that fifteen-day period, shall send to the
release authority a copy of the journal entry of the supervised
release plan and additional terms and conditions. The journalized
supervised release plan and additional terms and conditions added
by the court that satisfy the criteria described in this division
shall apply regarding the child's supervised release.
If, within fifteen days after its receipt of the copy of the
supervised release plan, the juvenile court of the county in which
the child will be placed neither enters in its journal the
supervised release plan nor enters in its journal the supervised
release plan plus additional terms and conditions added by the
court, the court and the department of youth services may attempt
to resolve any differences regarding the plan within three days.
If a resolution is not reached within that three-day period,
thereafter, the supervised release plan shall be enforceable to
the same extent as if the court actually had entered the
supervised release plan in its journal.
(2) When the release authority receives from the court a copy
of the journalized supervised release plan and, if applicable, a
copy of the journalized additional terms and conditions added by
the court, the release authority shall keep the original copy or
copies in the child's file and shall provide a copy of each
document to the child, the employee of the department who is
assigned to supervise and assist the child while on release, and
the committing court.
(C) If a child who is in the custody of the department of
youth services was committed pursuant to division (A)(1)(b), (c),
(d), or (e) of section 2152.16 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for
the prescribed minimum periods period of time under whichever of
those divisions the child was committed or was committed to the
custody of the department pursuant to both division (A), (B), (C),
or (D) of section 2152.17 of the Revised Code and division
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code
and has been institutionalized or institutionalized in a secure
facility for all of the definite periods of commitment imposed
under division (A), (B), (C), or (D) of section 2152.17 of the
Revised Code plus the prescribed minimum period of time imposed
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of
the Revised Code, whichever is applicable, and if the release
authority is satisfied that the discharge of the child without the
child being placed on supervised release would be consistent with
the welfare of the child and protection of the public, the release
authority, without approval of the court that committed the child,
may discharge the child from the department's custody and control
without placing the child on supervised release. Additionally, the
release authority may discharge a child in the department's
custody without the child being placed on supervised release if
the child is removed from the jurisdiction of this state by a
court order of a court of this state, another state, or the United
States, or by any agency of this state, another state, or the
United States, if the child is convicted of or pleads guilty to
any criminal offense, or as otherwise provided by law. At least
fifteen days before the scheduled date of discharge of the child
without the child being placed on supervised release, the
department shall notify the committing court, in writing, that it
is going to discharge the child and of the reason for the
discharge. Upon discharge of the child without the child being
placed on supervised release, the department immediately shall
certify the discharge in writing and shall transmit the
certificate of discharge to the committing court.
(D) In addition to requirements that are reasonably related
to the child's prior pattern of criminal or delinquent behavior
and the prevention of further criminal or delinquent behavior, the
release authority shall specify the following requirements for
each child whom it releases:
(1) The child shall observe the law.
(2) The child shall maintain appropriate contact, as
specified in the written supervised release plan for that child.
(3) The child shall not change residence unless the child
seeks prior approval for the change from the employee of the
department assigned to supervise and assist the child, provides
that employee, at the time the child seeks the prior approval for
the change, with appropriate information regarding the new
residence address at which the child wishes to reside, and obtains
the prior approval of that employee for the change.
(E) The period of a child's supervised release may extend
from the date of release from an institution until the child
attains twenty-one years of age. If the period of supervised
release extends beyond one year after the date of release, the
child may request in writing that the release authority conduct a
discharge review after the expiration of the one-year period or
the minimum period or period. If the child so requests, the
release authority shall conduct a discharge review and give the
child its decision in writing. The release authority shall not
grant a discharge prior to the discharge date if it finds good
cause for retaining the child in the custody of the department
until the discharge date. A child may request an additional
discharge review six months after the date of a previous discharge
review decision, but not more than once during any six-month
period after the date of a previous discharge review decision.
(F) At least two weeks before the release authority places on
supervised release or discharge a child who was committed to the
legal custody of the department, the release authority shall
provide notice of the release or discharge as follows:
(1) In relation to the placement on supervised release or
discharge of a child who was committed to the department for
committing an act that is a category one or category two offense,
the release authority shall notify, by the specified deadline, all
of the following of the release or discharge:
(a) The prosecuting attorney of the county in which the child
was adjudicated a delinquent child and committed to the custody of
the department;
(b) Whichever of the following is applicable:
(i) If upon the supervised release or discharge the child
will reside in a municipal corporation, the chief of police or
other chief law enforcement officer of that municipal corporation;
(ii) If upon the supervised release or discharge the child
will reside in an unincorporated area of a county, the sheriff of
that county.
(2) In relation to the placement on supervised release or
discharge of a child who was committed to the department for
committing any act, the release authority shall notify, by the
specified deadline, each victim of the act for which the child was
committed to the legal custody of the department who, pursuant to
section 5139.56 of the Revised Code, has requested to be notified
of the placement of the child on supervised release or the
discharge of the child, provided that, if any victim has
designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification
required by this division shall be provided to that victim's
representative.
Sec. 5149.01. As used in Chapter 5149. of the Revised Code:
(A) "Authority" means the adult parole authority created by
section 5149.02 of the Revised Code.
(B) "State correctional institution," "pardon,"
"commutation," "reprieve," "parole," "head of a state correctional
institution," "convict," "prisoner," "parolee," "final release,"
and "parole violator" have the same meanings as in section 2967.01
of the Revised Code.
(C) "Full board hearing" means a parole board hearing
conducted by a minimum majority of seven parole board members as
described in section 5149.101 of the Revised Code.
Sec. 5149.10. (A)(1) The parole board shall consist of up to
twelve members, one of whom shall be designated as chairperson by
the director of the department of rehabilitation and correction
and who shall continue as chairperson until a successor is
designated, and any other personnel that are necessary for the
orderly performance of the duties of the board. In addition to the
rules authorized by section 5149.02 of the Revised Code, the chief
of the adult parole authority, subject to the approval of the
chief of the division of parole and community services and subject
to this section, shall adopt rules governing the proceedings of
the parole board. The rules shall provide for the convening of
full board hearings, the procedures to be followed in full board
hearings, and general procedures to be followed in other hearings
of the board and by the board's hearing officers. The rules also
shall require agreement by a majority of all the board members to
any recommendation of clemency transmitted to the governor.
(2) When the board members sit as a full board, the
chairperson shall preside. The chairperson shall also allocate the
work of the parole board among the board members. The full board
shall meet at least once each month. In the case of a tie vote on
the full board, the chief of the adult parole authority shall cast
the deciding vote. The chairperson may designate a person to serve
in the chairperson's place.
(3)(a) Except for the chairperson, except for the member
appointed under division (B) of this section, and except as
otherwise provided in division (A)(3)(b) of this section, a member
appointed to the parole board shall be appointed to a six-year
term. A member shall hold office from the date of appointment
until the end of the term for which the member was appointed. A
member is eligible for reappointment for another six-year term
that may or may not be consecutive to the first six-year term. A
member is not eligible for reappointment after serving two
six-year terms whether or not served consecutively. Vacancies
shall be filled in the same manner provided for original
appointments. Any member appointed under this division to fill a
vacancy occurring prior to the expiration date of the term for
which the member's predecessor was appointed shall begin that
member's first six-year term upon appointment, regardless of the
time remaining in the term of the member's predecessor. A member
appointed under this division shall continue in office subsequent
to the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first.
(b) A member of the parole board on the effective date of
this amendment who has served on the board less than six years
shall have the time so served applied toward a six-year term and
at the end of that six-year term shall be eligible for
reappointment to an additional six-year term. A member of the
parole board on the effective date of this amendment who has
served on the board at least six years but less than twelve years
shall have six of the years so served applied toward the first
six-year term and the remaining time so served applied toward a
second six-year term, shall serve the remainder of that second
six-year term, and at the end of that second six-year term shall
not be eligible for reappointment. A member of the parole board on
the effective date of this amendment who has served on the board
twelve years or longer shall serve until a successor member is
appointed or a period of six months after the effective date of
this amendment has elapsed, whichever occurs first, and after the
end of that service shall be eligible for reappointment to an
additional six-year term.
(4) Except as otherwise provided in division (B) of this
section, no person shall be appointed a member of the board who is
not qualified by education or experience in correctional work,
including law enforcement, prosecution of offenses, advocating for
the rights of victims of crime, probation, or parole, in law, in
social work, or in a combination of the three categories.
(B) The director of rehabilitation and correction, in
consultation with the governor, shall appoint one member of the
board, who shall be a person who has been a victim of crime or who
is a member of a victim's family or who represents an organization
that advocates for the rights of victims of crime. After
appointment, this member shall be an unclassified employee of the
department of rehabilitation and correction.
The initial appointment shall be for a term ending four years
after July 1, 1996. Thereafter, the term of office of the member
appointed under this division shall be for four years, with each
term ending on the same day of the same month as did the term that
it succeeds. The member shall hold office from the date of
appointment until the end of the term for which the member was
appointed and may be reappointed. Vacancies shall be filled in the
manner provided for original appointments. Any member appointed
under this division to fill a vacancy occurring prior to the
expiration date of the term for which the member's predecessor was
appointed shall hold office as a member for the remainder of that
term. The member appointed under this division shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office or until a period of
sixty days has elapsed, whichever occurs first.
The member appointed under this division shall be compensated
in the same manner as other board members and shall be reimbursed
for actual and necessary expenses incurred in the performance of
the members' member's duties. The member may vote on all cases
heard by the full board under section 5149.101 of the Revised
Code, has such duties as are assigned by the chairperson of the
board, and shall coordinate the member's activities with the
office of victims' services created under section 5120.60 of the
Revised Code.
As used in this division, "crime," "member of the victim's
family," and "victim" have the meanings given in section 2930.01
of the Revised Code.
(C) The chairperson shall submit all recommendations for or
against clemency directly to the governor.
(D) The chairperson shall transmit to the chief of the adult
parole authority all determinations for or against parole made by
the board. Parole determinations are final and are not subject to
review or change by the chief.
(E) In addition to its duties pertaining to parole and
clemency, if an offender is sentenced to a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code, the parole board shall have control over the offender's
service of the prison term during the entire term unless the board
terminates its control in accordance with section 2971.04 of the
Revised Code. The parole board may terminate its control over the
offender's service of the prison term only in accordance with
section 2971.04 of the Revised Code.
Sec. 5149.31. (A) The department of rehabilitation and
correction shall do all of the following:
(A)(1) Establish and administer a program of subsidies for
eligible counties and groups of counties for felony offenders and
a program of subsidies for eligible municipal corporations,
counties, and groups of counties for misdemeanor offenders for the
development, implementation, and operation of community
corrections programs. Department expenditures for administration
of both programs of subsidies shall not exceed ten per cent of the
moneys appropriated for each of the purposes of this division.
(B)(2) Adopt and promulgate rules, under Chapter 119. of the
Revised Code, providing standards for community corrections
programs. The standards shall be designed to improve the quality
and efficiency of the programs and to reduce the number of persons
committed to state correctional institutions and to county,
multicounty, municipal, municipal-county, or multicounty-municipal
jails or workhouses for offenses for which community control
sanctions are authorized under section 2929.13, 2929.15, or
2929.25 of the Revised Code. In developing the standards, the
department shall consult with, and seek the advice of, local
corrections agencies, law enforcement agencies, and other public
and private agencies concerned with corrections. The department
shall conduct, and permit participation by local corrections
planning boards established under section 5149.34 of the Revised
Code and joint county corrections planning boards established
under section 5149.35 of the Revised Code in, an annual review of
the standards to measure their effectiveness in promoting the
purposes specified in this division and shall amend or rescind any
existing rule providing a standard or adopt and promulgate
additional rules providing standards, under Chapter 119. of the
Revised Code, if the review indicates that the standards fail to
promote the purposes.
(C)(3) Accept and use any funds, goods, or services from the
federal government or any other public or private source for the
support of the subsidy programs established under division (A) of
this section. The department may comply with any conditions and
enter into any agreements that it considers necessary to obtain
these funds, goods, or services.
(D)(4) Adopt rules, in accordance with Chapter 119. of the
Revised Code, and do all other things necessary to implement
sections 5149.30 to 5149.37 of the Revised Code;
(E)(5) Evaluate or provide for the evaluation of community
corrections programs funded by the subsidy programs established
under division (A)(1) of this section and establish means of
measuring their effectiveness;
(F)(6) Prepare an annual report evaluating the subsidy
programs established under division (A)(1) of this section. The
report shall include, but need not be limited to, analyses of the
structure of the programs and their administration by the
department, the effectiveness of the programs in the development
and implementation of community corrections programs, the specific
standards adopted and promulgated under division (B)(A)(2) of this
section and their effectiveness in promoting the purposes of the
programs, and the findings of the evaluations conducted under
division (E)(A)(5) of this section. The director of rehabilitation
and correction shall review and certify the accuracy of the report
and provide copies of it, upon request, to members of the general
assembly.
(G)(7) Provide training or assistance, upon the request of a
local corrections planning board or a joint county corrections
planning board, to any local unit of government, subject to
available resources of the department.
(B)(1) In order to be eligible for the subsidies under this
section, counties, groups of counties, and municipal corporations
shall satisfy all applicable requirements under sections 2301.27
and 2301.30 of the Revised Code and shall utilize the single
validated risk assessment tool selected by the department under
section 5120.114 of the Revised Code.
(2) The department shall give any county, group of counties,
or municipal corporation found to be noncompliant with the
requirements described in division (B)(1) of this section a
reasonable period of time to come into compliance. If the
noncompliant county, group of counties, or municipal corporation
does not become compliant after a reasonable period of time, the
department shall reduce or eliminate the subsidy granted to that
county, group of counties, or municipal corporation.
Sec. 5149.311. (A) The department of rehabilitation and
correction shall establish and administer the probation
improvement grant and the probation incentive grant for court of
common pleas probation departments that supervise felony
offenders.
(B)(1) The probation improvement grant shall provide funding
to court of common pleas probation departments to adopt policies
and practices based on the latest research on how to reduce the
number of felony offenders on probation supervision who violate
the conditions of their supervision.
(2) The department shall adopt rules for the distribution of
the probation improvement grant, including the formula for the
allocation of the subsidy based on the number of felony offenders
placed on probation annually in each jurisdiction.
(C)(1) The probation incentive grant shall provide a
performance-based level of funding to court of common pleas
probation departments that are successful in reducing the number
of felony offenders on probation supervision whose terms of
supervision are revoked.
(2) The department shall calculate annually any cost savings
realized by the state from a reduction in the percentage of people
who are incarcerated because their terms of supervised probation
were revoked. The cost savings estimate shall be calculated for
each county and be based on the difference from fiscal year 2010
and the fiscal year under examination.
(3) The department shall adopt rules that specify the subsidy
amount to be appropriated to court of common pleas probation
departments that successfully reduce the percentage of people on
probation who are incarcerated because their terms of supervision
are revoked.
(D) The following stipulations apply to both the probation
improvement grant and the probation incentive grant:
(1) In order to be eligible for the probation improvement
grant and the probation incentive grant, courts of common pleas
must satisfy all requirements under sections 2301.27 and 2301.30
of the Revised Code and must utilize the single validated risk
assessment tool selected by the department of rehabilitation and
correction under section 5120.114 of the Revised Code.
(2) The department may deny a subsidy under this section to
any applicant if the applicant fails to comply with the terms of
any agreement entered into pursuant to any of the provisions of
this section.
(3) The department shall evaluate or provide for the
evaluation of the policies, practices, and programs the court of
common pleas probation departments utilize with the programs of
subsidies established under this section and establish means of
measuring their effectiveness.
(4) The department shall specify the policies, practices, and
programs for which court of common pleas probation departments may
use the program subsidy and shall establish minimum standards of
quality and efficiency that recipients of the subsidy must follow.
The department shall give priority to supporting evidence-based
policies and practices, as defined by the department.
Sec. 5149.32. To be eligible for funds from the subsidy
programs established under division (A)(1) of section 5149.31 of
the Revised Code, a municipal corporation, county, or group of
counties shall comply with all of the following that are relevant:
(A) Maintain programs that meet the standards adopted under
division (B)(A)(2) of section 5149.31 of the Revised Code;
(B) Demonstrate that it has made efforts to unify or
coordinate its correctional service programs through
consolidation, written agreements, purchase of service contracts,
or other means;
(C) Demonstrate that the comprehensive plan for the county in
which the municipal corporation is located, for the county, or for
each county of the group of counties, as adopted under section
5149.34 of the Revised Code, has been approved by the director of
rehabilitation and correction;
(D) Deliver programming that addresses the assessed needs of
high risk offenders as established by the single validated risk
assessment tool described in section 5120.114 of the Revised Code
and that may be delivered through available and acceptable
resources within the municipal corporation, county, or group of
counties or through the department of rehabilitation and
correction;
(E) If a subsidy was received in any prior fiscal year from a
subsidy program established under division (A)(1) of section
5149.31 of the Revised Code, demonstrate that the subsidy was
expended in a good faith effort to improve the quality and
efficiency of its community corrections programs and to reduce the
number of persons committed to state correctional institutions and
to county, multicounty, municipal, municipal-county, or
multicounty-municipal jails or workhouses.
Sec. 5149.33. No municipal corporation, county, or group of
counties receiving a subsidy under division (A)(1) of section
5149.31 of the Revised Code shall reduce, by the amount of the
subsidy it receives or by a greater or lesser amount, the amount
of local, nonfederal funds it expends for corrections, including,
but not limited to, the amount of local, nonfederal funds it
expends for the operation of the county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse, for
any county or municipal probation department, or for any community
corrections program. Each subsidy shall be used to make
corrections expenditures in excess of those being made from local,
nonfederal funds. No subsidy or portion of a subsidy shall be used
to make capital improvements. If a recipient violates this
section, the department of rehabilitation and correction shall may
discontinue subsidy payments to the recipient.
Sec. 5149.34. (A)(1) If a county desires to receive a
subsidy from a subsidy program established under division (A)(1)
of section 5149.31 of the Revised Code for community corrections
programs as described in division (B)(A)(2) of that section, the
board of county commissioners of the county shall establish, by a
resolution as described in this division, and maintain a local
corrections planning board that, except as provided in division
(A)(2) of this section, shall include an administrator of a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse located in the county,; a
county commissioner of that county,; a judge of the court of
common pleas of that county,; a judge of a municipal court or
county court of that county,; an attorney whose practice of law
primarily involves the representation of criminal defendants,; the
chief law enforcement officer of the largest municipal corporation
located in the county,; the county sheriff,; one or more
prosecutors, as defined in section 2935.01 of the Revised Code,;
the executive director of the board of alcohol, drug addiction,
and mental health services serving that county or the executive
director's designee, or the executive directors of both the
community mental health board and the alcohol and drug addiction
services board serving that county or their designees, whichever
is applicable; the executive director of the county board of
mental retardation and developmental disabilities of that county
or the executive director's designee; an administrator of a
halfway house serving that county, if any, or the administrator's
designee; an administrator of a community-based correctional
facility, if any, serving the court of common pleas of that county
or the administrator's designee; an administrator of a community
corrections act-funded program in that county, if any, or the
administrator's designee; one or more representatives of the
public, one of whom shall be a victim of crime,; one or more
additional representatives of the law enforcement community,; one
or more additional representatives of the judiciary,; one or more
additional representatives of the field of corrections,; and
officials from the largest municipal corporation located in the
county. A majority of the members of the board shall be employed
in the adult criminal justice field. At least two members of the
board shall be members of the largest racial minority population,
if any, in the county, and at least two other members of the board
shall be women. The resolution shall state the number and nature
of the members, the duration of their terms, the manner of filling
vacancies on the board, and the compensation, if any, that members
are to receive. The board of county commissioners also may
specify, as part of the resolution, any other duties the local
corrections planning board is to assume.
(2) If, for good cause shown, including, but not limited to,
the refusal of a specified individual to serve on a local
corrections planning board, a particular county is not able to
satisfy the requirements specified in division (A)(1) of this
section for the composition of such a board, the director of
rehabilitation and correction may waive the requirements to the
extent necessary and approve a composition for the board that
otherwise is consistent with the requirements.
(B) Each local corrections planning board established
pursuant to division (A) of this section shall adopt within
eighteen months after its establishment, and from time to time
shall revise, a comprehensive plan for the development,
implementation, and operation of corrections services in the
county. The plan shall include a description of the offender
population's assessed needs as established by the single validated
risk assessment tool described in section 5120.114 of the Revised
Code, with particular attention to high risk offenders, and the
capacity to deliver services and programs within the county and
surrounding region that address the offender population's needs.
The plan shall be adopted and revised after consideration has been
given to the impact that it will have or has had on the
populations of state correctional institutions and county,
multicounty, municipal, municipal-county, or multicounty-municipal
jails or workhouses in the county, and shall be designed to unify
or coordinate corrections services in the county and to reduce the
number of persons committed, consistent with the standards adopted
under division (B)(A)(2) of section 5149.31 of the Revised Code,
from that county to state correctional institutions and to county,
multicounty, municipal, municipal-county, or multicounty-municipal
jails or workhouses. The plan and any revisions to the plan shall
be submitted to the board of county commissioners of the county in
which the local corrections planning board is located for
approval.
If a county has a community-based correctional facility and
program established in accordance with sections 2301.51 to 2301.58
of the Revised Code, the budgets of the facility and program shall
not be subject to approval by the local corrections planning
board, but instead shall continue to be determined in accordance
with those sections. However, the local corrections planning board
shall include the facility and program as part of the
comprehensive plan adopted and revised pursuant to this division.
(C) As used in this section:
(1) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
(2) "Offender population" means the total number of offenders
currently receiving corrections services provided by the county.
Sec. 5149.36. Subject to appropriations by the general
assembly, the department of rehabilitation and correction shall
award subsidies to eligible municipal corporations, counties, and
groups of counties pursuant to the subsidy programs described in
division (A)(1) of section 5149.31 of the Revised Code only in
accordance with criteria that the department shall specify in
rules adopted pursuant to Chapter 119. of the Revised Code. The
criteria shall be designed to provide for subsidy awards only on
the basis of demonstrated need and the satisfaction of specified
priorities. The criteria shall be consistent with the following:
(A) First priority shall be given to the continued funding of
existing community corrections programs that satisfy the standards
adopted pursuant to division (B)(A)(2) of section 5149.31 of the
Revised Code and that are designed to reduce the number of persons
committed to state correctional institutions.
(B) Second priority shall be given to new community
corrections programs that are designed to reduce the number of
persons committed to state correctional institutions or the number
of persons committed to county, multicounty, municipal,
municipal-county, or multicounty-municipal jails or workhouses.
Section 2. That existing 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 and sections 2151.56,
2151.57, 2151.58, 2151.59, 2151.60, and 2151.61 of the Revised
Code are hereby repealed.
Section 3. The amendment of section 5120.07 of the Revised
Code by Sections 1 and 2 of this act is not intended to supersede
the earlier repeal of that section, with the delayed effective
date of December 31, 2011.
Section 4. The amendments to sections 2925.01, 2925.03,
2925.05, and 2925.11 of the Revised Code, and to division (W) of
section 2929.01 of the Revised Code, that are made in this act
apply to a person who commits an offense involving marihuana,
cocaine, or hashish on or after the effective date of this act and
to a person to whom division (B) of section 1.58 of the Revised
Code makes the amendments applicable.
The provisions of sections 2925.01, 2925.03, 2925.05, and
2925.11 of the Revised Code, and of division (W) of section
2929.01 of the Revised Code, in existence prior to the effective
date of this act shall apply to a person upon whom a court imposed
sentence prior to the effective date of this act for an offense
involving marihuana, cocaine, or hashish. The amendments to
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised
Code, and to division (W) of section 2929.01 of the Revised Code,
that are made in this act do not apply to a person upon whom a
court imposed sentence prior to the effective date of this act for
an offense involving marihuana, cocaine, or hashish.
Section 5. The amendments to sections 926.99, 1333.99,
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 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, 2921.13, 2921.41, 2923.31, and 2981.07 and divisions (A)
and (M) of section 2929.14 of the Revised Code that are made in
this act apply to a person who commits an offense specified or
penalized under those sections on or after the effective date of
this section and to a person to whom division (B) of section 1.58
of the Revised Code makes the amendments applicable.
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 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, 2921.13,
2921.41, 2923.31, and 2981.07 of the Revised Code in existence
prior to the effective date of this section shall apply to a
person upon whom a court imposed sentence prior to the effective
date of this section for an offense specified or penalized under
those sections. The amendments to sections 926.99, 1333.99,
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 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, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised
Code that are made in this act do not apply to a person who upon
whom a court imposed sentence prior to the effective date of this
section for an offense specified or penalized under those
sections.
Section 6. (A) The Ohio Interagency Task Force on Mental
Health and Juvenile Justice is hereby established to investigate
and make recommendations on how to most effectively treat
delinquent youth who suffer from serious mental illness or
emotional and behavioral disorders, while giving attention to the
needs of Ohio's economy. The Task Force shall consist of the
following members:
(1) The Director of Youth Services;
(2) The Director of Mental Health;
(3) The Director of the Governor's Office of Health
Transformation;
(4) The Superintendent of Public Instruction;
(5) A justice of the Supreme Court or a designee appointed by
the justices of the Supreme Court who has experience in juvenile
law or mental health issues;
(6) A designee appointed by the President of the Ohio
Association of Juvenile Court Judges;
(7) A board-certified child and adolescent psychiatrist
appointed by the Director of the Department of Mental Health;
(8) A licensed child and adolescent psychologist appointed by
the President of the State Board of Psychology;
(9) Up to ten members with expertise in child and adolescent
development, mental health, or juvenile justice appointed by the
Governor, including, but not limited to, members representing the
Ohio chapter of the National Alliance on Mental Illness, the Ohio
Federation for Children's Mental Health, an academic research
institution with expertise in juvenile justice and child and
adolescent development, and a provider of children's
community-based mental health services;
(10) Two members of the General Assembly, one from the
majority party and one from the minority party, jointly appointed
by the Speaker of the House of Representatives and the President
of the Senate;
(11) A member of the public jointly appointed by the Speaker
of the House of Representatives and the President of the Senate.
(B) Members of the Task Force shall be appointed by September
30, 2011. Vacancies on the Task Force shall be filled in the same
manner as the original appointments. Members shall serve without
compensation.
(C) The Governor shall designate the chairperson of the Task
Force. All meetings of the Task Force shall be held at the call of
the chairperson.
(D) The duties of the Task Force shall include all of the
following:
(1) Reviewing the current staff training and protocols and
procedures for treating mentally ill and seriously mentally ill
youth committed to the Department of Youth Services;
(2) Reviewing the current funding, roles, and
responsibilities of the Department of Youth Services, Department
of Mental Health, Department of Education, and other Departments
providing services to youth, as the funding, roles, and
responsibilities pertain to youth with serious mental illness, or
severe emotional and behavioral disorders;
(3) Conducting a review of literature related to the best
practices in the treatment of youth with mental illness and
seriously mentally ill youth who are adjudicated to be a
delinquent child and committed to the Department of Youth
Services;
(4) Investigating mental health treatment models for youth
involved in the juvenile justice system of other states and
jurisdictions, and other relevant data and information, in order
to identify potential model programs, protocols, and best
practices;
(5) Conducting at least one visit to a Department of Youth
Services mental health unit and completing a comprehensive data
review of the mentally ill and seriously mentally ill youth
currently committed to the Department of Youth Services to develop
a profile of such youth currently committed to the Department of
Youth Services.
(E) The members of the Task Force shall make findings and
recommendations, based on the results of the Task Force's duties,
regarding all of the following:
(1) Best practices in the field of treatment for youth with
mental illness or serious mental illness who are involved in the
juvenile justice system;
(2) Guiding principles for the treatment of youth with mental
illness or serious mental illness who are involved in the juvenile
justice system;
(3) The infrastructure, roles, and responsibilities of and
other departments providing services to youth, in relation to
effectively meeting the multiple needs of youth with mental
illness or serious mental illness who are involved in the juvenile
justice system;
(4) Funding strategies that maximize public, private, state,
and federal resources and that create incentives for high
performance and innovative treatment;
(5) Changes to administrative, court, and legislative rules
that would support the recommendations of the Task Force.
The members of the Task Force may make other recommendations
related to effectively treating delinquent youth who suffer from
mental illness and serious mental health illness, including
mentally ill youth who also have special education needs, as
determined to be relevant by the chairperson of the Task Force.
(F) Not later than March 31, 2012, the Task Force shall issue
a report of the Task Force's findings and recommendations to the
Governor, the President of the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the Supreme Court. Upon
the issuance of the report by the Task Force, the Task Force shall
cease to exist.
Section 7. Upon the effective date of new sections 2151.56,
2151.57, 2151.58, and 2151.59 of the Revised Code as enacted by
this act, the versions of those sections enacted in Section 1 of
this act will replace the versions of those sections, and the
versions of sections 2151.60 and 2151.61 of the Revised Code, in
effect on the day immediately preceding that effective date.
Section 8. The General Assembly hereby respectfully requests
the Supreme Court to adopt a Rule of Superintendence that provides
for the collection for each month of statistical data relating to
the operation of probation departments, including, but not limited
to, all of the following:
(A) A count of the number of individuals placed on probation
in the month covered by the report;
(B) A count of the number of individuals terminated from
probation in the month covered by the report, listed by type of
termination, including revocation;
(C) The total number of individuals under supervision on
probation at the end of the month covered by the report.
Section 9. Section 1716.99 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.
Section 2301.27 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 490 and
Sub. H.B. 510 of the 124th General Assembly. Section 2929.14 of
the Revised Code is presented in this act as a composite of the
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280
of the 127th General Assembly. Section 2929.20 of the Revised Code
is presented in this act as a composite of the section as amended
by both Am. Sub. H.B. 130 and Sub. S.B. 108 of the 127th General
Assembly. Section 2967.193 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub.
S.B. 269 and Am. Sub. H.B. 180 of the 121st General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composites are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act.