As Reported by the Senate Judiciary--Criminal Justice Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 86

Representatives Blessing, Heard 

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

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A BILL

To amend sections 109.42, 307.93, 309.18, 341.12,

1

926.99, 1333.99, 1707.99, 1716.99, 2151.23,

2

2151.55, 2151.551, 2151.552, 2151.553, 2151.554,

3

2152.02, 2152.021, 2152.12, 2152.13, 2152.14,

4

2152.17, 2152.22, 2301.27, 2301.30, 2743.51,

5

2743.56, 2743.59, 2743.60, 2901.08, 2903.01,

6

2903.11, 2903.12, 2903.13, 2905.01, 2905.02,

7

2907.21, 2907.22, 2907.323, 2909.03, 2909.05,

8

2909.11, 2911.12, 2913.01, 2913.02, 2913.03,

9

2913.04, 2913.11, 2913.21, 2913.31, 2913.32,

10

2913.34, 2913.40, 2913.401, 2913.42, 2913.421,

11

2913.43, 2913.45, 2913.46, 2913.47, 2913.48,

12

2913.49, 2913.51, 2913.61, 2915.05, 2917.21,

13

2917.31, 2917.32, 2919.21, 2919.22, 2921.13,

14

2921.34, 2921.41, 2923.01, 2923.31, 2923.32,

15

2925.01, 2925.02, 2925.03, 2925.04, 2925.041,

16

2925.05, 2925.11, 2925.36, 2929.01, 2929.11,

17

2929.13, 2929.14, 2929.15, 2929.19, 2929.191,

18

2929.20, 2929.26, 2929.34, 2929.41, 2930.12,

19

2930.16, 2930.17, 2935.041, 2937.36, 2941.141,

20

2941.142, 2941.143, 2941.144, 2941.145, 2941.146,

21

2941.1411, 2941.1412, 2941.1414, 2941.1415,

22

2941.1421, 2941.1422, 2941.1423, 2950.99,

23

2951.041, 2951.08, 2953.08, 2967.14, 2967.193,

24

2967.28, 2971.03, 2981.07, 3719.99, 4507.51,

25

4511.091, 4729.99, 5120.031, 5120.07, 5120.111,

26

5120.16, 5120.331, 5120.48, 5120.59, 5120.60,

27

5120.66, 5139.01, 5139.06, 5139.18, 5139.20,

28

5139.43, 5139.52, 5149.01, 5149.10, 5149.31,

29

5149.32, 5149.33, 5149.34, and 5149.36 and to

30

enact sections 307.932, 2151.555, 2152.121,

31

2152.51, 2152.52, 2152.53, 2152.54, 2152.55,

32

2152.56, 2152.57, 2152.58, 2152.59, 2301.271,

33

2743.601, 2929.143, 2950.17, 2951.022, 2961.21,

34

2961.22, 2961.23, 2961.24, 2967.19, 5120.036,

35

5120.113, 5120.114, 5120.115, and 5149.311 of the

36

Revised Code and to amend Section 3 of Am. Sub.

37

H.B. 130 of the 127th General Assembly, to

38

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

39

for determining increased penalties for

40

theft-related offenses and for certain elements of

41

"vandalism" and "engaging in a pattern of corrupt

42

activity"; to increase by 50% the other threshold

43

amounts for determining increased penalties for

44

those offenses; to revise and clarify the law

45

regarding prosecution of multiple theft, Medicaid

46

fraud, workers' compensation fraud, and similar

47

offenses and the valuation of property or services

48

involved; to include workers' compensation fraud

49

as a theft offense; to provide that if "nonsupport

50

of dependents" is based on an abandonment of or

51

failure to support a child or a person to whom a

52

court order requires support and is a felony the

53

sentencing court generally must first consider

54

placing the offender on one or more community

55

control sanctions; to eliminate the difference in

56

criminal penalties for crack cocaine and powder

57

cocaine; to revise some of the penalties for

58

trafficking in marihuana or hashish, for

59

possession of marihuana, cocaine, or hashish, and

60

for all third degree felony drug offenses that

61

currently have mandatory prison terms; to prohibit

62

a convicted sex offender from possessing a

63

photograph of the offender's victim while the

64

offender is serving a term of confinement for that

65

offense and to prohibit a child-victim offender

66

from possessing a photograph of any minor child

67

while the child-victim offender is serving a term

68

of confinement for that offense; to revise

69

procedures for notification of victims when

70

violent offenders escape from the Department of

71

Rehabilitation and Correction; to modify the

72

number of Parole Board members required to conduct

73

a full Board hearing; to limit a member of the

74

Parole Board appointed after the bill's effective

75

date who is not the Chairperson or a victim

76

representative to two six-year terms; to revise

77

the eligibility criteria for, and procedures

78

governing, intervention in lieu of conviction; to

79

revise the eligibility criteria for judicial

80

release; to reduce the penalty for the offense of

81

"escape" when it involves certain conduct by a

82

person under supervised release by the Department;

83

to revise the procedure for prisoners in state

84

correctional institutions to earn days of credit

85

for productive participation in specified prison

86

programs and the number of days of credit that may

87

be earned; to require judges who sentence an

88

offender to a prison term to include in the

89

sentence notice to the offender that the offender

90

may be eligible to earn such days of credit; to

91

require GPS monitoring of a prisoner placed on

92

post-release control who was released early from

93

prison due to earning 60 or more days of credit;

94

to enact a new mechanism for the possible release

95

with sentencing court approval of certain

96

Department inmates who have served at least 80% of

97

their prison term; to expand the membership of a

98

county's local corrections planning board; to

99

expand the authorization to transfer certain Ohio

100

prisoners for pretrial confinement to a contiguous

101

county in an adjoining state to also apply to

102

postconviction confinement and confinement upon

103

civil process; to make changes regarding halfway

104

houses and community residential centers and

105

authorize reentry centers; to provide for the

106

establishment and operation of community

107

alternative sentencing centers for misdemeanants

108

sentenced directly to the centers under a

109

community residential sanction or an OVI term of

110

confinement not exceeding 60 days; to change the

111

membership of the Ex-offender Reentry Coalition by

112

reducing the number and functions of members from

113

the Governor's office and adding the Director of

114

Veterans Services; to remove judges from the

115

membership of a corrections commission and instead

116

have them form an advisory board; to require the

117

Department to develop a reentry plan for each

118

inmate committed to the Department who was not

119

sentenced to a term of life without parole or a

120

sentence of death and who is expected to be

121

imprisoned for more than 30 days; to revise the

122

procedures governing the Department's issuance of

123

an inmate identification card upon an inmate's

124

release and the use of such a card to obtain a

125

state identification card; to authorize, instead

126

of requiring, the Department to discontinue

127

subsidy payment to a political subdivision that

128

reduces local funding for corrections by the

129

amount of a community-based corrections subsidy or

130

that uses a subsidy for capital improvements; to

131

adopt a single validated risk assessment tool to

132

be used by courts at their option and by probation

133

departments and the Department of Rehabilitation

134

and Correction to evaluate risk levels of

135

offenders; to provide judges the option of risk

136

reduction sentencing to allow for early release of

137

certain prisoners who complete treatment and

138

programming while incarcerated; to generally

139

require offenders convicted of or pleading guilty

140

to a felony of the fourth or fifth degree that is

141

not a specified offense to serve community control

142

sanctions when the conviction or plea did not

143

occur in specified circumstances; to create the

144

offense of trespass in a habitation of a person

145

when any person other than an accomplice of the

146

offender is present or likely to be present; to

147

change the sentencing structure for felonies of

148

the first degree and for felonies of the third

149

degree that are not specified types of offenses;

150

to require the Department of Rehabilitation and

151

Correction to adopt specified types of standards

152

regarding sentencing to community-based

153

correctional facilities and community corrections

154

programs; to reduce duplication of probation

155

supervision resources; to require the Department

156

of Rehabilitation and Correction to establish and

157

administer the probation improvement grant and the

158

probation incentive grant; to encourage a county

159

and the Juvenile Court that serves the county to

160

use the moneys in the county treasury's Felony

161

Delinquent Care and Custody Fund to

162

research-supported, outcome-based programs and

163

services; to expand the circumstances in which a

164

delinquent child committed to the Department of

165

Youth Services may be granted a judicial release;

166

to establish procedures for determining the

167

competency to participate in the proceeding of a

168

child who is the subject of a complaint alleging

169

that the child is a delinquent child and

170

procedures for a child to attain competency if the

171

child is found to be incompetent; to establish an

172

interagency task force to investigate and make

173

recommendations on how to most effectively treat

174

delinquent youth who suffer from serious mental

175

illness or emotional and behavioral disorders; to

176

establish a new mechanism, which may involve

177

transfer back to a juvenile court, for determining

178

the sanction for certain children who are

179

convicted of a crime in criminal court after their

180

case is transferred under a specified mandatory

181

transfer provision; to revise the provision

182

regarding commitment of a delinquent child to the

183

Department of Youth Services for being complicit

184

in the commission of an act by another that

185

constitutes a firearm specification; to modify the

186

required content of complaints alleging chronic or

187

habitual truancy; to revise the time for

188

notification of bail forfeiture proceedings

189

regarding recognizance's; to require the

190

Department of Rehabilitation and Correction to

191

conduct a study of assaults by inmates; to modify

192

the Ohio Criminal Sentencing Law based on the Ohio

193

Supreme Court's decisions in State v. Foster and

194

State v. Hodge; to prohibit the arrest, charging,

195

or conviction of a person for speeding based on a

196

peace officer's unaided visual estimation of the

197

speed of the vehicle; to modify the notifications

198

that must be given before a child is placed in

199

foster care if the child is an exceptional

200

behavioral needs child or has been adjudicated a

201

delinquent child for committing a felonious act;

202

to require the Department of Rehabilitation and

203

Correction to thoroughly review the cases of all

204

parole-eligible inmates who are sixty-five years

205

of age or older; to authorize libraries, museums,

206

archival institutions, and merchants to detain a

207

suspected shoplifter, etc., to offer pretrial

208

diversion and inform the suspect of other

209

available options; to provide for certificates of

210

achievement and employability for certain

211

Department of Rehabilitation and Correction

212

prisoners to be used by the recipient prisoner to

213

generally obtain relief from mandatory civil

214

impacts that would affect a potential job for

215

which the prisoner trained; and to revise certain

216

provisions of the Crime Victims Reparations Law.

217

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

Section 1.  That sections 109.42, 307.93, 309.18, 341.12,	218
926.99, 1333.99, 1707.99, 1716.99, 2151.23, 2151.55, 2151.551,	219
2151.552, 2151.553, 2151.554, 2152.02, 2152.021, 2152.12, 2152.13,	220
2152.14, 2152.17, 2152.22, 2301.27, 2301.30, 2743.51, 2743.56,	221
2743.59, 2743.60, 2901.08, 2903.01, 2903.11, 2903.12, 2903.13,	222
2905.01, 2905.02, 2907.21, 2907.22, 2907.323, 2909.03, 2909.05,	223
2909.11, 2911.12, 2913.01, 2913.02, 2913.03, 2913.04, 2913.11,	224
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	225
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	226
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21,	227
2919.22, 2921.13, 2921.34, 2921.41, 2923.01, 2923.31, 2923.32,	228
2925.01, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.11,	229
2925.36, 2929.01, 2929.11, 2929.13, 2929.14, 2929.15, 2929.19,	230
2929.191, 2929.20, 2929.26, 2929.34, 2929.41, 2930.12, 2930.16,	231
2930.17, 2935.041, 2937.36, 2941.141, 2941.142, 2941.143,	232
2941.144, 2941.145, 2941.146, 2941.1411, 2941.1412, 2941.1414,	233
2941.1415, 2941.1421, 2941.1422, 2941.1423, 2950.99, 2951.041,	234
2951.08, 2953.08, 2967.14, 2967.193, 2967.28, 2971.03, 2981.07,	235
3719.99, 4507.51, 4511.091, 4729.99, 5120.031, 5120.07, 5120.111,	236
5120.16, 5120.331, 5120.48, 5120.59, 5120.60, 5120.66, 5139.01,	237
5139.06, 5139.18, 5139.20, 5139.43, 5139.52, 5149.01, 5149.10,	238
5149.31, 5149.32, 5149.33, 5149.34, and 5149.36 be amended and	239
sections 307.932, 2151.555, 2152.121, 2152.51, 2152.52, 2152.53,	240
2152.54, 2152.55, 2152.56, 2152.57, 2152.58, 2152.59, 2301.271,	241
2743.601, 2929.143, 2950.17, 2951.022, 2961.21, 2961.22, 2961.23,	242
2961.24, 2967.19, 5120.036, 5120.113, 5120.114, 5120.115, and	243
5149.311 of the Revised Code be enacted to read as follows:	244

Sec. 109.42.  (A) The attorney general shall prepare and have	245
printed a pamphlet that contains a compilation of all statutes	246
relative to victim's rights in which the attorney general lists	247
and explains the statutes in the form of a victim's bill of	248
rights. The attorney general shall distribute the pamphlet to all	249
sheriffs, marshals, municipal corporation and township police	250
departments, constables, and other law enforcement agencies, to	251
all prosecuting attorneys, city directors of law, village	252
solicitors, and other similar chief legal officers of municipal	253
corporations, and to organizations that represent or provide	254
services for victims of crime. The victim's bill of rights set	255
forth in the pamphlet shall contain a description of all of the	256
rights of victims that are provided for in Chapter 2930. or in any	257
other section of the Revised Code and shall include, but not be	258
limited to, all of the following:	259

(1) The right of a victim or a victim's representative to	260
attend a proceeding before a grand jury, in a juvenile case, or in	261
a criminal case pursuant to a subpoena without being discharged	262
from the victim's or representative's employment, having the	263
victim's or representative's employment terminated, having the	264
victim's or representative's pay decreased or withheld, or	265
otherwise being punished, penalized, or threatened as a result of	266
time lost from regular employment because of the victim's or	267
representative's attendance at the proceeding pursuant to the	268
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	269
2945.451 of the Revised Code;	270

(2) The potential availability pursuant to section 2151.359	271
or 2152.61 of the Revised Code of a forfeited recognizance to pay	272
damages caused by a child when the delinquency of the child or	273
child's violation of probation or community control is found to be	274
proximately caused by the failure of the child's parent or	275
guardian to subject the child to reasonable parental authority or	276
to faithfully discharge the conditions of probation or community	277
control;	278

(3) The availability of awards of reparations pursuant to	279
sections 2743.51 to 2743.72 of the Revised Code for injuries	280
caused by criminal offenses;	281

(4) The right of the victim in certain criminal or juvenile	282
cases or a victim's representative to receive, pursuant to section	283
2930.06 of the Revised Code, notice of the date, time, and place	284
of the trial or delinquency proceeding in the case or, if there	285
will not be a trial or delinquency proceeding, information from	286
the prosecutor, as defined in section 2930.01 of the Revised Code,	287
regarding the disposition of the case;	288

(5) The right of the victim in certain criminal or juvenile	289
cases or a victim's representative to receive, pursuant to section	290
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	291
name of the person charged with the violation, the case or docket	292
number assigned to the charge, and a telephone number or numbers	293
that can be called to obtain information about the disposition of	294
the case;	295

(6) The right of the victim in certain criminal or juvenile	296
cases or of the victim's representative pursuant to section	297
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	298
terms set by the court as authorized under section 2930.14 of the	299
Revised Code, to make a statement about the victimization and, if	300
applicable, a statement relative to the sentencing or disposition	301
of the offender;	302

(7) The opportunity to obtain a court order, pursuant to	303
section 2945.04 of the Revised Code, to prevent or stop the	304
commission of the offense of intimidation of a crime victim or	305
witness or an offense against the person or property of the	306
complainant, or of the complainant's ward or child;	307

(8) The right of the victim in certain criminal or juvenile	308
cases or a victim's representative pursuant to sections 2151.38,	309
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	310
receive notice of a pending motion for judicial release, release	311
pursuant to section 2967.19 of the Revised Code, or other early	312
release of the person who committed the offense against the	313
victim, to make an oral or written statement at the court hearing	314
on the motion, and to be notified of the court's decision on the	315
motion;	316

(9) The right of the victim in certain criminal or juvenile	317
cases or a victim's representative pursuant to section 2930.16,	318
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	319
of any pending commutation, pardon, parole, transitional control,	320
discharge, other form of authorized release, post-release control,	321
or supervised release for the person who committed the offense	322
against the victim or any application for release of that person	323
and to send a written statement relative to the victimization and	324
the pending action to the adult parole authority or the release	325
authority of the department of youth services;	326

(10) The right of the victim to bring a civil action pursuant	327
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	328
from the offender's profit fund;	329

(11) The right, pursuant to section 3109.09 of the Revised	330
Code, to maintain a civil action to recover compensatory damages	331
not exceeding ten thousand dollars and costs from the parent of a	332
minor who willfully damages property through the commission of an	333
act that would be a theft offense, as defined in section 2913.01	334
of the Revised Code, if committed by an adult;	335

(12) The right, pursuant to section 3109.10 of the Revised	336
Code, to maintain a civil action to recover compensatory damages	337
not exceeding ten thousand dollars and costs from the parent of a	338
minor who willfully and maliciously assaults a person;	339

(13) The possibility of receiving restitution from an	340
offender or a delinquent child pursuant to section 2152.20,	341
2929.18, or 2929.28 of the Revised Code;	342

(14) The right of the victim in certain criminal or juvenile	343
cases or a victim's representative, pursuant to section 2930.16 of	344
the Revised Code, to receive notice of the escape from confinement	345
or custody of the person who committed the offense, to receive	346
that notice from the custodial agency of the person at the	347
victim's last address or telephone number provided to the	348
custodial agency, and to receive notice that, if either the	349
victim's address or telephone number changes, it is in the	350
victim's interest to provide the new address or telephone number	351
to the custodial agency;	352

(15) The right of a victim of domestic violence to seek the	353
issuance of a civil protection order pursuant to section 3113.31	354
of the Revised Code, the right of a victim of a violation of	355
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	356
of the Revised Code, a violation of a substantially similar	357
municipal ordinance, or an offense of violence who is a family or	358
household member of the offender at the time of the offense to	359
seek the issuance of a temporary protection order pursuant to	360
section 2919.26 of the Revised Code, and the right of both types	361
of victims to be accompanied by a victim advocate during court	362
proceedings;	363

(16) The right of a victim of a sexually oriented offense or	364
of a child-victim oriented offense that is committed by a person	365
who is convicted of, pleads guilty to, or is adjudicated a	366
delinquent child for committing the offense and who is in a	367
category specified in division (B) of section 2950.10 of the	368
Revised Code to receive, pursuant to that section, notice that the	369
person has registered with a sheriff under section 2950.04,	370
2950.041, or 2950.05 of the Revised Code and notice of the	371
person's name, the person's residence that is registered, and the	372
offender's school, institution of higher education, or place of	373
employment address or addresses that are registered, the person's	374
photograph, and a summary of the manner in which the victim must	375
make a request to receive the notice. As used in this division,	376
"sexually oriented offense" and "child-victim oriented offense"	377
have the same meanings as in section 2950.01 of the Revised Code.	378

(17) The right of a victim of certain sexually violent	379
offenses committed by an offender who also is convicted of or	380
pleads guilty to a sexually violent predator specification and who	381
is sentenced to a prison term pursuant to division (A)(3) of	382
section 2971.03 of the Revised Code, of a victim of a violation of	383
division (A)(1)(b) of section 2907.02 of the Revised Code	384
committed on or after January 2, 2007, by an offender who is	385
sentenced for the violation pursuant to division (B)(1)(a), (b),	386
or (c) of section 2971.03 of the Revised Code, of a victim of an	387
attempted rape committed on or after January 2, 2007, by an	388
offender who also is convicted of or pleads guilty to a	389
specification of the type described in section 2941.1418,	390
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	391
the violation pursuant to division (B)(2)(a), (b), or (c) of	392
section 2971.03 of the Revised Code, and of a victim of an offense	393
that is described in division (B)(3)(a), (b), (c), or (d) of	394
section 2971.03 of the Revised Code and is committed by an	395
offender who is sentenced pursuant to one of those divisions to	396
receive, pursuant to section 2930.16 of the Revised Code, notice	397
of a hearing to determine whether to modify the requirement that	398
the offender serve the entire prison term in a state correctional	399
facility, whether to continue, revise, or revoke any existing	400
modification of that requirement, or whether to terminate the	401
prison term. As used in this division, "sexually violent offense"	402
and "sexually violent predator specification" have the same	403
meanings as in section 2971.01 of the Revised Code.	404

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	405
prosecuting attorney, assistant prosecuting attorney, city	406
director of law, assistant city director of law, village	407
solicitor, assistant village solicitor, or similar chief legal	408
officer of a municipal corporation or an assistant of any of those	409
officers who prosecutes an offense committed in this state, upon	410
first contact with the victim of the offense, the victim's family,	411
or the victim's dependents, shall give the victim, the victim's	412
family, or the victim's dependents a copy of the pamphlet prepared	413
pursuant to division (A) of this section and explain, upon	414
request, the information in the pamphlet to the victim, the	415
victim's family, or the victim's dependents.	416

(b) Subject to division (B)(1)(c) of this section, a law	417
enforcement agency that investigates an offense or delinquent act	418
committed in this state shall give the victim of the offense or	419
delinquent act, the victim's family, or the victim's dependents a	420
copy of the pamphlet prepared pursuant to division (A) of this	421
section at one of the following times:	422

(i) Upon first contact with the victim, the victim's family,	423
or the victim's dependents;	424

(ii) If the offense or delinquent act is an offense of	425
violence, if the circumstances of the offense or delinquent act	426
and the condition of the victim, the victim's family, or the	427
victim's dependents indicate that the victim, the victim's family,	428
or the victim's dependents will not be able to understand the	429
significance of the pamphlet upon first contact with the agency,	430
and if the agency anticipates that it will have an additional	431
contact with the victim, the victim's family, or the victim's	432
dependents, upon the agency's second contact with the victim, the	433
victim's family, or the victim's dependents.	434

If the agency does not give the victim, the victim's family,	435
or the victim's dependents a copy of the pamphlet upon first	436
contact with them and does not have a second contact with the	437
victim, the victim's family, or the victim's dependents, the	438
agency shall mail a copy of the pamphlet to the victim, the	439
victim's family, or the victim's dependents at their last known	440
address.	441

(c) In complying on and after December 9, 1994, with the	442
duties imposed by division (B)(1)(a) or (b) of this section, an	443
official or a law enforcement agency shall use copies of the	444
pamphlet that are in the official's or agency's possession on	445
December 9, 1994, until the official or agency has distributed all	446
of those copies. After the official or agency has distributed all	447
of those copies, the official or agency shall use only copies of	448
the pamphlet that contain at least the information described in	449
divisions (A)(1) to (17) of this section.	450

(2) The failure of a law enforcement agency or of a	451
prosecuting attorney, assistant prosecuting attorney, city	452
director of law, assistant city director of law, village	453
solicitor, assistant village solicitor, or similar chief legal	454
officer of a municipal corporation or an assistant to any of those	455
officers to give, as required by division (B)(1) of this section,	456
the victim of an offense or delinquent act, the victim's family,	457
or the victim's dependents a copy of the pamphlet prepared	458
pursuant to division (A) of this section does not give the victim,	459
the victim's family, the victim's dependents, or a victim's	460
representative any rights under section 2743.51 to 2743.72,	461
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	462
Revised Code or under any other provision of the Revised Code and	463
does not affect any right under those sections.	464

(3) A law enforcement agency, a prosecuting attorney or	465
assistant prosecuting attorney, or a city director of law,	466
assistant city director of law, village solicitor, assistant	467
village solicitor, or similar chief legal officer of a municipal	468
corporation that distributes a copy of the pamphlet prepared	469
pursuant to division (A) of this section shall not be required to	470
distribute a copy of an information card or other printed material	471
provided by the clerk of the court of claims pursuant to section	472
2743.71 of the Revised Code.	473

(C) The cost of printing and distributing the pamphlet	474
prepared pursuant to division (A) of this section shall be paid	475
out of the reparations fund, created pursuant to section 2743.191	476
of the Revised Code, in accordance with division (D) of that	477
section.	478

(D) As used in this section:

479

(1) "Victim's representative" has the same meaning as in	480
section 2930.01 of the Revised Code;	481

(2) "Victim advocate" has the same meaning as in section	482
2919.26 of the Revised Code.	483

Sec. 307.93.  (A) The boards of county commissioners of two	484
or more adjacent counties may contract for the joint establishment	485
of a multicounty correctional center, and the board of county	486
commissioners of a county or the boards of two or more counties	487
may contract with any municipal corporation or municipal	488
corporations located in that county or those counties for the	489
joint establishment of a municipal-county or multicounty-municipal	490
correctional center. The center shall augment county and, where	491
applicable, municipal jail programs and facilities by providing	492
custody and rehabilitative programs for those persons under the	493
charge of the sheriff of any of the contracting counties or of the	494
officer or officers of the contracting municipal corporation or	495
municipal corporations having charge of persons incarcerated in	496
the municipal jail, workhouse, or other correctional facility who,	497
in the opinion of the sentencing court, need programs of custody	498
and rehabilitation not available at the county or municipal jail	499
and by providing custody and rehabilitative programs in accordance	500
with division (C) of this section, if applicable. The contract may	501
include, but need not be limited to, provisions regarding the	502
acquisition, construction, maintenance, repair, termination of	503
operations, and administration of the center. The contract shall	504
prescribe the manner of funding of, and debt assumption for, the	505
center and the standards and procedures to be followed in the	506
operation of the center. Except as provided in division (H) of	507
this section, the contracting counties and municipal corporations	508
shall form a corrections commission to oversee the administration	509
of the center. Members of the commission shall consist of the	510
sheriff of each participating county, the presidenta member of	511
the board of county commissioners of each participating county,	512
the presiding judge of the court of common pleas of each	513
participating county, or, if the court of common pleas of a	514
participating county has only one judge, then that judge, the	515
chief of police of each participating municipal corporation, and	516
the mayor or city manager of each participating municipal	517
corporation, and the presiding judge or the sole judge of the	518
municipal court of each participating municipal corporation. Any	519
of the foregoing officers may appoint a designee to serve in the	520
officer's place on the corrections commission. The standards and	521
procedures shall be formulated and agreed to by the commission and	522
may be amended at any time during the life of the contract by	523
agreement of the parties to the contract upon the advice of the	524
commission. The standards and procedures formulated by the	525
commission shall include, but need not be limited to, designation	526
of the person in charge of the center, designation of a fiscal	527
agent, the categories of employees to be employed at the center,	528
the appointing authority of the center, and the standards of	529
treatment and security to be maintained at the center. The person	530
in charge of, and all persons employed to work at, the center	531
shall have all the powers of police officers that are necessary	532
for the proper performance of the duties relating to their	533
positions at the center.	534

(B)(1) Upon the establishment of a corrections commission	535
under division (A) of this section, the judges specified in this	536
division shall form a judicial advisory board for the purpose of	537
making recommendations to the corrections commission on issues of	538
bed allocation, expansion of the center that the corrections	539
commission oversees, and other issues concerning the	540
administration of sentences or any other matter determined to be	541
appropriate by the board. The judges who shall form the judicial	542
advisory board for a corrections commission are the administrative	543
judge of the general division of the court of common pleas of each	544
county participating in the corrections center, the presiding	545
judge of the municipal court of each municipal corporation	546
participating in the corrections center, and the presiding judge	547
of each county court of each county participating in the	548
corrections center. If the number of the foregoing members of the	549
board is even, the county auditor or the county auditor of the	550
most populous county if the board serves more than one county	551
shall also be a member of the board. Any of the foregoing judges	552
may appoint a designee to serve in the judge's place on the	553
judicial advisory board, provided that the designee shall be a	554
judge of the same court as the judge who makes the appointment.	555
The judicial advisory board for a corrections commission shall	556
meet with the corrections commission at least once each year.	557

(2) Each board of county commissioners that enters a contract	558
under division (A) of this section may appoint a building	559
commission pursuant to section 153.21 of the Revised Code. If any	560
commissions are appointed, they shall function jointly in the	561
construction of a multicounty or multicounty-municipal	562
correctional center with all the powers and duties authorized by	563
law.	564

(C) Prior to the acceptance for custody and rehabilitation	565
into a center established under this section of any persons who	566
are designated by the department of rehabilitation and correction,	567
who plead guilty to or are convicted of a felony of the fourth or	568
fifth degree, and who satisfy the other requirements listed in	569
section 5120.161 of the Revised Code, the corrections commission	570
of a center established under this section shall enter into an	571
agreement with the department of rehabilitation and correction	572
under section 5120.161 of the Revised Code for the custody and	573
rehabilitation in the center of persons who are designated by the	574
department, who plead guilty to or are convicted of a felony of	575
the fourth or fifth degree, and who satisfy the other requirements	576
listed in that section, in exchange for a per diem fee per person.	577
Persons incarcerated in the center pursuant to an agreement	578
entered into under this division shall be subject to supervision	579
and control in the manner described in section 5120.161 of the	580
Revised Code. This division does not affect the authority of a	581
court to directly sentence a person who is convicted of or pleads	582
guilty to a felony to the center in accordance with section	583
2929.16 of the Revised Code.	584

(D) Pursuant to section 2929.37 of the Revised Code, each	585
board of county commissioners and the legislative authority of	586
each municipal corporation that enters into a contract under	587
division (A) of this section may require a person who was	588
convicted of an offense, who is under the charge of the sheriff of	589
their county or of the officer or officers of the contracting	590
municipal corporation or municipal corporations having charge of	591
persons incarcerated in the municipal jail, workhouse, or other	592
correctional facility, and who is confined in the multicounty,	593
municipal-county, or multicounty-municipal correctional center as	594
provided in that division, to reimburse the applicable county or	595
municipal corporation for its expenses incurred by reason of the	596
person's confinement in the center.	597

(E) Notwithstanding any contrary provision in this section or	598
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	599
corrections commission of a center may establish a policy that	600
complies with section 2929.38 of the Revised Code and that	601
requires any person who is not indigent and who is confined in the	602
multicounty, municipal-county, or multicounty-municipal	603
correctional center to pay a reception fee, a fee for medical	604
treatment or service requested by and provided to that person, or	605
the fee for a random drug test assessed under division (E) of	606
section 341.26 of the Revised Code.	607

(F)(1) The corrections commission of a center established	608
under this section may establish a commissary for the center. The	609
commissary may be established either in-house or by another	610
arrangement. If a commissary is established, all persons	611
incarcerated in the center shall receive commissary privileges. A	612
person's purchases from the commissary shall be deducted from the	613
person's account record in the center's business office. The	614
commissary shall provide for the distribution to indigent persons	615
incarcerated in the center of necessary hygiene articles and	616
writing materials.	617

(2) If a commissary is established, the corrections	618
commission of a center established under this section shall	619
establish a commissary fund for the center. The management of	620
funds in the commissary fund shall be strictly controlled in	621
accordance with procedures adopted by the auditor of state.	622
Commissary fund revenue over and above operating costs and reserve	623
shall be considered profits. All profits from the commissary fund	624
shall be used to purchase supplies and equipment for the benefit	625
of persons incarcerated in the center and to pay salary and	626
benefits for employees of the center, or for any other persons,	627
who work in or are employed for the sole purpose of providing	628
service to the commissary. The corrections commission shall adopt	629
rules and regulations for the operation of any commissary fund it	630
establishes.	631

(G) In lieu of forming a corrections commission to administer	632
a multicounty correctional center or a municipal-county or	633
multicounty-municipal correctional center, the boards of county	634
commissioners and the legislative authorities of the municipal	635
corporations contracting to establish the center may also agree to	636
contract for the private operation and management of the center as	637
provided in section 9.06 of the Revised Code, but only if the	638
center houses only misdemeanant inmates. In order to enter into a	639
contract under section 9.06 of the Revised Code, all the boards	640
and legislative authorities establishing the center shall approve	641
and be parties to the contract.	642

(H) If a person who is convicted of or pleads guilty to an	643
offense is sentenced to a term in a multicounty correctional	644
center or a municipal-county or multicounty-municipal correctional	645
center or is incarcerated in the center in the manner described in	646
division (C) of this section, or if a person who is arrested for	647
an offense, and who has been denied bail or has had bail set and	648
has not been released on bail is confined in a multicounty	649
correctional center or a municipal-county or multicounty-municipal	650
correctional center pending trial, at the time of reception and at	651
other times the officer, officers, or other person in charge of	652
the operation of the center determines to be appropriate, the	653
officer, officers, or other person in charge of the operation of	654
the center may cause the convicted or accused offender to be	655
examined and tested for tuberculosis, HIV infection, hepatitis,	656
including but not limited to hepatitis A, B, and C, and other	657
contagious diseases. The officer, officers, or other person in	658
charge of the operation of the center may cause a convicted or	659
accused offender in the center who refuses to be tested or treated	660
for tuberculosis, HIV infection, hepatitis, including but not	661
limited to hepatitis A, B, and C, or another contagious disease to	662
be tested and treated involuntarily.	663

(I) As used in this section, "multicounty-municipal" means	664
more than one county and a municipal corporation, or more than one	665
municipal corporation and a county, or more than one municipal	666
corporation and more than one county.	667

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

668

(1) "Division of parole and community services" means the	669
division of parole and community services of the department of	670
rehabilitation and correction.	671

(2) "Eligible offender" means, in relation to a particular	672
community alternative sentencing center or district community	673
alternative sentencing center established and operated under	674
division (E) of this section, an offender who has been convicted	675
of or pleaded guilty to a qualifying misdemeanor offense, for whom	676
no provision of the Revised Code or ordinance of a municipal	677
corporation other than section 4511.19 of the Revised Code, both	678
section 4510.14 and 4511.19 of the Revised Code, or an ordinance	679
or ordinances of a municipal corporation that provide the	680
penalties for a municipal OVI offense or for both a municipal OVI	681
ordinance and a municipal DUS ordinance of the municipal	682
corporation requires the imposition of a mandatory jail term for	683
that qualifying misdemeanor offense, and who is eligible to be	684
sentenced directly to that center and admitted to it under rules	685
adopted under division (G) of this section by the board of county	686
commissioners or affiliated group of boards of county	687
commissioners that established and operates that center.	688

(3) "Municipal OVI offense" has the same meaning as in	689
section 4511.181 of the Revised Code.	690

(4) "OVI term of confinement" means a term of confinement	691
imposed for a violation of section 4511.19 of the Revised Code or	692
for a municipal OVI offense, including any mandatory jail term or	693
mandatory term of local incarceration imposed for that violation	694
or offense.	695

(5) "Community residential sanction" means a community	696
residential sanction imposed under section 2929.26 of the Revised	697
Code for a misdemeanor violation of a section of the Revised Code	698
or a term of confinement imposed for a misdemeanor violation of a	699
municipal ordinance that is not a jail term.	700

(6) "Qualifying misdemeanor offense" means a violation of any	701
section of the Revised Code that is a misdemeanor or a violation	702
of any ordinance of a municipal corporation located in the county	703
that is a misdemeanor.	704

(7) "Municipal DUS offense" means a violation of a municipal	705
ordinance that is substantially equivalent to section 4510.14 of	706
the Revised Code.	707

(B)(1) The board of county commissioners of any county, in	708
consultation with the sheriff of the county, may formulate a	709
proposal for a community alternative sentencing center that, upon	710
implementation by the county or being subcontracted to or operated	711
by a nonprofit organization, would be used for the confinement of	712
eligible offenders sentenced directly to the center by a court	713
located in the county pursuant to a community residential sanction	714
of not more than thirty days or pursuant to an OVI term of	715
confinement of not more than sixty days, and for the purpose of	716
closely monitoring those eligible offenders' adjustment to	717
community supervision. A board that formulates a proposal pursuant	718
to this division shall do so by resolution.	719

(2) The boards of county commissioners of two or more	720
adjoining or neighboring counties, in consultation with the	721
sheriffs of each of those counties, may affiliate and formulate by	722
resolution adopted by each of them a proposal for a district	723
community alternative sentencing center that, upon implementation	724
by the counties or being subcontracted to or operated by a	725
nonprofit organization, would be used for the confinement of	726
eligible offenders sentenced directly to the center by a court	727
located in any of those counties pursuant to a community	728
residential sanction of not more than thirty days or pursuant to	729
an OVI term of confinement of not more than sixty days, and for	730
the purpose of closely monitoring those eligible offenders'	731
adjustment to community supervision. Each board that affiliates	732
with one or more other boards to formulate a proposal pursuant to	733
this division shall formulate the proposal by resolution.	734

(C) Each proposal for a community alternative sentencing	735
center or a district community alternative sentencing center that	736
is formulated under division (B)(1) or (2) of this section shall	737
include proposals for operation of the center and for criteria to	738
define which offenders are eligible to be sentenced directly to	739
the center and admitted to it. At a minimum, the proposed criteria	740
that define which offenders are eligible to be sentenced directly	741
to the center and admitted to it shall provide all of the	742
following:	743

(1) That an offender is eligible to be sentenced directly to	744
the center and admitted to it if the offender has been convicted	745
of or pleaded guilty to a qualifying misdemeanor offense and is	746
sentenced directly to the center for the qualifying misdemeanor	747
offense pursuant to a community residential sanction of not more	748
than thirty days or pursuant to an OVI term of confinement of not	749
more than sixty days by a court that is located in the county or	750
one of the counties served by the board of county commissioners or	751
by any of the affiliated group of boards of county commissioners	752
that submits the proposal;	753

(2) That, except as otherwise provided in this division, no	754
offender is eligible to be sentenced directly to the center or	755
admitted to it if, in addition to the community residential	756
sanction or OVI term of confinement described in division (C)(1)	757
of this section, the offender is serving or has been sentenced to	758
serve any other jail term, prison term, or community residential	759
sanction. A mandatory jail term or electronic monitoring imposed	760
in lieu of a mandatory jail term for a violation of section	761
4511.19 of the Revised Code, for a municipal OVI offense, or for	762
either such offense and a similar offense that exceeds sixty days	763
of confinement shall not disqualify the offender from serving	764
sixty days of the mandatory jail term at the center.	765

(D) If a proposal for a community alternative sentencing	766
center or a district community alternative sentencing center that	767
is formulated under division (B)(1) or (2) of this section	768
contemplates the use of an existing facility, or a part of an	769
existing facility, as the center, nothing in this section limits,	770
restricts, or precludes the use of the facility, the part of the	771
facility, or any other part of the facility for any purpose other	772
than as a community alternative sentencing center or district	773
community alternative sentencing center.	774

(E) The establishment and operation of a community	775
alternative sentencing center or district community alternative	776
sentencing center may be done by subcontracting with a nonprofit	777
organization for the operation of the center.	778

If a board of county commissioners or an affiliated group of	779
boards of county commissioners establishes and operates a	780
community alternative sentencing center or district community	781
alternative sentencing center under this division, except as	782
otherwise provided in this division, the center is not a minimum	783
security jail under section 341.14, section 753.21, or any other	784
provision of the Revised Code, is not a jail or alternative	785
residential facility as defined in section 2929.01 of the Revised	786
Code, is not required to satisfy or comply with minimum standards	787
for minimum security jails or other jails that are promulgated	788
under division (A) of section 5120.10 of the Revised Code, is not	789
a local detention facility as defined in section 2929.36 of the	790
Revised Code, and is not a residential unit as defined in section	791
2950.01 of the Revised Code. The center is a detention facility as	792
defined in sections 2921.01 and 2923.124 of the Revised Code, and	793
an eligible offender confined in the center is under detention as	794
defined in section 2921.01 of the Revised Code. Regarding persons	795
sentenced directly to the center under an OVI term of confinement	796
or under both an OVI term of confinement and confinement for a	797
violation of section 4510.14 of the Revised Code or a municipal	798
DUS offense, the center shall be considered a "jail" or "local	799
correctional facility" for purposes of any provision in section	800
4510.14 or 4511.19 of the Revised Code or in an ordinance of a	801
municipal corporation that requires a mandatory jail term or	802
mandatory term of local incarceration for the violation of section	803
4511.19 of the Revised Code, the violation of both section 4510.14	804
and 4511.19 of the Revised Code, the municipal OVI offense, or the	805
municipal OVI offense and the municipal DUS offense, and a direct	806
sentence of a person to the center under an OVI term of	807
confinement or under both an OVI term of confinement and	808
confinement for a violation of section 4510.14 of the Revised Code	809
or a municipal DUS offense shall be considered to be a sentence to	810
a "jail" or "local correctional facility" for purposes of any such	811
provision in section 4510.14 or 4511.19 of the Revised Code or in	812
an ordinance of a municipal corporation.	813

(F)(1) If the board of county commissioners of a county that	814
is being served by a community alternative sentencing center	815
established pursuant to division (E) of this section determines	816
that it no longer wants to be served by the center, the board may	817
dissolve the center by adopting a resolution evidencing the	818
determination to dissolve the center.	819

(2) If the boards of county commissioners of all of the	820
counties served by any district community alternative sentencing	821
center established pursuant to division (E) of this section	822
determine that they no longer want to be served by the center, the	823
boards may dissolve the center by adopting in each county a	824
resolution evidencing the determination to dissolve the center.	825

(3) If at least one, but not all, of the boards of county	826
commissioners of the counties being served by any district	827
community alternative sentencing center established pursuant to	828
division (E) of this section determines that it no longer wants to	829
be served by the center, the board may terminate its involvement	830
with the center by adopting a resolution evidencing the	831
determination to terminate its involvement with the center. If at	832
least one, but not all, of the boards of county commissioners of	833
the counties being served by any community alternative sentencing	834
center terminates its involvement with the center in accordance	835
with this division, the other boards of county commissioners of	836
the counties being served by the center may continue to be served	837
by the center.	838

(G) Prior to establishing or operating a community	839
alternative sentencing center or a district community alternative	840
sentencing center, the board of county commissioners or the	841
affiliated group of boards of county commissioners that formulated	842
the proposal shall adopt rules for the operation of the center.	843
The rules shall include criteria that define which offenders are	844
eligible to be sentenced directly to the center and admitted to	845
it.	846

(H) If a board of county commissioners establishes and	847
operates a community alternative sentencing center under division	848
(E) of this section, or an affiliated group of boards of county	849
commissioners establishes and operates a district community	850
alternative sentencing center under that division, all of the	851
following apply:	852

(1) Any court located within the county served by the board	853
that establishes and operates a community correctional center may	854
directly sentence eligible offenders to the center pursuant to a	855
community residential sanction of not more than thirty days or	856
pursuant to an OVI term of confinement, a combination of an OVI	857
term of confinement and confinement for a violation of section	858
4510.14 of the Revised Code, or confinement for a municipal DUS	859
offense of not more than sixty days. Any court located within a	860
county served by any of the boards that establishes and operates a	861
district community correctional center may directly sentence	862
eligible offenders to the center pursuant to a community	863
residential sanction of not more than thirty days or pursuant to	864
an OVI term of confinement of not more than thirty days.	865

(2) Each eligible offender who is sentenced to the center as	866
described in division (H)(1) of this section and admitted to it	867
shall be offered during the eligible offender's confinement at the	868
center educational and vocational services and reentry planning	869
and may be offered any other treatment and rehabilitative services	870
that are available and that the court that sentenced the	871
particular eligible offender to the center and the administrator	872
of the center determine are appropriate based upon the offense for	873
which the eligible offender was sentenced to the community	874
residential sanction and the length of the sanction.	875

(3) Before accepting an eligible offender sentenced to the	876
center by a court, the board or the affiliated group of boards	877
shall enter into an agreement with a political subdivision that	878
operates that court that addresses the cost and payment of medical	879
treatment or services received by eligible offenders sentenced by	880
that court while they are confined in the center. The agreement	881
may provide for the payment of the costs by the particular	882
eligible offender who receives the treatment or services, as	883
described in division (I) of this section.	884

(4) If a court sentences an eligible offender to a center	885
under authority of division (H)(1) of this section, immediately	886
after the sentence is imposed, the eligible offender shall be	887
taken to the probation department that serves the court. The	888
department shall handle any preliminary matters regarding the	889
admission of the eligible offender to the center, including a	890
determination as to whether the eligible offender may be admitted	891
to the center under the criteria included in the rules adopted	892
under division (G) of this section that define which offenders are	893
eligible to be sentenced and admitted to the center. If the	894
eligible offender is accepted for admission to the center, the	895
department shall schedule the eligible offender for the admission	896
and shall provide for the transportation of the offender to the	897
center. If an eligible offender who is sentenced to the center	898
under a community residential sanction is not accepted for	899
admission to the center for any reason, the nonacceptance shall be	900
considered a violation of a condition of the community residential	901
sanction, the eligible offender shall be taken before the court	902
that imposed the sentence, and the court may proceed as specified	903
in division (C)(2) of section 2929.25 of the Revised Code based on	904
the violation or as provided by ordinance of the municipal	905
corporation based on the violation, whichever is applicable. If an	906
eligible offender who is sentenced to the center under an OVI term	907
of confinement is not accepted for admission to the center for any	908
reason, the eligible offender shall be taken before the court that	909
imposed the sentence, and the court shall determine the place at	910
which the offender is to serve the term of confinement. If the	911
eligible offender is admitted to the center, all of the following	912
apply:	913

(a) The admission shall be under the terms and conditions	914
established by the court and the administrator of the center, and	915
the court and the administrator of the center shall provide for	916
the confinement of the eligible offender and supervise the	917
eligible offender as provided in divisions (H)(4)(b) to (f) of	918
this section.	919

(b) The eligible offender shall be confined in the center	920
during any period of time that the eligible offender is not	921
actually working at the eligible offender's approved work release	922
described in division (H)(4)(c) of this section, engaged in	923
community service activities described in division (H)(4)(d) of	924
this section, engaged in authorized vocational training or another	925
authorized educational program, engaged in another program	926
designated by the administrator of the center, or engaged in other	927
activities approved by the court and the administrator of the	928
center.	929

(c) If the court and the administrator of the center	930
determine that work release is appropriate based upon the offense	931
for which the eligible offender was sentenced to the community	932
residential sanction or OVI term of confinement and the length of	933
the sanction or term, the eligible offender may be offered work	934
release from confinement at the center and be released from	935
confinement while engaged in the work release.	936

(d) If the administrator of the center determines that	937
community service is appropriate and if the eligible offender will	938
be confined for more than ten days at the center, the eligible	939
offender may be required to participate in community service	940
activities approved by the political subdivision served by the	941
court. Community service activities that may be required under	942
this division may take place in facilities of the political	943
subdivision that operates the court, in the community, or in both	944
such locales. The eligible offender shall be released from	945
confinement while engaged in the community service activities.	946
Community service activities required under this division shall be	947
supervised by the court or an official designated by the board of	948
county commissioners or affiliated group of boards of county	949
commissioners that established and is operating the center.	950
Community service activities required under this division shall	951
not exceed in duration the period for which the eligible offender	952
will be confined at the center under the community residential	953
sanction or the OVI term of confinement.	954

(e) The confinement of the eligible offender in the center	955
shall be considered for purposes of this division and division	956
(H)(4)(f) of this section as including any period of time	957
described in division (H)(4)(b) of this section when the eligible	958
offender may be outside of the center and shall continue until the	959
expiration of the community residential sanction, the OVI term of	960
confinement, or the combination of the OVI term of confinement and	961
the confinement for the violation of section 4510.14 of the	962
Revised Code or the municipal DUS ordinance that the eligible	963
offender is serving upon admission to the center.	964

(f) After the admission and until the expiration of the	965
community residential sanction or OVI term of confinement that the	966
eligible offender is serving upon admission to the center, the	967
eligible offender shall be considered for purposes of any	968
provision in Title XXIX of the Revised Code to be serving the	969
community residential sanction or OVI term of confinement.	970

(5) The administrator of the center, or the administrator's	971
designee, shall post a sign as described in division (A)(4) of	972
section 2923.1212 of the Revised Code in a conspicuous location at	973
the center.	974

(I) The board of county commissioners that establishes and	975
operates a community alternative sentencing center under division	976
(E) of this section, or the affiliated group of boards of county	977
commissioners that establishes and operates a district community	978
alternative sentencing center under that division, may require an	979
eligible offender who is sentenced directly to the center and	980
admitted to it to pay to the county served by the board or the	981
counties served by the affiliated group of boards or the entity	982
operating the center the reasonable expenses incurred by the	983
county or counties, whichever is applicable, in supervising or	984
confining the eligible offender after being sentenced to the	985
center and admitted. Inability to pay those reasonable expenses	986
shall not be grounds for refusing to admit an otherwise eligible	987
offender to the center.	988

(J)(1) If an eligible offender who is directly sentenced to a	989
community alternative sentencing center or district community	990
alternative sentencing center and admitted to the center	991
successfully completes the service of the community residential	992
sanction in the center, the administrator of the center shall	993
notify the court that imposed the sentence, and the court shall	994
enter into the journal that the eligible offender successfully	995
completed the service of the sanction.	996

(2) If an eligible offender who is directly sentenced to a	997
community alternative sentencing center or district community	998
alternative sentencing center and admitted to the center violates	999
any rule established under this section by the board of county	1000
commissioners or the affiliated group of boards of county	1001
commissioners that establishes and operates the center, violates	1002
any condition of the community residential sanction, the OVI term	1003
of confinement, or the combination of the OVI term of confinement	1004
and the confinement for the violation of section 4510.14 of the	1005
Revised Code or the municipal OVI ordinance imposed by the	1006
sentencing court, or otherwise does not successfully complete the	1007
service of the community residential sanction or OVI term of	1008
confinement in the center, the administrator of the center shall	1009
report the violation or failure to successfully complete the	1010
sanction or term directly to the court or to the probation	1011
department or probation officer with general control and	1012
supervision over the eligible offender. A failure to successfully	1013
complete the service of the community residential sanction, the	1014
OVI term of confinement, or the combination of the OVI term of	1015
confinement and the confinement for the violation of section	1016
4510.14 of the Revised Code or the municipal OVI ordinance in the	1017
center shall be considered a violation of a condition of the	1018
community residential sanction or the OVI term of confinement. If	1019
the administrator reports the violation to the probation	1020
department or probation officer, the department or officer shall	1021
report the violation to the court. Upon its receipt under this	1022
division of a report of a violation or failure to complete the	1023
sanction by a person sentenced to the center under a community	1024
residential sanction, the court may proceed as specified in	1025
division (C)(2) of section 2929.25 of the Revised Code based on	1026
the violation or as provided by ordinance of the municipal	1027
corporation based on the violation, whichever is applicable. Upon	1028
its receipt under this division of a report of a violation or	1029
failure to complete the term by a person sentenced to the center	1030
under an OVI term of confinement, the court shall determine the	1031
place at which the offender is to serve the remainder of the term	1032
of confinement. The eligible offender shall receive credit towards	1033
completing the eligible offender's sentence for the time spent in	1034
the center after admission to it.	1035

Sec. 309.18. (A) If a prosecuting attorney of a county	1036
receives notice from the department of rehabilitation and	1037
correction pursuant to section 5120.14 of the Revised Code that a	1038
person indicted in that county for an offense of violence that is	1039
a felony has escaped from a correctional institution under the	1040
control of the department or otherwise has escaped from the	1041
custody of the department, receives notice from the sheriff of the	1042
county pursuant to section 341.011 of the Revised Code that a	1043
person indicted for or otherwise charged with an offense of	1044
violence that is a felony and that was committed in the county has	1045
escaped from the county jail or workhouse or otherwise has escaped	1046
from the custody of the sheriff, or receives notice from a chief	1047
of police or other chief law enforcement officer of a municipal	1048
corporation pursuant to section 753.19 of the Revised Code that a	1049
person indicted for or otherwise charged with an offense of	1050
violence that is a felony and that was committed in the county has	1051
escaped from a jail or workhouse of that municipal corporation or	1052
otherwise has escaped from the custody of that municipal	1053
corporation, the prosecuting attorney shall notify each victim of	1054
an offense of violence that is a felony committed by that person	1055
of the person's escape and, if applicable, of histhe person's	1056
subsequent apprehension. The notice of escape shall be given as	1057
soon as possible after receipt of the notice from the department,	1058
sheriff, or chief law enforcement officer of the municipal	1059
corporation and shall be given by telephone or in person, except	1060
that, if a prosecuting attorney tries and fails to give the notice	1061
of escape by telephone at the victim's last known telephone number	1062
or tries and fails to give the notice of escape in person at the	1063
victim's last known address, the notice of escape shall be given	1064
to the victim at histhe victim's last known address by certified	1065
mail, return receipt requested. The notice of apprehension shall	1066
be given as soon as possible after the person is apprehended and	1067
shall be given in the same manner as is the notice of escape.	1068

Any prosecuting attorney who fails to give any notice	1069
required by this sectiondivision is immune from civil liability	1070
for any injury, death, or loss to person or property that might be	1071
incurred as a result of that failure to give notice.	1072

(B) If a prosecuting attorney of a county receives notice	1073
from the department of rehabilitation and correction pursuant to	1074
section 5120.14 of the Revised Code or otherwise receives notice	1075
from the department that a person who was convicted of or pleaded	1076
guilty in that county to an offense of violence that is a felony	1077
has escaped from a correctional institution under the control of	1078
the department or otherwise has escaped from the custody of the	1079
department, and if the office of victim services of the department	1080
requests assistance from the prosecuting attorney in identifying	1081
and locating the victim of the offense, the prosecuting attorney	1082
promptly shall provide the information requested, if available, to	1083
the office of victim services.	1084

Sec. 341.12. In a county not having a sufficient jail or	1085
staff, the sheriff shall convey any person charged with the	1086
commission of an offense, sentenced to imprisonment in the county	1087
jail, or in custody upon civil process to a jail in any county the	1088
sheriff considers most convenient and secure. In the case of a	1089
person who has been charged with an offense and is being held	1090
pending trialAs used in this paragraph, any county includes a	1091
contiguous county in an adjoining state.	1092

The sheriff may call such aid as is necessary in guarding,	1093
transporting, or returning such person. Whoever neglects or	1094
refuses to render such aid, when so called upon, shall forfeit and	1095
pay the sum of ten dollars, to be recovered by an action in the	1096
name and for the use of the county.	1097

Such sheriff and his assistants shall receive such	1098
compensation for their services as the county auditor of the	1099
county from which such person was removed considers reasonable.	1100
The compensation shall be paid from the county treasury on the	1101
warrant of the auditor.	1102

The receiving sheriff shall not, pursuant to this section,	1103
convey the person received to any county other than the one from	1104
which the person was removed.	1105

Sec. 926.99.  (A)(1) Except as provided in division (A)(2) of	1106
this section, whoever violates section 926.04 of the Revised Code	1107
is guilty of a misdemeanor of the first degree on a first offense	1108
and a felony of the fifth degree on each subsequent offense.	1109

(2) A person who violates section 926.04 of the Revised Code	1110
and who is insolvent and financially unable to satisfy a claimant	1111
as defined in section 926.021 of the Revised Code is guilty of a	1112
felony of the fifth degree if the financial obligation owed by the	1113
offender to the claimant is five hundredone thousand dollars or	1114
more and is less than fiveseven thousand five hundred dollars. If	1115
the financial obligation is fiveseven thousand five hundred	1116
dollars or more and is less than one hundred fifty thousand	1117
dollars, the offender is guilty of a felony of the fourth degree.	1118
If the financial obligation is one hundred fifty thousand dollars	1119
or more, the offender is guilty of a felony of the third degree.	1120

(B) Whoever violates division (E) or (F) of section 926.20 or	1121
division (A) of section 926.22 of the Revised Code is guilty of a	1122
minor misdemeanor on a first offense and a misdemeanor of the	1123
second degree on each subsequent offense.	1124

(C) Whoever violates division (G) of section 926.20 or	1125
section 926.34 or 926.35 of the Revised Code is guilty of a felony	1126
of the fourth degree.	1127

(D) Whoever violates division (A) of section 926.28 or	1128
division (B) of section 926.29 of the Revised Code is guilty of a	1129
felony of the fifth degree.	1130

(E) Whoever violates section 926.31 of the Revised Code is	1131
guilty of a misdemeanor of the fourth degree.	1132

Sec. 1333.99.  (A) Whoever violates sections 1333.01 to	1133
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1134

(B) Whoever violates section 1333.12 or 1333.71 of the	1135
Revised Code is guilty of a misdemeanor of the fourth degree.	1136

(C) Whoever violates section 1333.36 of the Revised Code is	1137
guilty of a misdemeanor of the third degree.	1138

(D) A prosecuting attorney may file an action to restrain any	1139
person found in violation of section 1333.36 of the Revised Code.	1140
Upon the filing of such an action, the common pleas court may	1141
receive evidence of such violation and forthwith grant a temporary	1142
restraining order as may be prayed for, pending a hearing on the	1143
merits of said cause.	1144

(E) Whoever violates division (A)(1) of section 1333.52 or	1145
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1146
the first degree.	1147

(F) Whoever violates division (A)(2) or (B) of section	1148
1333.52 of the Revised Code is guilty of a misdemeanor of the	1149
second degree.	1150

(G) Except as otherwise provided in this division, whoever	1151
violates section 1333.92 of the Revised Code is guilty of a	1152
misdemeanor of the first degree. If the value of the compensation	1153
is five hundredone thousand dollars or more and less than five	1154
seven thousand five hundred dollars, whoever violates section	1155
1333.92 of the Revised Code is guilty of a felony of the fifth	1156
degree. If the value of the compensation is fiveseven thousand	1157
five hundred dollars or more and less than one hundred fifty	1158
thousand dollars, whoever violates section 1333.92 of the Revised	1159
Code is guilty of a felony of the fourth degree. If the value of	1160
the compensation is one hundred fifty thousand dollars or more,	1161
whoever violates section 1333.92 of the Revised Code is guilty of	1162
a felony of the third degree.	1163

Sec. 1707.99.  Whoever commits any act described in division	1164
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1165
guilty of a violation of sections 1707.01 to 1707.45 of the	1166
Revised Code and the following apply to the offender:	1167

(A) If the value of the funds or securities involved in the	1168
offense or the loss to the victim is less than five hundredone	1169
thousand dollars, the offender is guilty of a felony of the fifth	1170
degree, and the court may impose upon the offender an additional	1171
fine of not more than two thousand five hundred dollars.	1172

(B) If the value of the funds or securities involved in the	1173
offense or the loss to the victim is five hundredone thousand	1174
dollars or more but less than fiveseven thousand five hundred	1175
dollars, the offender is guilty of a felony of the fourth degree,	1176
and the court may impose upon the offender an additional fine of	1177
not more than five thousand dollars.	1178

(C) If the value of the funds or securities involved in the	1179
offense or the loss to the victim is fiveseven thousand five	1180
hundred dollars or more but less than twenty-fivethirty-seven	1181
thousand five hundred dollars, the offender is guilty of a felony	1182
of the third degree, and the court may impose upon the offender an	1183
additional fine of not more than ten thousand dollars.	1184

(D) If the value of the funds or securities involved in the	1185
offense or the loss to the victim is twenty-fivethirty-seven	1186
thousand five hundred dollars or more but less than one hundred	1187
fifty thousand dollars, the offender is guilty of a felony of the	1188
second degree, and the court may impose upon the offender an	1189
additional fine of not more than fifteen thousand dollars.	1190

(E) If the value of the funds or securities involved in the	1191
offense or the loss to the victim is one hundred fifty thousand	1192
dollars or more, the offender is guilty of a felony of the first	1193
degree, and the court may impose upon the offender an additional	1194
fine of not more than twenty thousand dollars.	1195

Sec. 1716.99.  (A) Whoever violates any provision of sections	1196
1716.02 to 1716.17 of the Revised Code, other than division (A)(1)	1197
of section 1716.14 of the Revised Code, is guilty of a misdemeanor	1198
of the first degree.	1199

Each occurrence of a solicitation of a contribution from any	1200
person in violation of any provision of sections 1716.02 to	1201
1716.17 of the Revised Code, other than division (A)(1) of section	1202
1716.14 of the Revised Code, is considered a separate offense.	1203

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1204
the Revised Code is guilty of solicitation fraud and shall be	1205
punished as provided in divisions (B)(2) to (4) of this section.	1206

(2) Except as otherwise provided in division (B)(4) of this	1207
section, division (B)(3) of this section applies to solicitation	1208
fraud, and solicitation fraud is one of the following:	1209

(a) Except as otherwise provided in divisions (B)(2)(b) to	1210
(d) of this section, a misdemeanor of the first degree or, if the	1211
offender previously has been convicted of or pleaded guilty to a	1212
theft offense or a violation of division (A)(1) of section 1716.14	1213
of the Revised Code, a felony of the fifth degree.	1214

(b) If the value of the contribution or contributions made in	1215
the violation is five hundredone thousand dollars or more but	1216
less than fiveseven thousand five hundred dollars, a felony of	1217
the fifth degree or, if the offender previously has been convicted	1218
of or pleaded guilty to a theft offense or a violation of division	1219
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1220
fourth degree.	1221

(c) If the value of the contribution or contributions made in	1222
the violation is fiveseven thousand five hundred dollars or more	1223
but less than one hundred fifty thousand dollars, a felony of the	1224
fourth degree or, if the offender previously has been convicted of	1225
or pleaded guilty to a theft offense or a violation of division	1226
(A)(1) of section 1716.14 of the Revised Code, a felony of the	1227
third degree.	1228

(d) If the value of the contribution or contributions made in	1229
the violation is one hundred fifty thousand dollars or more, a	1230
felony of the third degree.	1231

(3) When an offender commits a series of offenses in	1232
violation of division (A)(1) of section 1716.14 of the Revised	1233
Code as part of a common scheme or plan to defraud multiple	1234
victims, all of the offenses may be tried as a single offense. If	1235
the offenses are tried as a single offense, the value of the	1236
contributions for purposes of determining the value as required by	1237
division (B)(2) of this section is the aggregate value of all	1238
contributions involved in all offenses in the common scheme or	1239
plan to defraud multiple victims. In prosecuting a single offense	1240
under this division, it is not necessary to separately allege and	1241
prove each offense in the series. Rather, it is sufficient to	1242
allege and prove that the offender, within a given span of time,	1243
committed one or more offenses as part of a common scheme or plan	1244
to defraud multiple victims as described in this division.	1245

(4) If the victim of the offense is an elderly person or	1246
disabled adult, division (B)(4) of this section and section	1247
2913.61 of the Revised Code apply to solicitation fraud, and	1248
solicitation fraud is one of the following:	1249

(a) Except as otherwise provided in divisions (B)(4)(b) to	1250
(d) of this section, a felony of the fifth degree;	1251

(b) If the value of the contributions made in the violation	1252
is five hundredone thousand dollars or more and is less than	1253
fiveseven thousand five hundred dollars, a felony of the fourth	1254
degree;	1255

(c) If the value of the contributions made in the violation	1256
is fiveseven thousand five hundred dollars or more and is less	1257
than twenty-fivethirty-seven thousand five hundred dollars, a	1258
felony of the third degree;	1259

(d) If the value of the contributions made in the violation	1260
is twenty-fivethirty-seven thousand five hundred dollars or more,	1261
a felony of the second degree.	1262

(C) Any person who is found guilty of any act or omission	1263
prohibited under this chapter shall forfeit the bond described in	1264
section 1716.05 or 1716.07 of the Revised Code to the state	1265
treasury to the credit of the charitable law fund established	1266
under section 109.32 of the Revised Code and shall be prohibited	1267
from registering with the attorney general or from serving as a	1268
fund-raising counsel or professional solicitor in this state for a	1269
period of five years after conviction.	1270

Sec. 2151.23.  (A) The juvenile court has exclusive original	1271
jurisdiction under the Revised Code as follows:	1272

(1) Concerning any child who on or about the date specified	1273
in the complaint, indictment, or information is alleged to have	1274
violated section 2151.87 of the Revised Code or an order issued	1275
under that section or to be a juvenile traffic offender or a	1276
delinquent, unruly, abused, neglected, or dependent child and,	1277
based on and in relation to the allegation pertaining to the	1278
child, concerning the parent, guardian, or other person having	1279
care of a child who is alleged to be an unruly or delinquent child	1280
for being an habitual or chronic truant;	1281

(2) Subject to divisions (G), (K), and (V) of section 2301.03	1282
of the Revised Code, to determine the custody of any child not a	1283
ward of another court of this state;	1284

(3) To hear and determine any application for a writ of	1285
habeas corpus involving the custody of a child;	1286

(4) To exercise the powers and jurisdiction given the probate	1287
division of the court of common pleas in Chapter 5122. of the	1288
Revised Code, if the court has probable cause to believe that a	1289
child otherwise within the jurisdiction of the court is a mentally	1290
ill person subject to hospitalization by court order, as defined	1291
in section 5122.01 of the Revised Code;	1292

(5) To hear and determine all criminal cases charging adults	1293
with the violation of any section of this chapter;	1294

(6) To hear and determine all criminal cases in which an	1295
adult is charged with a violation of division (C) of section	1296
2919.21, division (B)(1) of section 2919.22, section 2919.222,	1297
division (B) of section 2919.23, or section 2919.24 of the Revised	1298
Code, provided the charge is not included in an indictment that	1299
also charges the alleged adult offender with the commission of a	1300
felony arising out of the same actions that are the basis of the	1301
alleged violation of division (C) of section 2919.21, division	1302
(B)(1) of section 2919.22, section 2919.222, division (B) of	1303
section 2919.23, or section 2919.24 of the Revised Code;	1304

(7) Under the interstate compact on juveniles in section	1305
2151.56 of the Revised Code;	1306

(8) Concerning any child who is to be taken into custody	1307
pursuant to section 2151.31 of the Revised Code, upon being	1308
notified of the intent to take the child into custody and the	1309
reasons for taking the child into custody;	1310

(9) To hear and determine requests for the extension of	1311
temporary custody agreements, and requests for court approval of	1312
permanent custody agreements, that are filed pursuant to section	1313
5103.15 of the Revised Code;	1314

(10) To hear and determine applications for consent to marry	1315
pursuant to section 3101.04 of the Revised Code;	1316

(11) Subject to divisions (G), (K), and (V) of section	1317
2301.03 of the Revised Code, to hear and determine a request for	1318
an order for the support of any child if the request is not	1319
ancillary to an action for divorce, dissolution of marriage,	1320
annulment, or legal separation, a criminal or civil action	1321
involving an allegation of domestic violence, or an action for	1322
support brought under Chapter 3115. of the Revised Code;	1323

(12) Concerning an action commenced under section 121.38 of	1324
the Revised Code;	1325

(13) To hear and determine violations of section 3321.38 of	1326
the Revised Code;	1327

(14) To exercise jurisdiction and authority over the parent,	1328
guardian, or other person having care of a child alleged to be a	1329
delinquent child, unruly child, or juvenile traffic offender,	1330
based on and in relation to the allegation pertaining to the	1331
child;	1332

(15) To conduct the hearings, and to make the determinations,	1333
adjudications, and orders authorized or required under sections	1334
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	1335
a child who has been adjudicated a delinquent child and to refer	1336
the duties conferred upon the juvenile court judge under sections	1337
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	1338
magistrates appointed by the juvenile court judge in accordance	1339
with Juvenile Rule 40;	1340

(16) To hear and determine a petition for a protection order	1341
against a child under section 2151.34 or 3113.31 of the Revised	1342
Code and to enforce a protection order issued or a consent	1343
agreement approved under either section against a child until a	1344
date certain but not later than the date the child attains	1345
nineteen years of age.	1346

(B) Except as provided in divisions (G) and (I) of section	1347
2301.03 of the Revised Code, the juvenile court has original	1348
jurisdiction under the Revised Code:	1349

(1) To hear and determine all cases of misdemeanors charging	1350
adults with any act or omission with respect to any child, which	1351
act or omission is a violation of any state law or any municipal	1352
ordinance;	1353

(2) To determine the paternity of any child alleged to have	1354
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1355
of the Revised Code;	1356

(3) Under the uniform interstate family support act in	1357
Chapter 3115. of the Revised Code;	1358

(4) To hear and determine an application for an order for the	1359
support of any child, if the child is not a ward of another court	1360
of this state;	1361

(5) To hear and determine an action commenced under section	1362
3111.28 of the Revised Code;	1363

(6) To hear and determine a motion filed under section	1364
3119.961 of the Revised Code;	1365

(7) To receive filings under section 3109.74 of the Revised	1366
Code, and to hear and determine actions arising under sections	1367
3109.51 to 3109.80 of the Revised Code.	1368

(8) To enforce an order for the return of a child made under	1369
the Hague Convention on the Civil Aspects of International Child	1370
Abduction pursuant to section 3127.32 of the Revised Code;	1371

(9) To grant any relief normally available under the laws of	1372
this state to enforce a child custody determination made by a	1373
court of another state and registered in accordance with section	1374
3127.35 of the Revised Code.	1375

(C) The juvenile court, except as to juvenile courts that are	1376
a separate division of the court of common pleas or a separate and	1377
independent juvenile court, has jurisdiction to hear, determine,	1378
and make a record of any action for divorce or legal separation	1379
that involves the custody or care of children and that is filed in	1380
the court of common pleas and certified by the court of common	1381
pleas with all the papers filed in the action to the juvenile	1382
court for trial, provided that no certification of that nature	1383
shall be made to any juvenile court unless the consent of the	1384
juvenile judge first is obtained. After a certification of that	1385
nature is made and consent is obtained, the juvenile court shall	1386
proceed as if the action originally had been begun in that court,	1387
except as to awards for spousal support or support due and unpaid	1388
at the time of certification, over which the juvenile court has no	1389
jurisdiction.	1390

(D) The juvenile court, except as provided in divisions (G)	1391
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1392
to hear and determine all matters as to custody and support of	1393
children duly certified by the court of common pleas to the	1394
juvenile court after a divorce decree has been granted, including	1395
jurisdiction to modify the judgment and decree of the court of	1396
common pleas as the same relate to the custody and support of	1397
children.	1398

(E) The juvenile court, except as provided in divisions (G)	1399
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1400
to hear and determine the case of any child certified to the court	1401
by any court of competent jurisdiction if the child comes within	1402
the jurisdiction of the juvenile court as defined by this section.	1403

(F)(1) The juvenile court shall exercise its jurisdiction in	1404
child custody matters in accordance with sections 3109.04 and	1405
3127.01 to 3127.53 of the Revised Code and, as applicable,	1406
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	1407
Code.	1408

(2) The juvenile court shall exercise its jurisdiction in	1409
child support matters in accordance with section 3109.05 of the	1410
Revised Code.	1411

(G) Any juvenile court that makes or modifies an order for	1412
child support shall comply with Chapters 3119., 3121., 3123., and	1413
3125. of the Revised Code. If any person required to pay child	1414
support under an order made by a juvenile court on or after April	1415
15, 1985, or modified on or after December 1, 1986, is found in	1416
contempt of court for failure to make support payments under the	1417
order, the court that makes the finding, in addition to any other	1418
penalty or remedy imposed, shall assess all court costs arising	1419
out of the contempt proceeding against the person and require the	1420
person to pay any reasonable attorney's fees of any adverse party,	1421
as determined by the court, that arose in relation to the act of	1422
contempt.	1423

(H) If a child who is charged with an act that would be an	1424
offense if committed by an adult was fourteen years of age or	1425
older and under eighteen years of age at the time of the alleged	1426
act and if the case is transferred for criminal prosecution	1427
pursuant to section 2152.12 of the Revised Code, except as	1428
provided in section 2152.121 of the Revised Code, the juvenile	1429
court does not have jurisdiction to hear or determine the case	1430
subsequent to the transfer. The court to which the case is	1431
transferred for criminal prosecution pursuant to that section has	1432
jurisdiction subsequent to the transfer to hear and determine the	1433
case in the same manner as if the case originally had been	1434
commenced in that court, subject to section 2152.121 of the	1435
Revised Code, including, but not limited to, jurisdiction to	1436
accept a plea of guilty or another plea authorized by Criminal	1437
Rule 11 or another section of the Revised Code and jurisdiction to	1438
accept a verdict and to enter a judgment of conviction pursuant to	1439
the Rules of Criminal Procedure against the child for the	1440
commission of the offense that was the basis of the transfer of	1441
the case for criminal prosecution, whether the conviction is for	1442
the same degree or a lesser degree of the offense charged, for the	1443
commission of a lesser-included offense, or for the commission of	1444
another offense that is different from the offense charged.	1445

(I) If a person under eighteen years of age allegedly commits	1446
an act that would be a felony if committed by an adult and if the	1447
person is not taken into custody or apprehended for that act until	1448
after the person attains twenty-one years of age, the juvenile	1449
court does not have jurisdiction to hear or determine any portion	1450
of the case charging the person with committing that act. In those	1451
circumstances, divisions (A) and (B) of section 2152.12 of the	1452
Revised Code do not apply regarding the act, and the case charging	1453
the person with committing the act shall be a criminal prosecution	1454
commenced and heard in the appropriate court having jurisdiction	1455
of the offense as if the person had been eighteen years of age or	1456
older when the person committed the act. All proceedings	1457
pertaining to the act shall be within the jurisdiction of the	1458
court having jurisdiction of the offense, and that court has all	1459
the authority and duties in the case that it has in other criminal	1460
cases in that court.	1461

(J) In exercising its exclusive original jurisdiction under	1462
division (A)(16) of this section with respect to any proceedings	1463
brought under section 2151.34 or 3113.31 of the Revised Code in	1464
which the respondent is a child, the juvenile court retains all	1465
dispositionary powers consistent with existing rules of juvenile	1466
procedure and may also exercise its discretion to adjudicate	1467
proceedings as provided in sections 2151.34 and 3113.31 of the	1468
Revised Code, including the issuance of protection orders or the	1469
approval of consent agreements under those sections.	1470

Sec. 2151.55. When(A) Subject to division (B) of this	1471
section, when a private or governmental entity intends to place a	1472
child in a certified foster home in a county other than the county	1473
in which the child resided at the time of being removed from home,	1474
a representative of the placing entity shall orally communicate	1475
the intended placement to the foster caregiver with whom the child	1476
is to be placed and, if the child will attend the schools of the	1477
district in which the certified foster home is located, a	1478
representative of the school district's board of education.	1479

(B) When a private or governmental entity intends to place a	1480
child in a certified foster home, regardless of whether the	1481
certified foster home is in the county in which the child resided	1482
at the time of being removed from home or is in any other county,	1483
and the child has been adjudicated a delinquent child for	1484
committing an act that if committed by an adult would be a felony	1485
offense of violence, a representative of the placing entity, prior	1486
to the placement, shall communicate in writing the intended	1487
placement to the foster caregiver with whom the child is to be	1488
placed and to all of the following persons:	1489

(1) If the child will attend a school of any school district,	1490
the superintendent of that school district;	1491

(2) If the child will attend any chartered nonpublic school	1492
or any other school that is not operated by a board of education	1493
described in division (B)(1) of this section, the chief	1494
administrative officer of that chartered nonpublic school or other	1495
school;	1496

(3) The sheriff of each county that includes any portion of	1497
the specified geographical notification area;	1498

(4) The chief of police, marshal, or other chief law	1499
enforcement officer of the municipal corporation in which the	1500
foster home is located or, if the foster home is located in an	1501
unincorporated area, the constable or chief of the police	1502
department or police district police force of the township in	1503
which the foster home is located.	1504

(C) As used in this section, "specified geographical	1505
notification area" means the geographic area or areas within which	1506
the attorney general, by rule adopted under section 2950.13 of the	1507
Revised Code, requires the notice described in division (B) of	1508
section 2950.11 of the Revised Code to be given to the persons	1509
identified in divisions (A)(2) to (8) of that section, except that	1510
any references made in a rule so adopted to a specific proximity	1511
to an offender's or delinquent child's residential premises shall	1512
be considered for purposes of division (B) of this section to be	1513
references to the same specific proximity to the premises of the	1514
foster home.	1515

Sec. 2151.551.  During the oral communication described in	1516
division (A) of section 2151.55 of the Revised Code and in the	1517
written communication described in division (B) of that section,	1518
the representative of the placing entity shall do the following:	1519

(A) Discuss safety and well-being concerns regarding the	1520
child and, if the child attends school, the students, teachers,	1521
and personnel of the school;	1522

(B) Provide the following information:

1523

(1) A brief description of the reasons the child was removed	1524
from home;	1525

(2) Services the child is receiving;

1526

(3) The name of the contact person for the placing entity	1527
that is directly responsible for monitoring the child's placement;	1528

(4) The telephone number of the placing entity and, if the	1529
child is in the temporary, permanent, or legal custody of a	1530
private or government entity other than the placing entity, the	1531
telephone number of the entity with custody;	1532

(5) The previous school district attended by the child;

1533

(6) The last known address of the child's parents.

1534

(C) If the representative of the placing entity is providing	1535
the written communication described in division (B) of section	1536
2151.55 of the Revised Code, in addition to the discussion and	1537
provision of information required under divisions (A) and (B) of	1538
this section, in the written communication the representative	1539
shall provide the child's name and age, the name and a telephone	1540
number of a contact person at the certified foster home in which	1541
the child is being placed, and a statement that the home is a	1542
treatment foster home, provide a brief description of the facts	1543
and circumstances of the act resulting in the delinquent child	1544
adjudication, and discuss safety and well-being concerns with	1545
respect to the child and the community.	1546

Sec. 2151.552. No later than five days afterIf a child who	1547
is described in division (A) of section 2151.55 of the Revised	1548
Code and about whom any oral communication is required under that	1549
division is enrolled in school in the district described in that	1550
sectiondivision, not later than five days after the child is so	1551
enrolled, the placing entity shall provide in writing the	1552
information described in division (B) of section 2151.551 of the	1553
Revised Code to the school district and the child's foster	1554
caregiver.	1555

Sec. 2151.553.  Each school district board of education shall	1556
implement a procedure for receiving the information described in	1557
section 2151.552 of the Revised Code in a written notice provided	1558
under that section, and for receiving the discussions and	1559
information described in section 2151.551 of the Revised Code in a	1560
written notice provided under division (B) of section 2151.55 of	1561
the Revised Code. The procedure implemented under this section	1562
regarding the discussions and information described in section	1563
2151.551 of the Revised Code in a written notice provided under	1564
division (B) of section 2151.55 of the Revised Code shall contain	1565
safeguards to ensure the confidentiality of the information	1566
provided.	1567

Sec. 2151.554. When(A) Subject to division (B) of this	1568
section, when a private or governmental entity places a child who	1569
has been adjudicated to be an unruly or delinquent child in a	1570
certified foster home in a county other than the county in which	1571
the child resided at the time of being removed from home, the	1572
placing entity shall provide the following information in writing	1573
to the juvenile court of the county in which the certified foster	1574
home is located:	1575

(A)(1) The information listed in divisions (B)(2)(3) to	1576
(4)(5) of section 2151.551 of the Revised Code;	1577

(B)(2) A brief description of the facts supporting the	1578
adjudication that the child is unruly or delinquent;	1579

(C)(3) The name and address of the foster caregiver;

1580

(D)(4) Safety and well-being concerns with respect to the	1581
child and community.	1582

(B) When a private or governmental entity places a child who	1583
has been adjudicated an unruly child or delinquent child in a	1584
certified foster home, regardless of whether the certified foster	1585
home is in the county in which the child resided at the time of	1586
being removed from home or is in any other county, and the child	1587
has been adjudicated a delinquent child for committing an act that	1588
if committed by an adult would be a felony offense of violence,	1589
the placing entity shall provide the information specified in	1590
divisions (A)(1) to (4) of this section to the juvenile court of	1591
the county in which the certified foster home is located, unless	1592
that juvenile court is the court of jurisdiction in the child's	1593
case.	1594

Sec. 2151.555. (A) Any information, document, written or oral	1595
statement, or report provided by a private or governmental entity	1596
pursuant to division (B) of section 2151.55 or division (B) of	1597
section 2151.554 of the Revised Code is confidential and is not a	1598
public record open to public inspection under section 149.43 of	1599
the Revised Code.	1600

(B) No person shall permit or encourage the unauthorized	1601
dissemination of the confidential information described in	1602
division (A) of this section, except pursuant to a court order as	1603
provided by law.	1604

Sec. 2152.02.  As used in this chapter:

1605

(A) "Act charged" means the act that is identified in a	1606
complaint, indictment, or information alleging that a child is a	1607
delinquent child.	1608

(B) "Admitted to a department of youth services facility"	1609
includes admission to a facility operated, or contracted for, by	1610
the department and admission to a comparable facility outside this	1611
state by another state or the United States.	1612

(C)(1) "Child" means a person who is under eighteen years of	1613
age, except as otherwise provided in divisions (C)(2) to (7) of	1614
this section.	1615

(2) Subject to division (C)(3) of this section, any person	1616
who violates a federal or state law or a municipal ordinance prior	1617
to attaining eighteen years of age shall be deemed a "child"	1618
irrespective of that person's age at the time the complaint with	1619
respect to that violation is filed or the hearing on the complaint	1620
is held.	1621

(3) Any person who, while under eighteen years of age,	1622
commits an act that would be a felony if committed by an adult and	1623
who is not taken into custody or apprehended for that act until	1624
after the person attains twenty-one years of age is not a child in	1625
relation to that act.	1626

(4) AnyExcept as otherwise provided in division (C)(5) of	1627
this section, any person whose case is transferred for criminal	1628
prosecution pursuant to section 2152.12 of the Revised Code shall	1629
be deemed after the transfer not to be a child in the transferred	1630
case.	1631

(5) Any person whose case is transferred for criminal	1632
prosecution pursuant to section 2152.12 of the Revised Code and	1633
who subsequently is convicted of or pleads guilty to a felony in	1634
that case, unless a serious youthful offender dispositional	1635
sentence is imposed on the child for that offense under division	1636
(B)(2) or (3) of section 2152.121 of the Revised Code and the	1637
adult portion of that sentence is not invoked pursuant to section	1638
2152.14 of the Revised Code, and any person who is adjudicated a	1639
delinquent child for the commission of an act, who has a serious	1640
youthful offender dispositional sentence imposed for the act	1641
pursuant to section 2152.13 of the Revised Code, and whose adult	1642
portion of the dispositional sentence is invoked pursuant to	1643
section 2152.14 of the Revised Code, shall be deemed after the	1644
transfer or invocation not to be a child in any case in which a	1645
complaint is filed against the person.	1646

(6) The juvenile court has jurisdiction over a person who is	1647
adjudicated a delinquent child or juvenile traffic offender prior	1648
to attaining eighteen years of age until the person attains	1649
twenty-one years of age, and, for purposes of that jurisdiction	1650
related to that adjudication, except as otherwise provided in this	1651
division, a person who is so adjudicated a delinquent child or	1652
juvenile traffic offender shall be deemed a "child" until the	1653
person attains twenty-one years of age. If a person is so	1654
adjudicated a delinquent child or juvenile traffic offender and	1655
the court makes a disposition of the person under this chapter, at	1656
any time after the person attains eighteen years of age, the	1657
places at which the person may be held under that disposition are	1658
not limited to places authorized under this chapter solely for	1659
confinement of children, and the person may be confined under that	1660
disposition, in accordance with division (F)(2) of section 2152.26	1661
of the Revised Code, in places other than those authorized under	1662
this chapter solely for confinement of children.	1663

(7) Any person who, while eighteen years of age, violates	1664
division (A)(1) or (2) of section 2919.27 of the Revised Code by	1665
violating a protection order issued or consent agreement approved	1666
under section 2151.34 or 3113.31 of the Revised Code shall be	1667
considered a child for the purposes of that violation of section	1668
2919.27 of the Revised Code.	1669

(D) "Chronic truant" means any child of compulsory school age	1670
who is absent without legitimate excuse for absence from the	1671
public school the child is supposed to attend for seven or more	1672
consecutive school days, ten or more school days in one school	1673
month, or fifteen or more school days in a school year.	1674

(E) "Community corrections facility," "public safety beds,"	1675
"release authority," and "supervised release" have the same	1676
meanings as in section 5139.01 of the Revised Code.	1677

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

1678

(1) Any child, except a juvenile traffic offender, who	1679
violates any law of this state or the United States, or any	1680
ordinance of a political subdivision of the state, that would be	1681
an offense if committed by an adult;	1682

(2) Any child who violates any lawful order of the court made	1683
under this chapter or under Chapter 2151. of the Revised Code	1684
other than an order issued under section 2151.87 of the Revised	1685
Code;	1686

(3) Any child who violates division (C) of section 2907.39,	1687
division (A) of section 2923.211, or division (C)(1) or (D) of	1688
section 2925.55 of the Revised Code;	1689

(4) Any child who is a habitual truant and who previously has	1690
been adjudicated an unruly child for being a habitual truant;	1691

(5) Any child who is a chronic truant.

1692

(G) "Discretionary serious youthful offender" means a person	1693
who is eligible for a discretionary SYO and who is not transferred	1694
to adult court under a mandatory or discretionary transfer.	1695

(H) "Discretionary SYO" means a case in which the juvenile	1696
court, in the juvenile court's discretion, may impose a serious	1697
youthful offender disposition under section 2152.13 of the Revised	1698
Code.	1699

(I) "Discretionary transfer" means that the juvenile court	1700
has discretion to transfer a case for criminal prosecution under	1701
division (B) of section 2152.12 of the Revised Code.	1702

(J) "Drug abuse offense," "felony drug abuse offense," and	1703
"minor drug possession offense" have the same meanings as in	1704
section 2925.01 of the Revised Code.	1705

(K) "Electronic monitoring" and "electronic monitoring	1706
device" have the same meanings as in section 2929.01 of the	1707
Revised Code.	1708

(L) "Economic loss" means any economic detriment suffered by	1709
a victim of a delinquent act or juvenile traffic offense as a	1710
direct and proximate result of the delinquent act or juvenile	1711
traffic offense and includes any loss of income due to lost time	1712
at work because of any injury caused to the victim and any	1713
property loss, medical cost, or funeral expense incurred as a	1714
result of the delinquent act or juvenile traffic offense.	1715
"Economic loss" does not include non-economic loss or any punitive	1716
or exemplary damages.	1717

(M) "Firearm" has the same meaning as in section 2923.11 of	1718
the Revised Code.	1719

(N) "Juvenile traffic offender" means any child who violates	1720
any traffic law, traffic ordinance, or traffic regulation of this	1721
state, the United States, or any political subdivision of this	1722
state, other than a resolution, ordinance, or regulation of a	1723
political subdivision of this state the violation of which is	1724
required to be handled by a parking violations bureau or a joint	1725
parking violations bureau pursuant to Chapter 4521. of the Revised	1726
Code.	1727

(O) A "legitimate excuse for absence from the public school	1728
the child is supposed to attend" has the same meaning as in	1729
section 2151.011 of the Revised Code.	1730

(P) "Mandatory serious youthful offender" means a person who	1731
is eligible for a mandatory SYO and who is not transferred to	1732
adult court under a mandatory or discretionary transfer and also	1733
includes, for purposes of imposition of a mandatory serious	1734
youthful dispositional sentence under section 2152.13 of the	1735
Revised Code, a person upon whom a juvenile court is required to	1736
impose such a sentence under division (B)(3) of section 2152.121	1737
of the Revised Code.	1738

(Q) "Mandatory SYO" means a case in which the juvenile court	1739
is required to impose a mandatory serious youthful offender	1740
disposition under section 2152.13 of the Revised Code.	1741

(R) "Mandatory transfer" means that a case is required to be	1742
transferred for criminal prosecution under division (A) of section	1743
2152.12 of the Revised Code.	1744

(S) "Mental illness" has the same meaning as in section	1745
5122.01 of the Revised Code.	1746

(T) "Mentally retarded person" has the same meaning as in	1747
section 5123.01 of the Revised Code.	1748

(U) "Monitored time" and "repeat violent offender" have the	1749
same meanings as in section 2929.01 of the Revised Code.	1750

(V) "Of compulsory school age" has the same meaning as in	1751
section 3321.01 of the Revised Code.	1752

(W) "Public record" has the same meaning as in section 149.43	1753
of the Revised Code.	1754

(X) "Serious youthful offender" means a person who is	1755
eligible for a mandatory SYO or discretionary SYO but who is not	1756
transferred to adult court under a mandatory or discretionary	1757
transfer and also includes, for purposes of imposition of a	1758
mandatory serious youthful dispositional sentence under section	1759
2152.13 of the Revised Code, a person upon whom a juvenile court	1760
is required to impose such a sentence under division (B)(3) of	1761
section 2152.121 of the Revised Code.	1762

(Y) "Sexually oriented offense," "juvenile offender	1763
registrant," "child-victim oriented offense," "tier I sex	1764
offender/child-victim offender," "tier II sex	1765
offender/child-victim offender," "tier III sex	1766
offender/child-victim offender," and "public registry-qualified	1767
juvenile offender registrant" have the same meanings as in section	1768
2950.01 of the Revised Code.	1769

(Z) "Traditional juvenile" means a case that is not	1770
transferred to adult court under a mandatory or discretionary	1771
transfer, that is eligible for a disposition under sections	1772
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1773
that is not eligible for a disposition under section 2152.13 of	1774
the Revised Code.	1775

(AA) "Transfer" means the transfer for criminal prosecution	1776
of a case involving the alleged commission by a child of an act	1777
that would be an offense if committed by an adult from the	1778
juvenile court to the appropriate court that has jurisdiction of	1779
the offense.	1780

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

1781

(1) A violation of section 2903.01 or 2903.02 of the Revised	1782
Code;	1783

(2) A violation of section 2923.02 of the Revised Code	1784
involving an attempt to commit aggravated murder or murder.	1785

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

1786

(1) A violation of section 2903.03, 2905.01, 2907.02,	1787
2909.02, 2911.01, or 2911.11 of the Revised Code;	1788

(2) A violation of section 2903.04 of the Revised Code that	1789
is a felony of the first degree;	1790

(3) A violation of section 2907.12 of the Revised Code as it	1791
existed prior to September 3, 1996.	1792

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1793
a victim of a delinquent act or juvenile traffic offense as a	1794
result of or related to the delinquent act or juvenile traffic	1795
offense, including, but not limited to, pain and suffering; loss	1796
of society, consortium, companionship, care, assistance,	1797
attention, protection, advice, guidance, counsel, instruction,	1798
training, or education; mental anguish; and any other intangible	1799
loss.	1800

Sec. 2152.021.  (A)(1) Subject to division (A)(2) of this	1801
section, any person having knowledge of a child who appears to be	1802
a juvenile traffic offender or to be a delinquent child may file a	1803
sworn complaint with respect to that child in the juvenile court	1804
of the county in which the child has a residence or legal	1805
settlement or in which the traffic offense or delinquent act	1806
allegedly occurred. The sworn complaint may be upon information	1807
and belief, and, in addition to the allegation that the child is a	1808
delinquent child or a juvenile traffic offender, the complaint	1809
shall allege the particular facts upon which the allegation that	1810
the child is a delinquent child or a juvenile traffic offender is	1811
based.	1812

If a child appears to be a delinquent child who is eligible	1813
for a serious youthful offender dispositional sentence under	1814
section 2152.11 of the Revised Code and if the prosecuting	1815
attorney desires to seek a serious youthful offender dispositional	1816
sentence under section 2152.13 of the Revised Code in regard to	1817
the child, the prosecuting attorney of the county in which the	1818
alleged delinquency occurs may initiate a case in the juvenile	1819
court of the county by presenting the case to a grand jury for	1820
indictment, by charging the child in a bill of information as a	1821
serious youthful offender pursuant to section 2152.13 of the	1822
Revised Code, by requesting a serious youthful offender	1823
dispositional sentence in the original complaint alleging that the	1824
child is a delinquent child, or by filing with the juvenile court	1825
a written notice of intent to seek a serious youthful offender	1826
dispositional sentence. This paragraph does not apply regarding	1827
the imposition of a serious youthful offender dispositional	1828
sentence pursuant to section 2152.121 of the Revised Code.	1829

(2) Any person having knowledge of a child who appears to be	1830
a delinquent child for being an habitual or chronic truant may	1831
file a sworn complaint with respect to that child, or with respect	1832
to that child and the parent, guardian, or other person having	1833
care of the child, in the juvenile court of the county in which	1834
the child has a residence or legal settlement or in which the	1835
child is supposed to attend public school. The sworn complaint may	1836
be upon information and belief and shall contain the following	1837
allegations:allege that	1838

(a) That the child is a delinquent child for being a chronic	1839
truant or an habitual truant who previously has been adjudicated	1840
an unruly child for being a habitual truant and, in addition, the	1841
particular facts upon which that allegation is based;. If the	1842
complaint contains allegations regarding the child's parent,	1843
guardian, or other person having care of the child, the complaint	1844
additionally shall allege that	1845

(b) That the parent, guardian, or other person having care of	1846
the child has failed to cause the child's attendance at school in	1847
violation of section 3321.38 of the Revised Code and, in addition,	1848
the particular facts upon which that allegation is based.	1849

(B) Any person with standing under applicable law may file a	1850
complaint for the determination of any other matter over which the	1851
juvenile court is given jurisdiction by section 2151.23 of the	1852
Revised Code. The complaint shall be filed in the county in which	1853
the child who is the subject of the complaint is found or was last	1854
known to be found.	1855

(C) Within ten days after the filing of a complaint or the	1856
issuance of an indictment, the court shall give written notice of	1857
the filing of the complaint or the issuance of an indictment and	1858
of the substance of the complaint or indictment to the	1859
superintendent of a city, local, exempted village, or joint	1860
vocational school district if the complaint or indictment alleges	1861
that a child committed an act that would be a criminal offense if	1862
committed by an adult, that the child was sixteen years of age or	1863
older at the time of the commission of the alleged act, and that	1864
the alleged act is any of the following:	1865

(1) A violation of section 2923.122 of the Revised Code that	1866
relates to property owned or controlled by, or to an activity held	1867
under the auspices of, the board of education of that school	1868
district;	1869

(2) A violation of section 2923.12 of the Revised Code, of a	1870
substantially similar municipal ordinance, or of section 2925.03	1871
of the Revised Code that was committed on property owned or	1872
controlled by, or at an activity held under the auspices of, the	1873
board of education of that school district;	1874

(3) A violation of section 2925.11 of the Revised Code that	1875
was committed on property owned or controlled by, or at an	1876
activity held under the auspices of, the board of education of	1877
that school district, other than a violation of that section that	1878
would be a minor drug possession offense if committed by an adult;	1879

(4) A violation of section 2903.01, 2903.02, 2903.03,	1880
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised	1881
Code, or a violation of former section 2907.12 of the Revised	1882
Code, that was committed on property owned or controlled by, or at	1883
an activity held under the auspices of, the board of education of	1884
that school district, if the victim at the time of the commission	1885
of the alleged act was an employee of the board of education of	1886
that school district;	1887

(5) Complicity in any violation described in division (C)(1),	1888
(2), (3), or (4) of this section that was alleged to have been	1889
committed in the manner described in division (C)(1), (2), (3), or	1890
(4) of this section, regardless of whether the act of complicity	1891
was committed on property owned or controlled by, or at an	1892
activity held under the auspices of, the board of education of	1893
that school district.	1894

(D) A public children services agency, acting pursuant to a	1895
complaint or an action on a complaint filed under this section, is	1896
not subject to the requirements of section 3127.23 of the Revised	1897
Code.	1898

(E) For purposes of the record to be maintained by the clerk	1899
under division (B) of section 2152.71 of the Revised Code, when a	1900
complaint is filed that alleges that a child is a delinquent	1901
child, the court shall determine if the victim of the alleged	1902
delinquent act was sixty-five years of age or older or permanently	1903
and totally disabled at the time of the alleged commission of the	1904
act.	1905

Sec.  2152.12.  (A)(1)(a) After a complaint has been filed	1906
alleging that a child is a delinquent child for committing an act	1907
that would be aggravated murder, murder, attempted aggravated	1908
murder, or attempted murder if committed by an adult, the juvenile	1909
court at a hearing shall transfer the case if theeither of the	1910
following applies:	1911

(i) The child was sixteen or seventeen years of age at the	1912
time of the act charged and there is probable cause to believe	1913
that the child committed the act charged. The juvenile court also	1914
shall transfer the case at a hearing if the	1915

(ii) The child was fourteen or fifteen years of age at the	1916
time of the act charged, if section 2152.10 of the Revised Code	1917
provides that the child is eligible for mandatory transfer, and if	1918
there is probable cause to believe that the child committed the	1919
act charged.	1920

(b) After a complaint has been filed alleging that a child is	1921
a delinquent child by reason of committing a category two offense,	1922
the juvenile court at a hearing shall transfer the case if the	1923
child was sixteen or seventeen years of age at the time of the act	1924
charged and either of the following applies:	1925

(i) Division (A)(2)(a) of section 2152.10 of the Revised Code	1926
requires the mandatory transfer of the case, and there is probable	1927
cause to believe that the child committed the act charged.	1928

(ii) Division (A)(2)(b) of section 2152.10 of the Revised	1929
Code requires the mandatory transfer of the case, and there is	1930
probable cause to believe that the child committed the act	1931
charged.	1932

(2) The juvenile court also shall transfer a case in the	1933
circumstances described in division (C)(5) of section 2152.02 of	1934
the Revised Code or if either of the following applies:	1935

(a) A complaint is filed against a child who is eligible for	1936
a discretionary transfer under section 2152.10 of the Revised Code	1937
and who previously was convicted of or pleaded guilty to a felony	1938
in a case that was transferred to a criminal court.	1939

(b) A complaint is filed against a child who is domiciled in	1940
another state alleging that the child is a delinquent child for	1941
committing an act that would be a felony if committed by an adult,	1942
and, if the act charged had been committed in that other state,	1943
the child would be subject to criminal prosecution as an adult	1944
under the law of that other state without the need for a transfer	1945
of jurisdiction from a juvenile, family, or similar noncriminal	1946
court to a criminal court.	1947

(3) If a complaint is filed against a child alleging that the	1948
child is a delinquent child and the case is transferred pursuant	1949
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if	1950
the child subsequently is convicted of or pleads guilty to an	1951
offense in that case, the sentence to be imposed or disposition to	1952
be made of the child shall be determined in accordance with	1953
section 2152.121 of the Revised Code.	1954

(B) Except as provided in division (A) of this section, after	1955
a complaint has been filed alleging that a child is a delinquent	1956
child for committing an act that would be a felony if committed by	1957
an adult, the juvenile court at a hearing may transfer the case if	1958
the court finds all of the following:	1959

(1) The child was fourteen years of age or older at the time	1960
of the act charged.	1961

(2) There is probable cause to believe that the child	1962
committed the act charged.	1963

(3) The child is not amenable to care or rehabilitation	1964
within the juvenile system, and the safety of the community may	1965
require that the child be subject to adult sanctions. In making	1966
its decision under this division, the court shall consider whether	1967
the applicable factors under division (D) of this section	1968
indicating that the case should be transferred outweigh the	1969
applicable factors under division (E) of this section indicating	1970
that the case should not be transferred. The record shall indicate	1971
the specific factors that were applicable and that the court	1972
weighed.	1973

(C) Before considering a transfer under division (B) of this	1974
section, the juvenile court shall order an investigation,	1975
including a mental examination of the child by a public or private	1976
agency or a person qualified to make the examination. The child	1977
may waive the examination required by this division if the court	1978
finds that the waiver is competently and intelligently made.	1979
Refusal to submit to a mental examination by the child constitutes	1980
a waiver of the examination.	1981

(D) In considering whether to transfer a child under division	1982
(B) of this section, the juvenile court shall consider the	1983
following relevant factors, and any other relevant factors, in	1984
favor of a transfer under that division:	1985

(1) The victim of the act charged suffered physical or	1986
psychological harm, or serious economic harm, as a result of the	1987
alleged act.	1988

(2) The physical or psychological harm suffered by the victim	1989
due to the alleged act of the child was exacerbated because of the	1990
physical or psychological vulnerability or the age of the victim.	1991

(3) The child's relationship with the victim facilitated the	1992
act charged.	1993

(4) The child allegedly committed the act charged for hire or	1994
as a part of a gang or other organized criminal activity.	1995

(5) The child had a firearm on or about the child's person or	1996
under the child's control at the time of the act charged, the act	1997
charged is not a violation of section 2923.12 of the Revised Code,	1998
and the child, during the commission of the act charged, allegedly	1999
used or displayed the firearm, brandished the firearm, or	2000
indicated that the child possessed a firearm.	2001

(6) At the time of the act charged, the child was awaiting	2002
adjudication or disposition as a delinquent child, was under a	2003
community control sanction, or was on parole for a prior	2004
delinquent child adjudication or conviction.	2005

(7) The results of any previous juvenile sanctions and	2006
programs indicate that rehabilitation of the child will not occur	2007
in the juvenile system.	2008

(8) The child is emotionally, physically, or psychologically	2009
mature enough for the transfer.	2010

(9) There is not sufficient time to rehabilitate the child	2011
within the juvenile system.	2012

(E) In considering whether to transfer a child under division	2013
(B) of this section, the juvenile court shall consider the	2014
following relevant factors, and any other relevant factors,	2015
against a transfer under that division:	2016

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

2017

(2) The child acted under provocation in allegedly committing	2018
the act charged.	2019

(3) The child was not the principal actor in the act charged,	2020
or, at the time of the act charged, the child was under the	2021
negative influence or coercion of another person.	2022

(4) The child did not cause physical harm to any person or	2023
property, or have reasonable cause to believe that harm of that	2024
nature would occur, in allegedly committing the act charged.	2025

(5) The child previously has not been adjudicated a	2026
delinquent child.	2027

(6) The child is not emotionally, physically, or	2028
psychologically mature enough for the transfer.	2029

(7) The child has a mental illness or is a mentally retarded	2030
person.	2031

(8) There is sufficient time to rehabilitate the child within	2032
the juvenile system and the level of security available in the	2033
juvenile system provides a reasonable assurance of public safety.	2034

(F) If one or more complaints are filed alleging that a child	2035
is a delinquent child for committing two or more acts that would	2036
be offenses if committed by an adult, if a motion is made alleging	2037
that division (A) of this section applies and requires that the	2038
case or cases involving one or more of the acts charged be	2039
transferred for, and if a motion also is made requesting that the	2040
case or cases involving one or more of the acts charged be	2041
transferred pursuant to division (B) of this section, the juvenile	2042
court, in deciding the motions, shall proceed in the following	2043
manner:	2044

(1) Initially, the court shall decide the motion alleging	2045
that division (A) of this section applies and requires that the	2046
case or cases involving one or more of the acts charged be	2047
transferred.	2048

(2) If the court determines that division (A) of this section	2049
applies and requires that the case or cases involving one or more	2050
of the acts charged be transferred, the court shall transfer the	2051
case or cases in accordance with that division. After the transfer	2052
pursuant to division (A) of this section, the court shall decide,	2053
in accordance with division (B) of this section, whether to grant	2054
the motion requesting that the case or cases involving one or more	2055
of the acts charged be transferred pursuant to that division.	2056
Notwithstanding division (B) of this section, prior to	2057
transferring a case pursuant to division (A) of this section, the	2058
court is not required to consider any factor specified in division	2059
(D) or (E) of this section or to conduct an investigation under	2060
division (C) of this section.	2061

(3) If the court determines that division (A) of this section	2062
does not require that the case or cases involving one or more of	2063
the acts charged be transferred, the court shall decide in	2064
accordance with division (B) of this section whether to grant the	2065
motion requesting that the case or cases involving one or more of	2066
the acts charged be transferred pursuant to that division.	2067

(G) The court shall give notice in writing of the time,	2068
place, and purpose of any hearing held pursuant to division (A) or	2069
(B) of this section to the child's parents, guardian, or other	2070
custodian and to the child's counsel at least three days prior to	2071
the hearing.	2072

(H) No person, either before or after reaching eighteen years	2073
of age, shall be prosecuted as an adult for an offense committed	2074
prior to becoming eighteen years of age, unless the person has	2075
been transferred as provided in division (A) or (B) of this	2076
section or unless division (J) of this section applies. Any	2077
prosecution that is had in a criminal court on the mistaken belief	2078
that the person who is the subject of the case was eighteen years	2079
of age or older at the time of the commission of the offense shall	2080
be deemed a nullity, and the person shall not be considered to	2081
have been in jeopardy on the offense.	2082

(I) Upon the transfer of a case under division (A) or (B) of	2083
this section, the juvenile court shall state the reasons for the	2084
transfer on the record, and shall order the child to enter into a	2085
recognizance with good and sufficient surety for the child's	2086
appearance before the appropriate court for any disposition that	2087
the court is authorized to make for a similar act committed by an	2088
adult. The transfer abates the jurisdiction of the juvenile court	2089
with respect to the delinquent acts alleged in the complaint, and,	2090
upon the transfer, all further proceedings pertaining to the act	2091
charged shall be discontinued in the juvenile court, and the case	2092
then shall be within the jurisdiction of the court to which it is	2093
transferred as described in division (H) of section 2151.23 of the	2094
Revised Code.	2095

(J) If a person under eighteen years of age allegedly commits	2096
an act that would be a felony if committed by an adult and if the	2097
person is not taken into custody or apprehended for that act until	2098
after the person attains twenty-one years of age, the juvenile	2099
court does not have jurisdiction to hear or determine any portion	2100
of the case charging the person with committing that act. In those	2101
circumstances, divisions (A) and (B) of this section do not apply	2102
regarding the act, and the case charging the person with	2103
committing the act shall be a criminal prosecution commenced and	2104
heard in the appropriate court having jurisdiction of the offense	2105
as if the person had been eighteen years of age or older when the	2106
person committed the act. All proceedings pertaining to the act	2107
shall be within the jurisdiction of the court having jurisdiction	2108
of the offense, and that court has all the authority and duties in	2109
the case as it has in other criminal cases in that court.	2110

Sec. 2152.121.  (A) If a complaint is filed against a child	2111
alleging that the child is a delinquent child and the case is	2112
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of	2113
section 2152.12 of the Revised Code, the juvenile court that	2114
transferred the case shall retain jurisdiction for purposes of	2115
making disposition of the child when required under division (B)	2116
of this section.	2117

(B) If a complaint is filed against a child alleging that the	2118
child is a delinquent child, if the case is transferred pursuant	2119
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of	2120
the Revised Code, and if the child subsequently is convicted of or	2121
pleads guilty to an offense in that case, the sentence to be	2122
imposed or disposition to be made of the child shall be determined	2123
as follows:	2124

(1) The court in which the child is convicted of or pleads	2125
guilty to the offense shall determine whether, had a complaint	2126
been filed in juvenile court alleging that the child was a	2127
delinquent child for committing an act that would be that offense	2128
if committed by an adult, division (A) of section 2152.12 of the	2129
Revised Code would have required mandatory transfer of the case or	2130
division (B) of that section would have allowed discretionary	2131
transfer of the case. The court shall not consider the factor	2132
specified in division (B)(3) of section 2152.12 of the Revised	2133
Code in making its determination under this division.	2134

(2) If the court in which the child is convicted of or pleads	2135
guilty to the offense determines under division (B)(1) of this	2136
section that, had a complaint been filed in juvenile court	2137
alleging that the child was a delinquent child for committing an	2138
act that would be that offense if committed by an adult, division	2139
(A) of section 2152.12 of the Revised Code would not have required	2140
mandatory transfer of the case, and division (B) of that section	2141
would not have allowed discretionary transfer of the case, the	2142
court shall transfer jurisdiction of the case back to the juvenile	2143
court that initially transferred the case, and the juvenile court	2144
shall impose one or more traditional juvenile dispositions upon	2145
the child under sections 2152.19 and 2152.20 of the Revised Code.	2146

(3) If the court in which the child is convicted of or pleads	2147
guilty to the offense determines under division (B)(1) of this	2148
section that, had a complaint been filed in juvenile court	2149
alleging that the child was a delinquent child for committing an	2150
act that would be that offense if committed by an adult, division	2151
(A) of section 2152.12 of the Revised Code would not have required	2152
mandatory transfer of the case but division (B) of that section	2153
would have allowed discretionary transfer of the case, the court	2154
shall determine the sentence it believes should be imposed upon	2155
the child under Chapter 2929. of the Revised Code, shall impose	2156
that sentence upon the child, and shall stay that sentence pending	2157
completion of the procedures specified in this division. Upon	2158
imposition and staying of the sentence, the court shall transfer	2159
jurisdiction of the case back to the juvenile court that initially	2160
transferred the case and the juvenile court shall proceed in	2161
accordance with this division. In no case may the child waive a	2162
right to a hearing of the type described in division (B)(3)(b) of	2163
this section, regarding a motion filed as described in that	2164
division by the prosecuting attorney in the case. Upon transfer of	2165
jurisdiction of the case back to the juvenile court, both of the	2166
following apply:	2167

(a) Except as otherwise provided in division (B)(3)(b) of	2168
this section, the juvenile court shall impose a serious youthful	2169
offender dispositional sentence upon the child under division	2170
(D)(1) of section 2152.13 of the Revised Code. In imposing the	2171
adult portion of that sentence, the juvenile court shall consider	2172
and give preference to the sentence imposed upon the child by the	2173
court in which the child was convicted of or pleaded guilty to the	2174
offense. Upon imposing a serious youthful offender dispositional	2175
sentence upon the child as described in this division, the	2176
juvenile court shall notify the court in which the child was	2177
convicted of or pleaded guilty to the offense, the sentence	2178
imposed upon the child by that court shall terminate, the court	2179
and all other agencies that have any record of the conviction of	2180
the child shall expunge the conviction or guilty plea and all	2181
records of it, the conviction or guilty plea shall be considered	2182
and treated for all purposes other than as provided in this	2183
section to have never occurred, and the conviction or guilty plea	2184
shall be considered and treated for all purposes other than as	2185
provided in this section to have been a delinquent child	2186
adjudication of the child.	2187

(b) Upon the transfer, the prosecuting attorney in the case	2188
may file a motion in the juvenile court that objects to the	2189
imposition of a serious youthful offender dispositional sentence	2190
upon the child and requests that the sentence imposed upon the	2191
child by the court in which the child was convicted of or pleaded	2192
guilty to the offense be invoked. Upon the filing of a motion	2193
under this division, the juvenile court shall hold a hearing to	2194
determine whether the child is not amenable to care or	2195
rehabilitation within the juvenile system and whether the safety	2196
of the community may require that the child be subject solely to	2197
adult sanctions. If the juvenile court at the hearing finds that	2198
the child is not amenable to care or rehabilitation within the	2199
juvenile system or that the safety of the community may require	2200
that the child be subject solely to adult sanctions, the court	2201
shall grant the motion. Absent such a finding, the juvenile court	2202
shall deny the motion. In making its decision under this division,	2203
the juvenile court shall consider the factors listed in division	2204
(D) of section 2152.12 of the Revised Code as factors indicating	2205
that the motion should be granted, shall consider the factors	2206
listed in division (E) of that section as factors indicating that	2207
the motion should not be granted, and shall consider whether the	2208
applicable factors listed in division (D) of that section outweigh	2209
the applicable factors listed in division (E) of that section.	2210

If the juvenile court grants the motion of the prosecuting	2211
attorney under this division, the juvenile court shall transfer	2212
jurisdiction of the case back to the court in which the child was	2213
convicted of or pleaded guilty to the offense, and the sentence	2214
imposed by that court shall be invoked. If the juvenile court	2215
denies the motion of the prosecuting attorney under this section,	2216
the juvenile court shall impose a serious youthful offender	2217
dispositional sentence upon the child in accordance with division	2218
(B)(3)(a) of this section.	2219

(4) If the court in which the child is convicted of or pleads	2220
guilty to the offense determines under division (B)(1) of this	2221
section that, had a complaint been filed in juvenile court	2222
alleging that the child was a delinquent child for committing an	2223
act that would be that offense if committed by an adult, division	2224
(A) of section 2152.12 of the Revised Code would have required	2225
mandatory transfer of the case, the court shall impose sentence	2226
upon the child under Chapter 2929. of the Revised Code.	2227

Sec. 2152.13.  (A) A juvenile court shall impose a serious	2228
youthful dispositional sentence on a child when required under	2229
division (B)(3) of section 2152.121 of the Revised Code. In such a	2230
case, the remaining provisions of this division and divisions (B)	2231
and (C) do not apply to the child, and the court shall impose the	2232
mandatory serious youthful dispositional sentence under division	2233
(D)(1) of this section.	2234

In all other cases, a juvenile court may impose a serious	2235
youthful offender dispositional sentence on a child only if the	2236
prosecuting attorney of the county in which the delinquent act	2237
allegedly occurred initiates the process against the child in	2238
accordance with this division, and the child is an alleged	2239
delinquent child who is eligible for the dispositional sentence.	2240
The prosecuting attorney may initiate the process in any of the	2241
following ways:	2242

(1) Obtaining an indictment of the child as a serious	2243
youthful offender;	2244

(2) The child waives the right to indictment, charging the	2245
child in a bill of information as a serious youthful offender;	2246

(3) Until an indictment or information is obtained,	2247
requesting a serious youthful offender dispositional sentence in	2248
the original complaint alleging that the child is a delinquent	2249
child;	2250

(4) Until an indictment or information is obtained, if the	2251
original complaint does not request a serious youthful offender	2252
dispositional sentence, filing with the juvenile court a written	2253
notice of intent to seek a serious youthful offender dispositional	2254
sentence within twenty days after the later of the following,	2255
unless the time is extended by the juvenile court for good cause	2256
shown:	2257

(a) The date of the child's first juvenile court hearing	2258
regarding the complaint;	2259

(b) The date the juvenile court determines not to transfer	2260
the case under section 2152.12 of the Revised Code.	2261

After a written notice is filed under division (A)(4) of this	2262
section, the juvenile court shall serve a copy of the notice on	2263
the child and advise the child of the prosecuting attorney's	2264
intent to seek a serious youthful offender dispositional sentence	2265
in the case.	2266

(B) If an alleged delinquent child is not indicted or charged	2267
by information as described in division (A)(1) or (2) of this	2268
section and if a notice or complaint as described in division	2269
(A)(3) or (4) of this section indicates that the prosecuting	2270
attorney intends to pursue a serious youthful offender	2271
dispositional sentence in the case, the juvenile court shall hold	2272
a preliminary hearing to determine if there is probable cause that	2273
the child committed the act charged and is by age eligible for, or	2274
required to receive, a serious youthful offender dispositional	2275
sentence.	2276

(C)(1) A child for whom a serious youthful offender	2277
dispositional sentence is sought by a prosecuting attorney has the	2278
right to a grand jury determination of probable cause that the	2279
child committed the act charged and that the child is eligible by	2280
age for a serious youthful offender dispositional sentence. The	2281
grand jury may be impaneled by the court of common pleas or the	2282
juvenile court.	2283

Once a child is indicted, or charged by information or the	2284
juvenile court determines that the child is eligible for a serious	2285
youthful offender dispositional sentence, the child is entitled to	2286
an open and speedy trial by jury in juvenile court and to be	2287
provided with a transcript of the proceedings. The time within	2288
which the trial is to be held under Title XXIX of the Revised Code	2289
commences on whichever of the following dates is applicable:	2290

(a) If the child is indicted or charged by information, on	2291
the date of the filing of the indictment or information.	2292

(b) If the child is charged by an original complaint that	2293
requests a serious youthful offender dispositional sentence, on	2294
the date of the filing of the complaint.	2295

(c) If the child is not charged by an original complaint that	2296
requests a serious youthful offender dispositional sentence, on	2297
the date that the prosecuting attorney files the written notice of	2298
intent to seek a serious youthful offender dispositional sentence.	2299

(2) If the child is detained awaiting adjudication, upon	2300
indictment or being charged by information, the child has the same	2301
right to bail as an adult charged with the offense the alleged	2302
delinquent act would be if committed by an adult. Except as	2303
provided in division (D) of section 2152.14 of the Revised Code,	2304
all provisions of Title XXIX of the Revised Code and the Criminal	2305
Rules shall apply in the case and to the child. The juvenile court	2306
shall afford the child all rights afforded a person who is	2307
prosecuted for committing a crime including the right to counsel	2308
and the right to raise the issue of competency. The child may not	2309
waive the right to counsel.	2310

(D)(1) If a child is adjudicated a delinquent child for	2311
committing an act under circumstances that require the juvenile	2312
court to impose upon the child a serious youthful offender	2313
dispositional sentence under section 2152.11 of the Revised Code,	2314
all of the following apply:	2315

(a) The juvenile court shall impose upon the child a sentence	2316
available for the violation, as if the child were an adult, under	2317
Chapter 2929. of the Revised Code, except that the juvenile court	2318
shall not impose on the child a sentence of death or life	2319
imprisonment without parole.	2320

(b) The juvenile court also shall impose upon the child one	2321
or more traditional juvenile dispositions under sections 2152.16,	2322
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	2323
Revised Code.	2324

(c) The juvenile court shall stay the adult portion of the	2325
serious youthful offender dispositional sentence pending the	2326
successful completion of the traditional juvenile dispositions	2327
imposed.	2328

(2)(a) If a child is adjudicated a delinquent child for	2329
committing an act under circumstances that allow, but do not	2330
require, the juvenile court to impose on the child a serious	2331
youthful offender dispositional sentence under section 2152.11 of	2332
the Revised Code, all of the following apply:	2333

(i) If the juvenile court on the record makes a finding that,	2334
given the nature and circumstances of the violation and the	2335
history of the child, the length of time, level of security, and	2336
types of programming and resources available in the juvenile	2337
system alone are not adequate to provide the juvenile court with a	2338
reasonable expectation that the purposes set forth in section	2339
2152.01 of the Revised Code will be met, the juvenile court may	2340
impose upon the child a sentence available for the violation, as	2341
if the child were an adult, under Chapter 2929. of the Revised	2342
Code, except that the juvenile court shall not impose on the child	2343
a sentence of death or life imprisonment without parole.	2344

(ii) If a sentence is imposed under division (D)(2)(a)(i) of	2345
this section, the juvenile court also shall impose upon the child	2346
one or more traditional juvenile dispositions under sections	2347
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	2348
of the Revised Code.	2349

(iii) The juvenile court shall stay the adult portion of the	2350
serious youthful offender dispositional sentence pending the	2351
successful completion of the traditional juvenile dispositions	2352
imposed.	2353

(b) If the juvenile court does not find that a sentence	2354
should be imposed under division (D)(2)(a)(i) of this section, the	2355
juvenile court may impose one or more traditional juvenile	2356
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	2357
applicable, section 2152.17 of the Revised Code.	2358

(3) A child upon whom a serious youthful offender	2359
dispositional sentence is imposed under division (D)(1) or (2) of	2360
this section has a right to appeal under division (A)(1), (3),	2361
(4), or (5), or (6) of section 2953.08 of the Revised Code the	2362
adult portion of the serious youthful offender dispositional	2363
sentence when any of those divisions apply. The child may appeal	2364
the adult portion, and the court shall consider the appeal as if	2365
the adult portion were not stayed.	2366

Sec. 2152.14.  (A)(1) The director of youth services may	2367
request the prosecuting attorney of the county in which is located	2368
the juvenile court that imposed a serious youthful offender	2369
dispositional sentence upon a person under section 2152.121 or	2370
2152.13 of the Revised Code to file a motion with that juvenile	2371
court to invoke the adult portion of the dispositional sentence if	2372
all of the following apply to the person:	2373

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

2374

(b) The person is in the institutional custody, or an escapee	2375
from the custody, of the department of youth services.	2376

(c) The person is serving the juvenile portion of the serious	2377
youthful offender dispositional sentence.	2378

(2) The motion shall state that there is reasonable cause to	2379
believe that either of the following misconduct has occurred and	2380
shall state that at least one incident of misconduct of that	2381
nature occurred after the person reached fourteen years of age:	2382

(a) The person committed an act that is a violation of the	2383
rules of the institution and that could be charged as any felony	2384
or as a first degree misdemeanor offense of violence if committed	2385
by an adult.	2386

(b) The person has engaged in conduct that creates a	2387
substantial risk to the safety or security of the institution, the	2388
community, or the victim.	2389

(B) If a person is at least fourteen years of age, is serving	2390
the juvenile portion of a serious youthful offender dispositional	2391
sentence imposed under section 2152.121 or 2152.13 of the Revised	2392
Code, and is on parole or aftercare from a department of youth	2393
services facility, or on community control, the director of youth	2394
services, the juvenile court that imposed the serious youthful	2395
offender dispositional sentence on the person, or the probation	2396
department supervising the person may request the prosecuting	2397
attorney of the county in which is located the juvenile court to	2398
file a motion with the juvenile court to invoke the adult portion	2399
of the dispositional sentence. The prosecuting attorney may file a	2400
motion to invoke the adult portion of the dispositional sentence	2401
even if no request is made. The motion shall state that there is	2402
reasonable cause to believe that either of the following occurred	2403
and shall state that at least one incident of misconduct of that	2404
nature occurred after the person reached fourteen years of age:	2405

(1) The person committed an act that is a violation of the	2406
conditions of supervision and that could be charged as any felony	2407
or as a first degree misdemeanor offense of violence if committed	2408
by an adult.	2409

(2) The person has engaged in conduct that creates a	2410
substantial risk to the safety or security of the community or of	2411
the victim.	2412

(C) If the prosecuting attorney declines a request to file a	2413
motion that was made by the department of youth services or the	2414
supervising probation department under division (A) or (B) of this	2415
section or fails to act on a request made under either division by	2416
the department within a reasonable time, the department of youth	2417
services or the supervising probation department may file a motion	2418
of the type described in division (A) or (B) of this section with	2419
the juvenile court to invoke the adult portion of the serious	2420
youthful offender dispositional sentence. If the prosecuting	2421
attorney declines a request to file a motion that was made by the	2422
juvenile court under division (B) of this section or fails to act	2423
on a request from the court under that division within a	2424
reasonable time, the juvenile court may hold the hearing described	2425
in division (D) of this section on its own motion.	2426

(D) Upon the filing of a motion described in division (A),	2427
(B), or (C) of this section, the juvenile court may hold a hearing	2428
to determine whether to invoke the adult portion of a person's	2429
serious juvenile offender dispositional sentence. The juvenile	2430
court shall not invoke the adult portion of the dispositional	2431
sentence without a hearing. At the hearing the person who is the	2432
subject of the serious youthful offender disposition has the right	2433
to be present, to receive notice of the grounds upon which the	2434
adult sentence portion is sought to be invoked, to be represented	2435
by counsel including counsel appointed under Juvenile Rule 4(A),	2436
to be advised on the procedures and protections set forth in the	2437
Juvenile Rules, and to present evidence on the person's own	2438
behalf, including evidence that the person has a mental illness or	2439
is a mentally retarded person. The person may not waive the right	2440
to counsel. The hearing shall be open to the public. If the person	2441
presents evidence that the person has a mental illness or is a	2442
mentally retarded person, the juvenile court shall consider that	2443
evidence in determining whether to invoke the adult portion of the	2444
serious youthful offender dispositional sentence.	2445

(E)(1) The juvenile court may invoke the adult portion of a	2446
person's serious youthful offender dispositional sentence if the	2447
juvenile court finds all of the following on the record by clear	2448
and convincing evidence:	2449

(a) The person is serving the juvenile portion of a serious	2450
youthful offender dispositional sentence.	2451

(b) The person is at least fourteen years of age and has been	2452
admitted to a department of youth services facility, or criminal	2453
charges are pending against the person.	2454

(c) The person engaged in the conduct or acts charged under	2455
division (A), (B), or (C) of this section, and the person's	2456
conduct demonstrates that the person is unlikely to be	2457
rehabilitated during the remaining period of juvenile	2458
jurisdiction.	2459

(2) The court may modify the adult sentence the court invokes	2460
to consist of any lesser prison term that could be imposed for the	2461
offense and, in addition to the prison term or in lieu of the	2462
prison term if the prison term was not mandatory, any community	2463
control sanction that the offender was eligible to receive at	2464
sentencing.	2465

(F) If a juvenile court issues an order invoking the adult	2466
portion of a serious youthful offender dispositional sentence	2467
under division (E) of this section, the juvenile portion of the	2468
dispositional sentence shall terminate, and the department of	2469
youth services shall transfer the person to the department of	2470
rehabilitation and correction or place the person under another	2471
sanction imposed as part of the sentence. The juvenile court shall	2472
state in its order the total number of days that the person has	2473
been held in detention or in a facility operated by, or under	2474
contract with, the department of youth services under the juvenile	2475
portion of the dispositional sentence. The time the person must	2476
serve on a prison term imposed under the adult portion of the	2477
dispositional sentence shall be reduced by the total number of	2478
days specified in the order plus any additional days the person is	2479
held in a juvenile facility or in detention after the order is	2480
issued and before the person is transferred to the custody of the	2481
department of rehabilitation and correction. In no case shall the	2482
total prison term as calculated under this division exceed the	2483
maximum prison term available for an adult who is convicted of	2484
violating the same sections of the Revised Code.	2485

Any community control imposed as part of the adult sentence	2486
or as a condition of a judicial release from prison shall be under	2487
the supervision of the entity that provides adult probation	2488
services in the county. Any post-release control imposed after the	2489
offender otherwise is released from prison shall be supervised by	2490
the adult parole authority.	2491

Sec. 2152.17.  (A) Subject to division (D) of this section,	2492
if a child is adjudicated a delinquent child for committing an	2493
act, other than a violation of section 2923.12 of the Revised	2494
Code, that would be a felony if committed by an adult and if the	2495
court determines that, if the child was an adult, the child would	2496
be guilty of a specification of the type set forth in section	2497
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or	2498
2941.1415 of the Revised Code, in addition to any commitment or	2499
other disposition the court imposes for the underlying delinquent	2500
act, all of the following apply:	2501

(1) If the court determines that the child would be guilty of	2502
a specification of the type set forth in section 2941.141 of the	2503
Revised Code, the court may commit the child to the department of	2504
youth services for the specification for a definite period of up	2505
to one year.	2506

(2) If the court determines that the child would be guilty of	2507
a specification of the type set forth in section 2941.145 of the	2508
Revised Code or if the delinquent act is a violation of division	2509
(A)(1) or (2) of section 2903.06 of the Revised Code and the court	2510
determines that the child would be guilty of a specification of	2511
the type set forth in section 2941.1415 of the Revised Code, the	2512
court shall commit the child to the department of youth services	2513
for the specification for a definite period of not less than one	2514
and not more than three years, and the court also shall commit the	2515
child to the department for the underlying delinquent act under	2516
sections 2152.11 to 2152.16 of the Revised Code.	2517

(3) If the court determines that the child would be guilty of	2518
a specification of the type set forth in section 2941.144,	2519
2941.146, or 2941.1412 of the Revised Code or if the delinquent	2520
act is a violation of division (A)(1) or (2) of section 2903.06 of	2521
the Revised Code and the court determines that the child would be	2522
guilty of a specification of the type set forth in section	2523
2941.1414 of the Revised Code, the court shall commit the child to	2524
the department of youth services for the specification for a	2525
definite period of not less than one and not more than five years,	2526
and the court also shall commit the child to the department for	2527
the underlying delinquent act under sections 2152.11 to 2152.16 of	2528
the Revised Code.	2529

(B) Division(1) If a child is adjudicated a delinquent child	2530
for committing an act, other than a violation of section 2923.12	2531
of the Revised Code, that would be a felony if committed by an	2532
adult, if the court determines that the child is complicit in	2533
another person's conduct that is of such a nature that the other	2534
person would be guilty of a specification of the type set forth in	2535
section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised	2536
Code if the other person was an adult, if the other person's	2537
conduct relates to the child's underlying delinquent act, and if	2538
the child did not furnish, use, or dispose of any firearm that was	2539
involved with the underlying delinquent act or with the other	2540
person's specification-related conduct, in addition to any other	2541
disposition the court imposes for the underlying delinquent act,	2542
the court may commit the child to the department of youth services	2543
for the specification for a definite period of not more than one	2544
year, subject to division (D)(2) of this section.	2545

(2) Except as provided in division (B)(1) of this section,	2546
division (A) of this section also applies to a child who is an	2547
accomplice regarding a firearm specification of the type set forth	2548
in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code	2549
to the same extent the firearm specifications would apply to an	2550
adult accomplice in a criminal proceeding.	2551

(C) If a child is adjudicated a delinquent child for	2552
committing an act that would be aggravated murder, murder, or a	2553
first, second, or third degree felony offense of violence if	2554
committed by an adult and if the court determines that, if the	2555
child was an adult, the child would be guilty of a specification	2556
of the type set forth in section 2941.142 of the Revised Code in	2557
relation to the act for which the child was adjudicated a	2558
delinquent child, the court shall commit the child for the	2559
specification to the legal custody of the department of youth	2560
services for institutionalization in a secure facility for a	2561
definite period of not less than one and not more than three	2562
years, subject to division (D)(2) of this section, and the court	2563
also shall commit the child to the department for the underlying	2564
delinquent act.	2565

(D)(1) If the child is adjudicated a delinquent child for	2566
committing an act that would be an offense of violence that is a	2567
felony if committed by an adult and is committed to the legal	2568
custody of the department of youth services pursuant to division	2569
(A)(1) of section 2152.16 of the Revised Code and if the court	2570
determines that the child, if the child was an adult, would be	2571
guilty of a specification of the type set forth in section	2572
2941.1411 of the Revised Code in relation to the act for which the	2573
child was adjudicated a delinquent child, the court may commit the	2574
child to the custody of the department of youth services for	2575
institutionalization in a secure facility for up to two years,	2576
subject to division (D)(2) of this section.	2577

(2) A court that imposes a period of commitment under	2578
division (A) of this section is not precluded from imposing an	2579
additional period of commitment under division (C) or (D)(1) of	2580
this section, a court that imposes a period of commitment under	2581
division (C) of this section is not precluded from imposing an	2582
additional period of commitment under division (A) or (D)(1) of	2583
this section, and a court that imposes a period of commitment	2584
under division (D)(1) of this section is not precluded from	2585
imposing an additional period of commitment under division (A) or	2586
(C) of this section.	2587

(E) The court shall not commit a child to the legal custody	2588
of the department of youth services for a specification pursuant	2589
to this section for a period that exceeds five years for any one	2590
delinquent act. Any commitment imposed pursuant to division (A),	2591
(B), (C), or (D)(1) of this section shall be in addition to, and	2592
shall be served consecutively with and prior to, a period of	2593
commitment ordered under this chapter for the underlying	2594
delinquent act, and each commitment imposed pursuant to division	2595
(A), (B), (C), or (D)(1) of this section shall be in addition to,	2596
and shall be served consecutively with, any other period of	2597
commitment imposed under those divisions. If a commitment is	2598
imposed under division (A) or (B) of this section and a commitment	2599
also is imposed under division (C) of this section, the period	2600
imposed under division (A) or (B) of this section shall be served	2601
prior to the period imposed under division (C) of this section.	2602

In each case in which a court makes a disposition under this	2603
section, the court retains control over the commitment for the	2604
entire period of the commitment.	2605

The total of all the periods of commitment imposed for any	2606
specification under this section and for the underlying offense	2607
shall not exceed the child's attainment of twenty-one years of	2608
age.	2609

(F) If a child is adjudicated a delinquent child for	2610
committing two or more acts that would be felonies if committed by	2611
an adult and if the court entering the delinquent child	2612
adjudication orders the commitment of the child for two or more of	2613
those acts to the legal custody of the department of youth	2614
services for institutionalization in a secure facility pursuant to	2615
section 2152.13 or 2152.16 of the Revised Code, the court may	2616
order that all of the periods of commitment imposed under those	2617
sections for those acts be served consecutively in the legal	2618
custody of the department of youth services, provided that those	2619
periods of commitment shall be in addition to and commence	2620
immediately following the expiration of a period of commitment	2621
that the court imposes pursuant to division (A), (B), (C), or	2622
(D)(1) of this section. A court shall not commit a delinquent	2623
child to the legal custody of the department of youth services	2624
under this division for a period that exceeds the child's	2625
attainment of twenty-one years of age.	2626

Sec. 2152.22.  (A) When a child is committed to the legal	2627
custody of the department of youth services under this chapter,	2628
the juvenile court relinquishes control with respect to the child	2629
so committed, except as provided in divisions (B), (C), (D), and	2630
(G)(H) of this section or in sections 2152.82 to 2152.86 of the	2631
Revised Code. Subject to divisions (B) and, (C), and (D) of this	2632
section, sections 2151.353 and 2151.412 to 2151.421 of the Revised	2633
Code, sections 2152.82 to 2152.86 of the Revised Code, and any	2634
other provision of law that specifies a different duration for a	2635
dispositional order, all other dispositional orders made by the	2636
court under this chapter shall be temporary and shall continue for	2637
a period that is designated by the court in its order, until	2638
terminated or modified by the court or until the child attains	2639
twenty-one years of age.	2640

The department shall not release the child from a department	2641
facility and as a result shall not discharge the child or order	2642
the child's release on supervised release prior to the expiration	2643
of the minimum period specified by the court in division (A)(1) of	2644
section 2152.16 of the Revised Code and any term of commitment	2645
imposed under section 2152.17 of the Revised Code or prior to the	2646
child's attainment of twenty-one years of age, except upon the	2647
order of a court pursuant to division (B) or, (C), or (D) of this	2648
section or in accordance with section 5139.54 of the Revised Code.	2649

(B)(1) The court that commits a delinquent child to the	2650
department of youth services may grant judicial release of the	2651
child to court supervision under this division during the first	2652
half of the prescribed minimum term for which the child was	2653
committed to the department or, if the child was committed to the	2654
department until the child attains twenty-one years of age, during	2655
the first half of the prescribed period of commitment that begins	2656
on the first day of commitment and ends on the child's	2657
twenty-first birthday, provided any commitment imposed under	2658
division (A), (B), (C), or (D) of section 2152.17 of the Revised	2659
Code has ended.	2660

(2) If the department of youth services desires to release a	2661
child during a period specified in division (B)(1) of this	2662
section, it shall request the court that committed the child to	2663
grant a judicial release of the child to court supervision under	2664
this division. During whichever of those periods is applicable,	2665
the child or the parents of the child also may request that court	2666
to grant a judicial release of the child to court supervision.	2667
Upon receipt of a request for a judicial release to court	2668
supervision under this division from the department, the child, or	2669
the child's parent, or upon its own motion, the court that	2670
committed the child shall do one of the following: approve the	2671
release by journal entry; schedule within thirty days after the	2672
request is received a time for a hearing on whether the child is	2673
to be released; or reject the request by journal entry without	2674
conducting a hearing.	2675

If the court rejects an initial request for a release under	2676
this division by the child or the child's parent, the child or the	2677
child's parent may make one additional request for a judicial	2678
release to court supervision within the applicable period. The	2679
additional request may be made no earlier than thirty days after	2680
the filing of the prior request for a judicial release to court	2681
supervision. Upon the filing of a second request for a judicial	2682
release to court supervision, the court shall either approve or	2683
disapprove the release by journal entry or schedule within thirty	2684
days after the request is received a time for a hearing on whether	2685
the child is to be released.	2686

(3) If a court schedules a hearing under division (B)(2) of	2687
this section, it may order the department to deliver the child to	2688
the court on the date set for the hearing and may order the	2689
department to present to the court a report on the child's	2690
progress in the institution to which the child was committed and	2691
recommendations for conditions of supervision of the child by the	2692
court after release. The court may conduct the hearing without the	2693
child being present. The court shall determine at the hearing	2694
whether the child should be granted a judicial release to court	2695
supervision.	2696

If the court approves the release under this division, it	2697
shall order its staff to prepare a written treatment and	2698
rehabilitation plan for the child that may include any conditions	2699
of the child's release that were recommended by the department and	2700
approved by the court. The committing court shall send the	2701
juvenile court of the county in which the child is placed a copy	2702
of the recommended plan. The court of the county in which the	2703
child is placed may adopt the recommended conditions set by the	2704
committing court as an order of the court and may add any	2705
additional consistent conditions it considers appropriate. If a	2706
child is granted a judicial release to court supervision, the	2707
release discharges the child from the custody of the department of	2708
youth services.	2709

(C)(1) The court that commits a delinquent child to the	2710
department of youth services may grant judicial release of the	2711
child to department of youth services supervision under this	2712
division during the second half of the prescribed minimum term for	2713
which the child was committed to the department or, if the child	2714
was committed to the department until the child attains twenty-one	2715
years of age, during the second half of the prescribed period of	2716
commitment that begins on the first day of commitment and ends on	2717
the child's twenty-first birthday, provided any commitment imposed	2718
under division (A), (B), (C), or (D) of section 2152.17 of the	2719
Revised Code has ended.	2720

(2) If the department of youth services desires to release a	2721
child during a period specified in division (C)(1) of this	2722
section, it shall request the court that committed the child to	2723
grant a judicial release to department of youth services	2724
supervision. During whichever of those periods is applicable, the	2725
child or the child's parent also may request the court that	2726
committed the child to grant a judicial release to department of	2727
youth services supervision. Upon receipt of a request for judicial	2728
release to department of youth services supervision, the child, or	2729
the child's parent, or upon its own motion at any time during that	2730
period, the court shall do one of the following: approve the	2731
release by journal entry; schedule a time within thirty days after	2732
receipt of the request for a hearing on whether the child is to be	2733
released; or reject the request by journal entry without	2734
conducting a hearing.	2735

If the court rejects an initial request for release under	2736
this division by the child or the child's parent, the child or the	2737
child's parent may make one or more subsequent requests for a	2738
release within the applicable period, but may make no more than	2739
one request during each period of ninety days that the child is in	2740
a secure department facility after the filing of a prior request	2741
for early release. Upon the filing of a request for release under	2742
this division subsequent to an initial request, the court shall	2743
either approve or disapprove the release by journal entry or	2744
schedule a time within thirty days after receipt of the request	2745
for a hearing on whether the child is to be released.	2746

(3) If a court schedules a hearing under division (C)(2) of	2747
this section, it may order the department to deliver the child to	2748
the court on the date set for the hearing and shall order the	2749
department to present to the court at that time a treatment plan	2750
for the child's post-institutional care. The court may conduct the	2751
hearing without the child being present. The court shall determine	2752
at the hearing whether the child should be granted a judicial	2753
release to department of youth services supervision.	2754

If the court approves the judicial release to department of	2755
youth services supervision, the department shall prepare a written	2756
treatment and rehabilitation plan for the child pursuant to	2757
division (E)(F) of this section that shall include the conditions	2758
of the child's release. It shall send the committing court and the	2759
juvenile court of the county in which the child is placed a copy	2760
of the plan. The court of the county in which the child is placed	2761
may adopt the conditions set by the department as an order of the	2762
court and may add any additional consistent conditions it	2763
considers appropriate, provided that the court may not add any	2764
condition that decreases the level or degree of supervision	2765
specified by the department in its plan, that substantially	2766
increases the financial burden of supervision that will be	2767
experienced by the department, or that alters the placement	2768
specified by the department in its plan. If the court of the	2769
county in which the child is placed adds to the department's plan	2770
any additional conditions, it shall enter those additional	2771
conditions in its journal and shall send to the department a copy	2772
of the journal entry of the additional conditions.	2773

If the court approves the judicial release to department of	2774
youth services supervision, the actual date on which the	2775
department shall release the child is contingent upon the	2776
department finding a suitable placement for the child. If the	2777
child is to be returned to the child's home, the department shall	2778
return the child on the date that the court schedules for the	2779
child's release or shall bear the expense of any additional time	2780
that the child remains in a department facility. If the child is	2781
unable to return to the child's home, the department shall	2782
exercise reasonable diligence in finding a suitable placement for	2783
the child, and the child shall remain in a department facility	2784
while the department finds the suitable placement.	2785

(D)(1) Subject to division (D)(3) of this section, the court	2786
that commits a delinquent child to the department of youth	2787
services may grant judicial release of the child under this	2788
division at any time after the expiration of one of the following	2789
periods of time:	2790

(a) Except as otherwise provided in division (D)(1)(b) of	2791
this section, if the child was committed to the department for a	2792
prescribed minimum period and a maximum period not to exceed the	2793
child's attainment of twenty-one years, the court may grant	2794
judicial release of the child at any time after the expiration of	2795
the prescribed minimum term for which the child was committed to	2796
the department.	2797

(b) If the child was committed to the department for both one	2798
or more definite periods under division (A), (B), (C), or (D) of	2799
section 2152.17 of the Revised Code and a period of the type	2800
described in division (D)(1)(a) of this section, all of the	2801
prescribed minimum periods of commitment imposed under division	2802
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and	2803
the prescribed period of commitment of the type described in	2804
division (D)(1)(a) of this section shall be aggregated for	2805
purposes of this division, and the court may grant judicial	2806
release of the child at any time after the expiration of one year	2807
after the child begins serving the aggregate period of commitment.	2808

(2) If a court grants a judicial release of a child under	2809
division (D)(1) of this section, the release shall be a judicial	2810
release to department of youth services supervision, if the	2811
release is granted during a period described in division (C)(1) of	2812
this section, and the second and third paragraphs of division	2813
(C)(3) of this section apply regarding the release. In all other	2814
cases, the release shall be a judicial release to court	2815
supervision, and the second paragraph of division (B)(3) of this	2816
section applies regarding the release.	2817

(3) A court at the time of making the disposition of a child	2818
shall provide notice in the order of disposition that the judge is	2819
retaining jurisdiction over the child for the purpose of a	2820
possible grant of judicial release of the child under division	2821
(D)(1) of this section. The failure of a court to provide this	2822
notice does not affect the authority of the court to grant a	2823
judicial release under that division and does not constitute	2824
grounds for setting aside the child's delinquent child	2825
adjudication or disposition or for granting any post-adjudication	2826
relief to the child.	2827

(4) The department of youth services, a child committed to	2828
the department, or the parents of the child, during a period	2829
specified in division (D)(1) of this section, may request the	2830
court that committed the child to grant a judicial release of the	2831
child under that division. Upon receipt of a request for judicial	2832
release of a child under this division from the department, the	2833
child, or the child's parent, or upon its own motion, the court	2834
that committed the child shall do one of the following:	2835

(a) Approve the request by journal entry;

2836

(b) Schedule within thirty days after the request is received	2837
a time for a hearing on whether the child is to be released;	2838

(c) Reject the request by journal entry without conducting a	2839
hearing.	2840

If the court rejects an initial request for a release under	2841
this division by the child or the child's parent, division (C)(2)	2842
of this section applies regarding the making of additional	2843
requests.	2844

If the court schedules a hearing under this division to	2845
consider the judicial release, the first paragraph of division	2846
(B)(3) of this section applies regarding the hearing.	2847

(E) If a child is released under division (B) or, (C), or (D)	2848
of this section and the court of the county in which the child is	2849
placed has reason to believe that the child's deportment is not in	2850
accordance with the conditions of the child's judicial release,	2851
the court of the county in which the child is placed shall	2852
schedule a time for a hearing to determine whether the child	2853
violated any of the post-release conditions, and, if the child was	2854
released under division (C) of this section or under division (D)	2855
of this section under department supervision, divisions (A) to (E)	2856
of section 5139.52 of the Revised Code apply regarding the child.	2857

If that court determines at the hearing that the child	2858
violated any of the post-release conditions, the court, if it	2859
determines that the violation was a serious violation, may order	2860
the child to be returned to the department for	2861
institutionalization, consistent with the original order of	2862
commitment of the child, or in any case may make any other	2863
disposition of the child authorized by law that the court	2864
considers proper. If the court of the county in which the child is	2865
placed orders the child to be returned to a department of youth	2866
services institution, the time during which the child was held in	2867
a secure department facility prior to the child's judicial release	2868
shall be considered as time served in fulfilling the prescribed	2869
period of institutionalization that is applicable to the child	2870
under the child's original order of commitment. If the court	2871
orders the child returned to a department institution, the child	2872
shall remain in institutional care for a minimum of three months	2873
or until the child successfully completes a revocation program of	2874
a duration of not less than thirty days operated either by the	2875
department or by an entity with which the department has	2876
contracted to provide a revocation program.	2877

(E)(F) The department of youth services, prior to the release	2878
of a child pursuant to division (C) of this section or pursuant to	2879
division (D) of this section on department supervision, shall do	2880
all of the following:	2881

(1) After reviewing the child's rehabilitative progress	2882
history and medical and educational records, prepare a written	2883
treatment and rehabilitation plan for the child that includes	2884
conditions of the release;	2885

(2) Completely discuss the conditions of the plan prepared	2886
pursuant to division (E)(F)(1) of this section and the possible	2887
penalties for violation of the plan with the child and the child's	2888
parents, guardian, or legal custodian;	2889

(3) Have the plan prepared pursuant to division (E)(F)(1) of	2890
this section signed by the child, the child's parents, legal	2891
guardian, or custodian, and any authority or person that is to	2892
supervise, control, and provide supportive assistance to the child	2893
at the time of the child's release pursuant to division (C) or (D)	2894
of this section;	2895

(4) Prior to the child's release, file a copy of the	2896
treatment plan prepared pursuant to division (E)(F)(1) of this	2897
section with the committing court and the juvenile court of the	2898
county in which the child is to be placed.	2899

(F)(G) The department of youth services shall file a written	2900
progress report with the committing court regarding each child	2901
released pursuant to division (C) of this section or released	2902
pursuant to division (D) of this section on judicial release to	2903
department supervision at least once every thirty days unless	2904
specifically directed otherwise by the court. The report shall	2905
indicate the treatment and rehabilitative progress of the child	2906
and the child's family, if applicable, and shall include any	2907
suggestions for altering the program, custody, living	2908
arrangements, or treatment. The department shall retain legal	2909
custody of a child so released until it discharges the child or	2910
until the custody is terminated as otherwise provided by law.	2911

(G)(H) When a child is committed to the legal custody of the	2912
department of youth services, the court retains jurisdiction to	2913
perform the functions specified in section 5139.51 of the Revised	2914
Code with respect to the granting of supervised release by the	2915
release authority and to perform the functions specified in	2916
section 5139.52 of the Revised Code with respect to violations of	2917
the conditions of supervised release granted by the release	2918
authority and to the revocation of supervised release granted by	2919
the release authority.	2920

Sec. 2152.51.  (A) As used in sections 2152.51 to 2152.59 of	2921
the Revised Code:	2922

(1) "Competent" and "competency" refer to a child's ability	2923
to understand the nature and objectives of a proceeding against	2924
the child and to assist in the child's defense. A child is	2925
incompetent if, due to mental illness, intellectual disability, or	2926
developmental disability, or otherwise due to a lack of mental	2927
capacity, the child is presently incapable of understanding the	2928
nature and objective of proceedings against the child or of	2929
assisting in the child's defense.	2930

(2) "Delinquent child proceeding" means any proceeding under	2931
this chapter.	2932

(3) "A person who is at least moderately intellectually	2933
disabled" means "a person who is at least moderately mentally	2934
retarded," as defined in section 5123.01 of the Revised Code.	2935

(4) "Person with intellectual disability" has the same	2936
meaning as in section 2951.041 of the Revised Code.	2937

(B) Each juvenile court shall adopt rules to expedite	2938
proceedings under sections 2152.51 to 2152.59 of the Revised Code.	2939
The rules shall include provisions for giving notice of any	2940
hearings held under those sections and for staying any proceedings	2941
on the underlying complaint pending the determinations under those	2942
sections.	2943

(C) At a competency-related hearing held under section	2944
2152.53 or 2152.58 of the Revised Code, the child shall be	2945
represented by an attorney. If the child is indigent and cannot	2946
obtain counsel, the court shall appoint an attorney under Chapter	2947
120. of the Revised Code or the Rules of Juvenile Procedure.	2948

Sec. 2152.52.  (A)(1) In any proceeding under this chapter	2949
other than a proceeding alleging that a child is a juvenile	2950
traffic offender, any party or the court may move for a	2951
determination regarding the child's competency to participate in	2952
the proceeding.	2953

(2) In any proceeding under this chapter other than a	2954
proceeding alleging that a child is a juvenile traffic offender,	2955
if the child who is the subject of the proceeding is fourteen	2956
years of age or older and if the child is not otherwise found to	2957
be mentally ill, intellectually disabled, or developmentally	2958
disabled, it is rebuttably presumed that the child does not have a	2959
lack of mental capacity. This presumption applies only in making a	2960
determination as to whether the child has a lack of mental	2961
capacity and shall not be used or applicable for any other	2962
purpose.	2963

(B) The court may find a child incompetent to proceed without	2964
ordering an evaluation of the child's competency or holding a	2965
hearing to determine the child's competency if either of the	2966
following applies:	2967

(1) The prosecuting attorney, the child's attorney, and at	2968
least one of the child's parents, guardians, or custodians agree	2969
to the determination.	2970

(2) The court relies on a prior court determination that the	2971
child was incompetent and could not attain competency even if the	2972
child were to participate in competency attainment services.	2973

Sec. 2152.53.  (A) Within fifteen business days after a	2974
motion is made under section 2152.52 of the Revised Code, the	2975
court shall do one of the following:	2976

(1) Make a determination of incompetency under division (B)	2977
of section 2152.52 of the Revised Code;	2978

(2) Determine, without holding a hearing, whether there is a	2979
reasonable basis to conduct a competency evaluation;	2980

(3) Hold a hearing to determine whether there is a reasonable	2981
basis to conduct a competency evaluation.	2982

(B) If the court holds a hearing, it shall make its	2983
determination within ten business days after the conclusion of the	2984
hearing. If the court determines that there is a reasonable basis	2985
for a competency evaluation or if the prosecuting attorney and the	2986
child's attorney agree to an evaluation, the court shall order a	2987
competency evaluation and appoint an evaluator.	2988

Sec. 2152.54.  (A) An evaluation of a child who does not	2989
appear to the court to be a person who is at least moderately	2990
intellectually disabled shall be made by an evaluator who is one	2991
of the following:	2992

(1) A professional employed by a psychiatric facility or	2993
center certified by the department of mental health to provide	2994
forensic services and appointed by the director of the facility or	2995
center to conduct the evaluation;	2996

(2) A psychiatrist or a licensed clinical psychologist who	2997
satisfies the criteria of division (I)(1) of section 5122.01 of	2998
the Revised Code and has specialized education, training, or	2999
experience in forensic evaluations of children or adolescents.	3000

(B) An evaluation of a child who appears to the court to be a	3001
person who is at least moderately intellectually disabled shall be	3002
made by a psychiatrist or licensed clinical psychologist who	3003
satisfies the criteria of division (I)(1) of section 5122.01 of	3004
the Revised Code and has specialized education, training, or	3005
experience in forensic evaluations of children or adolescents who	3006
have intellectual disability.	3007

(C) If an evaluation is conducted by an evaluator of the type	3008
described in division (A)(1) or (2) of this section and the	3009
evaluator concludes that the child is a person who is at least	3010
moderately intellectually disabled, the evaluator shall	3011
discontinue the evaluation and notify the court within one	3012
business day after reaching the conclusion. Within two business	3013
days after receiving notification, the court shall order the child	3014
to undergo an evaluation by an evaluator of the type described in	3015
division (B) of this section. Within two business days after the	3016
appointment of the new evaluator, the original evaluator shall	3017
deliver to the new evaluator all information relating to the child	3018
obtained during the original evaluation.	3019

Sec. 2152.55.  (A) If a court orders a child to receive an	3020
evaluation under section 2152.53 of the Revised Code, the child	3021
and the child's parents, guardians, or custodians shall be	3022
available at the times and places established by the evaluator who	3023
conducts the evaluation. The evaluation shall be performed in the	3024
least restrictive setting available that will both facilitate an	3025
evaluation and maintain the safety of the child and community. If	3026
the child has been released on temporary or interim orders and	3027
refuses or fails to submit to the evaluation, the court may amend	3028
the conditions of the orders in whatever manner necessary to	3029
facilitate an evaluation.	3030

(B) The court shall provide in its evaluation order that the	3031
evaluator shall have access to all relevant private and public	3032
records related to the child, including competency evaluations and	3033
reports conducted in prior delinquent child proceedings. The court	3034
may include an order for all relevant private and public records	3035
related to the child in the journal entry ordering the evaluation.	3036

(C) Within ten business days after the court appoints an	3037
evaluator, the prosecuting attorney shall deliver to the evaluator	3038
copies of relevant police reports and other background information	3039
that pertain to the child and that are in the prosecuting	3040
attorney's possession, except for any information that the	3041
prosecuting attorney determines would, if released, interfere with	3042
the effective prosecution of any person or create a substantial	3043
risk of harm to any person.	3044

(D) Within ten business days after the court appoints an	3045
evaluator, the child's attorney shall deliver to the evaluator	3046
copies of relevant police reports and other background information	3047
that pertain to the child and that are in the attorney's	3048
possession and that is not protected by attorney-client privilege.	3049

Sec. 2152.56.  (A) Upon completing an evaluation ordered	3050
pursuant to section 2152.53 of the Revised Code, an evaluator	3051
shall submit to the court a written competency assessment report.	3052
The report shall include the evaluator's opinion as to whether the	3053
child, due to mental illness, intellectual disability, or	3054
developmental disability, or otherwise due to a lack of mental	3055
capacity, is presently incapable of understanding the nature and	3056
objective of the proceedings against the child or of assisting in	3057
the child's defense. The report shall not include any opinion as	3058
to the child's sanity at the time of the alleged offense, details	3059
of the alleged offense as reported by the child, or an opinion as	3060
to whether the child actually committed the offense or could have	3061
been culpable for committing the offense.	3062

(B) A competency assessment report shall address the child's	3063
capacity to do all of the following:	3064

(1) Comprehend and appreciate the charges or allegations	3065
against the child;	3066

(2) Understand the adversarial nature of the proceedings,	3067
including the role of the judge, defense counsel, prosecuting	3068
attorney, guardian ad litem or court-appointed special assistant,	3069
and witnesses;	3070

(3) Assist in the child's defense and communicate with	3071
counsel;	3072

(4) Comprehend and appreciate the consequences that may be	3073
imposed or result from the proceedings.	3074

(C) A competency assessment report shall include the	3075
evaluator's opinion regarding the extent to which the child's	3076
competency may be impaired by the child's failure to meet one or	3077
more of the criteria listed in division (B) of this section. If	3078
the evaluator concludes that the child's competency is impaired	3079
but that the child may be enabled to understand the nature and	3080
objectives of the proceeding against the child and to assist in	3081
the child's defense with reasonable accommodations, the report	3082
shall include recommendations for those reasonable accommodations	3083
that the court might make. If the evaluator concludes that the	3084
child's competency is so impaired that the child would not be able	3085
to understand the nature and objectives of the proceeding against	3086
the child and to assist in the child's defense, the report shall	3087
include an opinion as to the likelihood that the child could	3088
attain competency within the periods set forth in division (D)(2)	3089
of section 2152.59 of the Revised Code.	3090

(D) If the evaluator concludes that the child could likely	3091
attain competency within the periods set forth in division (D)(2)	3092
of section 2152.59 of the Revised Code, the competency assessment	3093
report shall include both of the following:	3094

(1) A recommendation as to the least restrictive setting for	3095
child competency attainment services that is consistent with the	3096
child's ability to attain competency and the safety of both the	3097
child and the community;	3098

(2) A list of the providers of child competency attainment	3099
services known to the evaluator that are located most closely to	3100
the child's current residence.	3101

(E) If the evaluator is unable, within the maximum allowable	3102
time for submission of a competency assessment report under	3103
division (A) of section 2152.57 of the Revised Code, to form an	3104
opinion regarding the extent to which the child's competency may	3105
be impaired by the child's failure to meet one or more of the	3106
criteria listed in division (B) of this section, the evaluator	3107
shall so state in the report. The evaluator shall also include	3108
recommendations for services to support the safety of the child or	3109
the community.	3110

Sec. 2152.57.  (A) An evaluator appointed by the court under	3111
section 2152.53 of the Revised Code shall submit a competency	3112
assessment report to the court as soon as possible but not more	3113
than forty-five calendar days after the order appointing the	3114
evaluator is issued. The court may grant one extension for a	3115
reasonable length of time if doing so would aid the evaluator in	3116
completing the evaluation.	3117

(B) No competency assessment report obtained independently by	3118
the child may be admitted into evidence unless it is submitted to	3119
the court within the time allowed for submission of a report by a	3120
court-appointed evaluator under division (A) of this section and	3121
meets all the criteria that apply to a court-ordered report.	3122

(C) The court shall provide a copy of each competency	3123
assessment report it receives to the prosecuting attorney, the	3124
child's attorney, and the child's parents, guardian, or custodian.	3125
Counsel shall not disseminate the report except as necessary to	3126
receive clarification of the contents of the report.	3127

(D) The expenses of obtaining an evaluation ordered by the	3128
court may not be recovered from the child or the child's parents	3129
or guardians. However, expenses associated with missed	3130
appointments may be assessed to the child's parents or guardians.	3131

(E)(1) Before a hearing is held under section 2152.58 of the	3132
Revised Code, any party may object to the contents of a competency	3133
assessment report and by motion request an additional evaluation.	3134
If the court determines that an additional evaluation is	3135
appropriate and grants the motion, the evaluator shall complete an	3136
additional evaluation as soon as possible but not more than	3137
forty-five calendar days after the order allowing the additional	3138
evaluation is issued. An additional evaluation shall meet all the	3139
criteria that apply to a court-ordered evaluation.	3140

(2) An additional evaluation allowed under division (E)(1) of	3141
this section shall be made at the moving party's expense unless	3142
the child is indigent. If the child is indigent, the county shall	3143
pay the costs of the additional evaluation. However, the county	3144
shall not be required to pay costs exceeding that which the county	3145
would normally pay for a competency evaluation conducted by a	3146
provider with which the court or county has contracted to conduct	3147
competency evaluations.	3148

Sec. 2152.58.  (A) Not less than fifteen nor more than thirty	3149
business days after receiving an evaluation under division (A) of	3150
section 2152.57 of the Revised Code or not less than fifteen nor	3151
more than thirty business days after receiving an additional	3152
evaluation under division (E) of that section, the court shall	3153
hold a hearing to determine the child's competency to participate	3154
in the proceeding.	3155

(B) At a hearing held under this section, a competency	3156
assessment report may be admitted into evidence by stipulation. If	3157
the court contacts the evaluator to obtain clarification of the	3158
report contents, the court shall promptly inform all parties and	3159
allow each party to participate in each contact.	3160

(C) In determining the competency of the child to participate	3161
in the proceeding, the court shall consider the content of all	3162
competency assessment reports admitted as evidence. The court may	3163
consider additional evidence, including the court's own	3164
observations of the child's conduct and demeanor in the courtroom.	3165

(D)(1) Except as otherwise provided in this division, the	3166
court shall make a written determination as to the child's	3167
competency or incompetency based on a preponderance of the	3168
evidence within fifteen business days after completion of the	3169
hearing. The court, by journal entry, may extend the period for	3170
making the determination for not more than fifteen additional	3171
days. If the court extends the period for making the	3172
determination, it shall make the written determination within the	3173
period as extended.	3174

(2) The court shall not find a child incompetent to proceed	3175
solely because the child is receiving or has received treatment as	3176
a voluntary or involuntary mentally ill patient under Chapter	3177
5122. of the Revised Code, is or has been institutionalized under	3178
Chapter 5123. of the Revised Code, or is receiving or has received	3179
psychotropic or other medication, even if the child might become	3180
incompetent to proceed without that medication.	3181

Sec. 2152.59.  (A) If after a hearing held pursuant to	3182
section 2152.58 of the Revised Code the court determines that a	3183
child is competent, the court shall proceed with the delinquent	3184
child's proceeding as provided by law. No statement that a child	3185
makes during an evaluation or hearing conducted under sections	3186
2152.51 through 2152.59 of the Revised Code shall be used against	3187
the child on the issue of responsibility or guilt in any child or	3188
adult proceeding.	3189

(B) If after a hearing held pursuant to section 2152.58 of	3190
the Revised Code the court determines that the child is not	3191
competent and cannot attain competency within the period of time	3192
applicable under division (D)(2) of this section, the court shall	3193
dismiss the charges without prejudice, except that the court may	3194
delay dismissal for up to ninety calendar days and do either of	3195
the following:	3196

(1) Refer the matter to a public children services agency and	3197
request that agency determine whether to file an action in	3198
accordance with section 2151.27 of the Revised Code alleging that	3199
the child is a dependent, neglected, or abused child;	3200

(2) Assign court staff to refer the child or the child's	3201
family to the local family and children first council or an agency	3202
funded by the department of mental health or department of	3203
developmental disabilities or otherwise secure services to reduce	3204
the potential that the child would engage in behavior that could	3205
result in delinquent child or other criminal charges.	3206

(C) If after a hearing held pursuant to section 2152.58 of	3207
the Revised Code the court determines that a child is not	3208
competent but could likely attain competency by participating in	3209
services specifically designed to help the child develop	3210
competency, the court may order the child to participate in	3211
services specifically designed to help the child develop	3212
competency at county expense. The court shall name a reliable	3213
provider to deliver the competency attainment services and shall	3214
order the child's parent, guardian, or custodian to contact that	3215
provider by a specified date to arrange for services.	3216

(D) The competency attainment services provided to a child	3217
shall be based on a competency attainment plan described in	3218
division (E)(2) of this section and approved by the court.	3219
Services are subject to the following conditions and time periods	3220
measured from the date the court approves the plan:	3221

(1) Services shall be provided in the least restrictive	3222
setting that is consistent with the child's ability to attain	3223
competency and the safety of both the child and the community. If	3224
the child has been released on temporary or interim orders and	3225
refuses or fails to cooperate with the service provider, the court	3226
may reassess the orders and amend them to require a more	3227
appropriate setting.	3228

(2) No child shall be required to participate in competency	3229
attainment services for longer than is required for the child to	3230
attain competency. The following maximum periods of participation	3231
apply:	3232

(a) If a child is ordered to participate in competency	3233
attainment services that are provided outside of a residential	3234
setting, the child shall not participate in those services for a	3235
period exceeding three months if the child is charged with an act	3236
that would be a misdemeanor if committed by an adult, six months	3237
if the child is charged with an act that would be a felony of the	3238
third, fourth, or fifth degree if committed by an adult, or one	3239
year if the child is charged with an act that would be a felony of	3240
the first or second degree, aggravated murder or murder if	3241
committed by an adult.	3242

(b) If a child is ordered to receive competency attainment	3243
services that are provided in a residential setting that is	3244
operated solely or in part for the purpose of providing competency	3245
attainment services, the child shall not participate in those	3246
services for a period exceeding forty-five calendar days if the	3247
child is charged with an act that would be a misdemeanor if	3248
committed by an adult, three months if the child is charged with	3249
an act that would be a felony of the third, fourth, or fifth	3250
degree if committed by an adult, six months if the child is	3251
charged with an act that would be a felony of the first or second	3252
degree if committed by an adult, or one year if the child is	3253
charged with an act that would be aggravated murder or murder if	3254
committed by an adult.	3255

(c) If a child is ordered into a residential, detention, or	3256
other secured setting for reasons other than to participate in	3257
competency attainment services and is also ordered to participate	3258
in competency attainment services concurrently, the child shall	3259
participate in the competency attainment services for not longer	3260
than the relevant period set forth in division (D)(2)(a) of this	3261
section.	3262

(d) If a child is ordered to participate in competency	3263
attainment services that require the child to live for some but	3264
not all of the duration of the services in a residential setting	3265
that is operated solely or in part for the purpose of providing	3266
competency attainment services, the child shall participate in the	3267
competency attainment services for not longer than the relevant	3268
period set forth in division (D)(2)(b) of this section. For the	3269
purpose of calculating a time period under division (D)(2)(d) of	3270
this section, two days of participation in a nonresidential	3271
setting shall equal one day of participation in a residential	3272
setting.	3273

(3) A child who receives competency attainment services in a	3274
residential setting that is operated solely or partly for the	3275
purpose of providing competency attainment services is in	3276
detention for purposes of section 2921.34 and division (B) of	3277
section 2152.18 of the Revised Code during the time that the child	3278
resides in the residential setting.	3279

(E)(1) Within ten business days after the court names the	3280
provider responsible for the child's competency attainment	3281
services under division (D) of this section, the court shall	3282
deliver to that provider a copy of each competency assessment	3283
report it has received for review. The provider shall return the	3284
copies of the reports to the court upon the termination of the	3285
services.	3286

(2) Not later than thirty calendar days after the child	3287
contacts the competency attainment services provider under	3288
division (C) of this section, the provider shall submit to the	3289
court a plan for the child to attain competency. The court shall	3290
provide copies of the plan to the prosecuting attorney, the	3291
child's attorney, the child's guardian ad litem, if any, and the	3292
child's parents, guardian, or custodian.	3293

(F) The provider that provides the child's competency	3294
attainment services pursuant to the competency attainment plan	3295
shall submit reports to the court on the following schedule:	3296

(1) A report on the child's progress every thirty calendar	3297
days and on the termination of services;	3298

(2) If the provider determines that the child is not	3299
cooperating to a degree that would allow the services to be	3300
effective to help the child attain competency, a report informing	3301
the court of the determination within three business days after	3302
making the determination;	3303

(3) If the provider determines that the current setting is no	3304
longer the least restrictive setting that is consistent with the	3305
child's ability to attain competency and the safety of both the	3306
child and the community, a report informing the court of the	3307
determination within three business days after making the	3308
determination;	3309

(4) If the provider determines that the child has achieved	3310
the goals of the plan and would be able to understand the nature	3311
and objectives of the proceeding against the child and to assist	3312
in the child's defense, with or without reasonable accommodations	3313
to meet the criteria set forth in division (B) of section 2152.56	3314
of the Revised Code, a report informing the court of that	3315
determination within three business days after making the	3316
determination. If the provider believes that accommodations would	3317
be necessary or desirable, the report shall include	3318
recommendations for accommodations.	3319

(5) If the provider determines that the child will not	3320
achieve the goals of the plan within the applicable period of time	3321
under division (D)(2) of this section, a report informing the	3322
court of the determination within three business days after making	3323
the determination. The report shall include recommendations for	3324
services for the child that would support the safety of the child	3325
or the community.	3326

(G) The court shall provide copies of any report made under	3327
division (F) of this section to the prosecuting attorney, the	3328
child's attorney, and the child's guardian ad litem, if any. The	3329
court shall provide copies of any report made under division (F)	3330
of this section to the child's parents, guardian, or custodian	3331
unless the court finds that doing so is not in the best interest	3332
of the child.	3333

(H)(1) Within fifteen business days after receiving a report	3334
under division (F) of this section, the court may hold a hearing	3335
to determine if a new order is necessary. To assist in making a	3336
determination under division (H) of this section, the court may	3337
order a new competency evaluation in accordance with section	3338
2152.53 of the Revised Code. Until a new order is issued or the	3339
required period of participation expires, the child shall continue	3340
to participate in competency attainment services.	3341

(2) If after a hearing held under division (H)(1) of this	3342
section the court determines that the child is not making progress	3343
toward competency or is so uncooperative that attainment services	3344
cannot be effective, the court may order a change in setting or	3345
services that would help the child attain competency within the	3346
relevant period of time under division (D)(2) of this section.	3347

(3) If after a hearing held under division (H)(1) of this	3348
section the court determines that the child has not or will not	3349
attain competency within the relevant period of time under	3350
division (D)(2) of this section, the court shall dismiss the	3351
delinquency complaint without prejudice, except that the court may	3352
delay dismissal for up to ninety calendar days and do either of	3353
the following:	3354

(a) Refer the matter to a public children services agency and	3355
request that agency determine whether to file an action in	3356
accordance with section 2151.27 of the Revised Code alleging that	3357
the child is a dependent, neglected, or abused child;	3358

(b) Assign court staff to refer the child or the child's	3359
family to the local family and children first council or an agency	3360
funded by the department of mental health or department of	3361
developmental disabilities or otherwise secure services to reduce	3362
the potential that the child would engage in behavior that could	3363
result in delinquency or other criminal charges.	3364

(4) A dismissal under division (H)(3) of this section does	3365
not preclude a future delinquent child proceeding or criminal	3366
prosecution as provided under section 2151.23 of the Revised Code	3367
if the child eventually attains competency.	3368

(5) If after a hearing held under division (H)(1) of this	3369
section the court determines that the child has attained	3370
competency, the court shall proceed with the delinquent child's	3371
proceeding in accordance with division (A) of this section.	3372

(6) A dismissal under this section does not bar a civil	3373
action based on the acts or omissions that formed the basis of the	3374
complaint.	3375

Sec. 2301.27.  (A)(1)(a) The court of common pleas may	3376
establish a county department of probation. The establishment of	3377
the department shall be entered upon the journal of the court, and	3378
the clerk of the court of common pleas shall certify a copy of the	3379
journal entry establishing the department to each elective officer	3380
and board of the county. The department shall consist of a chief	3381
probation officer and the number of other probation officers and	3382
employees, clerks, and stenographers that is fixed from time to	3383
time by the court. The court shall appoint those individuals, fix	3384
their salaries, and supervise their work. The	3385

(b) When appointing a chief probation officer, the court	3386
shall do all of the following:	3387

(i) Publicly advertise the position on the court's web site,	3388
including, but not limited to, the job description, qualifications	3389
for the position, and the application requirements;	3390

(ii) Conduct a competitive hiring process that adheres to	3391
state and federal equal employment opportunity laws;	3392

(iii) Review applicants who meet the posted qualifications	3393
and comply with the application requirements.	3394

(c) The court shall not appoint as a probation officer any	3395
person who does not possess the training, experience, and other	3396
qualifications prescribed by the adult parole authority created by	3397
section 5149.02 of the Revised Code. Probation officers have all	3398
the powers of regular police officers and shall perform any duties	3399
that are designated by the judge or judges of the court. All	3400
positions within the department of probation shall be in the	3401
classified service of the civil service of the county.	3402

(2) If two or more counties desire to jointly establish a	3403
probation department for those counties, the judges of the courts	3404
of common pleas of those counties may establish a probation	3405
department for those counties. If a probation department is	3406
established pursuant to division (A)(2) of this section to serve	3407
more than one county, the judges of the courts of common pleas	3408
that established the department shall designate the county	3409
treasurer of one of the counties served by the department as the	3410
treasurer to whom probation fees paid under section 2951.021 of	3411
the Revised Code are to be appropriated and transferred under	3412
division (A)(2) of section 321.44 of the Revised Code for deposit	3413
into the multicounty probation services fund established under	3414
division (B) of section 321.44 of the Revised Code.	3415

The cost of the administration and operation of a probation	3416
department established for two or more counties shall be prorated	3417
to the respective counties on the basis of population.	3418

(3) Probation officers shall receive, in addition to their	3419
respective salaries, their necessary and reasonable travel and	3420
other expenses incurred in the performance of their duties. Their	3421
salaries and expenses shall be paid monthly from the county	3422
treasury in the manner provided for the payment of the	3423
compensation of other appointees of the court.	3424

(4) Probation officers shall be trained in accordance with a	3425
set of minimum standards that are established by the adult parole	3426
authority of the department of rehabilitation and correction.	3427

(B)(1) In lieu of establishing a county department of	3428
probation under division (A) of this section and in lieu of	3429
entering into an agreement with the adult parole authority as	3430
described in division (B) of section 2301.32 of the Revised Code,	3431
the court of common pleas may request the board of county	3432
commissioners to contract with, and upon that request the board	3433
may contract with, any nonprofit, public or private agency,	3434
association, or organization for the provision of probation	3435
services and supervisory services for persons placed under	3436
community control sanctions. The contract shall specify that each	3437
individual providing the probation services and supervisory	3438
services shall possess the training, experience, and other	3439
qualifications prescribed by the adult parole authority. The	3440
individuals who provide the probation services and supervisory	3441
services shall not be included in the classified or unclassified	3442
civil service of the county.	3443

(2) In lieu of establishing a county department of probation	3444
under division (A) of this section and in lieu of entering into an	3445
agreement with the adult parole authority as described in division	3446
(B) of section 2301.32 of the Revised Code, the courts of common	3447
pleas of two or more adjoining counties jointly may request the	3448
boards of county commissioners of those counties to contract with,	3449
and upon that request the boards of county commissioners of two or	3450
more adjoining counties jointly may contract with, any nonprofit,	3451
public or private agency, association, or organization for the	3452
provision of probation services and supervisory services for	3453
persons placed under community control sanctions for those	3454
counties. The contract shall specify that each individual	3455
providing the probation services and supervisory services shall	3456
possess the training, experience, and other qualifications	3457
prescribed by the adult parole authority. The individuals who	3458
provide the probation services and supervisory services shall not	3459
be included in the classified or unclassified civil service of any	3460
of those counties.	3461

(C) The chief probation officer may grant permission to a	3462
probation officer to carry firearms when required in the discharge	3463
of official duties if the probation officer has successfully	3464
completed a basic firearm training program that is approved by the	3465
executive director of the Ohio peace officer training commission.	3466
A probation officer who has been granted permission to carry a	3467
firearm in the discharge of official duties, annually shall	3468
successfully complete a firearms requalification program in	3469
accordance with section 109.801 of the Revised Code.	3470

(D) As used in this section and sections 2301.28 to 2301.32	3471
of the Revised Code, "community control sanction" has the same	3472
meaning as in section 2929.01 of the Revised Code.	3473

Sec. 2301.271. (A) The adult parole authority of the	3474
department of rehabilitation and correction shall develop minimum	3475
standards for the training of probation officers as provided by	3476
section 2301.27 of the Revised Code. The adult parole authority	3477
shall consult and collaborate with the supreme court in developing	3478
the standards.	3479

(B) Within six months after the effective date of this	3480
section, the department of rehabilitation and correction shall	3481
make available a copy of the minimum standards to the following	3482
entities:	3483

(1) Every municipal court, county court, and court of common	3484
pleas;	3485

(2) Every probation department.

3486

Sec. 2301.30.  The court of common pleas of a county in which	3487
a county department of probation is established under division (A)	3488
of section 2301.27 of the Revised Code shall require the	3489
department, in the rules through which the supervision of the	3490
department is exercised or otherwise, to do all of the following:	3491

(A) Furnish to each person under a community control sanction	3492
or post-release control sanction or on parole under its	3493
supervision or in its custody, a written statement of the	3494
conditions of the community control sanction, post-release control	3495
sanction, or parole and instruct the person regarding the	3496
conditions;	3497

(B) Keep informed concerning the conduct and condition of	3498
each person in its custody or under its supervision by visiting,	3499
the requiring of reports, and otherwise;	3500

(C) Use all suitable methods, not inconsistent with the	3501
conditions of the community control sanction, post-release control	3502
sanction, or parole, to aid and encourage the persons under its	3503
supervision or in its custody and to bring about improvement in	3504
their conduct and condition;	3505

(D) Establish policies regarding the supervision of	3506
probationers that shall include, but not be limited to, all of the	3507
following:	3508

(1) The minimum number of supervision contacts required for	3509
probationers, based on each probationer's risk to reoffend as	3510
determined by the single validated risk assessment tool selected	3511
by the department of rehabilitation and correction under section	3512
5120.114 of the Revised Code, under which higher risk probationers	3513
receive the greatest amount of supervision;	3514

(2) A graduated response policy to govern which types of	3515
violations a probation officer may respond to administratively and	3516
which type require a violation hearing by the court.	3517

(E) Keep detailed records of the work of the department, keep	3518
accurate and complete accounts of all moneys collected from	3519
persons under its supervision or in its custody, and keep or give	3520
receipts for those moneys;	3521

(E)(F) Make reports to the adult parole authority created by	3522
section 5149.02 of the Revised Code that it requires.	3523

Sec. 2743.51.  As used in sections 2743.51 to 2743.72 of the	3524
Revised Code:	3525

(A) "Claimant" means both of the following categories of	3526
persons:	3527

(1) Any of the following persons who claim an award of	3528
reparations under sections 2743.51 to 2743.72 of the Revised Code:	3529

(a) A victim who was one of the following at the time of the	3530
criminally injurious conduct:	3531

(i) A resident of the United States;

3532

(ii) A resident of a foreign country the laws of which permit	3533
residents of this state to recover compensation as victims of	3534
offenses committed in that country.	3535

(b) A dependent of a deceased victim who is described in	3536
division (A)(1)(a) of this section;	3537

(c) A third person, other than a collateral source, who	3538
legally assumes or voluntarily pays the obligations of a victim,	3539
or of a dependent of a victim, who is described in division	3540
(A)(1)(a) of this section, which obligations are incurred as a	3541
result of the criminally injurious conduct that is the subject of	3542
the claim and may include, but are not limited to, medical or	3543
burial expenses;	3544

(d) A person who is authorized to act on behalf of any person	3545
who is described in division (A)(1)(a), (b), or (c) of this	3546
section;	3547

(e) The estate of a deceased victim who is described in	3548
division (A)(1)(a) of this section.	3549

(2) Any of the following persons who claim an award of	3550
reparations under sections 2743.51 to 2743.72 of the Revised Code:	3551

(a) A victim who had a permanent place of residence within	3552
this state at the time of the criminally injurious conduct and	3553
who, at the time of the criminally injurious conduct, complied	3554
with any one of the following:	3555

(i) Had a permanent place of employment in this state;

3556

(ii) Was a member of the regular armed forces of the United	3557
States or of the United States coast guard or was a full-time	3558
member of the Ohio organized militia or of the United States army	3559
reserve, naval reserve, or air force reserve;	3560

(iii) Was retired and receiving social security or any other	3561
retirement income;	3562

(iv) Was sixty years of age or older;

3563

(v) Was temporarily in another state for the purpose of	3564
receiving medical treatment;	3565

(vi) Was temporarily in another state for the purpose of	3566
performing employment-related duties required by an employer	3567
located within this state as an express condition of employment or	3568
employee benefits;	3569

(vii) Was temporarily in another state for the purpose of	3570
receiving occupational, vocational, or other job-related training	3571
or instruction required by an employer located within this state	3572
as an express condition of employment or employee benefits;	3573

(viii) Was a full-time student at an academic institution,	3574
college, or university located in another state;	3575

(ix) Had not departed the geographical boundaries of this	3576
state for a period exceeding thirty days or with the intention of	3577
becoming a citizen of another state or establishing a permanent	3578
place of residence in another state.	3579

(b) A dependent of a deceased victim who is described in	3580
division (A)(2)(a) of this section;	3581

(c) A third person, other than a collateral source, who	3582
legally assumes or voluntarily pays the obligations of a victim,	3583
or of a dependent of a victim, who is described in division	3584
(A)(2)(a) of this section, which obligations are incurred as a	3585
result of the criminally injurious conduct that is the subject of	3586
the claim and may include, but are not limited to, medical or	3587
burial expenses;	3588

(d) A person who is authorized to act on behalf of any person	3589
who is described in division (A)(2)(a), (b), or (c) of this	3590
section;	3591

(e) The estate of a deceased victim who is described in	3592
division (A)(2)(a) of this section.	3593

(B) "Collateral source" means a source of benefits or	3594
advantages for economic loss otherwise reparable that the victim	3595
or claimant has received, or that is readily available to the	3596
victim or claimant, from any of the following sources:	3597

(1) The offender;

3598

(2) The government of the United States or any of its	3599
agencies, a state or any of its political subdivisions, or an	3600
instrumentality of two or more states, unless the law providing	3601
for the benefits or advantages makes them excess or secondary to	3602
benefits under sections 2743.51 to 2743.72 of the Revised Code;	3603

(3) Social security, medicare, and medicaid;

3604

(4) State-required, temporary, nonoccupational disability	3605
insurance;	3606

(5) Workers' compensation;

3607

(6) Wage continuation programs of any employer;

3608

(7) Proceeds of a contract of insurance payable to the victim	3609
for loss that the victim sustained because of the criminally	3610
injurious conduct;	3611

(8) A contract providing prepaid hospital and other health	3612
care services, or benefits for disability;	3613

(9) That portion of the proceeds of all contracts of	3614
insurance payable to the claimant on account of the death of the	3615
victim that exceeds fifty thousand dollars;	3616

(10) Any compensation recovered or recoverable under the laws	3617
of another state, district, territory, or foreign country because	3618
the victim was the victim of an offense committed in that state,	3619
district, territory, or country.	3620

"Collateral source" does not include any money, or the	3621
monetary value of any property, that is subject to sections	3622
2969.01 to 2969.06 of the Revised Code or that is received as a	3623
benefit from the Ohio public safety officers death benefit fund	3624
created by section 742.62 of the Revised Code.	3625

(C) "Criminally injurious conduct" means one of the	3626
following:	3627

(1) For the purposes of any person described in division	3628
(A)(1) of this section, any conduct that occurs or is attempted in	3629
this state; poses a substantial threat of personal injury or	3630
death; and is punishable by fine, imprisonment, or death, or would	3631
be so punishable but for the fact that the person engaging in the	3632
conduct lacked capacity to commit the crime under the laws of this	3633
state. Criminally injurious conduct does not include conduct	3634
arising out of the ownership, maintenance, or use of a motor	3635
vehicle, except when any of the following applies:	3636

(a) The person engaging in the conduct intended to cause	3637
personal injury or death;	3638

(b) The person engaging in the conduct was using the vehicle	3639
to flee immediately after committing a felony or an act that would	3640
constitute a felony but for the fact that the person engaging in	3641
the conduct lacked the capacity to commit the felony under the	3642
laws of this state;	3643

(c) The person engaging in the conduct was using the vehicle	3644
in a manner that constitutes an OVI violation;	3645

(d) The conduct occurred on or after July 25, 1990, and the	3646
person engaging in the conduct was using the vehicle in a manner	3647
that constitutes a violation of section 2903.08 of the Revised	3648
Code;	3649

(e) The person engaging in the conduct acted in a manner that	3650
caused serious physical harm to a person and that constituted a	3651
violation of section 4549.02 or 4549.021 of the Revised Code.	3652

(2) For the purposes of any person described in division	3653
(A)(2) of this section, any conduct that occurs or is attempted in	3654
another state, district, territory, or foreign country; poses a	3655
substantial threat of personal injury or death; and is punishable	3656
by fine, imprisonment, or death, or would be so punishable but for	3657
the fact that the person engaging in the conduct lacked capacity	3658
to commit the crime under the laws of the state, district,	3659
territory, or foreign country in which the conduct occurred or was	3660
attempted. Criminally injurious conduct does not include conduct	3661
arising out of the ownership, maintenance, or use of a motor	3662
vehicle, except when any of the following applies:	3663

(a) The person engaging in the conduct intended to cause	3664
personal injury or death;	3665

(b) The person engaging in the conduct was using the vehicle	3666
to flee immediately after committing a felony or an act that would	3667
constitute a felony but for the fact that the person engaging in	3668
the conduct lacked the capacity to commit the felony under the	3669
laws of the state, district, territory, or foreign country in	3670
which the conduct occurred or was attempted;	3671

(c) The person engaging in the conduct was using the vehicle	3672
in a manner that constitutes an OVI violation;	3673

(d) The conduct occurred on or after July 25, 1990, the	3674
person engaging in the conduct was using the vehicle in a manner	3675
that constitutes a violation of any law of the state, district,	3676
territory, or foreign country in which the conduct occurred, and	3677
that law is substantially similar to a violation of section	3678
2903.08 of the Revised Code;	3679

(e) The person engaging in the conduct acted in a manner that	3680
caused serious physical harm to a person and that constituted a	3681
violation of any law of the state, district, territory, or foreign	3682
country in which the conduct occurred, and that law is	3683
substantially similar to section 4549.02 or 4549.021 of the	3684
Revised Code.	3685

(3) For the purposes of any person described in division	3686
(A)(1) or (2) of this section, terrorism that occurs within or	3687
outside the territorial jurisdiction of the United States.	3688

(D) "Dependent" means an individual wholly or partially	3689
dependent upon the victim for care and support, and includes a	3690
child of the victim born after the victim's death.	3691

(E) "Economic loss" means economic detriment consisting only	3692
of allowable expense, work loss, funeral expense, unemployment	3693
benefits loss, replacement services loss, cost of crime scene	3694
cleanup, and cost of evidence replacement. If criminally injurious	3695
conduct causes death, economic loss includes a dependent's	3696
economic loss and a dependent's replacement services loss.	3697
Noneconomic detriment is not economic loss; however, economic loss	3698
may be caused by pain and suffering or physical impairment.	3699

(F)(1) "Allowable expense" means reasonable charges incurred	3700
for reasonably needed products, services, and accommodations,	3701
including those for medical care, rehabilitation, rehabilitative	3702
occupational training, and other remedial treatment and care and	3703
including replacement costs for hearing aids; dentures, retainers,	3704
and other dental appliances; canes, walkers, and other mobility	3705
tools; and eyeglasses and other corrective lenses. It does not	3706
include that portion of a charge for a room in a hospital, clinic,	3707
convalescent home, nursing home, or any other institution engaged	3708
in providing nursing care and related services in excess of a	3709
reasonable and customary charge for semiprivate accommodations,	3710
unless accommodations other than semiprivate accommodations are	3711
medically required.	3712

(2) An immediate family member of a victim of criminally	3713
injurious conduct that consists of a homicide, a sexual assault,	3714
domestic violence, or a severe and permanent incapacitating injury	3715
resulting in paraplegia or a similar life-altering condition, who	3716
requires psychiatric care or counseling as a result of the	3717
criminally injurious conduct, may be reimbursed for that care or	3718
counseling as an allowable expense through the victim's	3719
application. The cumulative allowable expense for care or	3720
counseling of that nature shall not exceed two thousand five	3721
hundred dollars for each immediate family member of a victim of	3722
that type and seven thousand five hundred dollars in the aggregate	3723
for all immediate family members of a victim of that type.	3724

(3) A family member of a victim who died as a proximate	3725
result of criminally injurious conduct may be reimbursed as an	3726
allowable expense through the victim's application for wages lost	3727
and travel expenses incurred in order to attend criminal justice	3728
proceedings arising from the criminally injurious conduct. The	3729
cumulative allowable expense for wages lost and travel expenses	3730
incurred by a family member to attend criminal justice proceedings	3731
shall not exceed five hundred dollars for each family member of	3732
the victim and two thousand dollars in the aggregate for all	3733
family members of the victim.	3734

(4)(a) "Allowable expense" includes reasonable expenses and	3735
fees necessary to obtain a guardian's bond pursuant to section	3736
2109.04 of the Revised Code when the bond is required to pay an	3737
award to a fiduciary on behalf of a minor or other incompetent.	3738

(b) "Allowable expense" includes attorney's fees not	3739
exceeding one thousand three hundred twenty dollars, at a rate not	3740
exceeding sixtyone hundred dollars per hour, incurred to	3741
successfully obtain a restraining order, custody order, or other	3742
order to physically separate a victim from an offender, if the	3743
attorney has not received payment under section 2743.65 of the	3744
Revised Code for assisting a claimant with an application for an	3745
award of reparations under sections 2743.51 to 2743.72 of the	3746
Revised Code and provided that, except as otherwise provided in	3747
this division, the attorney or the attorney's law firm may only	3748
receive attorney's fees as an allowable expense for the services	3749
described in this division in an amount that does not exceed a	3750
cumulative total of thirty thousand dollars in any calendar year.	3751
The thirty thousand-dollar maximum specified in this division does	3752
not apply to an attorney who is an employee of a legal aid society	3753
regarding the services described in this division that the	3754
attorney performs while so employed and does not apply to a legal	3755
aid society. Attorney's fees for the services described in this	3756
division may include an amount for reasonable travel time incurred	3757
while performing those servicesto attend court hearings, not	3758
exceeding three hours round-trip for each court hearing, assessed	3759
at a rate not exceeding thirty dollars per hour.	3760

(G) "Work loss" means loss of income from work that the	3761
injured person would have performed if the person had not been	3762
injured and expenses reasonably incurred by the person to obtain	3763
services in lieu of those the person would have performed for	3764
income, reduced by any income from substitute work actually	3765
performed by the person, or by income the person would have earned	3766
in available appropriate substitute work that the person was	3767
capable of performing but unreasonably failed to undertake.	3768

(H) "Replacement services loss" means expenses reasonably	3769
incurred in obtaining ordinary and necessary services in lieu of	3770
those the injured person would have performed, not for income, but	3771
for the benefit of the person's self or family, if the person had	3772
not been injured.	3773

(I) "Dependent's economic loss" means loss after a victim's	3774
death of contributions of things of economic value to the victim's	3775
dependents, not including services they would have received from	3776
the victim if the victim had not suffered the fatal injury, less	3777
expenses of the dependents avoided by reason of the victim's	3778
death. If a minor child of a victim is adopted after the victim's	3779
death, the minor child continues after the adoption to incur a	3780
dependent's economic loss as a result of the victim's death. If	3781
the surviving spouse of a victim remarries, the surviving spouse	3782
continues after the remarriage to incur a dependent's economic	3783
loss as a result of the victim's death.	3784

(J) "Dependent's replacement services loss" means loss	3785
reasonably incurred by dependents after a victim's death in	3786
obtaining ordinary and necessary services in lieu of those the	3787
victim would have performed for their benefit if the victim had	3788
not suffered the fatal injury, less expenses of the dependents	3789
avoided by reason of the victim's death and not subtracted in	3790
calculating the dependent's economic loss. If a minor child of a	3791
victim is adopted after the victim's death, the minor child	3792
continues after the adoption to incur a dependent's replacement	3793
services loss as a result of the victim's death. If the surviving	3794
spouse of a victim remarries, the surviving spouse continues after	3795
the remarriage to incur a dependent's replacement services loss as	3796
a result of the victim's death.	3797

(K) "Noneconomic detriment" means pain, suffering,	3798
inconvenience, physical impairment, or other nonpecuniary damage.	3799

(L) "Victim" means a person who suffers personal injury or	3800
death as a result of any of the following:	3801

(1) Criminally injurious conduct;

3802

(2) The good faith effort of any person to prevent criminally	3803
injurious conduct;	3804

(3) The good faith effort of any person to apprehend a person	3805
suspected of engaging in criminally injurious conduct.	3806

(M) "Contributory misconduct" means any conduct of the	3807
claimant or of the victim through whom the claimant claims an	3808
award of reparations that is unlawful or intentionally tortious	3809
and that, without regard to the conduct's proximity in time or	3810
space to the criminally injurious conduct, has a causal	3811
relationship to the criminally injurious conduct that is the basis	3812
of the claim.	3813

(N)(1) "Funeral expense" means any reasonable charges that	3814
are not in excess of seven thousand five hundred dollars per	3815
funeral and that are incurred for expenses directly related to a	3816
victim's funeral, cremation, or burial and any wages lost or	3817
travel expenses incurred by a family member of a victim in order	3818
to attend the victim's funeral, cremation, or burial.	3819

(2) An award for funeral expenses shall be applied first to	3820
expenses directly related to the victim's funeral, cremation, or	3821
burial. An award for wages lost or travel expenses incurred by a	3822
family member of the victim shall not exceed five hundred dollars	3823
for each family member and shall not exceed in the aggregate the	3824
difference between seven thousand five hundred dollars and	3825
expenses that are reimbursed by the program and that are directly	3826
related to the victim's funeral, cremation, or burial.	3827

(O) "Unemployment benefits loss" means a loss of unemployment	3828
benefits pursuant to Chapter 4141. of the Revised Code when the	3829
loss arises solely from the inability of a victim to meet the able	3830
to work, available for suitable work, or the actively seeking	3831
suitable work requirements of division (A)(4)(a) of section	3832
4141.29 of the Revised Code.	3833

(P) "OVI violation" means any of the following:

3834

(1) A violation of section 4511.19 of the Revised Code, of	3835
any municipal ordinance prohibiting the operation of a vehicle	3836
while under the influence of alcohol, a drug of abuse, or a	3837
combination of them, or of any municipal ordinance prohibiting the	3838
operation of a vehicle with a prohibited concentration of alcohol,	3839
a controlled substance, or a metabolite of a controlled substance	3840
in the whole blood, blood serum or plasma, breath, or urine;	3841

(2) A violation of division (A)(1) of section 2903.06 of the	3842
Revised Code;	3843

(3) A violation of division (A)(2), (3), or (4) of section	3844
2903.06 of the Revised Code or of a municipal ordinance	3845
substantially similar to any of those divisions, if the offender	3846
was under the influence of alcohol, a drug of abuse, or a	3847
combination of them, at the time of the commission of the offense;	3848

(4) For purposes of any person described in division (A)(2)	3849
of this section, a violation of any law of the state, district,	3850
territory, or foreign country in which the criminally injurious	3851
conduct occurred, if that law is substantially similar to a	3852
violation described in division (P)(1) or (2) of this section or	3853
if that law is substantially similar to a violation described in	3854
division (P)(3) of this section and the offender was under the	3855
influence of alcohol, a drug of abuse, or a combination of them,	3856
at the time of the commission of the offense.	3857

(Q) "Pendency of the claim" for an original reparations	3858
application or supplemental reparations application means the	3859
period of time from the date the criminally injurious conduct upon	3860
which the application is based occurred until the date a final	3861
decision, order, or judgment concerning that original reparations	3862
application or supplemental reparations application is issued.	3863

(R) "Terrorism" means any activity to which all of the	3864
following apply:	3865

(1) The activity involves a violent act or an act that is	3866
dangerous to human life.	3867

(2) The act described in division (R)(1) of this section is	3868
committed within the territorial jurisdiction of the United States	3869
and is a violation of the criminal laws of the United States, this	3870
state, or any other state or the act described in division (R)(1)	3871
of this section is committed outside the territorial jurisdiction	3872
of the United States and would be a violation of the criminal laws	3873
of the United States, this state, or any other state if committed	3874
within the territorial jurisdiction of the United States.	3875

(3) The activity appears to be intended to do any of the	3876
following:	3877

(a) Intimidate or coerce a civilian population;

3878

(b) Influence the policy of any government by intimidation or	3879
coercion;	3880

(c) Affect the conduct of any government by assassination or	3881
kidnapping.	3882

(4) The activity occurs primarily outside the territorial	3883
jurisdiction of the United States or transcends the national	3884
boundaries of the United States in terms of the means by which the	3885
activity is accomplished, the person or persons that the activity	3886
appears intended to intimidate or coerce, or the area or locale in	3887
which the perpetrator or perpetrators of the activity operate or	3888
seek asylum.	3889

(S) "Transcends the national boundaries of the United States"	3890
means occurring outside the territorial jurisdiction of the United	3891
States in addition to occurring within the territorial	3892
jurisdiction of the United States.	3893

(T) "Cost of crime scene cleanup" means reasonableany of the	3894
following:	3895

(1) The replacement cost for items of clothing removed from a	3896
victim in order to make an assessment of possible physical harm or	3897
to treat physical harm;	3898

(2) Reasonable and necessary costs of cleaning the scene and	3899
repairing, for the purpose of personal security, property damaged	3900
at the scene where the criminally injurious conduct occurred, not	3901
to exceed seven hundred fifty dollars in the aggregate per claim.	3902

(U) "Cost of evidence replacement" means costs for	3903
replacement of property confiscated for evidentiary purposes	3904
related to the criminally injurious conduct, not to exceed seven	3905
hundred fifty dollars in the aggregate per claim.	3906

(V) "Provider" means any person who provides a victim or	3907
claimant with a product, service, or accommodations that are an	3908
allowable expense or a funeral expense.	3909

(W) "Immediate family member" means an individual who resided	3910
in the same permanent household as a victim at the time of the	3911
criminally injurious conduct and who is related to the victim by	3912
affinity or consanguinity.	3913

(X) "Family member" means an individual who is related to a	3914
victim by affinity or consanguinity.	3915

Sec. 2743.56.  (A) A claim for an award of reparations shall	3916
be commenced by filing an application for an award of reparations	3917
with the attorney general. The application may be filed by mail.	3918
If the application is filed by mail, the post-marked date of the	3919
application shall be considered the filing date of the	3920
application. The application shall be in a form prescribed by the	3921
attorney general and shall include a release authorizing the	3922
attorney general and the court of claims to obtain any report,	3923
document, or information that relates to the determination of the	3924
claim for an award of reparations that is requested in the	3925
application.	3926

(B) All applications for an award of reparations shall be	3927
filed as follows:	3928

(1) If the victim of the criminally injurious conduct was a	3929
minor, within two years of the victim's eighteenth birthday or	3930
within two years from the date a complaint, indictment, or	3931
information is filed against the alleged offender, whichever is	3932
later. This division does not require that a complaint,	3933
indictment, or information be filed against an alleged offender in	3934
order for an application for an award of reparations to be filed	3935
pertaining to a victim who was a minor if the application is filed	3936
within two years of the victim's eighteenth birthday, and does not	3937
affect the provisions of section 2743.64 of the Revised Code.	3938

(2) If the victim of the criminally injurious conduct was an	3939
adult, within two yearsat any time after the occurrence of the	3940
criminally injurious conduct.	3941

(3) If the criminally injurious conduct occurred on or after	3942
July 1, 2000, in the manner described in division (C)(1)(e) or	3943
(2)(e) of section 2743.51 of the Revised Code, within the period	3944
set forth in division (B)(1) or (2) of this section, as	3945
applicable, or within two years after the effective date of this	3946
amendment, whichever is later.	3947

Sec. 2743.59.  (A) The attorney general shall fully	3948
investigate a claim for an award of reparations, regardless of	3949
whether any person is prosecuted for or convicted of committing	3950
the criminally injurious conduct alleged in the application. After	3951
completing the investigation, the attorney general shall make a	3952
written finding of fact and decision concerning an award of	3953
reparations.	3954

(B)(1) The attorney general may require the claimant to	3955
supplement the application for an award of reparations with any	3956
further information or documentary materials, including any	3957
medical report readily available, that may lead to any relevant	3958
facts in the determination of whether, and the extent to which, a	3959
claimant qualifies for an award of reparations. The attorney	3960
general may depose any witness, including the claimant, pursuant	3961
to Civil Rules 28, 30, and 45.	3962

(2)(a) For the purpose of determining whether, and the extent	3963
to which, a claimant qualifies for an award of reparations, the	3964
attorney general may issue subpoenas and subpoenas duces tecum to	3965
compel any person or entity, including any collateral source, that	3966
provided, will provide, or would have provided to the victim any	3967
income, benefit, advantage, product, service, or accommodation,	3968
including any medical care or other income, benefit, advantage,	3969
product, service, or accommodation that might qualify as an	3970
allowable expense or a funeral expense, to produce materials to	3971
the attorney general that are relevant to the income, benefit,	3972
advantage, product, service, or accommodation that was, will be,	3973
or would have been so provided and to the attorney general's	3974
determination.	3975

(b) If the attorney general issues a subpoena or subpoena	3976
duces tecum under division (B)(2)(a) of this section and if the	3977
materials that the attorney general requires to be produced are	3978
located outside this state, the attorney general may designate one	3979
or more representatives, including officials of the state in which	3980
the materials are located, to inspect the materials on the	3981
attorney general's behalf, and the attorney general may respond to	3982
similar requests from officials of other states. The person or	3983
entity subpoenaed may make the materials available to the attorney	3984
general at a convenient location within the state.	3985

(c) At any time before the return day specified in the	3986
subpoena or subpoena duces tecum issued under division (B)(2)(a)	3987
of this section or within twenty days after the subpoena or	3988
subpoena duces tecum has been served, whichever period is shorter,	3989
the person or entity subpoenaed may file with a judge of the court	3990
of claims a petition to extend the return day or to modify or	3991
quash the subpoena or subpoena duces tecum. The petition shall	3992
state good cause.	3993

(d) A person or entity who is subpoenaed under division	3994
(B)(2)(a) of this section shall comply with the terms of the	3995
subpoena or subpoena duces tecum unless otherwise provided by an	3996
order of a judge of the court of claims entered prior to the day	3997
for return contained in the subpoena or as extended by the court.	3998
If a person or entity fails without lawful excuse to obey a	3999
subpoena or subpoena duces tecum issued under division (B)(2)(a)	4000
of this section or to produce relevant materials, the attorney	4001
general may apply to a judge of the court of claims for and obtain	4002
an order adjudging the person or entity in contempt of court.	4003

(C) The finding of fact and decision that is issued by the	4004
attorney general pursuant to division (A) of this section shall	4005
contain all of the following:	4006

(1) Whether the criminally injurious conduct that is the	4007
basis for the application did occur, the date on which the conduct	4008
occurred, and the exact nature of the conduct;	4009

(2) Whether the criminally injurious conduct was reported to	4010
a law enforcement officer or agency, the date on which the conduct	4011
was reported, the name of the person who reported the conduct, and	4012
the reasons why the conduct was not reported to a law enforcement	4013
officer or agency or was not reported to a law enforcement officer	4014
or agency within seventy-two hours after the conduct occurred;	4015

(3) The exact nature of the injuries that the victim	4016
sustained as a result of the criminally injurious conduct;	4017

(4) A specific list of the economic loss that was sustained	4018
as a result of the criminally injurious conduct by the victim, the	4019
claimant, or a dependent;	4020

(5) A specific list of any benefits or advantages that the	4021
victim, the claimant, or a dependent has received or is entitled	4022
to receive from any collateral source for economic loss that	4023
resulted from the conduct and whether a collateral source would	4024
have reimbursed the claimant for a particular expense if a timely	4025
claim had been made, and the extent to which the expenses likely	4026
would have been reimbursed by the collateral source;	4027

(6) A description of any evidence in support of contributory	4028
misconduct by the claimant or by the victim through whom the	4029
claimant claims an award of reparations, whether the victim has	4030
been convicted of a felony or has a record of felony arrests under	4031
the laws of this state, another state, or the United States,	4032
whether disqualifying conditions exist under division (E) of	4033
section 2743.60 of the Revised Code, and whether there is evidence	4034
that the victim engaged in an ongoing course of criminal conduct	4035
within five years or less of the criminally injurious conduct that	4036
is the subject of the claim;	4037

(7) Whether the victim of the criminally injurious conduct	4038
was a minor;	4039

(8) If the victim of the criminally injurious conduct was a	4040
minor, whether a complaint, indictment, or information was filed	4041
against the alleged offender and, if such a filing occurred, its	4042
date;	4043

(9) Any information that is relevant to the claim for an	4044
award of reparations.	4045

(D) The decision that is issued by the attorney general	4046
pursuant to division (A) of this section shall contain all of the	4047
following:	4048

(1) A statement as to whether a claimant is eligible for an	4049
award of reparations, whether payments made pursuant to the award	4050
are to be made to the claimant, to a provider, or jointly to the	4051
claimant and a provider, and the amount of the payments to the	4052
claimant or provider;	4053

(2) A statement as to whether any of the payments made	4054
pursuant to the award should be paid in a lump sum or in	4055
installments;	4056

(3) If the attorney general decides that an award not be made	4057
to the claimant, the reasons for that decision.	4058

(E) The attorney general shall make a written finding of fact	4059
and decision in accordance with sections 2743.51 to 2743.72 of the	4060
Revised Code within one hundred twenty days after receiving the	4061
claim application. The attorney general may extend the	4062
one-hundred-twenty-day time limit and shall record in writing	4063
specific reasons to justify the extension. The attorney general	4064
shall notify the claimant of the extension and of the reasons for	4065
the extension. The attorney general shall serve a copy of its	4066
written finding of fact and decision upon the claimant.	4067

Sec. 2743.60.  (A) The attorney general, a court of claims	4068
panel of commissioners, or a judge of the court of claims shall	4069
not make or order an award of reparations to any claimant who, if	4070
the victim of the criminally injurious conduct was an adult, did	4071
not file an application for an award of reparations within two	4072
years after the date of the occurrence of the criminally injurious	4073
conduct that caused the injury or death for which the victim is	4074
seeking an award of reparations or who, if the victim of that	4075
criminally injurious conduct was a minor, did not file an	4076
application for an award of reparations within the period provided	4077
by division (B)(1) of section 2743.56 of the Revised Code. An	4078
award of reparations shall not be made to a claimant if the	4079
criminally injurious conduct upon which the claimant bases a claim	4080
never was not reported to a law enforcement officer or agency	4081
within seventy-two hours after the occurrence of the conduct,	4082
unless it is determined that good cause existed for the failure to	4083
report the conduct within the seventy-two-hour period.	4084

(B)(1) The attorney general, a panel of commissioners, or a	4085
judge of the court of claims shall not make or order an award of	4086
reparations to a claimant if any of the following apply:	4087

(a) The claimant is the offender or an accomplice of the	4088
offender who committed the criminally injurious conduct, or the	4089
award would unjustly benefit the offender or accomplice.	4090

(b) Except as provided in division (B)(2) of this section,	4091
both of the following apply:	4092

(i) The victim was a passenger in a motor vehicle and knew or	4093
reasonably should have known that the driver was under the	4094
influence of alcohol, a drug of abuse, or both.	4095

(ii) The claimant is seeking compensation for injuries	4096
proximately caused by the driver described in division	4097
(B)(1)(b)(i) of this section being under the influence of alcohol,	4098
a drug of abuse, or both.	4099

(c) Both of the following apply:

4100

(i) The victim was under the influence of alcohol, a drug of	4101
abuse, or both and was a passenger in a motor vehicle and, if	4102
sober, should have reasonably known that the driver was under the	4103
influence of alcohol, a drug of abuse, or both.	4104

(ii) The claimant is seeking compensation for injuries	4105
proximately caused by the driver described in division	4106
(B)(1)(b)(i) of this section being under the influence of alcohol,	4107
a drug of abuse, or both.	4108

(2) Division (B)(1)(b) of this section does not apply if on	4109
the date of the occurrence of the criminally injurious conduct,	4110
the victim was under sixteen years of age or was at least sixteen	4111
years of age but less than eighteen years of age and was riding	4112
with a parent, guardian, or care-provider.	4113

(C) The attorney general, a panel of commissioners, or a	4114
judge of the court of claims, upon a finding that the claimant or	4115
victim has not fully cooperated with appropriate law enforcement	4116
agencies, may deny a claim or reconsider and reduce an award of	4117
reparations.	4118

(D) The attorney general, a panel of commissioners, or a	4119
judge of the court of claims shall reduce an award of reparations	4120
or deny a claim for an award of reparations that is otherwise	4121
payable to a claimant to the extent that the economic loss upon	4122
which the claim is based is recouped from other persons, including	4123
collateral sources. If an award is reduced or a claim is denied	4124
because of the expected recoupment of all or part of the economic	4125
loss of the claimant from a collateral source, the amount of the	4126
award or the denial of the claim shall be conditioned upon the	4127
claimant's economic loss being recouped by the collateral source.	4128
If the award or denial is conditioned upon the recoupment of the	4129
claimant's economic loss from a collateral source and it is	4130
determined that the claimant did not unreasonably fail to present	4131
a timely claim to the collateral source and will not receive all	4132
or part of the expected recoupment, the claim may be reopened and	4133
an award may be made in an amount equal to the amount of expected	4134
recoupment that it is determined the claimant will not receive	4135
from the collateral source.	4136

If the claimant recoups all or part of the economic loss upon	4137
which the claim is based from any other person or entity,	4138
including a collateral source, the attorney general may recover	4139
pursuant to section 2743.72 of the Revised Code the part of the	4140
award that represents the economic loss for which the claimant	4141
received the recoupment from the other person or entity.	4142

(E)(1) Except as otherwise provided in division (E)(2) of	4143
this section, the attorney general, a panel of commissioners, or a	4144
judge of the court of claims shall not make an award to a claimant	4145
if any of the following applies:	4146

(a) The victim was convicted of a felony within ten years	4147
prior to the criminally injurious conduct that gave rise to the	4148
claim or is convicted of a felony during the pendency of the	4149
claim.	4150

(b) The claimant was convicted of a felony within ten years	4151
prior to the criminally injurious conduct that gave rise to the	4152
claim or is convicted of a felony during the pendency of the	4153
claim.	4154

(c) It is proved by a preponderance of the evidence that the	4155
victim or the claimant engaged, within ten years prior to the	4156
criminally injurious conduct that gave rise to the claim or during	4157
the pendency of the claim, in an offense of violence, a violation	4158
of section 2925.03 of the Revised Code, or any substantially	4159
similar offense that also would constitute a felony under the laws	4160
of this state, another state, or the United States.	4161

(d) The claimant was convicted of a violation of section	4162
2919.22 or 2919.25 of the Revised Code, or of any state law or	4163
municipal ordinance substantially similar to either section,	4164
within ten years prior to the criminally injurious conduct that	4165
gave rise to the claim or during the pendency of the claim.	4166

(e) It is proved by a preponderance of the evidence that the	4167
victim at the time of the criminally injurious conduct that gave	4168
rise to the claim engaged in conduct that was a felony violation	4169
of section 2925.11 of the Revised Code or engaged in any	4170
substantially similar conduct that would constitute a felony under	4171
the laws of this state, another state, or the United States.	4172

(2) The attorney general, a panel of commissioners, or a	4173
judge of the court of claims may make an award to a minor	4174
dependent of a deceased victim for dependent's economic loss or	4175
for counseling pursuant to division (F)(2) of section 2743.51 of	4176
the Revised Code if the minor dependent is not ineligible under	4177
division (E)(1) of this section due to the minor dependent's	4178
criminal history and if the victim was not killed while engaging	4179
in illegal conduct that contributed to the criminally injurious	4180
conduct that gave rise to the claim. For purposes of this section,	4181
the use of illegal drugs by the deceased victim shall not be	4182
deemed to have contributed to the criminally injurious conduct	4183
that gave rise to the claim.	4184

(F) In determining whether to make an award of reparations	4185
pursuant to this section, the attorney general or panel of	4186
commissioners shall consider whether there was contributory	4187
misconduct by the victim or the claimant. The attorney general, a	4188
panel of commissioners, or a judge of the court of claims shall	4189
reduce an award of reparations or deny a claim for an award of	4190
reparations to the extent it is determined to be reasonable	4191
because of the contributory misconduct of the claimant or the	4192
victim.	4193

When the attorney general decides whether a claim should be	4194
denied because of an allegation of contributory misconduct, the	4195
burden of proof on the issue of that alleged contributory	4196
misconduct shall be upon the claimant, if either of the following	4197
apply:	4198

(1) The victim was convicted of a felony more than ten years	4199
prior to the criminally injurious conduct that is the subject of	4200
the claim or has a record of felony arrests under the laws of this	4201
state, another state, or the United States.	4202

(2) There is good cause to believe that the victim engaged in	4203
an ongoing course of criminal conduct within five years or less of	4204
the criminally injurious conduct that is the subject of the claim.	4205

(G) The attorney general, a panel of commissioners, or a	4206
judge of the court of claims shall not make an award of	4207
reparations to a claimant if the criminally injurious conduct that	4208
caused the injury or death that is the subject of the claim	4209
occurred to a victim who was an adult and while the victim, after	4210
being convicted of or pleading guilty to an offense, was serving a	4211
sentence of imprisonment in any detention facility, as defined in	4212
section 2921.01 of the Revised Code.	4213

(H) If a claimant unreasonably fails to present a claim	4214
timely to a source of benefits or advantages that would have been	4215
a collateral source and that would have reimbursed the claimant	4216
for all or a portion of a particular expense, the attorney	4217
general, a panel of commissioners, or a judge of the court of	4218
claims may reduce an award of reparations or deny a claim for an	4219
award of reparations to the extent that it is reasonable to do so.	4220

(I) Reparations payable to a victim and to all other	4221
claimants sustaining economic loss because of injury to or the	4222
death of that victim shall not exceed fifty thousand dollars in	4223
the aggregate. If the attorney general, a panel of commissioners,	4224
or a judge of the court of claims reduces an award under division	4225
(F) of this section, the maximum aggregate amount of reparations	4226
payable under this division shall be reduced proportionately to	4227
the reduction under division (F) of this section.	4228

Sec. 2743.601. Except as otherwise provided in this section,	4229
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	4230
of the Revised Code made by the act in which this section was	4231
enacted apply to all applications for an award of reparations	4232
filed on or after the effective date of this section and to all	4233
applications for an award of reparations filed before the	4234
effective date of this section for which an award or denial of the	4235
claim by the attorney general, a panel of commissioners, or the	4236
court of claims has not yet become final. The amendments to	4237
section 2743.60 of the Revised Code made by the act in which this	4238
section was enacted, to the extent that they eliminate the statute	4239
of limitations and to the extent that they remove the seventy-two	4240
hour reporting requirement, and the amendments to section 2743.51	4241
of the Revised Code concerning guardian bonds shall apply to all	4242
claims for an award of reparations pending on the effective date	4243
of this section and to all claims for an award of reparations	4244
filed on or after the effective date of this section that are	4245
based on criminally injurious conduct not previously addressed by	4246
the attorney general, by a panel of commissioners, or by the court	4247
of claims.	4248

Sec. 2901.08. (A) If a person is alleged to have committed an	4249
offense and if the person previously has been adjudicated a	4250
delinquent child or juvenile traffic offender for a violation of a	4251
law or ordinance, except as provided in division (B) of this	4252
section, the adjudication as a delinquent child or as a juvenile	4253
traffic offender is a conviction for a violation of the law or	4254
ordinance for purposes of determining the offense with which the	4255
person should be charged and, if the person is convicted of or	4256
pleads guilty to an offense, the sentence to be imposed upon the	4257
person relative to the conviction or guilty plea.	4258

(B) A previous adjudication of a person as a delinquent child	4259
or juvenile traffic offender for a violation of a law or ordinance	4260
is not a conviction for a violation of the law or ordinance for	4261
purposes of determining whether the person is a repeat violent	4262
offender, as defined in section 2929.01 of the Revised Code, or	4263
whether the person should be sentenced as a repeat violent	4264
offender under division (D)(B)(2) of section 2929.14 and section	4265
2941.149 of the Revised Code.	4266

Sec. 2903.01.  (A) No person shall purposely, and with prior	4267
calculation and design, cause the death of another or the unlawful	4268
termination of another's pregnancy.	4269

(B) No person shall purposely cause the death of another or	4270
the unlawful termination of another's pregnancy while committing	4271
or attempting to commit, or while fleeing immediately after	4272
committing or attempting to commit, kidnapping, rape, aggravated	4273
arson, arson, aggravated robbery, robbery, aggravated burglary,	4274
burglary, trespass in a habitation when a person is present or	4275
likely to be present, terrorism, or escape.	4276

(C) No person shall purposely cause the death of another who	4277
is under thirteen years of age at the time of the commission of	4278
the offense.	4279

(D) No person who is under detention as a result of having	4280
been found guilty of or having pleaded guilty to a felony or who	4281
breaks that detention shall purposely cause the death of another.	4282

(E) No person shall purposely cause the death of a law	4283
enforcement officer whom the offender knows or has reasonable	4284
cause to know is a law enforcement officer when either of the	4285
following applies:	4286

(1) The victim, at the time of the commission of the offense,	4287
is engaged in the victim's duties.	4288

(2) It is the offender's specific purpose to kill a law	4289
enforcement officer.	4290

(F) Whoever violates this section is guilty of aggravated	4291
murder, and shall be punished as provided in section 2929.02 of	4292
the Revised Code.	4293

(G) As used in this section:

4294

(1) "Detention" has the same meaning as in section 2921.01 of	4295
the Revised Code.	4296

(2) "Law enforcement officer" has the same meaning as in	4297
section 2911.01 of the Revised Code.	4298

Sec. 2903.11.  (A) No person shall knowingly do either of the	4299
following:	4300

(1) Cause serious physical harm to another or to another's	4301
unborn;	4302

(2) Cause or attempt to cause physical harm to another or to	4303
another's unborn by means of a deadly weapon or dangerous	4304
ordnance.	4305

(B) No person, with knowledge that the person has tested	4306
positive as a carrier of a virus that causes acquired	4307
immunodeficiency syndrome, shall knowingly do any of the	4308
following:	4309

(1) Engage in sexual conduct with another person without	4310
disclosing that knowledge to the other person prior to engaging in	4311
the sexual conduct;	4312

(2) Engage in sexual conduct with a person whom the offender	4313
knows or has reasonable cause to believe lacks the mental capacity	4314
to appreciate the significance of the knowledge that the offender	4315
has tested positive as a carrier of a virus that causes acquired	4316
immunodeficiency syndrome;	4317

(3) Engage in sexual conduct with a person under eighteen	4318
years of age who is not the spouse of the offender.	4319

(C) The prosecution of a person under this section does not	4320
preclude prosecution of that person under section 2907.02 of the	4321
Revised Code.	4322

(D)(1)(a) Whoever violates this section is guilty of	4323
felonious assault. Except as otherwise provided in this division	4324
or division (D)(1)(b) of this section, felonious assault is a	4325
felony of the second degree. If the victim of a violation of	4326
division (A) of this section is a peace officer or an investigator	4327
of the bureau of criminal identification and investigation,	4328
felonious assault is a felony of the first degree.	4329

(b) Regardless of whether the felonious assault is a felony	4330
of the first or second degree under division (D)(1)(a) of this	4331
section, if the offender also is convicted of or pleads guilty to	4332
a specification as described in section 2941.1423 of the Revised	4333
Code that was included in the indictment, count in the indictment,	4334
or information charging the offense, except as otherwise provided	4335
in this division or unless a longer prison term is required under	4336
any other provision of law, the court shall sentence the offender	4337
to a mandatory prison term as provided in division (D)(B)(8) of	4338
section 2929.14 of the Revised Code. If the victim of the offense	4339
is a peace officer or an investigator of the bureau of criminal	4340
identification and investigation, and if the victim suffered	4341
serious physical harm as a result of the commission of the	4342
offense, felonious assault is a felony of the first degree, and	4343
the court, pursuant to division (F) of section 2929.13 of the	4344
Revised Code, shall impose as a mandatory prison term one of the	4345
prison terms prescribed for a felony of the first degree.	4346

(2) In addition to any other sanctions imposed pursuant to	4347
division (D)(1) of this section for felonious assault committed in	4348
violation of division (A)(2) of this section, if the deadly weapon	4349
used in the commission of the violation is a motor vehicle, the	4350
court shall impose upon the offender a class two suspension of the	4351
offender's driver's license, commercial driver's license,	4352
temporary instruction permit, probationary license, or nonresident	4353
operating privilege as specified in division (A)(2) of section	4354
4510.02 of the Revised Code.	4355

(E) As used in this section:

4356

(1) "Deadly weapon" and "dangerous ordnance" have the same	4357
meanings as in section 2923.11 of the Revised Code.	4358

(2) "Motor vehicle" has the same meaning as in section	4359
4501.01 of the Revised Code.	4360

(3) "Peace officer" has the same meaning as in section	4361
2935.01 of the Revised Code.	4362

(4) "Sexual conduct" has the same meaning as in section	4363
2907.01 of the Revised Code, except that, as used in this section,	4364
it does not include the insertion of an instrument, apparatus, or	4365
other object that is not a part of the body into the vaginal or	4366
anal opening of another, unless the offender knew at the time of	4367
the insertion that the instrument, apparatus, or other object	4368
carried the offender's bodily fluid.	4369

(5) "Investigator of the bureau of criminal identification	4370
and investigation" means an investigator of the bureau of criminal	4371
identification and investigation who is commissioned by the	4372
superintendent of the bureau as a special agent for the purpose of	4373
assisting law enforcement officers or providing emergency	4374
assistance to peace officers pursuant to authority granted under	4375
section 109.541 of the Revised Code.	4376

(6) "Investigator" has the same meaning as in section 109.541	4377
of the Revised Code.	4378

Sec. 2903.12.  (A) No person, while under the influence of	4379
sudden passion or in a sudden fit of rage, either of which is	4380
brought on by serious provocation occasioned by the victim that is	4381
reasonably sufficient to incite the person into using deadly	4382
force, shall knowingly:	4383

(1) Cause serious physical harm to another or to another's	4384
unborn;	4385

(2) Cause or attempt to cause physical harm to another or to	4386
another's unborn by means of a deadly weapon or dangerous	4387
ordnance, as defined in section 2923.11 of the Revised Code.	4388

(B) Whoever violates this section is guilty of aggravated	4389
assault. Except as otherwise provided in this division, aggravated	4390
assault is a felony of the fourth degree. If the victim of the	4391
offense is a peace officer or an investigator of the bureau of	4392
criminal identification and investigation, aggravated assault is a	4393
felony of the third degree. Regardless of whether the offense is a	4394
felony of the third or fourth degree under this division, if the	4395
offender also is convicted of or pleads guilty to a specification	4396
as described in section 2941.1423 of the Revised Code that was	4397
included in the indictment, count in the indictment, or	4398
information charging the offense, except as otherwise provided in	4399
this division, the court shall sentence the offender to a	4400
mandatory prison term as provided in division (D)(B)(8) of section	4401
2929.14 of the Revised Code. If the victim of the offense is a	4402
peace officer or an investigator of the bureau of criminal	4403
identification and investigation, and if the victim suffered	4404
serious physical harm as a result of the commission of the	4405
offense, aggravated assault is a felony of the third degree, and	4406
the court, pursuant to division (F) of section 2929.13 of the	4407
Revised Code, shall impose as a mandatory prison term one of the	4408
prison terms prescribed for a felony of the third degree.	4409

(C) As used in this section:

4410

(1) "Investigator of the bureau of criminal identification	4411
and investigation" has the same meaning as in section 2903.11 of	4412
the Revised Code.	4413

(2) "Peace officer" has the same meaning as in section	4414
2935.01 of the Revised Code.	4415

Sec. 2903.13.  (A) No person shall knowingly cause or attempt	4416
to cause physical harm to another or to another's unborn.	4417

(B) No person shall recklessly cause serious physical harm to	4418
another or to another's unborn.	4419

(C) Whoever violates this section is guilty of assault, and	4420
the court shall sentence the offender as provided in this division	4421
and divisions (C)(1), (2), (3), (4), (5), and (6) of this section.	4422
Except as otherwise provided in division (C)(1), (2), (3), (4), or	4423
(5) of this section, assault is a misdemeanor of the first degree.	4424

(1) Except as otherwise provided in this division, if the	4425
offense is committed by a caretaker against a functionally	4426
impaired person under the caretaker's care, assault is a felony of	4427
the fourth degree. If the offense is committed by a caretaker	4428
against a functionally impaired person under the caretaker's care,	4429
if the offender previously has been convicted of or pleaded guilty	4430
to a violation of this section or section 2903.11 or 2903.16 of	4431
the Revised Code, and if in relation to the previous conviction	4432
the offender was a caretaker and the victim was a functionally	4433
impaired person under the offender's care, assault is a felony of	4434
the third degree.	4435

(2) If the offense is committed in any of the following	4436
circumstances, assault is a felony of the fifth degree:	4437

(a) The offense occurs in or on the grounds of a state	4438
correctional institution or an institution of the department of	4439
youth services, the victim of the offense is an employee of the	4440
department of rehabilitation and correction, the department of	4441
youth services, or a probation department or is on the premises of	4442
the particular institution for business purposes or as a visitor,	4443
and the offense is committed by a person incarcerated in the state	4444
correctional institution, by a person institutionalized in the	4445
department of youth services institution pursuant to a commitment	4446
to the department of youth services, by a parolee, by an offender	4447
under transitional control, under a community control sanction, or	4448
on an escorted visit, by a person under post-release control, or	4449
by an offender under any other type of supervision by a government	4450
agency.	4451

(b) The offense occurs in or on the grounds of a local	4452
correctional facility, the victim of the offense is an employee of	4453
the local correctional facility or a probation department or is on	4454
the premises of the facility for business purposes or as a	4455
visitor, and the offense is committed by a person who is under	4456
custody in the facility subsequent to the person's arrest for any	4457
crime or delinquent act, subsequent to the person's being charged	4458
with or convicted of any crime, or subsequent to the person's	4459
being alleged to be or adjudicated a delinquent child.	4460

(c) The offense occurs off the grounds of a state	4461
correctional institution and off the grounds of an institution of	4462
the department of youth services, the victim of the offense is an	4463
employee of the department of rehabilitation and correction, the	4464
department of youth services, or a probation department, the	4465
offense occurs during the employee's official work hours and while	4466
the employee is engaged in official work responsibilities, and the	4467
offense is committed by a person incarcerated in a state	4468
correctional institution or institutionalized in the department of	4469
youth services who temporarily is outside of the institution for	4470
any purpose, by a parolee, by an offender under transitional	4471
control, under a community control sanction, or on an escorted	4472
visit, by a person under post-release control, or by an offender	4473
under any other type of supervision by a government agency.	4474

(d) The offense occurs off the grounds of a local	4475
correctional facility, the victim of the offense is an employee of	4476
the local correctional facility or a probation department, the	4477
offense occurs during the employee's official work hours and while	4478
the employee is engaged in official work responsibilities, and the	4479
offense is committed by a person who is under custody in the	4480
facility subsequent to the person's arrest for any crime or	4481
delinquent act, subsequent to the person being charged with or	4482
convicted of any crime, or subsequent to the person being alleged	4483
to be or adjudicated a delinquent child and who temporarily is	4484
outside of the facility for any purpose or by a parolee, by an	4485
offender under transitional control, under a community control	4486
sanction, or on an escorted visit, by a person under post-release	4487
control, or by an offender under any other type of supervision by	4488
a government agency.	4489

(e) The victim of the offense is a school teacher or	4490
administrator or a school bus operator, and the offense occurs in	4491
a school, on school premises, in a school building, on a school	4492
bus, or while the victim is outside of school premises or a school	4493
bus and is engaged in duties or official responsibilities	4494
associated with the victim's employment or position as a school	4495
teacher or administrator or a school bus operator, including, but	4496
not limited to, driving, accompanying, or chaperoning students at	4497
or on class or field trips, athletic events, or other school	4498
extracurricular activities or functions outside of school	4499
premises.	4500

(3) If the victim of the offense is a peace officer or an	4501
investigator of the bureau of criminal identification and	4502
investigation, a firefighter, or a person performing emergency	4503
medical service, while in the performance of their official	4504
duties, assault is a felony of the fourth degree.	4505

(4) If the victim of the offense is a peace officer or an	4506
investigator of the bureau of criminal identification and	4507
investigation and if the victim suffered serious physical harm as	4508
a result of the commission of the offense, assault is a felony of	4509
the fourth degree, and the court, pursuant to division (F) of	4510
section 2929.13 of the Revised Code, shall impose as a mandatory	4511
prison term one of the prison terms prescribed for a felony of the	4512
fourth degree that is at least twelve months in duration.	4513

(5) If the victim of the offense is an officer or employee of	4514
a public children services agency or a private child placing	4515
agency and the offense relates to the officer's or employee's	4516
performance or anticipated performance of official	4517
responsibilities or duties, assault is either a felony of the	4518
fifth degree or, if the offender previously has been convicted of	4519
or pleaded guilty to an offense of violence, the victim of that	4520
prior offense was an officer or employee of a public children	4521
services agency or private child placing agency, and that prior	4522
offense related to the officer's or employee's performance or	4523
anticipated performance of official responsibilities or duties, a	4524
felony of the fourth degree.	4525

(6) If an offender who is convicted of or pleads guilty to	4526
assault when it is a misdemeanor also is convicted of or pleads	4527
guilty to a specification as described in section 2941.1423 of the	4528
Revised Code that was included in the indictment, count in the	4529
indictment, or information charging the offense, the court shall	4530
sentence the offender to a mandatory jail term as provided in	4531
division (G) of section 2929.24 of the Revised Code.	4532

If an offender who is convicted of or pleads guilty to	4533
assault when it is a felony also is convicted of or pleads guilty	4534
to a specification as described in section 2941.1423 of the	4535
Revised Code that was included in the indictment, count in the	4536
indictment, or information charging the offense, except as	4537
otherwise provided in division (C)(4) of this section, the court	4538
shall sentence the offender to a mandatory prison term as provided	4539
in division (D)(B)(8) of section 2929.14 of the Revised Code.	4540

(D) As used in this section:

4541

(1) "Peace officer" has the same meaning as in section	4542
2935.01 of the Revised Code.	4543

(2) "Firefighter" has the same meaning as in section 3937.41	4544
of the Revised Code.	4545

(3) "Emergency medical service" has the same meaning as in	4546
section 4765.01 of the Revised Code.	4547

(4) "Local correctional facility" means a county,	4548
multicounty, municipal, municipal-county, or multicounty-municipal	4549
jail or workhouse, a minimum security jail established under	4550
section 341.23 or 753.21 of the Revised Code, or another county,	4551
multicounty, municipal, municipal-county, or multicounty-municipal	4552
facility used for the custody of persons arrested for any crime or	4553
delinquent act, persons charged with or convicted of any crime, or	4554
persons alleged to be or adjudicated a delinquent child.	4555

(5) "Employee of a local correctional facility" means a	4556
person who is an employee of the political subdivision or of one	4557
or more of the affiliated political subdivisions that operates the	4558
local correctional facility and who operates or assists in the	4559
operation of the facility.	4560

(6) "School teacher or administrator" means either of the	4561
following:	4562

(a) A person who is employed in the public schools of the	4563
state under a contract described in section 3319.08 of the Revised	4564
Code in a position in which the person is required to have a	4565
certificate issued pursuant to sections 3319.22 to 3319.311 of the	4566
Revised Code.	4567

(b) A person who is employed by a nonpublic school for which	4568
the state board of education prescribes minimum standards under	4569
section 3301.07 of the Revised Code and who is certificated in	4570
accordance with section 3301.071 of the Revised Code.	4571

(7) "Community control sanction" has the same meaning as in	4572
section 2929.01 of the Revised Code.	4573

(8) "Escorted visit" means an escorted visit granted under	4574
section 2967.27 of the Revised Code.	4575

(9) "Post-release control" and "transitional control" have	4576
the same meanings as in section 2967.01 of the Revised Code.	4577

(10) "Investigator of the bureau of criminal identification	4578
and investigation" has the same meaning as in section 2903.11 of	4579
the Revised Code.	4580

Sec. 2905.01.  (A) No person, by force, threat, or deception,	4581
or, in the case of a victim under the age of thirteen or mentally	4582
incompetent, by any means, shall remove another from the place	4583
where the other person is found or restrain the liberty of the	4584
other person, for any of the following purposes:	4585

(1) To hold for ransom, or as a shield or hostage;

4586

(2) To facilitate the commission of any felony or flight	4587
thereafter;	4588

(3) To terrorize, or to inflict serious physical harm on the	4589
victim or another;	4590

(4) To engage in sexual activity, as defined in section	4591
2907.01 of the Revised Code, with the victim against the victim's	4592
will;	4593

(5) To hinder, impede, or obstruct a function of government,	4594
or to force any action or concession on the part of governmental	4595
authority;	4596

(6) To hold in a condition of involuntary servitude.

4597

(B) No person, by force, threat, or deception, or, in the	4598
case of a victim under the age of thirteen or mentally	4599
incompetent, by any means, shall knowingly do any of the	4600
following, under circumstances that create a substantial risk of	4601
serious physical harm to the victim or, in the case of a minor	4602
victim, under circumstances that either create a substantial risk	4603
of serious physical harm to the victim or cause physical harm to	4604
the victim:	4605

(1) Remove another from the place where the other person is	4606
found;	4607

(2) Restrain another of the other person's liberty.

4608

(C)(1) Whoever violates this section is guilty of kidnapping.	4609
Except as otherwise provided in this division or division (C)(2)	4610
or (3) of this section, kidnapping is a felony of the first	4611
degree. Except as otherwise provided in this division or division	4612
(C)(2) or (3) of this section, if an offender who violates	4613
division (A)(1) to (5), (B)(1), or (B)(2) of this section releases	4614
the victim in a safe place unharmed, kidnapping is a felony of the	4615
second degree.	4616

(2) If the offender in any case also is convicted of or	4617
pleads guilty to a specification as described in section 2941.1422	4618
of the Revised Code that was included in the indictment, count in	4619
the indictment, or information charging the offense, the court	4620
shall order the offender to make restitution as provided in	4621
division (B)(8) of section 2929.18 of the Revised Code and, except	4622
as otherwise provided in division (C)(3) of this section, shall	4623
sentence the offender to a mandatory prison term as provided in	4624
division (D)(B)(7) of section 2929.14 of the Revised Code.	4625

(3) If the victim of the offense is less than thirteen years	4626
of age and if the offender also is convicted of or pleads guilty	4627
to a sexual motivation specification that was included in the	4628
indictment, count in the indictment, or information charging the	4629
offense, kidnapping is a felony of the first degree, and,	4630
notwithstanding the definite sentence provided for a felony of the	4631
first degree in section 2929.14 of the Revised Code, the offender	4632
shall be sentenced pursuant to section 2971.03 of the Revised Code	4633
as follows:	4634

(a) Except as otherwise provided in division (C)(3)(b) of	4635
this section, the offender shall be sentenced pursuant to that	4636
section to an indefinite prison term consisting of a minimum term	4637
of fifteen years and a maximum term of life imprisonment.	4638

(b) If the offender releases the victim in a safe place	4639
unharmed, the offender shall be sentenced pursuant to that section	4640
to an indefinite term consisting of a minimum term of ten years	4641
and a maximum term of life imprisonment.	4642

(D) As used in this section:

4643

(1) "Involuntary servitude" has the same meaning as in	4644
section 2905.31 of the Revised Code.	4645

(2) "Sexual motivation specification" has the same meaning as	4646
in section 2971.01 of the Revised Code.	4647

Sec. 2905.02.  (A) No person, without privilege to do so,	4648
shall knowingly do any of the following:	4649

(1) By force or threat, remove another from the place where	4650
the other person is found;	4651

(2) By force or threat, restrain the liberty of another	4652
person under circumstances that create a risk of physical harm to	4653
the victim or place the other person in fear;	4654

(3) Hold another in a condition of involuntary servitude.

4655

(B) No person, with a sexual motivation, shall violate	4656
division (A) of this section.	4657

(C) Whoever violates this section is guilty of abduction. A	4658
violation of division (A)(1) or (2) of this section or a violation	4659
of division (B) of this section involving conduct of the type	4660
described in division (A)(1) or (2) of this section is a felony of	4661
the third degree. A violation of division (A)(3) of this section	4662
or a violation of division (B) of this section involving conduct	4663
of the type described in division (A)(3) of this section is a	4664
felony of the second degree. If the offender in any case also is	4665
convicted of or pleads guilty to a specification as described in	4666
section 2941.1422 of the Revised Code that was included in the	4667
indictment, count in the indictment, or information charging the	4668
offense, the court shall sentence the offender to a mandatory	4669
prison term as provided in division (D)(B)(7) of section 2929.14	4670
of the Revised Code and shall order the offender to make	4671
restitution as provided in division (B)(8) of section 2929.18 of	4672
the Revised Code.	4673

(D) As used in this section:

4674

(1) "Involuntary servitude" has the same meaning as in	4675
section 2905.31 of the Revised Code.	4676

(2) "Sexual motivation" has the same meaning as in section	4677
2971.01 of the Revised Code.	4678

Sec. 2907.21.  (A) No person shall knowingly do any of the	4679
following:	4680

(1) Compel another to engage in sexual activity for hire;

4681

(2) Induce, procure, encourage, solicit, request, or	4682
otherwise facilitate either of the following:	4683

(a) A minor to engage in sexual activity for hire, whether or	4684
not the offender knows the age of the minor;	4685

(b) A person the offender believes to be a minor to engage in	4686
sexual activity for hire, whether or not the person is a minor.	4687

(3)(a) Pay or agree to pay a minor, either directly or	4688
through the minor's agent, so that the minor will engage in sexual	4689
activity, whether or not the offender knows the age of the minor;	4690

(b) Pay or agree to pay a person the offender believes to be	4691
a minor, either directly or through the person's agent, so that	4692
the person will engage in sexual activity, whether or not the	4693
person is a minor.	4694

(4)(a) Pay a minor, either directly or through the minor's	4695
agent, for the minor having engaged in sexual activity pursuant to	4696
a prior agreement, whether or not the offender knows the age of	4697
the minor;	4698

(b) Pay a person the offender believes to be a minor, either	4699
directly or through the person's agent, for the person having	4700
engaged in sexual activity pursuant to a prior agreement, whether	4701
or not the person is a minor.	4702

(5)(a) Allow a minor to engage in sexual activity for hire if	4703
the person allowing the child to engage in sexual activity for	4704
hire is the parent, guardian, custodian, person having custody or	4705
control, or person in loco parentis of the minor;	4706

(b) Allow a person the offender believes to be a minor to	4707
engage in sexual activity for hire if the person allowing the	4708
person to engage in sexual activity for hire is the parent,	4709
guardian, custodian, person having custody or control, or person	4710
in loco parentis of the person the offender believes to be a	4711
minor, whether or not the person is a minor.	4712

(B) For a prosecution under division (A)(1) of this section,	4713
the element "compel" does not require that the compulsion be	4714
openly displayed or physically exerted. The element "compel" has	4715
been established if the state proves that the victim's will was	4716
overcome by force, fear, duress, or intimidation.	4717

(C) Whoever violates this section is guilty of compelling	4718
prostitution. Except as otherwise provided in this division,	4719
compelling prostitution is a felony of the third degree. If the	4720
offender commits a violation of division (A)(1) of this section	4721
and the person compelled to engage in sexual activity for hire in	4722
violation of that division is sixteen years of age or older but	4723
less than eighteen years of age, compelling prostitution is a	4724
felony of the second degree. If the offender commits a violation	4725
of division (A)(1) of this section and the person compelled to	4726
engage in sexual activity for hire in violation of that division	4727
is less than sixteen years of age, compelling prostitution is a	4728
felony of the first degree. If the offender in any case also is	4729
convicted of or pleads guilty to a specification as described in	4730
section 2941.1422 of the Revised Code that was included in the	4731
indictment, count in the indictment, or information charging the	4732
offense, the court shall sentence the offender to a mandatory	4733
prison term as provided in division (D)(B)(7) of section 2929.14	4734
of the Revised Code and shall order the offender to make	4735
restitution as provided in division (B)(8) of section 2929.18 of	4736
the Revised Code.	4737

Sec. 2907.22.  (A) No person shall knowingly:

4738

(1) Establish, maintain, operate, manage, supervise, control,	4739
or have an interest in a brothel;	4740

(2) Supervise, manage, or control the activities of a	4741
prostitute in engaging in sexual activity for hire;	4742

(3) Transport another, or cause another to be transported	4743
across the boundary of this state or of any county in this state,	4744
in order to facilitate the other person's engaging in sexual	4745
activity for hire;	4746

(4) For the purpose of violating or facilitating a violation	4747
of this section, induce or procure another to engage in sexual	4748
activity for hire.	4749

(B) Whoever violates this section is guilty of promoting	4750
prostitution. Except as otherwise provided in this division,	4751
promoting prostitution is a felony of the fourth degree. If any	4752
prostitute in the brothel involved in the offense, or the	4753
prostitute whose activities are supervised, managed, or controlled	4754
by the offender, or the person transported, induced, or procured	4755
by the offender to engage in sexual activity for hire, is a minor,	4756
whether or not the offender knows the age of the minor, then	4757
promoting prostitution is a felony of the third degree. If the	4758
offender in any case also is convicted of or pleads guilty to a	4759
specification as described in section 2941.1422 of the Revised	4760
Code that was included in the indictment, count in the indictment,	4761
or information charging the offense, the court shall sentence the	4762
offender to a mandatory prison term as provided in division	4763
(D)(B)(7) of section 2929.14 of the Revised Code and shall order	4764
the offender to make restitution as provided in division (B)(8) of	4765
section 2929.18 of the Revised Code.	4766

Sec. 2907.323.  (A) No person shall do any of the following:

4767

(1) Photograph any minor who is not the person's child or	4768
ward in a state of nudity, or create, direct, produce, or transfer	4769
any material or performance that shows the minor in a state of	4770
nudity, unless both of the following apply:	4771

(a) The material or performance is, or is to be, sold,	4772
disseminated, displayed, possessed, controlled, brought or caused	4773
to be brought into this state, or presented for a bona fide	4774
artistic, medical, scientific, educational, religious,	4775
governmental, judicial, or other proper purpose, by or to a	4776
physician, psychologist, sociologist, scientist, teacher, person	4777
pursuing bona fide studies or research, librarian, member of the	4778
clergy, prosecutor, judge, or other person having a proper	4779
interest in the material or performance;	4780

(b) The minor's parents, guardian, or custodian consents in	4781
writing to the photographing of the minor, to the use of the minor	4782
in the material or performance, or to the transfer of the material	4783
and to the specific manner in which the material or performance is	4784
to be used.	4785

(2) Consent to the photographing of the person's minor child	4786
or ward, or photograph the person's minor child or ward, in a	4787
state of nudity or consent to the use of the person's minor child	4788
or ward in a state of nudity in any material or performance, or	4789
use or transfer a material or performance of that nature, unless	4790
the material or performance is sold, disseminated, displayed,	4791
possessed, controlled, brought or caused to be brought into this	4792
state, or presented for a bona fide artistic, medical, scientific,	4793
educational, religious, governmental, judicial, or other proper	4794
purpose, by or to a physician, psychologist, sociologist,	4795
scientist, teacher, person pursuing bona fide studies or research,	4796
librarian, member of the clergy, prosecutor, judge, or other	4797
person having a proper interest in the material or performance;	4798

(3) Possess or view any material or performance that shows a	4799
minor who is not the person's child or ward in a state of nudity,	4800
unless one of the following applies:	4801

(a) The material or performance is sold, disseminated,	4802
displayed, possessed, controlled, brought or caused to be brought	4803
into this state, or presented for a bona fide artistic, medical,	4804
scientific, educational, religious, governmental, judicial, or	4805
other proper purpose, by or to a physician, psychologist,	4806
sociologist, scientist, teacher, person pursuing bona fide studies	4807
or research, librarian, member of the clergy, prosecutor, judge,	4808
or other person having a proper interest in the material or	4809
performance.	4810

(b) The person knows that the parents, guardian, or custodian	4811
has consented in writing to the photographing or use of the minor	4812
in a state of nudity and to the manner in which the material or	4813
performance is used or transferred.	4814

(B) Whoever violates this section is guilty of illegal use of	4815
a minor in a nudity-oriented material or performance. Whoever	4816
violates division (A)(1) or (2) of this section is guilty of a	4817
felony of the second degree. Except as otherwise provided in this	4818
division, whoever violates division (A)(3) of this section is	4819
guilty of a felony of the fifth degree. If the offender previously	4820
has been convicted of or pleaded guilty to a violation of this	4821
section or section 2907.321 or 2907.322 of the Revised Code,	4822
illegal use of a minor in a nudity-oriented material or	4823
performance in violation of division (A)(3) of this section is a	4824
felony of the fourth degree. If the offender who violates division	4825
(A)(1) or (2) of this section also is convicted of or pleads	4826
guilty to a specification as described in section 2941.1422 of the	4827
Revised Code that was included in the indictment, count in the	4828
indictment, or information charging the offense, the court shall	4829
sentence the offender to a mandatory prison term as provided in	4830
division (D)(B)(7) of section 2929.14 of the Revised Code and	4831
shall order the offender to make restitution as provided in	4832
division (B)(8) of section 2929.18 of the Revised Code.	4833

Sec. 2909.03.  (A) No person, by means of fire or explosion,	4834
shall knowingly do any of the following:	4835

(1) Cause, or create a substantial risk of, physical harm to	4836
any property of another without the other person's consent;	4837

(2) Cause, or create a substantial risk of, physical harm to	4838
any property of the offender or another, with purpose to defraud;	4839

(3) Cause, or create a substantial risk of, physical harm to	4840
the statehouse or a courthouse, school building, or other building	4841
or structure that is owned or controlled by the state, any	4842
political subdivision, or any department, agency, or	4843
instrumentality of the state or a political subdivision, and that	4844
is used for public purposes;	4845

(4) Cause, or create a substantial risk of, physical harm,	4846
through the offer or the acceptance of an agreement for hire or	4847
other consideration, to any property of another without the other	4848
person's consent or to any property of the offender or another	4849
with purpose to defraud;	4850

(5) Cause, or create a substantial risk of, physical harm to	4851
any park, preserve, wildlands, brush-covered land, cut-over land,	4852
forest, timberland, greenlands, woods, or similar real property	4853
that is owned or controlled by another person, the state, or a	4854
political subdivision without the consent of the other person, the	4855
state, or the political subdivision;	4856

(6) With purpose to defraud, cause, or create a substantial	4857
risk of, physical harm to any park, preserve, wildlands,	4858
brush-covered land, cut-over land, forest, timberland, greenlands,	4859
woods, or similar real property that is owned or controlled by the	4860
offender, another person, the state, or a political subdivision.	4861

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

4862

(2) A violation of division (A)(1) of this section is one of	4863
the following:	4864

(a) Except as otherwise provided in division (B)(2)(b) of	4865
this section, a misdemeanor of the first degree;	4866

(b) If the value of the property or the amount of the	4867
physical harm involved is five hundredone thousand dollars or	4868
more, a felony of the fourth degree.	4869

(3) A violation of division (A)(2), (3), (5), or (6) of this	4870
section is a felony of the fourth degree.	4871

(4) A violation of division (A)(4) of this section is a	4872
felony of the third degree.	4873

Sec. 2909.05.  (A) No person shall knowingly cause serious	4874
physical harm to an occupied structure or any of its contents.	4875

(B)(1) No person shall knowingly cause physical harm to	4876
property that is owned or possessed by another, when either of the	4877
following applies:	4878

(a) The property is used by its owner or possessor in the	4879
owner's or possessor's profession, business, trade, or occupation,	4880
and the value of the property or the amount of physical harm	4881
involved is five hundredone thousand dollars or more;	4882

(b) Regardless of the value of the property or the amount of	4883
damage done, the property or its equivalent is necessary in order	4884
for its owner or possessor to engage in the owner's or possessor's	4885
profession, business, trade, or occupation.	4886

(2) No person shall knowingly cause serious physical harm to	4887
property that is owned, leased, or controlled by a governmental	4888
entity. A governmental entity includes, but is not limited to, the	4889
state or a political subdivision of the state, a school district,	4890
the board of trustees of a public library or public university, or	4891
any other body corporate and politic responsible for governmental	4892
activities only in geographical areas smaller than that of the	4893
state.	4894

(C) No person, without privilege to do so, shall knowingly	4895
cause serious physical harm to any tomb, monument, gravestone, or	4896
other similar structure that is used as a memorial for the dead;	4897
to any fence, railing, curb, or other property that is used to	4898
protect, enclose, or ornament any cemetery; or to a cemetery.	4899

(D) No person, without privilege to do so, shall knowingly	4900
cause physical harm to a place of burial by breaking and entering	4901
into a tomb, crypt, casket, or other structure that is used as a	4902
memorial for the dead or as an enclosure for the dead.	4903

(E) Whoever violates this section is guilty of vandalism.	4904
Except as otherwise provided in this division, vandalism is a	4905
felony of the fifth degree that is punishable by a fine of up to	4906
two thousand five hundred dollars in addition to the penalties	4907
specified for a felony of the fifth degree in sections 2929.11 to	4908
2929.18 of the Revised Code. If the value of the property or the	4909
amount of physical harm involved is fiveseven thousand five	4910
hundred dollars or more but less than one hundred fifty thousand	4911
dollars, vandalism is a felony of the fourth degree. If the value	4912
of the property or the amount of physical harm involved is one	4913
hundred fifty thousand dollars or more, vandalism is a felony of	4914
the third degree.	4915

(F) For purposes of this section:

4916

(1) "Cemetery" means any place of burial and includes burial	4917
sites that contain American Indian burial objects placed with or	4918
containing American Indian human remains.	4919

(2) "Serious physical harm" means physical harm to property	4920
that results in loss to the value of the property of five hundred	4921
one thousand dollars or more.	4922

Sec. 2909.11.  (A) When a person is charged with a violation	4923
of division (A)(1) of section 2909.03 of the Revised Code	4924
involving property value or an amount of physical harm of five	4925
hundredone thousand dollars or more or with a violation of	4926
section 2909.05 of the Revised Code involving property value or an	4927
amount of physical harm of five hundredone thousand dollars or	4928
more, the jury or court trying the accused shall determine the	4929
value of the property or amount of physical harm and, if a guilty	4930
verdict is returned, shall return the finding as part of the	4931
verdict. In any such case, it is unnecessary to find or return the	4932
exact value or amount of physical harm, section 2945.75 of the	4933
Revised Code applies, and it is sufficient if either of the	4934
following applies, as appropriate, relative to the finding and	4935
return of the value or amount of physical harm:	4936

(1) If the finding and return relate to a violation of	4937
division (A)(1) of section 2909.03 of the Revised Code and are	4938
that the value or amount of the physical harm was five hundred	4939
one thousand dollars or more, the finding and return shall include	4940
a statement that the value or amount was five hundredone	4941
thousand dollars or more.	4942

(2) If the finding and return relate to a violation of	4943
division section 2909.05 of the Revised Code and are that the	4944
value or amount of the physical harm was in any of the following	4945
categories, the finding and return shall include one of the	4946
following statements, as appropriate:	4947

(a) If the finding and return are that the value or amount	4948
was one hundred fifty thousand dollars or more, a statement that	4949
the value or amount was one hundred fifty thousand dollars or	4950
more;	4951

(b) If the finding and return are that the value or amount	4952
was fiveseven thousand five hundred dollars or more but less than	4953
one hundred fifty thousand dollars a statement that the value or	4954
amount was fiveseven thousand five hundred dollars or more but	4955
less than one hundred fifty thousand dollars;	4956

(c) If the finding and return are that the value or amount	4957
was five hundredone thousand dollars or more but less than five	4958
seven thousand five hundred dollars, a statement that the value	4959
or amount was five hundredone thousand dollars or more but less	4960
than fiveseven thousand five hundred dollars.	4961

(B) The following criteria shall be used in determining the	4962
value of property or amount of physical harm involved in a	4963
violation of division (A)(1) of section 2909.03 or section 2909.05	4964
of the Revised Code:	4965

(1) If the property is an heirloom, memento, collector's	4966
item, antique, museum piece, manuscript, document, record, or	4967
other thing that is either irreplaceable or is replaceable only on	4968
the expenditure of substantial time, effort, or money, the value	4969
of the property or the amount of physical harm involved is the	4970
amount that would compensate the owner for its loss.	4971

(2) If the property is not covered under division (B)(1) of	4972
this section and the physical harm is such that the property can	4973
be restored substantially to its former condition, the amount of	4974
physical harm involved is the reasonable cost of restoring the	4975
property.	4976

(3) If the property is not covered under division (B)(1) of	4977
this section and the physical harm is such that the property	4978
cannot be restored substantially to its former condition, the	4979
value of the property, in the case of personal property, is the	4980
cost of replacing the property with new property of like kind and	4981
quality, and, in the case of real property or real property	4982
fixtures, is the difference in the fair market value of the	4983
property immediately before and immediately after the offense.	4984

(C) As used in this section, "fair market value" has the same	4985
meaning as in section 2913.61 of the Revised Code.	4986

(D) Prima-facie evidence of the value of property, as	4987
provided in division (E) of section 2913.61 of the Revised Code,	4988
may be used to establish the value of property pursuant to this	4989
section.	4990

Sec. 2911.12.  (A) No person, by force, stealth, or	4991
deception, shall do any of the following:	4992

(1) Trespass in an occupied structure or in a separately	4993
secured or separately occupied portion of an occupied structure,	4994
when another person other than an accomplice of the offender is	4995
present, with purpose to commit in the structure or in the	4996
separately secured or separately occupied portion of the structure	4997
any criminal offense;	4998

(2) Trespass in an occupied structure or in a separately	4999
secured or separately occupied portion of an occupied structure	5000
that is a permanent or temporary habitation of any person when any	5001
person other than an accomplice of the offender is present or	5002
likely to be present, with purpose to commit in the habitation any	5003
criminal offense;	5004

(3) Trespass in an occupied structure or in a separately	5005
secured or separately occupied portion of an occupied structure,	5006
with purpose to commit in the structure or separately secured or	5007
separately occupied portion of the structure any criminal	5008
offense;.	5009

(4) Trespass(B) No person, by force, stealth, or deception,	5010
shall trespass in a permanent or temporary habitation of any	5011
person when any person other than an accomplice of the offender is	5012
present or likely to be present.	5013

(B)(C) As used in this section, "occupied structure" has the	5014
same meaning as in section 2909.01 of the Revised Code.	5015

(C)(D) Whoever violates division (A) of this section is	5016
guilty of burglary. A violation of division (A)(1) or (2) of this	5017
section is a felony of the second degree. A violation of division	5018
(A)(3) of this section is a felony of the third degree. A	5019
violation of division (A)(4) of this section is a felony of the	5020
fourth degree.	5021

(E) Whoever violates division (B) of this section is guilty	5022
of trespass in a habitation when a person is present or likely to	5023
be present, a felony of the fourth degree.	5024

Sec. 2913.01.  As used in this chapter, unless the context	5025
requires that a term be given a different meaning:	5026

(A) "Deception" means knowingly deceiving another or causing	5027
another to be deceived by any false or misleading representation,	5028
by withholding information, by preventing another from acquiring	5029
information, or by any other conduct, act, or omission that	5030
creates, confirms, or perpetuates a false impression in another,	5031
including a false impression as to law, value, state of mind, or	5032
other objective or subjective fact.	5033

(B) "Defraud" means to knowingly obtain, by deception, some	5034
benefit for oneself or another, or to knowingly cause, by	5035
deception, some detriment to another.	5036

(C) "Deprive" means to do any of the following:

5037

(1) Withhold property of another permanently, or for a period	5038
that appropriates a substantial portion of its value or use, or	5039
with purpose to restore it only upon payment of a reward or other	5040
consideration;	5041

(2) Dispose of property so as to make it unlikely that the	5042
owner will recover it;	5043

(3) Accept, use, or appropriate money, property, or services,	5044
with purpose not to give proper consideration in return for the	5045
money, property, or services, and without reasonable justification	5046
or excuse for not giving proper consideration.	5047

(D) "Owner" means, unless the context requires a different	5048
meaning, any person, other than the actor, who is the owner of,	5049
who has possession or control of, or who has any license or	5050
interest in property or services, even though the ownership,	5051
possession, control, license, or interest is unlawful.	5052

(E) "Services" include labor, personal services, professional	5053
services, rental services, public utility services including	5054
wireless service as defined in division (F)(1) of section 4931.40	5055
of the Revised Code, common carrier services, and food, drink,	5056
transportation, entertainment, and cable television services and,	5057
for purposes of section 2913.04 of the Revised Code, include cable	5058
services as defined in that section.	5059

(F) "Writing" means any computer software, document, letter,	5060
memorandum, note, paper, plate, data, film, or other thing having	5061
in or upon it any written, typewritten, or printed matter, and any	5062
token, stamp, seal, credit card, badge, trademark, label, or other	5063
symbol of value, right, privilege, license, or identification.	5064

(G) "Forge" means to fabricate or create, in whole or in part	5065
and by any means, any spurious writing, or to make, execute,	5066
alter, complete, reproduce, or otherwise purport to authenticate	5067
any writing, when the writing in fact is not authenticated by that	5068
conduct.	5069

(H) "Utter" means to issue, publish, transfer, use, put or	5070
send into circulation, deliver, or display.	5071

(I) "Coin machine" means any mechanical or electronic device	5072
designed to do both of the following:	5073

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

5074

(2) In return for the insertion or deposit of a coin, bill,	5075
or token, automatically dispense property, provide a service, or	5076
grant a license.	5077

(J) "Slug" means an object that, by virtue of its size,	5078
shape, composition, or other quality, is capable of being inserted	5079
or deposited in a coin machine as an improper substitute for a	5080
genuine coin, bill, or token made for that purpose.	5081

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

5082

(1) A violation of section 2911.01, 2911.02, 2911.11,	5083
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	5084
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	5085
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	5086
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	5087
2913.51, 2915.05, or 2921.41 of the Revised Code;	5088

(2) A violation of an existing or former municipal ordinance	5089
or law of this or any other state, or of the United States,	5090
substantially equivalent to any section listed in division (K)(1)	5091
of this section or a violation of section 2913.41, 2913.81, or	5092
2915.06 of the Revised Code as it existed prior to July 1, 1996;	5093

(3) An offense under an existing or former municipal	5094
ordinance or law of this or any other state, or of the United	5095
States, involving robbery, burglary, breaking and entering, theft,	5096
embezzlement, wrongful conversion, forgery, counterfeiting,	5097
deceit, or fraud;	5098

(4) A conspiracy or attempt to commit, or complicity in	5099
committing, any offense under division (K)(1), (2), or (3) of this	5100
section.	5101

(L) "Computer services" includes, but is not limited to, the	5102
use of a computer system, computer network, computer program, data	5103
that is prepared for computer use, or data that is contained	5104
within a computer system or computer network.	5105

(M) "Computer" means an electronic device that performs	5106
logical, arithmetic, and memory functions by the manipulation of	5107
electronic or magnetic impulses. "Computer" includes, but is not	5108
limited to, all input, output, processing, storage, computer	5109
program, or communication facilities that are connected, or	5110
related, in a computer system or network to an electronic device	5111
of that nature.	5112

(N) "Computer system" means a computer and related devices,	5113
whether connected or unconnected, including, but not limited to,	5114
data input, output, and storage devices, data communications	5115
links, and computer programs and data that make the system capable	5116
of performing specified special purpose data processing tasks.	5117

(O) "Computer network" means a set of related and remotely	5118
connected computers and communication facilities that includes	5119
more than one computer system that has the capability to transmit	5120
among the connected computers and communication facilities through	5121
the use of computer facilities.	5122

(P) "Computer program" means an ordered set of data	5123
representing coded instructions or statements that, when executed	5124
by a computer, cause the computer to process data.	5125

(Q) "Computer software" means computer programs, procedures,	5126
and other documentation associated with the operation of a	5127
computer system.	5128

(R) "Data" means a representation of information, knowledge,	5129
facts, concepts, or instructions that are being or have been	5130
prepared in a formalized manner and that are intended for use in a	5131
computer, computer system, or computer network. For purposes of	5132
section 2913.47 of the Revised Code, "data" has the additional	5133
meaning set forth in division (A) of that section.	5134

(S) "Cable television service" means any services provided by	5135
or through the facilities of any cable television system or other	5136
similar closed circuit coaxial cable communications system, or any	5137
microwave or similar transmission service used in connection with	5138
any cable television system or other similar closed circuit	5139
coaxial cable communications system.	5140

(T) "Gain access" means to approach, instruct, communicate	5141
with, store data in, retrieve data from, or otherwise make use of	5142
any resources of a computer, computer system, or computer network,	5143
or any cable service or cable system both as defined in section	5144
2913.04 of the Revised Code.	5145

(U) "Credit card" includes, but is not limited to, a card,	5146
code, device, or other means of access to a customer's account for	5147
the purpose of obtaining money, property, labor, or services on	5148
credit, or for initiating an electronic fund transfer at a	5149
point-of-sale terminal, an automated teller machine, or a cash	5150
dispensing machine. It also includes a county procurement card	5151
issued under section 301.29 of the Revised Code.	5152

(V) "Electronic fund transfer" has the same meaning as in 92	5153
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	5154

(W) "Rented property" means personal property in which the	5155
right of possession and use of the property is for a short and	5156
possibly indeterminate term in return for consideration; the	5157
rentee generally controls the duration of possession of the	5158
property, within any applicable minimum or maximum term; and the	5159
amount of consideration generally is determined by the duration of	5160
possession of the property.	5161

(X) "Telecommunication" means the origination, emission,	5162
dissemination, transmission, or reception of data, images,	5163
signals, sounds, or other intelligence or equivalence of	5164
intelligence of any nature over any communications system by any	5165
method, including, but not limited to, a fiber optic, electronic,	5166
magnetic, optical, digital, or analog method.	5167

(Y) "Telecommunications device" means any instrument,	5168
equipment, machine, or other device that facilitates	5169
telecommunication, including, but not limited to, a computer,	5170
computer network, computer chip, computer circuit, scanner,	5171
telephone, cellular telephone, pager, personal communications	5172
device, transponder, receiver, radio, modem, or device that	5173
enables the use of a modem.	5174

(Z) "Telecommunications service" means the providing,	5175
allowing, facilitating, or generating of any form of	5176
telecommunication through the use of a telecommunications device	5177
over a telecommunications system.	5178

(AA) "Counterfeit telecommunications device" means a	5179
telecommunications device that, alone or with another	5180
telecommunications device, has been altered, constructed,	5181
manufactured, or programmed to acquire, intercept, receive, or	5182
otherwise facilitate the use of a telecommunications service or	5183
information service without the authority or consent of the	5184
provider of the telecommunications service or information service.	5185
"Counterfeit telecommunications device" includes, but is not	5186
limited to, a clone telephone, clone microchip, tumbler telephone,	5187
or tumbler microchip; a wireless scanning device capable of	5188
acquiring, intercepting, receiving, or otherwise facilitating the	5189
use of telecommunications service or information service without	5190
immediate detection; or a device, equipment, hardware, or software	5191
designed for, or capable of, altering or changing the electronic	5192
serial number in a wireless telephone.	5193

(BB)(1) "Information service" means, subject to division	5194
(BB)(2) of this section, the offering of a capability for	5195
generating, acquiring, storing, transforming, processing,	5196
retrieving, utilizing, or making available information via	5197
telecommunications, including, but not limited to, electronic	5198
publishing.	5199

(2) "Information service" does not include any use of a	5200
capability of a type described in division (BB)(1) of this section	5201
for the management, control, or operation of a telecommunications	5202
system or the management of a telecommunications service.	5203

(CC) "Elderly person" means a person who is sixty-five years	5204
of age or older.	5205

(DD) "Disabled adult" means a person who is eighteen years of	5206
age or older and has some impairment of body or mind that makes	5207
the person unable to work at any substantially remunerative	5208
employment that the person otherwise would be able to perform and	5209
that will, with reasonable probability, continue for a period of	5210
at least twelve months without any present indication of recovery	5211
from the impairment, or who is eighteen years of age or older and	5212
has been certified as permanently and totally disabled by an	5213
agency of this state or the United States that has the function of	5214
so classifying persons.	5215

(EE) "Firearm" and "dangerous ordnance" have the same	5216
meanings as in section 2923.11 of the Revised Code.	5217

(FF) "Motor vehicle" has the same meaning as in section	5218
4501.01 of the Revised Code.	5219

(GG) "Dangerous drug" has the same meaning as in section	5220
4729.01 of the Revised Code.	5221

(HH) "Drug abuse offense" has the same meaning as in section	5222
2925.01 of the Revised Code.	5223

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

5224

(a) Gaining access or attempting to gain access to all or	5225
part of a computer, computer system, or a computer network without	5226
express or implied authorization with the intent to defraud or	5227
with intent to commit a crime;	5228

(b) Misusing computer or network services including, but not	5229
limited to, mail transfer programs, file transfer programs, proxy	5230
servers, and web servers by performing functions not authorized by	5231
the owner of the computer, computer system, or computer network or	5232
other person authorized to give consent. As used in this division,	5233
"misuse of computer and network services" includes, but is not	5234
limited to, the unauthorized use of any of the following:	5235

(i) Mail transfer programs to send mail to persons other than	5236
the authorized users of that computer or computer network;	5237

(ii) File transfer program proxy services or proxy servers to	5238
access other computers, computer systems, or computer networks;	5239

(iii) Web servers to redirect users to other web pages or web	5240
servers.	5241

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	5242
using a group of computer programs commonly known as "port	5243
scanners" or "probes" to intentionally access any computer,	5244
computer system, or computer network without the permission of the	5245
owner of the computer, computer system, or computer network or	5246
other person authorized to give consent. The group of computer	5247
programs referred to in this division includes, but is not limited	5248
to, those computer programs that use a computer network to access	5249
a computer, computer system, or another computer network to	5250
determine any of the following: the presence or types of computers	5251
or computer systems on a network; the computer network's	5252
facilities and capabilities; the availability of computer or	5253
network services; the presence or versions of computer software	5254
including, but not limited to, operating systems, computer	5255
services, or computer contaminants; the presence of a known	5256
computer software deficiency that can be used to gain unauthorized	5257
access to a computer, computer system, or computer network; or any	5258
other information about a computer, computer system, or computer	5259
network not necessary for the normal and lawful operation of the	5260
computer initiating the access.	5261

(ii) The group of computer programs referred to in division	5262
(II)(1)(c)(i) of this section does not include standard computer	5263
software used for the normal operation, administration,	5264
management, and test of a computer, computer system, or computer	5265
network including, but not limited to, domain name services, mail	5266
transfer services, and other operating system services, computer	5267
programs commonly called "ping," "tcpdump," and "traceroute" and	5268
other network monitoring and management computer software, and	5269
computer programs commonly known as "nslookup" and "whois" and	5270
other systems administration computer software.	5271

(d) The intentional use of a computer, computer system, or a	5272
computer network in a manner that exceeds any right or permission	5273
granted by the owner of the computer, computer system, or computer	5274
network or other person authorized to give consent.	5275

(2) "Computer hacking" does not include the introduction of a	5276
computer contaminant, as defined in section 2909.022909.01 of the	5277
Revised Code, into a computer, computer system, computer program,	5278
or computer network.	5279

(JJ) "Police dog or horse" has the same meaning as in section	5280
2921.321 of the Revised Code.	5281

(KK) "Anhydrous ammonia" is a compound formed by the	5282
combination of two gaseous elements, nitrogen and hydrogen, in the	5283
manner described in this division. Anhydrous ammonia is one part	5284
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	5285
weight is fourteen parts nitrogen to three parts hydrogen, which	5286
is approximately eighty-two per cent nitrogen to eighteen per cent	5287
hydrogen.	5288

(LL) "Assistance dog" has the same meaning as in section	5289
955.011 of the Revised Code.	5290

(MM) "Federally licensed firearms dealer" has the same	5291
meaning as in section 5502.63 of the Revised Code.	5292

Sec. 2913.02.  (A) No person, with purpose to deprive the	5293
owner of property or services, shall knowingly obtain or exert	5294
control over either the property or services in any of the	5295
following ways:	5296

(1) Without the consent of the owner or person authorized to	5297
give consent;	5298

(2) Beyond the scope of the express or implied consent of the	5299
owner or person authorized to give consent;	5300

(3) By deception;

5301

(4) By threat;

5302

(5) By intimidation.

5303

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

5304

(2) Except as otherwise provided in this division or division	5305
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	5306
this section is petty theft, a misdemeanor of the first degree. If	5307
the value of the property or services stolen is five hundredone	5308
thousand dollars or more and is less than fiveseven thousand five	5309
hundred dollars or if the property stolen is any of the property	5310
listed in section 2913.71 of the Revised Code, a violation of this	5311
section is theft, a felony of the fifth degree. If the value of	5312
the property or services stolen is fiveseven thousand five	5313
hundred dollars or more and is less than one hundred fifty	5314
thousand dollars, a violation of this section is grand theft, a	5315
felony of the fourth degree. If the value of the property or	5316
services stolen is one hundred fifty thousand dollars or more and	5317
is less than fiveseven hundred fifty thousand dollars, a	5318
violation of this section is aggravated theft, a felony of the	5319
third degree. If the value of the property or services is five	5320
seven hundred fifty thousand dollars or more and is less than one	5321
million five hundred thousand dollars, a violation of this section	5322
is aggravated theft, a felony of the second degree. If the value	5323
of the property or services stolen is one million five hundred	5324
thousand dollars or more, a violation of this section is	5325
aggravated theft of one million five hundred thousand dollars or	5326
more, a felony of the first degree.	5327

(3) Except as otherwise provided in division (B)(4), (5),	5328
(6), (7), or (8) of this section, if the victim of the offense is	5329
an elderly person or disabled adult, a violation of this section	5330
is theft from an elderly person or disabled adult, and division	5331
(B)(3) of this section applies. Except as otherwise provided in	5332
this division, theft from an elderly person or disabled adult is a	5333
felony of the fifth degree. If the value of the property or	5334
services stolen is five hundredone thousand dollars or more and	5335
is less than fiveseven thousand five hundred dollars, theft from	5336
an elderly person or disabled adult is a felony of the fourth	5337
degree. If the value of the property or services stolen is five	5338
seven thousand five hundred dollars or more and is less than	5339
twenty-fivethirty-seven thousand five hundred dollars, theft from	5340
an elderly person or disabled adult is a felony of the third	5341
degree. If the value of the property or services stolen is	5342
twenty-fivethirty-seven thousand five hundred dollars or more and	5343
is less than one hundred fifty thousand dollars, theft from an	5344
elderly person or disabled adult is a felony of the second degree.	5345
If the value of the property or services stolen is one hundred	5346
fifty thousand dollars or more, theft from an elderly person or	5347
disabled adult is a felony of the first degree.	5348

(4) If the property stolen is a firearm or dangerous	5349
ordnance, a violation of this section is grand theft. Except as	5350
otherwise provided in this division, grand theft when the property	5351
stolen is a firearm or dangerous ordnance is a felony of the third	5352
degree, and there is a presumption in favor of the court imposing	5353
a prison term for the offense. If the firearm or dangerous	5354
ordnance was stolen from a federally licensed firearms dealer,	5355
grand theft when the property stolen is a firearm or dangerous	5356
ordnance is a felony of the first degree. The offender shall serve	5357
a prison term imposed for grand theft when the property stolen is	5358
a firearm or dangerous ordnance consecutively to any other prison	5359
term or mandatory prison term previously or subsequently imposed	5360
upon the offender.	5361

(5) If the property stolen is a motor vehicle, a violation of	5362
this section is grand theft of a motor vehicle, a felony of the	5363
fourth degree.	5364

(6) If the property stolen is any dangerous drug, a violation	5365
of this section is theft of drugs, a felony of the fourth degree,	5366
or, if the offender previously has been convicted of a felony drug	5367
abuse offense, a felony of the third degree.	5368

(7) If the property stolen is a police dog or horse or an	5369
assistance dog and the offender knows or should know that the	5370
property stolen is a police dog or horse or an assistance dog, a	5371
violation of this section is theft of a police dog or horse or an	5372
assistance dog, a felony of the third degree.	5373

(8) If the property stolen is anhydrous ammonia, a violation	5374
of this section is theft of anhydrous ammonia, a felony of the	5375
third degree.	5376

(9) In addition to the penalties described in division (B)(2)	5377
of this section, if the offender committed the violation by	5378
causing a motor vehicle to leave the premises of an establishment	5379
at which gasoline is offered for retail sale without the offender	5380
making full payment for gasoline that was dispensed into the fuel	5381
tank of the motor vehicle or into another container, the court may	5382
do one of the following:	5383

(a) Unless division (B)(9)(b) of this section applies,	5384
suspend for not more than six months the offender's driver's	5385
license, probationary driver's license, commercial driver's	5386
license, temporary instruction permit, or nonresident operating	5387
privilege;	5388

(b) If the offender's driver's license, probationary driver's	5389
license, commercial driver's license, temporary instruction	5390
permit, or nonresident operating privilege has previously been	5391
suspended pursuant to division (B)(9)(a) of this section, impose a	5392
class seven suspension of the offender's license, permit, or	5393
privilege from the range specified in division (A)(7) of section	5394
4510.02 of the Revised Code, provided that the suspension shall be	5395
for at least six months.	5396

(10) In addition to the penalties described in division	5397
(B)(2) of this section, if the offender committed the violation by	5398
stealing rented property or rental services, the court may order	5399
that the offender make restitution pursuant to section 2929.18 or	5400
2929.28 of the Revised Code. Restitution may include, but is not	5401
limited to, the cost of repairing or replacing the stolen	5402
property, or the cost of repairing the stolen property and any	5403
loss of revenue resulting from deprivation of the property due to	5404
theft of rental services that is less than or equal to the actual	5405
value of the property at the time it was rented. Evidence of	5406
intent to commit theft of rented property or rental services shall	5407
be determined pursuant to the provisions of section 2913.72 of the	5408
Revised Code.	5409

(C) The sentencing court that suspends an offender's license,	5410
permit, or nonresident operating privilege under division (B)(9)	5411
of this section may grant the offender limited driving privileges	5412
during the period of the suspension in accordance with Chapter	5413
4510. of the Revised Code.	5414

Sec. 2913.03.  (A) No person shall knowingly use or operate	5415
an aircraft, motor vehicle, motorcycle, motorboat, or other	5416
motor-propelled vehicle without the consent of the owner or person	5417
authorized to give consent.	5418

(B) No person shall knowingly use or operate an aircraft,	5419
motor vehicle, motorboat, or other motor-propelled vehicle without	5420
the consent of the owner or person authorized to give consent, and	5421
either remove it from this state or keep possession of it for more	5422
than forty-eight hours.	5423

(C) The following are affirmative defenses to a charge under	5424
this section:	5425

(1) At the time of the alleged offense, the actor, though	5426
mistaken, reasonably believed that the actor was authorized to use	5427
or operate the property.	5428

(2) At the time of the alleged offense, the actor reasonably	5429
believed that the owner or person empowered to give consent would	5430
authorize the actor to use or operate the property.	5431

(D)(1) Whoever violates this section is guilty of	5432
unauthorized use of a vehicle.	5433

(2) Except as otherwise provided in division (D)(4) of this	5434
section, a violation of division (A) of this section is a	5435
misdemeanor of the first degree.	5436

(3) Except as otherwise provided in division (D)(4) of this	5437
section, a violation of division (B) of this section is a felony	5438
of the fifth degree.	5439

(4) If the victim of the offense is an elderly person or	5440
disabled adult and if the victim incurs a loss as a result of the	5441
violation, a violation of division (A) or (B) of this section is	5442
whichever of the following is applicable:	5443

(a) Except as otherwise provided in division (D)(4)(b), (c),	5444
or (d), or (e) of this section, a felony of the fifth degree;	5445

(b) If the loss to the victim is five hundredone thousand	5446
dollars or more and is less than fiveseven thousand five hundred	5447
dollars, a felony of the fourth degree;	5448

(c) If the loss to the victim is fiveseven thousand five	5449
hundred dollars or more and is less than twenty-fivethirty-seven	5450
thousand five hundred dollars, a felony of the third degree;	5451

(d) If the loss to the victim is twenty-fivethirty-seven	5452
thousand five hundred dollars or more, a felony of the second	5453
degree.	5454

Sec. 2913.04.  (A) No person shall knowingly use or operate	5455
the property of another without the consent of the owner or person	5456
authorized to give consent.	5457

(B) No person, in any manner and by any means, including, but	5458
not limited to, computer hacking, shall knowingly gain access to,	5459
attempt to gain access to, or cause access to be gained to any	5460
computer, computer system, computer network, cable service, cable	5461
system, telecommunications device, telecommunications service, or	5462
information service without the consent of, or beyond the scope of	5463
the express or implied consent of, the owner of the computer,	5464
computer system, computer network, cable service, cable system,	5465
telecommunications device, telecommunications service, or	5466
information service or other person authorized to give consent.	5467

(C) No person shall knowingly gain access to, attempt to gain	5468
access to, cause access to be granted to, or disseminate	5469
information gained from access to the law enforcement automated	5470
database system created pursuant to section 5503.10 of the Revised	5471
Code without the consent of, or beyond the scope of the express or	5472
implied consent of, the chair of the law enforcement automated	5473
data system steering committee.	5474

(D) No person shall knowingly gain access to, attempt to gain	5475
access to, cause access to be granted to, or disseminate	5476
information gained from access to the Ohio law enforcement gateway	5477
established and operated pursuant to division (C)(1) of section	5478
109.57 of the Revised Code without the consent of, or beyond the	5479
scope of the express or implied consent of, the superintendent of	5480
the bureau of criminal identification and investigation.	5481

(E) The affirmative defenses contained in division (C) of	5482
section 2913.03 of the Revised Code are affirmative defenses to a	5483
charge under this section.	5484

(F)(1) Whoever violates division (A) of this section is	5485
guilty of unauthorized use of property.	5486

(2) Except as otherwise provided in division (F)(3) or (4) of	5487
this section, unauthorized use of property is a misdemeanor of the	5488
fourth degree.	5489

(3) Except as otherwise provided in division (F)(4) of this	5490
section, if unauthorized use of property is committed for the	5491
purpose of devising or executing a scheme to defraud or to obtain	5492
property or services, unauthorized use of property is whichever of	5493
the following is applicable:	5494

(a) Except as otherwise provided in division (F)(3)(b), (c),	5495
or (d) of this section, a misdemeanor of the first degree.	5496

(b) If the value of the property or services or the loss to	5497
the victim is five hundredone thousand dollars or more and is	5498
less than fiveseven thousand five hundred dollars, a felony of	5499
the fifth degree.	5500

(c) If the value of the property or services or the loss to	5501
the victim is fiveseven thousand five hundred dollars or more and	5502
is less than one hundred fifty thousand dollars, a felony of the	5503
fourth degree.	5504

(d) If the value of the property or services or the loss to	5505
the victim is one hundred fifty thousand dollars or more, a felony	5506
of the third degree.	5507

(4) If the victim of the offense is an elderly person or	5508
disabled adult, unauthorized use of property is whichever of the	5509
following is applicable:	5510

(a) Except as otherwise provided in division (F)(4)(b), (c),	5511
or (d) of this section, a felony of the fifth degree;	5512

(b) If the value of the property or services or loss to the	5513
victim is five hundredone thousand dollars or more and is less	5514
than fiveseven thousand five hundred dollars, a felony of the	5515
fourth degree;	5516

(c) If the value of the property or services or loss to the	5517
victim is fiveseven thousand five hundred dollars or more and is	5518
less than twenty-fivethirty-seven thousand five hundred dollars,	5519
a felony of the third degree;	5520

(d) If the value of the property or services or loss to the	5521
victim is twenty-fivethirty-seven thousand five hundred dollars	5522
or more, a felony of the second degree.	5523

(G)(1) Whoever violates division (B) of this section is	5524
guilty of unauthorized use of computer, cable, or	5525
telecommunication property, and shall be punished as provided in	5526
division (G)(2), (3), or (4) of this section.	5527

(2) Except as otherwise provided in division (G)(3) or (4) of	5528
this section, unauthorized use of computer, cable, or	5529
telecommunication property is a felony of the fifth degree.	5530

(3) Except as otherwise provided in division (G)(4) of this	5531
section, if unauthorized use of computer, cable, or	5532
telecommunication property is committed for the purpose of	5533
devising or executing a scheme to defraud or to obtain property or	5534
services, for obtaining money, property, or services by false or	5535
fraudulent pretenses, or for committing any other criminal	5536
offense, unauthorized use of computer, cable, or telecommunication	5537
property is whichever of the following is applicable:	5538

(a) Except as otherwise provided in division (G)(3)(b) of	5539
this section, if the value of the property or services involved or	5540
the loss to the victim is fiveseven thousand five hundred dollars	5541
or more and less than one hundred fifty thousand dollars, a felony	5542
of the fourth degree;	5543

(b) If the value of the property or services involved or the	5544
loss to the victim is one hundred fifty thousand dollars or more,	5545
a felony of the third degree.	5546

(4) If the victim of the offense is an elderly person or	5547
disabled adult, unauthorized use of computer, cable, or	5548
telecommunication property is whichever of the following is	5549
applicable:	5550

(a) Except as otherwise provided in division (G)(4)(b), (c),	5551
or (d) of this section, a felony of the fifth degree;	5552

(b) If the value of the property or services or loss to the	5553
victim is five hundredone thousand dollars or more and is less	5554
than fiveseven thousand five hundred dollars, a felony of the	5555
fourth degree;	5556

(c) If the value of the property or services or loss to the	5557
victim is fiveseven thousand five hundred dollars or more and is	5558
less than twenty-fivethirty-seven thousand five hundred dollars,	5559
a felony of the third degree;	5560

(d) If the value of the property or services or loss to the	5561
victim is twenty-fivethirty-seven thousand five hundred dollars	5562
or more, a felony of the second degree.	5563

(H) Whoever violates division (C) of this section is guilty	5564
of unauthorized use of the law enforcement automated database	5565
system, a felony of the fifth degree.	5566

(I) Whoever violates division (D) of this section is guilty	5567
of unauthorized use of the Ohio law enforcement gateway, a felony	5568
of the fifth degree.	5569

(J) As used in this section:

5570

(1) "Cable operator" means any person or group of persons	5571
that does either of the following:	5572

(a) Provides cable service over a cable system and directly	5573
or through one or more affiliates owns a significant interest in	5574
that cable system;	5575

(b) Otherwise controls or is responsible for, through any	5576
arrangement, the management and operation of a cable system.	5577

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

5578

(a) The one-way transmission to subscribers of video	5579
programming or of information that a cable operator makes	5580
available to all subscribers generally;	5581

(b) Subscriber interaction, if any, that is required for the	5582
selection or use of video programming or of information that a	5583
cable operator makes available to all subscribers generally, both	5584
as described in division (J)(2)(a) of this section;	5585

(c) Any cable television service.

5586

(3) "Cable system" means any facility, consisting of a set of	5587
closed transmission paths and associated signal generation,	5588
reception, and control equipment that is designed to provide cable	5589
service that includes video programming and that is provided to	5590
multiple subscribers within a community. "Cable system" does not	5591
include any of the following:	5592

(a) Any facility that serves only to retransmit the	5593
television signals of one or more television broadcast stations;	5594

(b) Any facility that serves subscribers without using any	5595
public right-of-way;	5596

(c) Any facility of a common carrier that, under 47 U.S.C.A.	5597
522(7)(c), is excluded from the term "cable system" as defined in	5598
47 U.S.C.A. 522(7);	5599

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

5600

(e) Any facility of any electric utility used solely for	5601
operating its electric utility system.	5602

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

5603

(1) "Check" includes any form of debit from a demand deposit	5604
account, including, but not limited to any of the following:	5605

(a) A check, bill of exchange, draft, order of withdrawal, or	5606
similar negotiable or non-negotiable instrument;	5607

(b) An electronic check, electronic transaction, debit card	5608
transaction, check card transaction, substitute check, web check,	5609
or any form of automated clearing house transaction.	5610

(2) "Issue a check" means causing any form of debit from a	5611
demand deposit account.	5612

(B) No person, with purpose to defraud, shall issue or	5613
transfer or cause to be issued or transferred a check or other	5614
negotiable instrument, knowing that it will be dishonored or	5615
knowing that a person has ordered or will order stop payment on	5616
the check or other negotiable instrument.	5617

(C) For purposes of this section, a person who issues or	5618
transfers a check or other negotiable instrument is presumed to	5619
know that it will be dishonored if either of the following occurs:	5620

(1) The drawer had no account with the drawee at the time of	5621
issue or the stated date, whichever is later;	5622

(2) The check or other negotiable instrument was properly	5623
refused payment for insufficient funds upon presentment within	5624
thirty days after issue or the stated date, whichever is later,	5625
and the liability of the drawer, indorser, or any party who may be	5626
liable thereon is not discharged by payment or satisfaction within	5627
ten days after receiving notice of dishonor.	5628

(D) For purposes of this section, a person who issues or	5629
transfers a check, bill of exchange, or other draft is presumed to	5630
have the purpose to defraud if the drawer fails to comply with	5631
section 1349.16 of the Revised Code by doing any of the following	5632
when opening a checking account intended for personal, family, or	5633
household purposes at a financial institution:	5634

(1) Falsely stating that the drawer has not been issued a	5635
valid driver's or commercial driver's license or identification	5636
card issued under section 4507.50 of the Revised Code;	5637

(2) Furnishing such license or card, or another	5638
identification document that contains false information;	5639

(3) Making a false statement with respect to the drawer's	5640
current address or any additional relevant information reasonably	5641
required by the financial institution.	5642

(E) In determining the value of the payment for purposes of	5643
division (F) of this section, the court may aggregate all checks	5644
and other negotiable instruments that the offender issued or	5645
transferred or caused to be issued or transferred in violation of	5646
division (A) of this section within a period of one hundred eighty	5647
consecutive days.	5648

(F) Whoever violates this section is guilty of passing bad	5649
checks. Except as otherwise provided in this division, passing bad	5650
checks is a misdemeanor of the first degree. If the check or	5651
checks or other negotiable instrument or instruments are issued or	5652
transferred to a single vendor or single other person for the	5653
payment of five hundredone thousand dollars or more but less than	5654
fiveseven thousand five hundred dollars or if the check or checks	5655
or other negotiable instrument or instruments are issued or	5656
transferred to multiple vendors or persons for the payment of one	5657
thousand five hundred dollars or more but less than fiveseven	5658
thousand five hundred dollars, passing bad checks is a felony of	5659
the fifth degree. If the check or checks or other negotiable	5660
instrument or instruments are for the payment of fiveseven	5661
thousand five hundred dollars or more but less than one hundred	5662
fifty thousand dollars, passing bad checks is a felony of the	5663
fourth degree. If the check or checks or other negotiable	5664
instrument or instruments are for the payment of one hundred	5665
fifty thousand dollars or more, passing bad checks is a felony of	5666
the third degree.	5667

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

5668

(1) Practice deception for the purpose of procuring the	5669
issuance of a credit card, when a credit card is issued in actual	5670
reliance thereon;	5671

(2) Knowingly buy or sell a credit card from or to a person	5672
other than the issuer.	5673

(B) No person, with purpose to defraud, shall do any of the	5674
following:	5675

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

5676

(2) Obtain property or services by the use of a credit card,	5677
in one or more transactions, knowing or having reasonable cause to	5678
believe that the card has expired or been revoked, or was	5679
obtained, is retained, or is being used in violation of law;	5680

(3) Furnish property or services upon presentation of a	5681
credit card, knowing that the card is being used in violation of	5682
law;	5683

(4) Represent or cause to be represented to the issuer of a	5684
credit card that property or services have been furnished, knowing	5685
that the representation is false.	5686

(C) No person, with purpose to violate this section, shall	5687
receive, possess, control, or dispose of a credit card.	5688

(D)(1) Whoever violates this section is guilty of misuse of	5689
credit cards.	5690

(2) Except as otherwise provided in division (D)(4) of this	5691
section, a violation of division (A), (B)(1), or (C) of this	5692
section is a misdemeanor of the first degree.	5693

(3) Except as otherwise provided in this division or division	5694
(D)(4) of this section, a violation of division (B)(2), (3), or	5695
(4) of this section is a misdemeanor of the first degree. If the	5696
cumulative retail value of the property and services involved in	5697
one or more violations of division (B)(2), (3), or (4) of this	5698
section, which violations involve one or more credit card accounts	5699
and occur within a period of ninety consecutive days commencing on	5700
the date of the first violation, is five hundredone thousand	5701
dollars or more and is less than fiveseven thousand five hundred	5702
dollars, misuse of credit cards in violation of any of those	5703
divisions is a felony of the fifth degree. If the cumulative	5704
retail value of the property and services involved in one or more	5705
violations of division (B)(2), (3), or (4) of this section, which	5706
violations involve one or more credit card accounts and occur	5707
within a period of ninety consecutive days commencing on the date	5708
of the first violation, is fiveseven thousand five hundred	5709
dollars or more and is less than one hundred fifty thousand	5710
dollars, misuse of credit cards in violation of any of those	5711
divisions is a felony of the fourth degree. If the cumulative	5712
retail value of the property and services involved in one or more	5713
violations of division (B)(2), (3), or (4) of this section, which	5714
violations involve one or more credit card accounts and occur	5715
within a period of ninety consecutive days commencing on the date	5716
of the first violation, is one hundred fifty thousand dollars or	5717
more, misuse of credit cards in violation of any of those	5718
divisions is a felony of the third degree.	5719

(4) If the victim of the offense is an elderly person or	5720
disabled adult, and if the offense involves a violation of	5721
division (B)(1) or (2) of this section, division (D)(4) of this	5722
section applies. Except as otherwise provided in division (D)(4)	5723
of this section, a violation of division (B)(1) or (2) of this	5724
section is a felony of the fifth degree. If the debt for which the	5725
card is held as security or the cumulative retail value of the	5726
property or services involved in the violation is five hundred	5727
one thousand dollars or more and is less than fiveseven thousand	5728
five hundred dollars, a violation of either of those divisions is	5729
a felony of the fourth degree. If the debt for which the card is	5730
held as security or the cumulative retail value of the property or	5731
services involved in the violation is fiveseven thousand five	5732
hundred dollars or more and is less than twenty-fivethirty-seven	5733
thousand five hundred dollars, a violation of either of those	5734
divisions is a felony of the third degree. If the debt for which	5735
the card is held as security or the cumulative retail value of the	5736
property or services involved in the violation is twenty-five	5737
thirty-seven thousand five hundred dollars or more, a violation of	5738
either of those divisions is a felony of the second degree.	5739

Sec. 2913.31.  (A) No person, with purpose to defraud, or	5740
knowing that the person is facilitating a fraud, shall do any of	5741
the following:	5742

(1) Forge any writing of another without the other person's	5743
authority;	5744

(2) Forge any writing so that it purports to be genuine when	5745
it actually is spurious, or to be the act of another who did not	5746
authorize that act, or to have been executed at a time or place or	5747
with terms different from what in fact was the case, or to be a	5748
copy of an original when no such original existed;	5749

(3) Utter, or possess with purpose to utter, any writing that	5750
the person knows to have been forged.	5751

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

5752

(1) Forge an identification card;

5753

(2) Sell or otherwise distribute a card that purports to be	5754
an identification card, knowing it to have been forged.	5755

As used in this division, "identification card" means a card	5756
that includes personal information or characteristics of an	5757
individual, a purpose of which is to establish the identity of the	5758
bearer described on the card, whether the words "identity,"	5759
"identification," "identification card," or other similar words	5760
appear on the card.	5761

(C)(1)(a) Whoever violates division (A) of this section is	5762
guilty of forgery.	5763

(b) Except as otherwise provided in this division or division	5764
(C)(1)(c) of this section, forgery is a felony of the fifth	5765
degree. If property or services are involved in the offense or the	5766
victim suffers a loss, forgery is one of the following:	5767

(i) If the value of the property or services or the loss to	5768
the victim is fiveseven thousand five hundred dollars or more and	5769
is less than one hundred fifty thousand dollars, a felony of the	5770
fourth degree;	5771

(ii) If the value of the property or services or the loss to	5772
the victim is one hundred fifty thousand dollars or more, a felony	5773
of the third degree.	5774

(c) If the victim of the offense is an elderly person or	5775
disabled adult, division (C)(1)(c) of this section applies to the	5776
forgery. Except as otherwise provided in division (C)(1)(c) of	5777
this section, forgery is a felony of the fifth degree. If property	5778
or services are involved in the offense or if the victim suffers a	5779
loss, forgery is one of the following:	5780

(i) If the value of the property or services or the loss to	5781
the victim is five hundredone thousand dollars or more and is	5782
less than fiveseven thousand five hundred dollars, a felony of	5783
the fourth degree;	5784

(ii) If the value of the property or services or the loss to	5785
the victim is fiveseven thousand five hundred dollars or more and	5786
is less than twenty-fivethirty-seven thousand five hundred	5787
dollars, a felony of the third degree;	5788

(iii) If the value of the property or services or the loss to	5789
the victim is twenty-fivethirty-seven thousand five hundred	5790
dollars or more, a felony of the second degree.	5791

(2) Whoever violates division (B) of this section is guilty	5792
of forging identification cards or selling or distributing forged	5793
identification cards. Except as otherwise provided in this	5794
division, forging identification cards or selling or distributing	5795
forged identification cards is a misdemeanor of the first degree.	5796
If the offender previously has been convicted of a violation of	5797
division (B) of this section, forging identification cards or	5798
selling or distributing forged identification cards is a	5799
misdemeanor of the first degree and, in addition, the court shall	5800
impose upon the offender a fine of not less than two hundred fifty	5801
dollars.	5802

Sec. 2913.32.  (A) No person, with purpose to defraud, or	5803
knowing that the person is facilitating a fraud, shall do any of	5804
the following:	5805

(1) Make or alter any object so that it appears to have value	5806
because of antiquity, rarity, curiosity, source, or authorship,	5807
which it does not in fact possess;	5808

(2) Practice deception in making, retouching, editing, or	5809
reproducing any photograph, movie film, video tape, phonograph	5810
record, or recording tape;	5811

(3) Falsely or fraudulently make, simulate, forge, alter, or	5812
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	5813
the liquor control commission under Chapters 4301. and 4303. of	5814
the Revised Code, falsely or fraudulently cause to be made,	5815
simulated, forged, altered, or counterfeited any wrapper, label,	5816
stamp, cork, or cap prescribed by the liquor control commission	5817
under Chapters 4301. and 4303. of the Revised Code, or use more	5818
than once any wrapper, label, stamp, cork, or cap prescribed by	5819
the liquor control commission under Chapters 4301. and 4303. of	5820
the Revised Code.	5821

(4) Utter, or possess with purpose to utter, any object that	5822
the person knows to have been simulated as provided in division	5823
(A)(1), (2), or (3) of this section.	5824

(B) Whoever violates this section is guilty of criminal	5825
simulation. Except as otherwise provided in this division,	5826
criminal simulation is a misdemeanor of the first degree. If the	5827
loss to the victim is five hundredone thousand dollars or more	5828
and is less than fiveseven thousand five hundred dollars,	5829
criminal simulation is a felony of the fifth degree. If the loss	5830
to the victim is fiveseven thousand five hundred dollars or more	5831
and is less than one hundred fifty thousand dollars, criminal	5832
simulation is a felony of the fourth degree. If the loss to the	5833
victim is one hundred fifty thousand dollars or more, criminal	5834
simulation is a felony of the third degree.	5835

Sec. 2913.34.  (A) No person shall knowingly do any of the	5836
following:	5837

(1) Attach, affix, or otherwise use a counterfeit mark in	5838
connection with the manufacture of goods or services, whether or	5839
not the goods or services are intended for sale or resale;	5840

(2) Possess, sell, or offer for sale tools, machines,	5841
instruments, materials, articles, or other items of personal	5842
property with the knowledge that they are designed for the	5843
production or reproduction of counterfeit marks;	5844

(3) Purchase or otherwise acquire goods, and keep or	5845
otherwise have the goods in the person's possession, with the	5846
knowledge that a counterfeit mark is attached to, affixed to, or	5847
otherwise used in connection with the goods and with the intent to	5848
sell or otherwise dispose of the goods;	5849

(4) Sell, offer for sale, or otherwise dispose of goods with	5850
the knowledge that a counterfeit mark is attached to, affixed to,	5851
or otherwise used in connection with the goods;	5852

(5) Sell, offer for sale, or otherwise provide services with	5853
the knowledge that a counterfeit mark is used in connection with	5854
that sale, offer for sale, or other provision of the services.	5855

(B)(1) Whoever violates this section is guilty of trademark	5856
counterfeiting.	5857

(2) Except as otherwise provided in this division, a	5858
violation of division (A)(1) of this section is a felony of the	5859
fifth degree. Except as otherwise provided in this division, if	5860
the cumulative sales price of the goods or services to which or in	5861
connection with which the counterfeit mark is attached, affixed,	5862
or otherwise used in the offense is five thousand dollars or more	5863
but less than one hundred thousand dollars or if the number of	5864
units of goods to which or in connection with which the	5865
counterfeit mark is attached, affixed, or otherwise used in the	5866
offense is more than one hundred units but less than one thousand	5867
units, a violation of division (A)(1) of this section is a felony	5868
of the fourth degree. If the cumulative sales price of the goods	5869
or services to which or in connection with which the counterfeit	5870
mark is attached, affixed, or otherwise used in the offense is one	5871
hundred thousand dollars or more or if the number of units of	5872
goods to which or in connection with which the counterfeit mark is	5873
attached, affixed, or otherwise used in the offense is one	5874
thousand units or more, a violation of division (A)(1) of this	5875
section is a felony of the third degree.	5876

(3) Except as otherwise provided in this division, a	5877
violation of division (A)(2) of this section is a misdemeanor of	5878
the first degree. If the circumstances of the violation indicate	5879
that the tools, machines, instruments, materials, articles, or	5880
other items of personal property involved in the violation were	5881
intended for use in the commission of a felony, a violation of	5882
division (A)(2) of this section is a felony of the fifth degree.	5883

(4) Except as otherwise provided in this division, a	5884
violation of division (A)(3), (4), or (5) of this section is a	5885
misdemeanor of the first degree. Except as otherwise provided in	5886
this division, if the cumulative sales price of the goods or	5887
services to which or in connection with which the counterfeit mark	5888
is attached, affixed, or otherwise used in the offense is five	5889
hundredone thousand dollars or more but less than fiveseven	5890
thousand five hundred dollars, a violation of division (A)(3),	5891
(4), or (5) of this section is a felony of the fifth degree.	5892
Except as otherwise provided in this division, if the cumulative	5893
sales price of the goods or services to which or in connection	5894
with which the counterfeit mark is attached, affixed, or otherwise	5895
used in the offense is fiveseven thousand five hundred dollars	5896
or more but less than one hundred fifty thousand dollars or if the	5897
number of units of goods to which or in connection with which the	5898
counterfeit mark is attached, affixed, or otherwise used in the	5899
offense is more than one hundred units but less than one thousand	5900
units, a violation of division (A)(3), (4), or (5) of this section	5901
is a felony of the fourth degree. If the cumulative sales price of	5902
the goods or services to which or in connection with which the	5903
counterfeit mark is attached, affixed, or otherwise used in the	5904
offense is one hundred fifty thousand dollars or more or if the	5905
number of units of goods to which or in connection with which the	5906
counterfeit mark is attached, affixed, or otherwise used in the	5907
offense is one thousand units or more, a violation of division	5908
(A)(3), (4), or (5) of this section is a felony of the third	5909
degree.	5910

(C) A defendant may assert as an affirmative defense to a	5911
charge of a violation of this section defenses, affirmative	5912
defenses, and limitations on remedies that would be available in a	5913
civil, criminal, or administrative action or proceeding under the	5914
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	5915
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	5916
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	5917
of the Revised Code, or common law.	5918

(D)(1) Law enforcement officers may seize pursuant to	5919
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	5920
either of the following:	5921

(a) Goods to which or in connection with which a person	5922
attached, affixed, otherwise used, or intended to attach, affix,	5923
or otherwise use a counterfeit mark in violation of this section;	5924

(b) Tools, machines, instruments, materials, articles,	5925
vehicles, or other items of personal property that are possessed,	5926
sold, offered for sale, or used in a violation of this section or	5927
in an attempt to commit or complicity in the commission of a	5928
violation of this section.	5929

(2) Notwithstanding any contrary provision of Chapter 2981.	5930
of the Revised Code, if a person is convicted of or pleads guilty	5931
to a violation of this section, an attempt to violate this	5932
section, or complicity in a violation of this section, the court	5933
involved shall declare that the goods described in division	5934
(D)(1)(a) of this section and the personal property described in	5935
division (D)(1)(b) of this section are contraband and are	5936
forfeited. Prior to the court's entry of judgment under Criminal	5937
Rule 32, the owner of a registered trademark or service mark that	5938
is the subject of the counterfeit mark may recommend a manner in	5939
which the forfeited goods and forfeited personal property should	5940
be disposed of. If that owner makes a timely recommendation of a	5941
manner of disposition, the court is not bound by the	5942
recommendation. If that owner makes a timely recommendation of a	5943
manner of disposition, the court may include in its entry of	5944
judgment an order that requires appropriate persons to dispose of	5945
the forfeited goods and forfeited personal property in the	5946
recommended manner. If that owner fails to make a timely	5947
recommendation of a manner of disposition or if that owner makes a	5948
timely recommendation of the manner of disposition but the court	5949
determines to not follow the recommendation, the court shall	5950
include in its entry of judgment an order that requires the law	5951
enforcement agency that employs the law enforcement officer who	5952
seized the forfeited goods or the forfeited personal property to	5953
destroy them or cause their destruction.	5954

(E) This section does not affect the rights of an owner of a	5955
trademark or a service mark, or the enforcement in a civil action	5956
or in administrative proceedings of the rights of an owner of a	5957
trademark or a service mark, under the "Lanham Act," 60 Stat.	5958
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	5959
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	5960
amended, Chapter 1329. or another section of the Revised Code, or	5961
common law.	5962

(F) As used in this section:

5963

(1)(a) Except as provided in division (F)(1)(b) of this	5964
section, "counterfeit mark" means a spurious trademark or a	5965
spurious service mark that satisfies both of the following:	5966

(i) It is identical with or substantially indistinguishable	5967
from a mark that is registered on the principal register in the	5968
United States patent and trademark office for the same goods or	5969
services as the goods or services to which or in connection with	5970
which the spurious trademark or spurious service mark is attached,	5971
affixed, or otherwise used or from a mark that is registered with	5972
the secretary of state pursuant to sections 1329.54 to 1329.67 of	5973
the Revised Code for the same goods or services as the goods or	5974
services to which or in connection with which the spurious	5975
trademark or spurious service mark is attached, affixed, or	5976
otherwise used, and the owner of the registration uses the	5977
registered mark, whether or not the offender knows that the mark	5978
is registered in a manner described in division (F)(1)(a)(i) of	5979
this section.	5980

(ii) Its use is likely to cause confusion or mistake or to	5981
deceive other persons.	5982

(b) "Counterfeit mark" does not include a mark or other	5983
designation that is attached to, affixed to, or otherwise used in	5984
connection with goods or services if the holder of the right to	5985
use the mark or other designation authorizes the manufacturer,	5986
producer, or vendor of those goods or services to attach, affix,	5987
or otherwise use the mark or other designation in connection with	5988
those goods or services at the time of their manufacture,	5989
production, or sale.	5990

(2) "Cumulative sales price" means the product of the lowest	5991
single unit sales price charged or sought to be charged by an	5992
offender for goods to which or in connection with which a	5993
counterfeit mark is attached, affixed, or otherwise used or of the	5994
lowest single service transaction price charged or sought to be	5995
charged by an offender for services in connection with which a	5996
counterfeit mark is used, multiplied by the total number of those	5997
goods or services, whether or not units of goods are sold or are	5998
in an offender's possession, custody, or control.	5999

(3) "Registered trademark or service mark" means a trademark	6000
or service mark that is registered in a manner described in	6001
division (F)(1) of this section.	6002

(4) "Trademark" and "service mark" have the same meanings as	6003
in section 1329.54 of the Revised Code.	6004

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

6005

(1) "Statement or representation" means any oral, written,	6006
electronic, electronic impulse, or magnetic communication that is	6007
used to identify an item of goods or a service for which	6008
reimbursement may be made under the medical assistance program or	6009
that states income and expense and is or may be used to determine	6010
a rate of reimbursement under the medical assistance program.	6011

(2) "Medical assistance program" means the program	6012
established by the department of job and family services to	6013
provide medical assistance under section 5111.01 of the Revised	6014
Code and the medicaid program of Title XIX of the "Social Security	6015
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	6016

(3) "Provider" means any person who has signed a provider	6017
agreement with the department of job and family services to	6018
provide goods or services pursuant to the medical assistance	6019
program or any person who has signed an agreement with a party to	6020
such a provider agreement under which the person agrees to provide	6021
goods or services that are reimbursable under the medical	6022
assistance program.	6023

(4) "Provider agreement" means an oral or written agreement	6024
between the department of job and family services and a person in	6025
which the person agrees to provide goods or services under the	6026
medical assistance program.	6027

(5) "Recipient" means any individual who receives goods or	6028
services from a provider under the medical assistance program.	6029

(6) "Records" means any medical, professional, financial, or	6030
business records relating to the treatment or care of any	6031
recipient, to goods or services provided to any recipient, or to	6032
rates paid for goods or services provided to any recipient and any	6033
records that are required by the rules of the director of job and	6034
family services to be kept for the medical assistance program.	6035

(B) No person shall knowingly make or cause to be made a	6036
false or misleading statement or representation for use in	6037
obtaining reimbursement from the medical assistance program.	6038

(C) No person, with purpose to commit fraud or knowing that	6039
the person is facilitating a fraud, shall do either of the	6040
following:	6041

(1) Contrary to the terms of the person's provider agreement,	6042
charge, solicit, accept, or receive for goods or services that the	6043
person provides under the medical assistance program any property,	6044
money, or other consideration in addition to the amount of	6045
reimbursement under the medical assistance program and the	6046
person's provider agreement for the goods or services and any	6047
cost-sharing expenses authorized by section 5111.0112 of the	6048
Revised Code or rules adopted pursuant to section 5111.01,	6049
5111.011, or 5111.02 of the Revised Code.	6050

(2) Solicit, offer, or receive any remuneration, other than	6051
any cost-sharing expenses authorized by section 5111.0112 of the	6052
Revised Code or rules adopted under section 5111.01, 5111.011, or	6053
5111.02 of the Revised Code, in cash or in kind, including, but	6054
not limited to, a kickback or rebate, in connection with the	6055
furnishing of goods or services for which whole or partial	6056
reimbursement is or may be made under the medical assistance	6057
program.	6058

(D) No person, having submitted a claim for or provided goods	6059
or services under the medical assistance program, shall do either	6060
of the following for a period of at least six years after a	6061
reimbursement pursuant to that claim, or a reimbursement for those	6062
goods or services, is received under the medical assistance	6063
program:	6064

(1) Knowingly alter, falsify, destroy, conceal, or remove any	6065
records that are necessary to fully disclose the nature of all	6066
goods or services for which the claim was submitted, or for which	6067
reimbursement was received, by the person;	6068

(2) Knowingly alter, falsify, destroy, conceal, or remove any	6069
records that are necessary to disclose fully all income and	6070
expenditures upon which rates of reimbursements were based for the	6071
person.	6072

(E) Whoever violates this section is guilty of medicaid	6073
fraud. Except as otherwise provided in this division, medicaid	6074
fraud is a misdemeanor of the first degree. If the value of	6075
property, services, or funds obtained in violation of this section	6076
is five hundredone thousand dollars or more and is less than five	6077
seven thousand five hundred dollars, medicaid fraud is a felony of	6078
the fifth degree. If the value of property, services, or funds	6079
obtained in violation of this section is fiveseven thousand five	6080
hundred dollars or more and is less than one hundred fifty	6081
thousand dollars, medicaid fraud is a felony of the fourth degree.	6082
If the value of the property, services, or funds obtained in	6083
violation of this section is one hundred fifty thousand dollars or	6084
more, medicaid fraud is a felony of the third degree.	6085

(F) Upon application of the governmental agency, office, or	6086
other entity that conducted the investigation and prosecution in a	6087
case under this section, the court shall order any person who is	6088
convicted of a violation of this section for receiving any	6089
reimbursement for furnishing goods or services under the medical	6090
assistance program to which the person is not entitled to pay to	6091
the applicant its cost of investigating and prosecuting the case.	6092
The costs of investigation and prosecution that a defendant is	6093
ordered to pay pursuant to this division shall be in addition to	6094
any other penalties for the receipt of that reimbursement that are	6095
provided in this section, section 5111.03 of the Revised Code, or	6096
any other provision of law.	6097

(G) The provisions of this section are not intended to be	6098
exclusive remedies and do not preclude the use of any other	6099
criminal or civil remedy for any act that is in violation of this	6100
section.	6101

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

6102

(1) "Medicaid benefits" means benefits under the medical	6103
assistance program established under Chapter 5111. of the Revised	6104
Code.	6105

(2) "Property" means any real or personal property or other	6106
asset in which a person has any legal title or interest.	6107

(B) No person shall knowingly do any of the following in an	6108
application for medicaid benefits or in a document that requires a	6109
disclosure of assets for the purpose of determining eligibility to	6110
receive medicaid benefits:	6111

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

6112

(2) Conceal an interest in property;

6113

(3)(a) Except as provided in division (B)(3)(b) of this	6114
section, fail to disclose a transfer of property that occurred	6115
during the period beginning thirty-six months before submission of	6116
the application or document and ending on the date the application	6117
or document was submitted;	6118

(b) Fail to disclose a transfer of property that occurred	6119
during the period beginning sixty months before submission of the	6120
application or document and ending on the date the application or	6121
document was submitted and that was made to an irrevocable trust a	6122
portion of which is not distributable to the applicant for	6123
medicaid benefits or the recipient of medicaid benefits or to a	6124
revocable trust.	6125

(C)(1) Whoever violates this section is guilty of medicaid	6126
eligibility fraud. Except as otherwise provided in this division,	6127
a violation of this section is a misdemeanor of the first degree.	6128
If the value of the medicaid benefits paid as a result of the	6129
violation is five hundredone thousand dollars or more and is less	6130
than fiveseven thousand five hundred dollars, a violation of	6131
this section is a felony of the fifth degree. If the value of the	6132
medicaid benefits paid as a result of the violation is fiveseven	6133
thousand five hundred dollars or more and is less than one hundred	6134
fifty thousand dollars, a violation of this section is a felony of	6135
the fourth degree. If the value of the medicaid benefits paid as a	6136
result of the violation is one hundred fifty thousand dollars or	6137
more, a violation of this section is a felony of the third degree.	6138

(2) In addition to imposing a sentence under division (C)(1)	6139
of this section, the court shall order that a person who is guilty	6140
of medicaid eligibility fraud make restitution in the full amount	6141
of any medicaid benefits paid on behalf of an applicant for or	6142
recipient of medicaid benefits for which the applicant or	6143
recipient was not eligible, plus interest at the rate applicable	6144
to judgments on unreimbursed amounts from the date on which the	6145
benefits were paid to the date on which restitution is made.	6146

(3) The remedies and penalties provided in this section are	6147
not exclusive and do not preclude the use of any other criminal or	6148
civil remedy for any act that is in violation of this section.	6149

(D) This section does not apply to a person who fully	6150
disclosed in an application for medicaid benefits or in a document	6151
that requires a disclosure of assets for the purpose of	6152
determining eligibility to receive medicaid benefits all of the	6153
interests in property of the applicant for or recipient of	6154
medicaid benefits, all transfers of property by the applicant for	6155
or recipient of medicaid benefits, and the circumstances of all	6156
those transfers.	6157

(E) Any amounts of medicaid benefits recovered as restitution	6158
under this section and any interest on those amounts shall be	6159
credited to the general revenue fund, and any applicable federal	6160
share shall be returned to the appropriate agency or department of	6161
the United States.	6162

Sec. 2913.42.  (A) No person, knowing the person has no	6163
privilege to do so, and with purpose to defraud or knowing that	6164
the person is facilitating a fraud, shall do any of the following:	6165

(1) Falsify, destroy, remove, conceal, alter, deface, or	6166
mutilate any writing, computer software, data, or record;	6167

(2) Utter any writing or record, knowing it to have been	6168
tampered with as provided in division (A)(1) of this section.	6169

(B)(1) Whoever violates this section is guilty of tampering	6170
with records.	6171

(2) Except as provided in division (B)(4) of this section, if	6172
the offense does not involve data or computer software, tampering	6173
with records is whichever of the following is applicable:	6174

(a) If division (B)(2)(b) of this section does not apply, a	6175
misdemeanor of the first degree;	6176

(b) If the writing or record is a will unrevoked at the time	6177
of the offense, a felony of the fifth degree.	6178

(3) Except as provided in division (B)(4) of this section, if	6179
the offense involves a violation of division (A) of this section	6180
involving data or computer software, tampering with records is	6181
whichever of the following is applicable:	6182

(a) Except as otherwise provided in division (B)(3)(b), (c),	6183
or (d) of this section, a misdemeanor of the first degree;	6184

(b) If the value of the data or computer software involved in	6185
the offense or the loss to the victim is five hundredone thousand	6186
dollars or more and is less than fiveseven thousand five hundred	6187
dollars, a felony of the fifth degree;	6188

(c) If the value of the data or computer software involved in	6189
the offense or the loss to the victim is fiveseven thousand five	6190
hundred dollars or more and is less than one hundred fifty	6191
thousand dollars, a felony of the fourth degree;	6192

(d) If the value of the data or computer software involved in	6193
the offense or the loss to the victim is one hundred fifty	6194
thousand dollars or more or if the offense is committed for the	6195
purpose of devising or executing a scheme to defraud or to obtain	6196
property or services and the value of the property or services or	6197
the loss to the victim is fiveseven thousand five hundred dollars	6198
or more, a felony of the third degree.	6199

(4) If the writing, data, computer software, or record is	6200
kept by or belongs to a local, state, or federal governmental	6201
entity, a felony of the third degree.	6202

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

6203

(1) "Computer," "computer network," and "computer system"	6204
have the same meanings as in section 2913.01 of the Revised Code.	6205

(2) "Commercial electronic mail message" means any electronic	6206
mail message the primary purpose of which is the commercial	6207
advertisement or promotion of a commercial product or service,	6208
including content on an internet web site operated for a	6209
commercial purpose, but does not include a transactional or	6210
relationship message. The inclusion of a reference to a commercial	6211
entity or a link to the web site of a commercial entity does not,	6212
by itself, cause that message to be treated as a commercial	6213
electronic mail message for the purpose of this section, if the	6214
contents or circumstances of the message indicate a primary	6215
purpose other than commercial advertisement or promotion of a	6216
commercial product or service.	6217

(3) "Domain name" means any alphanumeric designation that is	6218
registered with or assigned by any domain name registrar, domain	6219
name registry, or other domain name registration authority as part	6220
of an electronic address on the internet.	6221

(4) "Electronic mail," "originating address," and "receiving	6222
address" have the same meanings as in section 2307.64 of the	6223
Revised Code.	6224

(5) "Electronic mail message" means each electronic mail	6225
addressed to a discrete addressee.	6226

(6) "Electronic mail service provider" means any person,	6227
including an internet service provider, that is an intermediary in	6228
sending and receiving electronic mail and that provides to the	6229
public electronic mail accounts or online user accounts from which	6230
electronic mail may be sent.	6231

(7) "Header information" means the source, destination, and	6232
routing information attached to an electronic mail message,	6233
including the originating domain name, the originating address,	6234
and technical information that authenticates the sender of an	6235
electronic mail message for computer network security or computer	6236
network management purposes.	6237

(8) "Initiate the transmission" or "initiated" means to	6238
originate or transmit a commercial electronic mail message or to	6239
procure the origination or transmission of that message,	6240
regardless of whether the message reaches its intended recipients,	6241
but does not include actions that constitute routine conveyance of	6242
such message.	6243

(9) "Internet" has the same meaning as in section 341.42 of	6244
the Revised Code.	6245

(10) "Internet protocol address" means the string of numbers	6246
by which locations on the internet are identified by routers or	6247
other computers connected to the internet.	6248

(11) "Materially falsify" means to alter or conceal in a	6249
manner that would impair the ability of a recipient of an	6250
electronic mail message, an electronic mail service provider	6251
processing an electronic mail message on behalf of a recipient, a	6252
person alleging a violation of this section, or a law enforcement	6253
agency to identify, locate, or respond to the person that	6254
initiated the electronic mail message or to investigate an alleged	6255
violation of this section.	6256

(12) "Multiple" means more than ten commercial electronic	6257
mail messages during a twenty-four-hour period, more than one	6258
hundred commercial electronic mail messages during a thirty-day	6259
period, or more than one thousand commercial electronic mail	6260
messages during a one-year period.	6261

(13) "Recipient" means a person who receives a commercial	6262
electronic mail message at any one of the following receiving	6263
addresses:	6264

(a) A receiving address furnished by an electronic mail	6265
service provider that bills for furnishing and maintaining that	6266
receiving address to a mailing address within this state;	6267

(b) A receiving address ordinarily accessed from a computer	6268
located within this state or by a person domiciled within this	6269
state;	6270

(c) Any other receiving address with respect to which this	6271
section can be imposed consistent with the United States	6272
Constitution.	6273

(14) "Routine conveyance" means the transmission, routing,	6274
relaying, handling, or storing, through an automated technical	6275
process, of an electronic mail message for which another person	6276
has identified the recipients or provided the recipient addresses.	6277

(15) "Transactional or relationship message" means an	6278
electronic mail message the primary purpose of which is to do any	6279
of the following:	6280

(a) Facilitate, complete, or confirm a commercial transaction	6281
that the recipient has previously agreed to enter into with the	6282
sender;	6283

(b) Provide warranty information, product recall information,	6284
or safety or security information with respect to a commercial	6285
product or service used or purchased by the recipient;	6286

(c) Provide notification concerning a change in the terms or	6287
features of; a change in the recipient's standing or status with	6288
respect to; or, at regular periodic intervals, account balance	6289
information or other type of account statement with respect to, a	6290
subscription, membership, account, loan, or comparable ongoing	6291
commercial relationship involving the ongoing purchase or use by	6292
the recipient of products or services offered by the sender;	6293

(d) Provide information directly related to an employment	6294
relationship or related benefit plan in which the recipient is	6295
currently involved, participating, or enrolled;	6296

(e) Deliver goods or services, including product updates or	6297
upgrades, that the recipient is entitled to receive under the	6298
terms of a transaction that the recipient has previously agreed to	6299
enter into with the sender.	6300

(B) No person, with regard to commercial electronic mail	6301
messages sent from or to a computer in this state, shall do any of	6302
the following:	6303

(1) Knowingly use a computer to relay or retransmit multiple	6304
commercial electronic mail messages, with the intent to deceive or	6305
mislead recipients or any electronic mail service provider, as to	6306
the origin of those messages;	6307

(2) Knowingly and materially falsify header information in	6308
multiple commercial electronic mail messages and purposely	6309
initiate the transmission of those messages;	6310

(3) Knowingly register, using information that materially	6311
falsifies the identity of the actual registrant, for five or more	6312
electronic mail accounts or online user accounts or two or more	6313
domain names and purposely initiate the transmission of multiple	6314
commercial electronic mail messages from one, or any combination,	6315
of those accounts or domain names;	6316

(4) Knowingly falsely represent the right to use five or more	6317
internet protocol addresses, and purposely initiate the	6318
transmission of multiple commercial electronic mail messages from	6319
those addresses.	6320

(C)(1) Whoever violates division (B) of this section is	6321
guilty of illegally transmitting multiple commercial electronic	6322
mail messages. Except as otherwise provided in division (C)(2) or	6323
(E) of this section, illegally transmitting multiple commercial	6324
electronic mail messages is a felony of the fifth degree.	6325

(2) Illegally transmitting multiple commercial electronic	6326
mail messages is a felony of the fourth degree if any of the	6327
following apply:	6328

(a) Regarding a violation of division (B)(3) of this section,	6329
the offender, using information that materially falsifies the	6330
identity of the actual registrant, knowingly registers for twenty	6331
or more electronic mail accounts or online user accounts or ten or	6332
more domain names, and purposely initiates, or conspires to	6333
initiate, the transmission of multiple commercial electronic mail	6334
messages from the accounts or domain names.	6335

(b) Regarding any violation of division (B) of this section,	6336
the volume of commercial electronic mail messages the offender	6337
transmitted in committing the violation exceeds two hundred and	6338
fifty during any twenty-four-hour period, two thousand five	6339
hundred during any thirty-day period, or twenty-five thousand	6340
during any one-year period.	6341

(c) Regarding any violation of division (B) of this section,	6342
during any one-year period the aggregate loss to the victim or	6343
victims of the violation is five hundredone thousand dollars or	6344
more, or during any one-year period the aggregate value of the	6345
property or services obtained by any offender as a result of the	6346
violation is five hundredone thousand dollars or more.	6347

(d) Regarding any violation of division (B) of this section,	6348
the offender committed the violation with three or more other	6349
persons with respect to whom the offender was the organizer or	6350
leader of the activity that resulted in the violation.	6351

(e) Regarding any violation of division (B) of this section,	6352
the offender knowingly assisted in the violation through the	6353
provision or selection of electronic mail addresses to which the	6354
commercial electronic mail message was transmitted, if that	6355
offender knew that the electronic mail addresses of the recipients	6356
were obtained using an automated means from an internet web site	6357
or proprietary online service operated by another person, and that	6358
web site or online service included, at the time the electronic	6359
mail addresses were obtained, a notice stating that the operator	6360
of that web site or online service will not transfer addresses	6361
maintained by that web site or online service to any other party	6362
for the purposes of initiating the transmission of, or enabling	6363
others to initiate the transmission of, electronic mail messages.	6364

(f) Regarding any violation of division (B) of this section,	6365
the offender knowingly assisted in the violation through the	6366
provision or selection of electronic mail addresses of the	6367
recipients obtained using an automated means that generates	6368
possible electronic mail addresses by combining names, letters, or	6369
numbers into numerous permutations.	6370

(D)(1) No person, with regard to commercial electronic mail	6371
messages sent from or to a computer in this state, shall knowingly	6372
access a computer without authorization and purposely initiate the	6373
transmission of multiple commercial electronic mail messages from	6374
or through the computer.	6375

(2) Except as otherwise provided in division (E) of this	6376
section, whoever violates division (D)(1) of this section is	6377
guilty of unauthorized access of a computer, a felony of the	6378
fourth degree.	6379

(E) Illegally transmitting multiple commercial electronic	6380
mail messages and unauthorized access of a computer in violation	6381
of this section are felonies of the third degree if the offender	6382
previously has been convicted of a violation of this section, or a	6383
violation of a law of another state or the United States regarding	6384
the transmission of electronic mail messages or unauthorized	6385
access to a computer, or if the offender committed the violation	6386
of this section in the furtherance of a felony.	6387

(F)(1) The attorney general or an electronic mail service	6388
provider that is injured by a violation of this section may bring	6389
a civil action in an appropriate court of common pleas of this	6390
state seeking relief from any person whose conduct violated this	6391
section. The civil action may be commenced at any time within one	6392
year of the date after the act that is the basis of the civil	6393
action.	6394

(2) In a civil action brought by the attorney general	6395
pursuant to division (F)(1) of this section for a violation of	6396
this section, the court may award temporary, preliminary, or	6397
permanent injunctive relief. The court also may impose a civil	6398
penalty against the offender, as the court considers just, in an	6399
amount that is the lesser of: (a) twenty-five thousand dollars for	6400
each day a violation occurs, or (b) not less than two dollars but	6401
not more than eight dollars for each commercial electronic mail	6402
message initiated in violation of this section.	6403

(3) In a civil action brought by an electronic mail service	6404
provider pursuant to division (F)(1) of this section for a	6405
violation of this section, the court may award temporary,	6406
preliminary, or permanent injunctive relief, and also may award	6407
damages in an amount equal to the greater of the following:	6408

(a) The sum of the actual damages incurred by the electronic	6409
mail service provider as a result of a violation of this section,	6410
plus any receipts of the offender that are attributable to a	6411
violation of this section and that were not taken into account in	6412
computing actual damages;	6413

(b) Statutory damages, as the court considers just, in an	6414
amount that is the lesser of: (i) twenty-five thousand dollars for	6415
each day a violation occurs, or (ii) not less than two dollars but	6416
not more than eight dollars for each commercial electronic mail	6417
message initiated in violation of this section.	6418

(4) In assessing damages awarded under division (F)(3) of	6419
this section, the court may consider whether the offender has	6420
established and implemented, with due care, commercially	6421
reasonable practices and procedures designed to effectively	6422
prevent the violation, or the violation occurred despite	6423
commercially reasonable efforts to maintain the practices and	6424
procedures established.	6425

(G) Any equipment, software, or other technology of a person	6426
who violates this section that is used or intended to be used in	6427
the commission of a violation of this section, and any real or	6428
personal property that constitutes or is traceable to the gross	6429
proceeds obtained from the commission of a violation of this	6430
section, is contraband and is subject to seizure and forfeiture	6431
pursuant to Chapter 2981. of the Revised Code.	6432

(H) The attorney general may bring a civil action, pursuant	6433
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	6434
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	6435
state in a district court of the United States that has	6436
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	6437
attorney general shall not bring a civil action under both this	6438
division and division (F) of this section. If a federal court	6439
dismisses a civil action brought under this division for reasons	6440
other than upon the merits, a civil action may be brought under	6441
division (F) of this section in the appropriate court of common	6442
pleas of this state.	6443

(I) Nothing in this section shall be construed:

6444

(1) To require an electronic mail service provider to block,	6445
transmit, route, relay, handle, or store certain types of	6446
electronic mail messages;	6447

(2) To prevent or limit, in any way, an electronic mail	6448
service provider from adopting a policy regarding electronic mail,	6449
including a policy of declining to transmit certain types of	6450
electronic mail messages, or from enforcing such policy through	6451
technical means, through contract, or pursuant to any remedy	6452
available under any other federal, state, or local criminal or	6453
civil law;	6454

(3) To render lawful any policy adopted under division (I)(2)	6455
of this section that is unlawful under any other law.	6456

Sec. 2913.43.  (A) No person, by deception, shall cause	6457
another to execute any writing that disposes of or encumbers	6458
property, or by which a pecuniary obligation is incurred.	6459

(B)(1) Whoever violates this section is guilty of securing	6460
writings by deception.	6461

(2) Except as otherwise provided in this division or division	6462
(B)(3) of this section, securing writings by deception is a	6463
misdemeanor of the first degree. If the value of the property or	6464
the obligation involved is five hundredone thousand dollars or	6465
more and less than fiveseven thousand five hundred dollars,	6466
securing writings by deception is a felony of the fifth degree. If	6467
the value of the property or the obligation involved is five	6468
seven thousand five hundred dollars or more and is less than one	6469
hundred fifty thousand dollars, securing writings by deception is	6470
a felony of the fourth degree. If the value of the property or the	6471
obligation involved is one hundred fifty thousand dollars or	6472
more, securing writings by deception is a felony of the third	6473
degree.	6474

(3) If the victim of the offense is an elderly person or	6475
disabled adult, division (B)(3) of this section applies. Except as	6476
otherwise provided in division (B)(3) of this section, securing	6477
writings by deception is a felony of the fifth degree. If the	6478
value of the property or obligation involved is five hundredone	6479
thousand dollars or more and is less than fiveseven thousand	6480
five hundred dollars, securing writings by deception is a felony	6481
of the fourth degree. If the value of the property or obligation	6482
involved is fiveseven thousand five hundred dollars or more and	6483
is less than twenty-fivethirty-seven thousand five hundred	6484
dollars, securing writings by deception is a felony of the third	6485
degree. If the value of the property or obligation involved is	6486
twenty-fivethirty-seven thousand five hundred dollars or more,	6487
securing writings by deception is a felony of the second degree.	6488

Sec. 2913.45.  (A) No person, with purpose to defraud one or	6489
more of the person's creditors, shall do any of the following:	6490

(1) Remove, conceal, destroy, encumber, convey, or otherwise	6491
deal with any of the person's property;	6492

(2) Misrepresent or refuse to disclose to a fiduciary	6493
appointed to administer or manage the person's affairs or estate,	6494
the existence, amount, or location of any of the person's	6495
property, or any other information regarding such property that	6496
the person is legally required to furnish to the fiduciary.	6497

(B) Whoever violates this section is guilty of defrauding	6498
creditors. Except as otherwise provided in this division,	6499
defrauding creditors is a misdemeanor of the first degree. If the	6500
value of the property involved is five hundredone thousand	6501
dollars or more and is less than fiveseven thousand five hundred	6502
dollars, defrauding creditors is a felony of the fifth degree. If	6503
the value of the property involved is fiveseven thousand five	6504
hundred dollars or more and is less than one hundred fifty	6505
thousand dollars, defrauding creditors is a felony of the fourth	6506
degree. If the value of the property involved is one hundred	6507
fifty thousand dollars or more, defrauding creditors is a felony	6508
of the third degree.	6509

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

6510

(a) "Electronically transferred benefit" means the transfer	6511
of supplemental nutrition assistance program benefits or WIC	6512
program benefits through the use of an access device.	6513

(b) "WIC program benefits" includes money, coupons, delivery	6514
verification receipts, other documents, food, or other property	6515
received directly or indirectly pursuant to section 17 of the	6516
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as	6517
amended.	6518

(c) "Access device" means any card, plate, code, account	6519
number, or other means of access that can be used, alone or in	6520
conjunction with another access device, to obtain payments,	6521
allotments, benefits, money, goods, or other things of value or	6522
that can be used to initiate a transfer of funds pursuant to	6523
section 5101.33 of the Revised Code and the Food and Nutrition Act	6524
of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program	6525
administered by any department of this state or any county or	6526
local agency pursuant to section 17 of the "Child Nutrition Act of	6527
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access	6528
device" may include any electronic debit card or other means	6529
authorized by section 5101.33 of the Revised Code.	6530

(d) "Aggregate value of supplemental nutrition assistance	6531
program benefits, WIC program benefits, and electronically	6532
transferred benefits involved in the violation" means the total	6533
face value of any supplemental nutrition assistance program	6534
benefits, plus the total face value of WIC program coupons or	6535
delivery verification receipts, plus the total value of other WIC	6536
program benefits, plus the total value of any electronically	6537
transferred benefit or other access device, involved in the	6538
violation.	6539

(e) "Total value of any electronically transferred benefit or	6540
other access device" means the total value of the payments,	6541
allotments, benefits, money, goods, or other things of value that	6542
may be obtained, or the total value of funds that may be	6543
transferred, by use of any electronically transferred benefit or	6544
other access device at the time of violation.	6545

(2) If supplemental nutrition assistance program benefits,	6546
WIC program benefits, or electronically transferred benefits or	6547
other access devices of various values are used, transferred,	6548
bought, acquired, altered, purchased, possessed, presented for	6549
redemption, or transported in violation of this section over a	6550
period of twelve months, the course of conduct may be charged as	6551
one offense and the values of supplemental nutrition assistance	6552
program benefits, WIC program benefits, or any electronically	6553
transferred benefits or other access devices may be aggregated in	6554
determining the degree of the offense.	6555

(B) No individual shall knowingly possess, buy, sell, use,	6556
alter, accept, or transfer supplemental nutrition assistance	6557
program benefits, WIC program benefits, or any electronically	6558
transferred benefit in any manner not authorized by the Food and	6559
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the	6560
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as	6561
amended.	6562

(C) No organization, as defined in division (D) of section	6563
2901.23 of the Revised Code, shall do either of the following:	6564

(1) Knowingly allow an employee or agent to sell, transfer,	6565
or trade items or services, the purchase of which is prohibited by	6566
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or	6567
section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42	6568
U.S.C. 1786, as amended, in exchange for supplemental nutrition	6569
assistance program benefits, WIC program benefits, or any	6570
electronically transferred benefit;	6571

(2) Negligently allow an employee or agent to sell, transfer,	6572
or exchange supplemental nutrition assistance program benefits,	6573
WIC program benefits, or any electronically transferred benefit	6574
for anything of value.	6575

(D) Whoever violates this section is guilty of illegal use of	6576
supplemental nutrition assistance program benefits or WIC program	6577
benefits. Except as otherwise provided in this division, illegal	6578
use of supplemental nutrition assistance program benefits or WIC	6579
program benefits is a felony of the fifth degree. If the aggregate	6580
value of the supplemental nutrition assistance program benefits,	6581
WIC program benefits, and electronically transferred benefits	6582
involved in the violation is five hundredone thousand dollars or	6583
more and is less than fiveseven thousand five hundred dollars,	6584
illegal use of supplemental nutrition assistance program benefits	6585
or WIC program benefits is a felony of the fourth degree. If the	6586
aggregate value of the supplemental nutrition assistance program	6587
benefits, WIC program benefits, and electronically transferred	6588
benefits involved in the violation is fiveseven thousand five	6589
hundred dollars or more and is less than one hundred fifty	6590
thousand dollars, illegal use of supplemental nutrition assistance	6591
program benefits or WIC program benefits is a felony of the third	6592
degree. If the aggregate value of the supplemental nutrition	6593
assistance program benefits, WIC program benefits, and	6594
electronically transferred benefits involved in the violation is	6595
one hundred fifty thousand dollars or more, illegal use of	6596
supplemental nutrition assistance program benefits or WIC program	6597
benefits is a felony of the second degree.	6598

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

6599

(1) "Data" has the same meaning as in section 2913.01 of the	6600
Revised Code and additionally includes any other representation of	6601
information, knowledge, facts, concepts, or instructions that are	6602
being or have been prepared in a formalized manner.	6603

(2) "Deceptive" means that a statement, in whole or in part,	6604
would cause another to be deceived because it contains a	6605
misleading representation, withholds information, prevents the	6606
acquisition of information, or by any other conduct, act, or	6607
omission creates, confirms, or perpetuates a false impression,	6608
including, but not limited to, a false impression as to law,	6609
value, state of mind, or other objective or subjective fact.	6610

(3) "Insurer" means any person that is authorized to engage	6611
in the business of insurance in this state under Title XXXIX of	6612
the Revised Code, the Ohio fair plan underwriting association	6613
created under section 3929.43 of the Revised Code, any health	6614
insuring corporation, and any legal entity that is self-insured	6615
and provides benefits to its employees or members.	6616

(4) "Policy" means a policy, certificate, contract, or plan	6617
that is issued by an insurer.	6618

(5) "Statement" includes, but is not limited to, any notice,	6619
letter, or memorandum; proof of loss; bill of lading; receipt for	6620
payment; invoice, account, or other financial statement; estimate	6621
of property damage; bill for services; diagnosis or prognosis;	6622
prescription; hospital, medical, or dental chart or other record;	6623
x-ray, photograph, videotape, or movie film; test result; other	6624
evidence of loss, injury, or expense; computer-generated document;	6625
and data in any form.	6626

(B) No person, with purpose to defraud or knowing that the	6627
person is facilitating a fraud, shall do either of the following:	6628

(1) Present to, or cause to be presented to, an insurer any	6629
written or oral statement that is part of, or in support of, an	6630
application for insurance, a claim for payment pursuant to a	6631
policy, or a claim for any other benefit pursuant to a policy,	6632
knowing that the statement, or any part of the statement, is false	6633
or deceptive;	6634

(2) Assist, aid, abet, solicit, procure, or conspire with	6635
another to prepare or make any written or oral statement that is	6636
intended to be presented to an insurer as part of, or in support	6637
of, an application for insurance, a claim for payment pursuant to	6638
a policy, or a claim for any other benefit pursuant to a policy,	6639
knowing that the statement, or any part of the statement, is false	6640
or deceptive.	6641

(C) Whoever violates this section is guilty of insurance	6642
fraud. Except as otherwise provided in this division, insurance	6643
fraud is a misdemeanor of the first degree. If the amount of the	6644
claim that is false or deceptive is five hundredone thousand	6645
dollars or more and is less than fiveseven thousand five hundred	6646
dollars, insurance fraud is a felony of the fifth degree. If the	6647
amount of the claim that is false or deceptive is fiveseven	6648
thousand five hundred dollars or more and is less than one hundred	6649
fifty thousand dollars, insurance fraud is a felony of the fourth	6650
degree. If the amount of the claim that is false or deceptive is	6651
one hundred fifty thousand dollars or more, insurance fraud is a	6652
felony of the third degree.	6653

(D) This section shall not be construed to abrogate, waive,	6654
or modify division (A) of section 2317.02 of the Revised Code.	6655

Sec. 2913.48.  (A) No person, with purpose to defraud or	6656
knowing that the person is facilitating a fraud, shall do any of	6657
the following:	6658

(1) Receive workers' compensation benefits to which the	6659
person is not entitled;	6660

(2) Make or present or cause to be made or presented a false	6661
or misleading statement with the purpose to secure payment for	6662
goods or services rendered under Chapter 4121., 4123., 4127., or	6663
4131. of the Revised Code or to secure workers' compensation	6664
benefits;	6665

(3) Alter, falsify, destroy, conceal, or remove any record or	6666
document that is necessary to fully establish the validity of any	6667
claim filed with, or necessary to establish the nature and	6668
validity of all goods and services for which reimbursement or	6669
payment was received or is requested from, the bureau of workers'	6670
compensation, or a self-insuring employer under Chapter 4121.,	6671
4123., 4127., or 4131. of the Revised Code;	6672

(4) Enter into an agreement or conspiracy to defraud the	6673
bureau or a self-insuring employer by making or presenting or	6674
causing to be made or presented a false claim for workers'	6675
compensation benefits;	6676

(5) Make or present or cause to be made or presented a false	6677
statement concerning manual codes, classification of employees,	6678
payroll, paid compensation, or number of personnel, when	6679
information of that nature is necessary to determine the actual	6680
workers' compensation premium or assessment owed to the bureau by	6681
an employer;	6682

(6) Alter, forge, or create a workers' compensation	6683
certificate to falsely show current or correct workers'	6684
compensation coverage;	6685

(7) Fail to secure or maintain workers' compensation coverage	6686
as required by Chapter 4123. of the Revised Code with the intent	6687
to defraud the bureau of workers' compensation.	6688

(B) Whoever violates this section is guilty of workers'	6689
compensation fraud. Except as otherwise provided in this division,	6690
a violation of this section is a misdemeanor of the first degree.	6691
If the value of premiums and assessments unpaid pursuant to	6692
actions described in division (A)(5), (6), or (7) of this section,	6693
or of goods, services, property, or money stolen is five hundred	6694
one thousand dollars or more and is less than fiveseven thousand	6695
five hundred dollars, a violation of this section is a felony of	6696
the fifth degree. If the value of premiums and assessments unpaid	6697
pursuant to actions described in division (A)(5), (6), or (7) of	6698
this section, or of goods, services, property, or money stolen is	6699
fiveseven thousand five hundred dollars or more and is less than	6700
one hundred fifty thousand dollars, a violation of this section is	6701
a felony of the fourth degree. If the value of premiums and	6702
assessments unpaid pursuant to actions described in division	6703
(A)(5), (6), or (7) of this section, or of goods, services,	6704
property, or money stolen is one hundred fifty thousand dollars or	6705
more, a violation of this section is a felony of the third degree.	6706

(C) Upon application of the governmental body that conducted	6707
the investigation and prosecution of a violation of this section,	6708
the court shall order the person who is convicted of the violation	6709
to pay the governmental body its costs of investigating and	6710
prosecuting the case. These costs are in addition to any other	6711
costs or penalty provided in the Revised Code or any other section	6712
of law.	6713

(D) The remedies and penalties provided in this section are	6714
not exclusive remedies and penalties and do not preclude the use	6715
of any other criminal or civil remedy or penalty for any act that	6716
is in violation of this section.	6717

(E) As used in this section:

6718

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

6719

(2) "Goods" includes, but is not limited to, medical	6720
supplies, appliances, rehabilitative equipment, and any other	6721
apparatus or furnishing provided or used in the care, treatment,	6722
or rehabilitation of a claimant for workers' compensation	6723
benefits.	6724

(3) "Services" includes, but is not limited to, any service	6725
provided by any health care provider to a claimant for workers'	6726
compensation benefits and any and all services provided by the	6727
bureau as part of workers' compensation insurance coverage.	6728

(4) "Claim" means any attempt to cause the bureau, an	6729
independent third party with whom the administrator or an employer	6730
contracts under section 4121.44 of the Revised Code, or a	6731
self-insuring employer to make payment or reimbursement for	6732
workers' compensation benefits.	6733

(5) "Employment" means participating in any trade,	6734
occupation, business, service, or profession for substantial	6735
gainful remuneration.	6736

(6) "Employer," "employee," and "self-insuring employer" have	6737
the same meanings as in section 4123.01 of the Revised Code.	6738

(7) "Remuneration" includes, but is not limited to, wages,	6739
commissions, rebates, and any other reward or consideration.	6740

(8) "Statement" includes, but is not limited to, any oral,	6741
written, electronic, electronic impulse, or magnetic communication	6742
notice, letter, memorandum, receipt for payment, invoice, account,	6743
financial statement, or bill for services; a diagnosis, prognosis,	6744
prescription, hospital, medical, or dental chart or other record;	6745
and a computer generated document.	6746

(9) "Records" means any medical, professional, financial, or	6747
business record relating to the treatment or care of any person,	6748
to goods or services provided to any person, or to rates paid for	6749
goods or services provided to any person, or any record that the	6750
administrator of workers' compensation requires pursuant to rule.	6751

(10) "Workers' compensation benefits" means any compensation	6752
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of	6753
the Revised Code.	6754

Sec. 2913.49.  (A) As used in this section, "personal	6755
identifying information" includes, but is not limited to, the	6756
following: the name, address, telephone number, driver's license,	6757
driver's license number, commercial driver's license, commercial	6758
driver's license number, state identification card, state	6759
identification card number, social security card, social security	6760
number, birth certificate, place of employment, employee	6761
identification number, mother's maiden name, demand deposit	6762
account number, savings account number, money market account	6763
number, mutual fund account number, other financial account	6764
number, personal identification number, password, or credit card	6765
number of a living or dead individual.	6766

(B) No person, without the express or implied consent of the	6767
other person, shall use, obtain, or possess any personal	6768
identifying information of another person with intent to do either	6769
of the following:	6770

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

6771

(2) Represent the other person's personal identifying	6772
information as the person's own personal identifying information.	6773

(C) No person shall create, obtain, possess, or use the	6774
personal identifying information of any person with the intent to	6775
aid or abet another person in violating division (B) of this	6776
section.	6777

(D) No person, with intent to defraud, shall permit another	6778
person to use the person's own personal identifying information.	6779

(E) No person who is permitted to use another person's	6780
personal identifying information as described in division (D) of	6781
this section shall use, obtain, or possess the other person's	6782
personal identifying information with intent to defraud any person	6783
by doing any act identified in division (B)(1) or (2) of this	6784
section.	6785

(F)(1) It is an affirmative defense to a charge under	6786
division (B) of this section that the person using the personal	6787
identifying information is acting in accordance with a legally	6788
recognized guardianship or conservatorship or as a trustee or	6789
fiduciary.	6790

(2) It is an affirmative defense to a charge under division	6791
(B), (C), (D), or (E) of this section that either of the following	6792
applies:	6793

(a) The person or entity using, obtaining, possessing, or	6794
creating the personal identifying information or permitting it to	6795
be used is a law enforcement agency, authorized fraud personnel,	6796
or a representative of or attorney for a law enforcement agency or	6797
authorized fraud personnel and is using, obtaining, possessing, or	6798
creating the personal identifying information or permitting it to	6799
be used, with prior consent given as specified in this division,	6800
in a bona fide investigation, an information security evaluation,	6801
a pretext calling evaluation, or a similar matter. The prior	6802
consent required under this division shall be given by the person	6803
whose personal identifying information is being used, obtained,	6804
possessed, or created or is being permitted to be used or, if the	6805
person whose personal identifying information is being used,	6806
obtained, possessed, or created or is being permitted to be used	6807
is deceased, by that deceased person's executor, or a member of	6808
that deceased person's family, or that deceased person's attorney.	6809
The prior consent required under this division may be given orally	6810
or in writing by the person whose personal identifying information	6811
is being used, obtained, possessed, or created or is being	6812
permitted to be used or that person's executor, or family member,	6813
or attorney.	6814

(b) The personal identifying information was obtained,	6815
possessed, used, created, or permitted to be used for a lawful	6816
purpose, provided that division (F)(2)(b) of this section does not	6817
apply if the person or entity using, obtaining, possessing, or	6818
creating the personal identifying information or permitting it to	6819
be used is a law enforcement agency, authorized fraud personnel,	6820
or a representative of or attorney for a law enforcement agency or	6821
authorized fraud personnel that is using, obtaining, possessing,	6822
or creating the personnelpersonal identifying information or	6823
permitting it to be used in an investigation, an information	6824
security evaluation, a pretext calling evaluation, or similar	6825
matter.	6826

(G) It is not a defense to a charge under this section that	6827
the person whose personal identifying information was obtained,	6828
possessed, used, created, or permitted to be used was deceased at	6829
the time of the offense.	6830

(H)(1) If an offender commits a violation of division (B),	6831
(D), or (E) of this section and the violation occurs as part of a	6832
course of conduct involving other violations of division (B), (D),	6833
or (E) of this section or violations of, attempts to violate,	6834
conspiracies to violate, or complicity in violations of division	6835
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	6836
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	6837
court, in determining the degree of the offense pursuant to	6838
division (I) of this section, may aggregate all credit, property,	6839
or services obtained or sought to be obtained by the offender and	6840
all debts or other legal obligations avoided or sought to be	6841
avoided by the offender in the violations involved in that course	6842
of conduct. The course of conduct may involve one victim or more	6843
than one victim.	6844

(2) If an offender commits a violation of division (C) of	6845
this section and the violation occurs as part of a course of	6846
conduct involving other violations of division (C) of this section	6847
or violations of, attempts to violate, conspiracies to violate, or	6848
complicity in violations of division (B), (D), or (E) of this	6849
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	6850
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	6851
determining the degree of the offense pursuant to division (I) of	6852
this section, may aggregate all credit, property, or services	6853
obtained or sought to be obtained by the person aided or abetted	6854
and all debts or other legal obligations avoided or sought to be	6855
avoided by the person aided or abetted in the violations involved	6856
in that course of conduct. The course of conduct may involve one	6857
victim or more than one victim.	6858

(I)(1) Whoever violates this section is guilty of identity	6859
fraud.	6860

(2) Except as otherwise provided in this division or division	6861
(I)(3) of this section, identity fraud is a felony of the fifth	6862
degree. If the value of the credit, property, services, debt, or	6863
other legal obligation involved in the violation or course of	6864
conduct is five hundredone thousand dollars or more and is less	6865
than fiveseven thousand five hundred dollars, except as otherwise	6866
provided in division (I)(3) of this section, identity fraud is a	6867
felony of the fourth degree. If the value of the credit, property,	6868
services, debt, or other legal obligation involved in the	6869
violation or course of conduct is fiveseven thousand five hundred	6870
dollars or more and is less than one hundred fifty thousand	6871
dollars, except as otherwise provided in division (I)(3) of this	6872
section, identity fraud is a felony of the third degree. If the	6873
value of the credit, property, services, debt, or other legal	6874
obligation involved in the violation or course of conduct is one	6875
hundred fifty thousand dollars or more, except as otherwise	6876
provided in division (I)(3) of this section, identity fraud is a	6877
felony of the second degree.	6878

(3) If the victim of the offense is an elderly person or	6879
disabled adult, a violation of this section is identity fraud	6880
against an elderly person or disabled adult. Except as otherwise	6881
provided in this division, identity fraud against an elderly	6882
person or disabled adult is a felony of the fifth degree. If the	6883
value of the credit, property, services, debt, or other legal	6884
obligation involved in the violation or course of conduct is five	6885
hundredone thousand dollars or more and is less than fiveseven	6886
thousand five hundred dollars, identity fraud against an elderly	6887
person or disabled adult is a felony of the third degree. If the	6888
value of the credit, property, services, debt, or other legal	6889
obligation involved in the violation or course of conduct is five	6890
seven thousand five hundred dollars or more and is less than one	6891
hundred fifty thousand dollars, identity fraud against an elderly	6892
person or disabled adult is a felony of the second degree. If the	6893
value of the credit, property, services, debt, or other legal	6894
obligation involved in the violation or course of conduct is one	6895
hundred fifty thousand dollars or more, identity fraud against an	6896
elderly person or disabled adult is a felony of the first degree.	6897

Sec. 2913.51.  (A) No person shall receive, retain, or	6898
dispose of property of another knowing or having reasonable cause	6899
to believe that the property has been obtained through commission	6900
of a theft offense.	6901

(B) It is not a defense to a charge of receiving stolen	6902
property in violation of this section that the property was	6903
obtained by means other than through the commission of a theft	6904
offense if the property was explicitly represented to the accused	6905
person as being obtained through the commission of a theft	6906
offense.	6907

(C) Whoever violates this section is guilty of receiving	6908
stolen property. Except as otherwise provided in this division,	6909
receiving stolen property is a misdemeanor of the first degree. If	6910
the value of the property involved is five hundredone thousand	6911
dollars or more and is less than fiveseven thousand five hundred	6912
dollars, if the property involved is any of the property listed in	6913
section 2913.71 of the Revised Code, receiving stolen property is	6914
a felony of the fifth degree. If the property involved is a motor	6915
vehicle, as defined in section 4501.01 of the Revised Code, if the	6916
property involved is a dangerous drug, as defined in section	6917
4729.01 of the Revised Code, if the value of the property involved	6918
is fiveseven thousand five hundred dollars or more and is less	6919
than one hundred fifty thousand dollars, or if the property	6920
involved is a firearm or dangerous ordnance, as defined in section	6921
2923.11 of the Revised Code, receiving stolen property is a felony	6922
of the fourth degree. If the value of the property involved is one	6923
hundred fifty thousand dollars or more, receiving stolen property	6924
is a felony of the third degree.	6925

Sec. 2913.61.  (A) When a person is charged with a theft	6926
offense, or with a violation of division (A)(1) of section 1716.14	6927
of the Revised Code involving a victim who is an elderly person or	6928
disabled adult that involves property or services valued at five	6929
hundredone thousand dollars or more, property or services valued	6930
at five hundredone thousand dollars or more and less than five	6931
seven thousand five hundred dollars, property or services valued	6932
at one thousand five hundred dollars or more and less than seven	6933
thousand five hundred dollars, property or services valued at five	6934
seven thousand five hundred dollars or more and less than	6935
twenty-fivethirty-seven thousand five hundred dollars, property	6936
or services valued at seven thousand five hundred dollars or more	6937
and less than one hundred fifty thousand dollars, property or	6938
services valued at twenty-fivethirty-seven thousand five hundred	6939
dollars or more and less than one hundred fifty thousand dollars,	6940
orproperty or services valued at thirty-seven thousand five	6941
hundred dollars or more, property or services valued at one	6942
hundred fifty thousand dollars or more, property or services	6943
valued at one hundred fifty thousand dollars or more and less than	6944
seven hundred fifty thousand dollars, property or services valued	6945
at seven hundred fifty thousand dollars or more and less than one	6946
million five hundred thousand dollars, or property or services	6947
valued at one million five hundred thousand dollars or more, the	6948
jury or court trying the accused shall determine the value of the	6949
property or services as of the time of the offense and, if a	6950
guilty verdict is returned, shall return the finding of value as	6951
part of the verdict. In any case in which the jury or court	6952
determines that the value of the property or services at the time	6953
of the offense was five hundredone thousand dollars or more, it	6954
is unnecessary to find and return the exact value, and it is	6955
sufficient if the finding and return is to the effect that the	6956
value of the property or services involved was five hundredone	6957
thousand dollars or more and less than fiveseven thousand five	6958
hundred dollars, was one thousand dollars or more and less than	6959
seven thousand five hundred dollars, was fiveseven thousand five	6960
hundred dollars or more and less than twenty-fivethirty-seven	6961
thousand five hundred dollars, was seven thousand five hundred	6962
dollars or more and less than thirty-seven thousand five hundred	6963
dollars, was seven thousand five hundred dollars or more and less	6964
than one hundred fifty thousand dollars, was twenty-five	6965
thirty-seven thousand five hundred dollars or more and less than	6966
one hundred fifty thousand dollars, orwas thirty-seven thousand	6967
five hundred dollars or more and less than one hundred fifty	6968
thousand dollars, was one hundred fifty thousand dollars or more,	6969
was one hundred fifty thousand dollars or more and less than seven	6970
hundred fifty thousand dollars, was seven hundred fifty thousand	6971
dollars or more and less than one million five hundred thousand	6972
dollars, or was one million five hundred thousand dollars or more,	6973
whichever is relevant regarding the offense.	6974

(B) If more than one item of property or services is involved	6975
in a theft offense or in a violation of division (A)(1) of section	6976
1716.14 of the Revised Code involving a victim who is an elderly	6977
person or disabled adult, the value of the property or services	6978
involved for the purpose of determining the value as required by	6979
division (A) of this section is the aggregate value of all	6980
property or services involved in the offense.	6981

(C)(1) When a series of offenses under section 2913.02 of the	6982
Revised Code, or a series of violations of, attempts to commit a	6983
violation of, conspiracies to violate, or complicity in violations	6984
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	6985
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	6986
2913.31 or 2913.43 of the Revised Code involving a victim who is	6987
an elderly person or disabled adult, is committed by the offender	6988
in the offender's same employment, capacity, or relationship to	6989
another, all of those offenses shall be tried as a single offense.	6990
The value of the property or services involved in the series of	6991
offenses for the purpose of determining the value as required by	6992
division (A) of this section is the aggregate value of all	6993
property and services involved in all offenses in the series.	6994

(2) If an offender commits a series of offenses under section	6995
2913.02 of the Revised Code that involves a common course of	6996
conduct to defraud multiple victims, all of the offenses may be	6997
tried as a single offense. If an offender is being tried for the	6998
commission of a series of violations of, attempts to commit a	6999
violation of, conspiracies to violate, or complicity in violations	7000
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	7001
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	7002
2913.31 or 2913.43 of the Revised Code, whether committed against	7003
one victim or more than one victim, involving a victim who is an	7004
elderly person or disabled adult, pursuant to a scheme or course	7005
of conduct, all of those offenses may be tried as a single	7006
offense. If the offenses are tried as a single offense, the value	7007
of the property or services involved for the purpose of	7008
determining the value as required by division (A) of this section	7009
is the aggregate value of all property and services involved in	7010
all of the offenses in the course of conduct.	7011

(3) When a series of two or more offenses under section	7012
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	7013
the offender in the offender's same employment, capacity, or	7014
relationship to another, all of those offenses may be tried as a	7015
single offense. If the offenses are tried as a single offense, the	7016
value of the property or services involved for the purpose of	7017
determining the value as required by division (A) of this section	7018
is the aggregate value of all property and services involved in	7019
all of the offenses in the series of two or more offenses.	7020

(4) In prosecuting a single offense under division (C)(1),	7021
(2), or (3) of this section, it is not necessary to separately	7022
allege and prove each offense in the series. Rather, it is	7023
sufficient to allege and prove that the offender, within a given	7024
span of time, committed one or more theft offenses or violations	7025
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	7026
offender's same employment, capacity, or relationship to another	7027
as described in division (C)(1) or (3) of this section, or	7028
committed one or more theft offenses that involve a common course	7029
of conduct to defraud multiple victims or a scheme or course of	7030
conduct as described in division (C)(2) of this section. While it	7031
is not necessary to separately allege and prove each offense in	7032
the series in order to prosecute a single offense under division	7033
(C)(1), (2), or (3) of this section, it remains necessary in	7034
prosecuting them as a single offense to prove the aggregate value	7035
of the property or services in order to meet the requisite	7036
statutory offense level sought by the prosecution.	7037

(D) The following criteria shall be used in determining the	7038
value of property or services involved in a theft offense:	7039

(1) The value of an heirloom, memento, collector's item,	7040
antique, museum piece, manuscript, document, record, or other	7041
thing that has intrinsic worth to its owner and that either is	7042
irreplaceable or is replaceable only on the expenditure of	7043
substantial time, effort, or money, is the amount that would	7044
compensate the owner for its loss.	7045

(2) The value of personal effects and household goods, and of	7046
materials, supplies, equipment, and fixtures used in the	7047
profession, business, trade, occupation, or avocation of its	7048
owner, which property is not covered under division (D)(1) of this	7049
section and which retains substantial utility for its purpose	7050
regardless of its age or condition, is the cost of replacing the	7051
property with new property of like kind and quality.	7052

(3) The value of any real or personal property that is not	7053
covered under division (D)(1) or (2) of this section, and the	7054
value of services, is the fair market value of the property or	7055
services. As used in this section, "fair market value" is the	7056
money consideration that a buyer would give and a seller would	7057
accept for property or services, assuming that the buyer is	7058
willing to buy and the seller is willing to sell, that both are	7059
fully informed as to all facts material to the transaction, and	7060
that neither is under any compulsion to act.	7061

(E) Without limitation on the evidence that may be used to	7062
establish the value of property or services involved in a theft	7063
offense:	7064

(1) When the property involved is personal property held for	7065
sale at wholesale or retail, the price at which the property was	7066
held for sale is prima-facie evidence of its value.	7067

(2) When the property involved is a security or commodity	7068
traded on an exchange, the closing price or, if there is no	7069
closing price, the asked price, given in the latest market	7070
quotation prior to the offense is prima-facie evidence of the	7071
value of the security or commodity.	7072

(3) When the property involved is livestock, poultry, or raw	7073
agricultural products for which a local market price is available,	7074
the latest local market price prior to the offense is prima-facie	7075
evidence of the value of the livestock, poultry, or products.	7076

(4) When the property involved is a negotiable instrument,	7077
the face value is prima-facie evidence of the value of the	7078
instrument.	7079

(5) When the property involved is a warehouse receipt, bill	7080
of lading, pawn ticket, claim check, or other instrument entitling	7081
the holder or bearer to receive property, the face value or, if	7082
there is no face value, the value of the property covered by the	7083
instrument less any payment necessary to receive the property is	7084
prima-facie evidence of the value of the instrument.	7085

(6) When the property involved is a ticket of admission,	7086
ticket for transportation, coupon, token, or other instrument	7087
entitling the holder or bearer to receive property or services,	7088
the face value or, if there is no face value, the value of the	7089
property or services that may be received by the instrument is	7090
prima-facie evidence of the value of the instrument.	7091

(7) When the services involved are gas, electricity, water,	7092
telephone, transportation, shipping, or other services for which	7093
the rate is established by law, the duly established rate is	7094
prima-facie evidence of the value of the services.	7095

(8) When the services involved are services for which the	7096
rate is not established by law, and the offender has been notified	7097
prior to the offense of the rate for the services, either in	7098
writing, orally, or by posting in a manner reasonably calculated	7099
to come to the attention of potential offenders, the rate	7100
contained in the notice is prima-facie evidence of the value of	7101
the services.	7102

Sec. 2915.05.  (A) No person, with purpose to defraud or	7103
knowing that the person is facilitating a fraud, shall engage in	7104
conduct designed to corrupt the outcome of any of the following:	7105

(1) The subject of a bet;

7106

(2) A contest of knowledge, skill, or endurance that is not	7107
an athletic or sporting event;	7108

(3) A scheme or game of chance;

7109

(4) Bingo.

7110

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

7111

(1) Offer, give, solicit, or accept anything of value to	7112
corrupt the outcome of an athletic or sporting event;	7113

(2) Engage in conduct designed to corrupt the outcome of an	7114
athletic or sporting event.	7115

(C)(1) Whoever violates division (A) of this section is	7116
guilty of cheating. Except as otherwise provided in this division,	7117
cheating is a misdemeanor of the first degree. If the potential	7118
gain from the cheating is five hundredone thousand dollars or	7119
more or if the offender previously has been convicted of any	7120
gambling offense or of any theft offense, as defined in section	7121
2913.01 of the Revised Code, cheating is a felony of the fifth	7122
degree.	7123

(2) Whoever violates division (B) of this section is guilty	7124
of corrupting sports. Corrupting sports is a felony of the fifth	7125
degree on a first offense and a felony of the fourth degree on	7126
each subsequent offense.	7127

Sec. 2917.21.  (A) No person shall knowingly make or cause to	7128
be made a telecommunication, or knowingly permit a	7129
telecommunication to be made from a telecommunications device	7130
under the person's control, to another, if the caller does any of	7131
the following:	7132

(1) Fails to identify the caller to the recipient of the	7133
telecommunication and makes the telecommunication with purpose to	7134
harass or abuse any person at the premises to which the	7135
telecommunication is made, whether or not actual communication	7136
takes place between the caller and a recipient;	7137

(2) Describes, suggests, requests, or proposes that the	7138
caller, the recipient of the telecommunication, or any other	7139
person engage in sexual activity, and the recipient or another	7140
person at the premises to which the telecommunication is made has	7141
requested, in a previous telecommunication or in the immediate	7142
telecommunication, that the caller not make a telecommunication to	7143
the recipient or to the premises to which the telecommunication is	7144
made;	7145

(3) During the telecommunication, violates section 2903.21 of	7146
the Revised Code;	7147

(4) Knowingly states to the recipient of the	7148
telecommunication that the caller intends to cause damage to or	7149
destroy public or private property, and the recipient, any member	7150
of the recipient's family, or any other person who resides at the	7151
premises to which the telecommunication is made owns, leases,	7152
resides, or works in, will at the time of the destruction or	7153
damaging be near or in, has the responsibility of protecting, or	7154
insures the property that will be destroyed or damaged;	7155

(5) Knowingly makes the telecommunication to the recipient of	7156
the telecommunication, to another person at the premises to which	7157
the telecommunication is made, or to those premises, and the	7158
recipient or another person at those premises previously has told	7159
the caller not to make a telecommunication to those premises or to	7160
any persons at those premises.	7161

(B) No person shall make or cause to be made a	7162
telecommunication, or permit a telecommunication to be made from a	7163
telecommunications device under the person's control, with purpose	7164
to abuse, threaten, or harass another person.	7165

(C)(1) Whoever violates this section is guilty of	7166
telecommunications harassment.	7167

(2) A violation of division (A)(1), (2), (3), or (5) or (B)	7168
of this section is a misdemeanor of the first degree on a first	7169
offense and a felony of the fifth degree on each subsequent	7170
offense.	7171

(3) Except as otherwise provided in division (C)(3) of this	7172
section, a violation of division (A)(4) of this section is a	7173
misdemeanor of the first degree on a first offense and a felony of	7174
the fifth degree on each subsequent offense. If a violation of	7175
division (A)(4) of this section results in economic harm of five	7176
hundredone thousand dollars or more but less than fiveseven	7177
thousand five hundred dollars, telecommunications harassment is a	7178
felony of the fifth degree. If a violation of division (A)(4) of	7179
this section results in economic harm of fiveseven thousand five	7180
hundred dollars or more but less than one hundred fifty thousand	7181
dollars, telecommunications harassment is a felony of the fourth	7182
degree. If a violation of division (A)(4) of this section results	7183
in economic harm of one hundred fifty thousand dollars or more,	7184
telecommunications harassment is a felony of the third degree.	7185

(D) No cause of action may be asserted in any court of this	7186
state against any provider of a telecommunications service or	7187
information service, or against any officer, employee, or agent of	7188
a telecommunication service or information service, for any	7189
injury, death, or loss to person or property that allegedly arises	7190
out of the provider's, officer's, employee's, or agent's provision	7191
of information, facilities, or assistance in accordance with the	7192
terms of a court order that is issued in relation to the	7193
investigation or prosecution of an alleged violation of this	7194
section. A provider of a telecommunications service or information	7195
service, or an officer, employee, or agent of a telecommunications	7196
service or information service, is immune from any civil or	7197
criminal liability for injury, death, or loss to person or	7198
property that allegedly arises out of the provider's, officer's,	7199
employee's, or agent's provision of information, facilities, or	7200
assistance in accordance with the terms of a court order that is	7201
issued in relation to the investigation or prosecution of an	7202
alleged violation of this section.	7203

(E) As used in this section:

7204

(1) "Economic harm" means all direct, incidental, and	7205
consequential pecuniary harm suffered by a victim as a result of	7206
criminal conduct. "Economic harm" includes, but is not limited to,	7207
all of the following:	7208

(a) All wages, salaries, or other compensation lost as a	7209
result of the criminal conduct;	7210

(b) The cost of all wages, salaries, or other compensation	7211
paid to employees for time those employees are prevented from	7212
working as a result of the criminal conduct;	7213

(c) The overhead costs incurred for the time that a business	7214
is shut down as a result of the criminal conduct;	7215

(d) The loss of value to tangible or intangible property that	7216
was damaged as a result of the criminal conduct.	7217

(2) "Caller" means the person described in division (A) of	7218
this section who makes or causes to be made a telecommunication or	7219
who permits a telecommunication to be made from a	7220
telecommunications device under that person's control.	7221

(3) "Telecommunication" and "telecommunications device" have	7222
the same meanings as in section 2913.01 of the Revised Code.	7223

(4) "Sexual activity" has the same meaning as in section	7224
2907.01 of the Revised Code.	7225

(F) Nothing in this section prohibits a person from making a	7226
telecommunication to a debtor that is in compliance with the "Fair	7227
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.	7228
1692, as amended, or the "Telephone Consumer Protection Act," 105	7229
Stat. 2395 (1991), 47 U.S.C. 227, as amended.	7230

Sec. 2917.31.  (A) No person shall cause the evacuation of	7231
any public place, or otherwise cause serious public inconvenience	7232
or alarm, by doing any of the following:	7233

(1) Initiating or circulating a report or warning of an	7234
alleged or impending fire, explosion, crime, or other catastrophe,	7235
knowing that such report or warning is false;	7236

(2) Threatening to commit any offense of violence;

7237

(3) Committing any offense, with reckless disregard of the	7238
likelihood that its commission will cause serious public	7239
inconvenience or alarm.	7240

(B) Division (A)(1) of this section does not apply to any	7241
person conducting an authorized fire or emergency drill.	7242

(C)(1) Whoever violates this section is guilty of inducing	7243
panic.	7244

(2) Except as otherwise provided in division (C)(3), (4),	7245
(5), (6), (7), or (8) of this section, inducing panic is a	7246
misdemeanor of the first degree.	7247

(3) Except as otherwise provided in division (C)(4), (5),	7248
(6), (7), or (8) of this section, if a violation of this section	7249
results in physical harm to any person, inducing panic is a felony	7250
of the fourth degree.	7251

(4) Except as otherwise provided in division (C)(5), (6),	7252
(7), or (8) of this section, if a violation of this section	7253
results in economic harm, the penalty shall be determined as	7254
follows:	7255

(a) If the violation results in economic harm of five hundred	7256
one thousand dollars or more but less than fiveseven thousand	7257
five hundred dollars and if division (C)(3) of this section does	7258
not apply, inducing panic is a felony of the fifth degree.	7259

(b) If the violation results in economic harm of fiveseven	7260
thousand five hundred dollars or more but less than one hundred	7261
fifty thousand dollars, inducing panic is a felony of the fourth	7262
degree.	7263

(c) If the violation results in economic harm of one hundred	7264
fifty thousand dollars or more, inducing panic is a felony of the	7265
third degree.	7266

(5) If the public place involved in a violation of division	7267
(A)(1) of this section is a school or an institution of higher	7268
education, inducing panic is a felony of the second degree.	7269

(6) If the violation pertains to a purported, threatened, or	7270
actual use of a weapon of mass destruction, and except as	7271
otherwise provided in division (C)(5), (7), or (8) of this	7272
section, inducing panic is a felony of the fourth degree.	7273

(7) If the violation pertains to a purported, threatened, or	7274
actual use of a weapon of mass destruction, and except as	7275
otherwise provided in division (C)(5) of this section, if a	7276
violation of this section results in physical harm to any person,	7277
inducing panic is a felony of the third degree.	7278

(8) If the violation pertains to a purported, threatened, or	7279
actual use of a weapon of mass destruction, and except as	7280
otherwise provided in division (C)(5) of this section, if a	7281
violation of this section results in economic harm of one hundred	7282
thousand dollars or more, inducing panic is a felony of the third	7283
degree.	7284

(D)(1) It is not a defense to a charge under this section	7285
that pertains to a purported or threatened use of a weapon of mass	7286
destruction that the offender did not possess or have the ability	7287
to use a weapon of mass destruction or that what was represented	7288
to be a weapon of mass destruction was not a weapon of mass	7289
destruction.	7290

(2) Any act that is a violation of this section and any other	7291
section of the Revised Code may be prosecuted under this section,	7292
the other section, or both sections.	7293

(E) As used in this section:

7294

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

7295

(a) All direct, incidental, and consequential pecuniary harm	7296
suffered by a victim as a result of criminal conduct. "Economic	7297
harm" as described in this division includes, but is not limited	7298
to, all of the following:	7299

(i) All wages, salaries, or other compensation lost as a	7300
result of the criminal conduct;	7301

(ii) The cost of all wages, salaries, or other compensation	7302
paid to employees for time those employees are prevented from	7303
working as a result of the criminal conduct;	7304

(iii) The overhead costs incurred for the time that a	7305
business is shut down as a result of the criminal conduct;	7306

(iv) The loss of value to tangible or intangible property	7307
that was damaged as a result of the criminal conduct.	7308

(b) All costs incurred by the state or any political	7309
subdivision as a result of, or in making any response to, the	7310
criminal conduct that constituted the violation of this section or	7311
section 2917.32 of the Revised Code, including, but not limited	7312
to, all costs so incurred by any law enforcement officers,	7313
firefighters, rescue personnel, or emergency medical services	7314
personnel of the state or the political subdivision.	7315

(2) "School" means any school operated by a board of	7316
education or any school for which the state board of education	7317
prescribes minimum standards under section 3301.07 of the Revised	7318
Code, whether or not any instruction, extracurricular activities,	7319
or training provided by the school is being conducted at the time	7320
a violation of this section is committed.	7321

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

7322

(a) Any weapon that is designed or intended to cause death or	7323
serious physical harm through the release, dissemination, or	7324
impact of toxic or poisonous chemicals, or their precursors;	7325

(b) Any weapon involving a disease organism or biological	7326
agent;	7327

(c) Any weapon that is designed to release radiation or	7328
radioactivity at a level dangerous to human life;	7329

(d) Any of the following, except to the extent that the item	7330
or device in question is expressly excepted from the definition of	7331
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and	7332
regulations issued under that section:	7333

(i) Any explosive, incendiary, or poison gas bomb, grenade,	7334
rocket having a propellant charge of more than four ounces,	7335
missile having an explosive or incendiary charge of more than	7336
one-quarter ounce, mine, or similar device;	7337

(ii) Any combination of parts either designed or intended for	7338
use in converting any item or device into any item or device	7339
described in division (E)(3)(d)(i) of this section and from which	7340
an item or device described in that division may be readily	7341
assembled.	7342

(4) "Biological agent" has the same meaning as in section	7343
2917.33 of the Revised Code.	7344

(5) "Emergency medical services personnel" has the same	7345
meaning as in section 2133.21 of the Revised Code.	7346

(6) "Institution of higher education" means any of the	7347
following:	7348

(a) A state university or college as defined in division	7349
(A)(1) of section 3345.12 of the Revised Code, community college,	7350
state community college, university branch, or technical college;	7351

(b) A private, nonprofit college, university or other	7352
post-secondary institution located in this state that possesses a	7353
certificate of authorization issued by the Ohio board of regents	7354
pursuant to Chapter 1713. of the Revised Code;	7355

(c) A post-secondary institution with a certificate of	7356
registration issued by the state board of career colleges and	7357
schools under Chapter 3332. of the Revised Code.	7358

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

7359

(1) Initiate or circulate a report or warning of an alleged	7360
or impending fire, explosion, crime, or other catastrophe, knowing	7361
that the report or warning is false and likely to cause public	7362
inconvenience or alarm;	7363

(2) Knowingly cause a false alarm of fire or other emergency	7364
to be transmitted to or within any organization, public or	7365
private, for dealing with emergencies involving a risk of physical	7366
harm to persons or property;	7367

(3) Report to any law enforcement agency an alleged offense	7368
or other incident within its concern, knowing that such offense	7369
did not occur.	7370

(B) This section does not apply to any person conducting an	7371
authorized fire or emergency drill.	7372

(C)(1) Whoever violates this section is guilty of making	7373
false alarms.	7374

(2) Except as otherwise provided in division (C)(3), (4),	7375
(5), or (6) of this section, making false alarms is a misdemeanor	7376
of the first degree.	7377

(3) Except as otherwise provided in division (C)(4) of this	7378
section, if a violation of this section results in economic harm	7379
of five hundredone thousand dollars or more but less than five	7380
seven thousand five hundred dollars, making false alarms is a	7381
felony of the fifth degree.	7382

(4) If a violation of this section pertains to a purported,	7383
threatened, or actual use of a weapon of mass destruction, making	7384
false alarms is a felony of the third degree.	7385

(5) If a violation of this section results in economic harm	7386
of fiveseven thousand five hundred dollars or more but less than	7387
one hundred fifty thousand dollars and if division (C)(4) of this	7388
section does not apply, making false alarms is a felony of the	7389
fourth degree.	7390

(6) If a violation of this section results in economic harm	7391
of one hundred fifty thousand dollars or more, making false alarms	7392
is a felony of the third degree.	7393

(D)(1) It is not a defense to a charge under this section	7394
that pertains to a purported or threatened use of a weapon of mass	7395
destruction that the offender did not possess or have the ability	7396
to use a weapon of mass destruction or that what was represented	7397
to be a weapon of mass destruction was not a weapon of mass	7398
destruction.	7399

(2) Any act that is a violation of this section and any other	7400
section of the Revised Code may be prosecuted under this section,	7401
the other section, or both sections.	7402

(E) As used in this section, "economic harm" and "weapon of	7403
mass destruction" have the same meanings as in section 2917.31 of	7404
the Revised Code.	7405

Sec. 2919.21.  (A) No person shall abandon, or fail to	7406
provide adequate support to:	7407

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

7408

(2) The person's child who is under age eighteen, or mentally	7409
or physically handicapped child who is under age twenty-one;	7410

(3) The person's aged or infirm parent or adoptive parent,	7411
who from lack of ability and means is unable to provide adequately	7412
for the parent's own support.	7413

(B) No person shall abandon, or fail to provide support as	7414
established by a court order to, another person whom, by court	7415
order or decree, the person is legally obligated to support.	7416

(C) No person shall aid, abet, induce, cause, encourage, or	7417
contribute to a child or a ward of the juvenile court becoming a	7418
dependent child, as defined in section 2151.04 of the Revised	7419
Code, or a neglected child, as defined in section 2151.03 of the	7420
Revised Code.	7421

(D) It is an affirmative defense to a charge of failure to	7422
provide adequate support under division (A) of this section or a	7423
charge of failure to provide support established by a court order	7424
under division (B) of this section that the accused was unable to	7425
provide adequate support or the established support but did	7426
provide the support that was within the accused's ability and	7427
means.	7428

(E) It is an affirmative defense to a charge under division	7429
(A)(3) of this section that the parent abandoned the accused or	7430
failed to support the accused as required by law, while the	7431
accused was under age eighteen, or was mentally or physically	7432
handicapped and under age twenty-one.	7433

(F) It is not a defense to a charge under division (B) of	7434
this section that the person whom a court has ordered the accused	7435
to support is being adequately supported by someone other than the	7436
accused.	7437

(G)(1) Except as otherwise provided in this division, whoever	7438
violates division (A) or (B) of this section is guilty of	7439
nonsupport of dependents, a misdemeanor of the first degree. If	7440
the offender previously has been convicted of or pleaded guilty to	7441
a violation of division (A)(2) or (B) of this section or if the	7442
offender has failed to provide support under division (A)(2) or	7443
(B) of this section for a total accumulated period of twenty-six	7444
weeks out of one hundred four consecutive weeks, whether or not	7445
the twenty-six weeks were consecutive, then a violation of	7446
division (A)(2) or (B) of this section is a felony of the fifth	7447
degree. If the offender previously has been convicted of or	7448
pleaded guilty to a felony violation of this section, a violation	7449
of division (A)(2) or (B) of this section is a felony of the	7450
fourth degree. If	7451

If the violation of division (A) or (B) of this section is a	7452
felony, all of the following apply to the sentencing of the	7453
offender:	7454

(a) Except as otherwise provided in division (G)(1)(b) of	7455
this section, the court in imposing sentence on the offender shall	7456
first consider placing the offender on one or more community	7457
control sanctions under section 2929.16, 2929.17, or 2929.18 of	7458
the Revised Code, with an emphasis under the sanctions on	7459
intervention for nonsupport, obtaining or maintaining employment,	7460
or another related condition.	7461

(b) The preference for placement on community control	7462
sanctions described in division (G)(1)(a) of this section does not	7463
apply to any offender to whom one or more of the following	7464
applies:	7465

(i) The court determines that the imposition of a prison term	7466
on the offender is consistent with the purposes and principles of	7467
sentencing set forth in section 2929.11 of the Revised Code.	7468

(ii) The offender previously was convicted of or pleaded	7469
guilty to a violation of this section that was a felony, and the	7470
offender was sentenced to a prison term for that violation.	7471

(iii) The offender previously was convicted of or pleaded	7472
guilty to a violation of this section that was a felony, the	7473
offender was sentenced to one or more community control sanctions	7474
of a type described in division (G)(1)(a) of this section for that	7475
violation, and the offender failed to comply with the conditions	7476
of any of those community control sanctions.	7477

(2) If the offender is guilty of nonsupport of dependents by	7478
reason of failing to provide support to the offender's child as	7479
required by a child support order issued on or after April 15,	7480
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33,	7481
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the	7482
Revised Code, the court, in addition to any other sentence	7483
imposed, shall assess all court costs arising out of the charge	7484
against the person and require the person to pay any reasonable	7485
attorney's fees of any adverse party other than the state, as	7486
determined by the court, that arose in relation to the charge.	7487

(2)(3) Whoever violates division (C) of this section is	7488
guilty of contributing to the nonsupport of dependents, a	7489
misdemeanor of the first degree. Each day of violation of division	7490
(C) of this section is a separate offense.	7491

Sec. 2919.22.  (A) No person, who is the parent, guardian,	7492
custodian, person having custody or control, or person in loco	7493
parentis of a child under eighteen years of age or a mentally or	7494
physically handicapped child under twenty-one years of age, shall	7495
create a substantial risk to the health or safety of the child, by	7496
violating a duty of care, protection, or support. It is not a	7497
violation of a duty of care, protection, or support under this	7498
division when the parent, guardian, custodian, or person having	7499
custody or control of a child treats the physical or mental	7500
illness or defect of the child by spiritual means through prayer	7501
alone, in accordance with the tenets of a recognized religious	7502
body.	7503

(B) No person shall do any of the following to a child under	7504
eighteen years of age or a mentally or physically handicapped	7505
child under twenty-one years of age:	7506

(1) Abuse the child;

7507

(2) Torture or cruelly abuse the child;

7508

(3) Administer corporal punishment or other physical	7509
disciplinary measure, or physically restrain the child in a cruel	7510
manner or for a prolonged period, which punishment, discipline, or	7511
restraint is excessive under the circumstances and creates a	7512
substantial risk of serious physical harm to the child;	7513

(4) Repeatedly administer unwarranted disciplinary measures	7514
to the child, when there is a substantial risk that such conduct,	7515
if continued, will seriously impair or retard the child's mental	7516
health or development;	7517

(5) Entice, coerce, permit, encourage, compel, hire, employ,	7518
use, or allow the child to act, model, or in any other way	7519
participate in, or be photographed for, the production,	7520
presentation, dissemination, or advertisement of any material or	7521
performance that the offender knows or reasonably should know is	7522
obscene, is sexually oriented matter, or is nudity-oriented	7523
matter;	7524

(6) Allow the child to be on the same parcel of real property	7525
and within one hundred feet of, or, in the case of more than one	7526
housing unit on the same parcel of real property, in the same	7527
housing unit and within one hundred feet of, any act in violation	7528
of section 2925.04 or 2925.041 of the Revised Code when the person	7529
knows that the act is occurring, whether or not any person is	7530
prosecuted for or convicted of the violation of section 2925.04 or	7531
2925.041 of the Revised Code that is the basis of the violation of	7532
this division.	7533

(C)(1) No person shall operate a vehicle, streetcar, or	7534
trackless trolley within this state in violation of division (A)	7535
of section 4511.19 of the Revised Code when one or more children	7536
under eighteen years of age are in the vehicle, streetcar, or	7537
trackless trolley. Notwithstanding any other provision of law, a	7538
person may be convicted at the same trial or proceeding of a	7539
violation of this division and a violation of division (A) of	7540
section 4511.19 of the Revised Code that constitutes the basis of	7541
the charge of the violation of this division. For purposes of	7542
sections 4511.191 to 4511.197 of the Revised Code and all related	7543
provisions of law, a person arrested for a violation of this	7544
division shall be considered to be under arrest for operating a	7545
vehicle while under the influence of alcohol, a drug of abuse, or	7546
a combination of them or for operating a vehicle with a prohibited	7547
concentration of alcohol, a controlled substance, or a metabolite	7548
of a controlled substance in the whole blood, blood serum or	7549
plasma, breath, or urine.	7550

(2) As used in division (C)(1) of this section:

7551

(a) "Controlled substance" has the same meaning as in section	7552
3719.01 of the Revised Code.	7553

(b) "Vehicle," "streetcar," and "trackless trolley" have the	7554
same meanings as in section 4511.01 of the Revised Code.	7555

(D)(1) Division (B)(5) of this section does not apply to any	7556
material or performance that is produced, presented, or	7557
disseminated for a bona fide medical, scientific, educational,	7558
religious, governmental, judicial, or other proper purpose, by or	7559
to a physician, psychologist, sociologist, scientist, teacher,	7560
person pursuing bona fide studies or research, librarian, member	7561
of the clergy, prosecutor, judge, or other person having a proper	7562
interest in the material or performance.	7563

(2) Mistake of age is not a defense to a charge under	7564
division (B)(5) of this section.	7565

(3) In a prosecution under division (B)(5) of this section,	7566
the trier of fact may infer that an actor, model, or participant	7567
in the material or performance involved is a juvenile if the	7568
material or performance, through its title, text, visual	7569
representation, or otherwise, represents or depicts the actor,	7570
model, or participant as a juvenile.	7571

(4) As used in this division and division (B)(5) of this	7572
section:	7573

(a) "Material," "performance," "obscene," and "sexual	7574
activity" have the same meanings as in section 2907.01 of the	7575
Revised Code.	7576

(b) "Nudity-oriented matter" means any material or	7577
performance that shows a minor in a state of nudity and that,	7578
taken as a whole by the average person applying contemporary	7579
community standards, appeals to prurient interest.	7580

(c) "Sexually oriented matter" means any material or	7581
performance that shows a minor participating or engaging in sexual	7582
activity, masturbation, or bestiality.	7583

(E)(1) Whoever violates this section is guilty of endangering	7584
children.	7585

(2) If the offender violates division (A) or (B)(1) of this	7586
section, endangering children is one of the following, and, in the	7587
circumstances described in division (E)(2)(e) of this section,	7588
that division applies:	7589

(a) Except as otherwise provided in division (E)(2)(b), (c),	7590
or (d) of this section, a misdemeanor of the first degree;	7591

(b) If the offender previously has been convicted of an	7592
offense under this section or of any offense involving neglect,	7593
abandonment, contributing to the delinquency of, or physical abuse	7594
of a child, except as otherwise provided in division (E)(2)(c) or	7595
(d) of this section, a felony of the fourth degree;	7596

(c) If the violation is a violation of division (A) of this	7597
section and results in serious physical harm to the child	7598
involved, a felony of the third degree;	7599

(d) If the violation is a violation of division (B)(1) of	7600
this section and results in serious physical harm to the child	7601
involved, a felony of the second degree.	7602

(e) If the violation is a felony violation of division (B)(1)	7603
of this section and the offender also is convicted of or pleads	7604
guilty to a specification as described in section 2941.1422 of the	7605
Revised Code that was included in the indictment, count in the	7606
indictment, or information charging the offense, the court shall	7607
sentence the offender to a mandatory prison term as provided in	7608
division (D)(B)(7) of section 2929.14 of the Revised Code and	7609
shall order the offender to make restitution as provided in	7610
division (B)(8) of section 2929.18 of the Revised Code.	7611

(3) If the offender violates division (B)(2), (3), (4), or	7612
(6) of this section, except as otherwise provided in this	7613
division, endangering children is a felony of the third degree. If	7614
the violation results in serious physical harm to the child	7615
involved, or if the offender previously has been convicted of an	7616
offense under this section or of any offense involving neglect,	7617
abandonment, contributing to the delinquency of, or physical abuse	7618
of a child, endangering children is a felony of the second degree.	7619
If the offender violates division (B)(2), (3), or (4) of this	7620
section and the offender also is convicted of or pleads guilty to	7621
a specification as described in section 2941.1422 of the Revised	7622
Code that was included in the indictment, count in the indictment,	7623
or information charging the offense, the court shall sentence the	7624
offender to a mandatory prison term as provided in division	7625
(D)(B)(7) of section 2929.14 of the Revised Code and shall order	7626
the offender to make restitution as provided in division (B)(8) of	7627
section 2929.18 of the Revised Code. If the offender violates	7628
division (B)(6) of this section and the drug involved is	7629
methamphetamine, the court shall impose a mandatory prison term on	7630
the offender as follows:	7631

(a) If the violation is a violation of division (B)(6) of	7632
this section that is a felony of the third degree under division	7633
(E)(3) of this section and the drug involved is methamphetamine,	7634
except as otherwise provided in this division, the court shall	7635
impose as a mandatory prison term one of the prison terms	7636
prescribed for a felony of the third degree that is not less than	7637
two years. If the violation is a violation of division (B)(6) of	7638
this section that is a felony of the third degree under division	7639
(E)(3) of this section, if the drug involved is methamphetamine,	7640
and if the offender previously has been convicted of or pleaded	7641
guilty to a violation of division (B)(6) of this section, a	7642
violation of division (A) of section 2925.04 of the Revised Code,	7643
or a violation of division (A) of section 2925.041 of the Revised	7644
Code, the court shall impose as a mandatory prison term one of the	7645
prison terms prescribed for a felony of the third degree that is	7646
not less than five years.	7647

(b) If the violation is a violation of division (B)(6) of	7648
this section that is a felony of the second degree under division	7649
(E)(3) of this section and the drug involved is methamphetamine,	7650
except as otherwise provided in this division, the court shall	7651
impose as a mandatory prison term one of the prison terms	7652
prescribed for a felony of the second degree that is not less than	7653
three years. If the violation is a violation of division (B)(6) of	7654
this section that is a felony of the second degree under division	7655
(E)(3) of this section, if the drug involved is methamphetamine,	7656
and if the offender previously has been convicted of or pleaded	7657
guilty to a violation of division (B)(6) of this section, a	7658
violation of division (A) of section 2925.04 of the Revised Code,	7659
or a violation of division (A) of section 2925.041 of the Revised	7660
Code, the court shall impose as a mandatory prison term one of the	7661
prison terms prescribed for a felony of the second degree that is	7662
not less than five years.	7663

(4) If the offender violates division (B)(5) of this section,	7664
endangering children is a felony of the second degree. If the	7665
offender also is convicted of or pleads guilty to a specification	7666
as described in section 2941.1422 of the Revised Code that was	7667
included in the indictment, count in the indictment, or	7668
information charging the offense, the court shall sentence the	7669
offender to a mandatory prison term as provided in division	7670
(D)(B)(7) of section 2929.14 of the Revised Code and shall order	7671
the offender to make restitution as provided in division (B)(8) of	7672
section 2929.18 of the Revised Code.	7673

(5) If the offender violates division (C) of this section,	7674
the offender shall be punished as follows:	7675

(a) Except as otherwise provided in division (E)(5)(b) or (c)	7676
of this section, endangering children in violation of division (C)	7677
of this section is a misdemeanor of the first degree.	7678

(b) If the violation results in serious physical harm to the	7679
child involved or the offender previously has been convicted of an	7680
offense under this section or any offense involving neglect,	7681
abandonment, contributing to the delinquency of, or physical abuse	7682
of a child, except as otherwise provided in division (E)(5)(c) of	7683
this section, endangering children in violation of division (C) of	7684
this section is a felony of the fifth degree.	7685

(c) If the violation results in serious physical harm to the	7686
child involved and if the offender previously has been convicted	7687
of a violation of division (C) of this section, section 2903.06 or	7688
2903.08 of the Revised Code, section 2903.07 of the Revised Code	7689
as it existed prior to March 23, 2000, or section 2903.04 of the	7690
Revised Code in a case in which the offender was subject to the	7691
sanctions described in division (D) of that section, endangering	7692
children in violation of division (C) of this section is a felony	7693
of the fourth degree.	7694

(d) In addition to any term of imprisonment, fine, or other	7695
sentence, penalty, or sanction it imposes upon the offender	7696
pursuant to division (E)(5)(a), (b), or (c) of this section or	7697
pursuant to any other provision of law and in addition to any	7698
suspension of the offender's driver's or commercial driver's	7699
license or permit or nonresident operating privilege under Chapter	7700
4506., 4509., 4510., or 4511. of the Revised Code or under any	7701
other provision of law, the court also may impose upon the	7702
offender a class seven suspension of the offender's driver's or	7703
commercial driver's license or permit or nonresident operating	7704
privilege from the range specified in division (A)(7) of section	7705
4510.02 of the Revised Code.	7706

(e) In addition to any term of imprisonment, fine, or other	7707
sentence, penalty, or sanction imposed upon the offender pursuant	7708
to division (E)(5)(a), (b), (c), or (d) of this section or	7709
pursuant to any other provision of law for the violation of	7710
division (C) of this section, if as part of the same trial or	7711
proceeding the offender also is convicted of or pleads guilty to a	7712
separate charge charging the violation of division (A) of section	7713
4511.19 of the Revised Code that was the basis of the charge of	7714
the violation of division (C) of this section, the offender also	7715
shall be sentenced in accordance with section 4511.19 of the	7716
Revised Code for that violation of division (A) of section 4511.19	7717
of the Revised Code.	7718

(F)(1)(a) A court may require an offender to perform not more	7719
than two hundred hours of supervised community service work under	7720
the authority of an agency, subdivision, or charitable	7721
organization. The requirement shall be part of the community	7722
control sanction or sentence of the offender, and the court shall	7723
impose the community service in accordance with and subject to	7724
divisions (F)(1)(a) and (b) of this section. The court may require	7725
an offender whom it requires to perform supervised community	7726
service work as part of the offender's community control sanction	7727
or sentence to pay the court a reasonable fee to cover the costs	7728
of the offender's participation in the work, including, but not	7729
limited to, the costs of procuring a policy or policies of	7730
liability insurance to cover the period during which the offender	7731
will perform the work. If the court requires the offender to	7732
perform supervised community service work as part of the	7733
offender's community control sanction or sentence, the court shall	7734
do so in accordance with the following limitations and criteria:	7735

(i) The court shall require that the community service work	7736
be performed after completion of the term of imprisonment or jail	7737
term imposed upon the offender for the violation of division (C)	7738
of this section, if applicable.	7739

(ii) The supervised community service work shall be subject	7740
to the limitations set forth in divisions (B)(1), (2), and (3) of	7741
section 2951.02 of the Revised Code.	7742

(iii) The community service work shall be supervised in the	7743
manner described in division (B)(4) of section 2951.02 of the	7744
Revised Code by an official or person with the qualifications	7745
described in that division. The official or person periodically	7746
shall report in writing to the court concerning the conduct of the	7747
offender in performing the work.	7748

(iv) The court shall inform the offender in writing that if	7749
the offender does not adequately perform, as determined by the	7750
court, all of the required community service work, the court may	7751
order that the offender be committed to a jail or workhouse for a	7752
period of time that does not exceed the term of imprisonment that	7753
the court could have imposed upon the offender for the violation	7754
of division (C) of this section, reduced by the total amount of	7755
time that the offender actually was imprisoned under the sentence	7756
or term that was imposed upon the offender for that violation and	7757
by the total amount of time that the offender was confined for any	7758
reason arising out of the offense for which the offender was	7759
convicted and sentenced as described in sections 2949.08 and	7760
2967.191 of the Revised Code, and that, if the court orders that	7761
the offender be so committed, the court is authorized, but not	7762
required, to grant the offender credit upon the period of the	7763
commitment for the community service work that the offender	7764
adequately performed.	7765

(b) If a court, pursuant to division (F)(1)(a) of this	7766
section, orders an offender to perform community service work as	7767
part of the offender's community control sanction or sentence and	7768
if the offender does not adequately perform all of the required	7769
community service work, as determined by the court, the court may	7770
order that the offender be committed to a jail or workhouse for a	7771
period of time that does not exceed the term of imprisonment that	7772
the court could have imposed upon the offender for the violation	7773
of division (C) of this section, reduced by the total amount of	7774
time that the offender actually was imprisoned under the sentence	7775
or term that was imposed upon the offender for that violation and	7776
by the total amount of time that the offender was confined for any	7777
reason arising out of the offense for which the offender was	7778
convicted and sentenced as described in sections 2949.08 and	7779
2967.191 of the Revised Code. The court may order that a person	7780
committed pursuant to this division shall receive hour-for-hour	7781
credit upon the period of the commitment for the community service	7782
work that the offender adequately performed. No commitment	7783
pursuant to this division shall exceed the period of the term of	7784
imprisonment that the sentencing court could have imposed upon the	7785
offender for the violation of division (C) of this section,	7786
reduced by the total amount of time that the offender actually was	7787
imprisoned under that sentence or term and by the total amount of	7788
time that the offender was confined for any reason arising out of	7789
the offense for which the offender was convicted and sentenced as	7790
described in sections 2949.08 and 2967.191 of the Revised Code.	7791

(2) Division (F)(1) of this section does not limit or affect	7792
the authority of the court to suspend the sentence imposed upon a	7793
misdemeanor offender and place the offender under a community	7794
control sanction pursuant to section 2929.25 of the Revised Code,	7795
to require a misdemeanor or felony offender to perform supervised	7796
community service work in accordance with division (B) of section	7797
2951.02 of the Revised Code, or to place a felony offender under a	7798
community control sanction.	7799

(G)(1) If a court suspends an offender's driver's or	7800
commercial driver's license or permit or nonresident operating	7801
privilege under division (E)(5)(d) of this section, the period of	7802
the suspension shall be consecutive to, and commence after, the	7803
period of suspension of the offender's driver's or commercial	7804
driver's license or permit or nonresident operating privilege that	7805
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	7806
Revised Code or under any other provision of law in relation to	7807
the violation of division (C) of this section that is the basis of	7808
the suspension under division (E)(5)(d) of this section or in	7809
relation to the violation of division (A) of section 4511.19 of	7810
the Revised Code that is the basis for that violation of division	7811
(C) of this section.	7812

(2) An offender is not entitled to request, and the court	7813
shall not grant to the offender, limited driving privileges if the	7814
offender's license, permit, or privilege has been suspended under	7815
division (E)(5)(d) of this section and the offender, within the	7816
preceding six years, has been convicted of or pleaded guilty to	7817
three or more violations of one or more of the following:	7818

(a) Division (C) of this section;

7819

(b) Any equivalent offense, as defined in section 4511.181 of	7820
the Revised Code.	7821

(H)(1) If a person violates division (C) of this section and	7822
if, at the time of the violation, there were two or more children	7823
under eighteen years of age in the motor vehicle involved in the	7824
violation, the offender may be convicted of a violation of	7825
division (C) of this section for each of the children, but the	7826
court may sentence the offender for only one of the violations.	7827

(2)(a) If a person is convicted of or pleads guilty to a	7828
violation of division (C) of this section but the person is not	7829
also convicted of and does not also plead guilty to a separate	7830
charge charging the violation of division (A) of section 4511.19	7831
of the Revised Code that was the basis of the charge of the	7832
violation of division (C) of this section, both of the following	7833
apply:	7834

(i) For purposes of the provisions of section 4511.19 of the	7835
Revised Code that set forth the penalties and sanctions for a	7836
violation of division (A) of section 4511.19 of the Revised Code,	7837
the conviction of or plea of guilty to the violation of division	7838
(C) of this section shall not constitute a violation of division	7839
(A) of section 4511.19 of the Revised Code;	7840

(ii) For purposes of any provision of law that refers to a	7841
conviction of or plea of guilty to a violation of division (A) of	7842
section 4511.19 of the Revised Code and that is not described in	7843
division (H)(2)(a)(i) of this section, the conviction of or plea	7844
of guilty to the violation of division (C) of this section shall	7845
constitute a conviction of or plea of guilty to a violation of	7846
division (A) of section 4511.19 of the Revised Code.	7847

(b) If a person is convicted of or pleads guilty to a	7848
violation of division (C) of this section and the person also is	7849
convicted of or pleads guilty to a separate charge charging the	7850
violation of division (A) of section 4511.19 of the Revised Code	7851
that was the basis of the charge of the violation of division (C)	7852
of this section, the conviction of or plea of guilty to the	7853
violation of division (C) of this section shall not constitute,	7854
for purposes of any provision of law that refers to a conviction	7855
of or plea of guilty to a violation of division (A) of section	7856
4511.19 of the Revised Code, a conviction of or plea of guilty to	7857
a violation of division (A) of section 4511.19 of the Revised	7858
Code.	7859

(I) As used in this section:

7860

(1) "Community control sanction" has the same meaning as in	7861
section 2929.01 of the Revised Code;	7862

(2) "Limited driving privileges" has the same meaning as in	7863
section 4501.01 of the Revised Code;	7864

(3) "Methamphetamine" has the same meaning as in section	7865
2925.01 of the Revised Code.	7866

Sec. 2921.13.  (A) No person shall knowingly make a false	7867
statement, or knowingly swear or affirm the truth of a false	7868
statement previously made, when any of the following applies:	7869

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

7870

(2) The statement is made with purpose to incriminate	7871
another.	7872

(3) The statement is made with purpose to mislead a public	7873
official in performing the public official's official function.	7874

(4) The statement is made with purpose to secure the payment	7875
of unemployment compensation; Ohio works first; prevention,	7876
retention, and contingency benefits and services; disability	7877
financial assistance; retirement benefits; economic development	7878
assistance, as defined in section 9.66 of the Revised Code; or	7879
other benefits administered by a governmental agency or paid out	7880
of a public treasury.	7881

(5) The statement is made with purpose to secure the issuance	7882
by a governmental agency of a license, permit, authorization,	7883
certificate, registration, release, or provider agreement.	7884

(6) The statement is sworn or affirmed before a notary public	7885
or another person empowered to administer oaths.	7886

(7) The statement is in writing on or in connection with a	7887
report or return that is required or authorized by law.	7888

(8) The statement is in writing and is made with purpose to	7889
induce another to extend credit to or employ the offender, to	7890
confer any degree, diploma, certificate of attainment, award of	7891
excellence, or honor on the offender, or to extend to or bestow	7892
upon the offender any other valuable benefit or distinction, when	7893
the person to whom the statement is directed relies upon it to	7894
that person's detriment.	7895

(9) The statement is made with purpose to commit or	7896
facilitate the commission of a theft offense.	7897

(10) The statement is knowingly made to a probate court in	7898
connection with any action, proceeding, or other matter within its	7899
jurisdiction, either orally or in a written document, including,	7900
but not limited to, an application, petition, complaint, or other	7901
pleading, or an inventory, account, or report.	7902

(11) The statement is made on an account, form, record,	7903
stamp, label, or other writing that is required by law.	7904

(12) The statement is made in connection with the purchase of	7905
a firearm, as defined in section 2923.11 of the Revised Code, and	7906
in conjunction with the furnishing to the seller of the firearm of	7907
a fictitious or altered driver's or commercial driver's license or	7908
permit, a fictitious or altered identification card, or any other	7909
document that contains false information about the purchaser's	7910
identity.	7911

(13) The statement is made in a document or instrument of	7912
writing that purports to be a judgment, lien, or claim of	7913
indebtedness and is filed or recorded with the secretary of state,	7914
a county recorder, or the clerk of a court of record.	7915

(14) The statement is made in an application filed with a	7916
county sheriff pursuant to section 2923.125 of the Revised Code in	7917
order to obtain or renew a license to carry a concealed handgun or	7918
is made in an affidavit submitted to a county sheriff to obtain a	7919
temporary emergency license to carry a concealed handgun under	7920
section 2923.1213 of the Revised Code.	7921

(15) The statement is required under section 5743.71 of the	7922
Revised Code in connection with the person's purchase of	7923
cigarettes or tobacco products in a delivery sale.	7924

(B) No person, in connection with the purchase of a firearm,	7925
as defined in section 2923.11 of the Revised Code, shall knowingly	7926
furnish to the seller of the firearm a fictitious or altered	7927
driver's or commercial driver's license or permit, a fictitious or	7928
altered identification card, or any other document that contains	7929
false information about the purchaser's identity.	7930

(C) No person, in an attempt to obtain a license to carry a	7931
concealed handgun under section 2923.125 of the Revised Code,	7932
shall knowingly present to a sheriff a fictitious or altered	7933
document that purports to be certification of the person's	7934
competence in handling a handgun as described in division (B)(3)	7935
of section 2923.125 of the Revised Code.	7936

(D) It is no defense to a charge under division (A)(6) of	7937
this section that the oath or affirmation was administered or	7938
taken in an irregular manner.	7939

(E) If contradictory statements relating to the same fact are	7940
made by the offender within the period of the statute of	7941
limitations for falsification, it is not necessary for the	7942
prosecution to prove which statement was false but only that one	7943
or the other was false.	7944

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	7945
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	7946
of falsification, a misdemeanor of the first degree.	7947

(2) Whoever violates division (A)(9) of this section is	7948
guilty of falsification in a theft offense. Except as otherwise	7949
provided in this division, falsification in a theft offense is a	7950
misdemeanor of the first degree. If the value of the property or	7951
services stolen is five hundredone thousand dollars or more and	7952
is less than fiveseven thousand five hundred dollars,	7953
falsification in a theft offense is a felony of the fifth degree.	7954
If the value of the property or services stolen is fiveseven	7955
thousand five hundred dollars or more and is less than one hundred	7956
fifty thousand dollars, falsification in a theft offense is a	7957
felony of the fourth degree. If the value of the property or	7958
services stolen is one hundred fifty thousand dollars or more,	7959
falsification in a theft offense is a felony of the third degree.	7960

(3) Whoever violates division (A)(12) or (B) of this section	7961
is guilty of falsification to purchase a firearm, a felony of the	7962
fifth degree.	7963

(4) Whoever violates division (A)(14) or (C) of this section	7964
is guilty of falsification to obtain a concealed handgun license,	7965
a felony of the fourth degree.	7966

(G) A person who violates this section is liable in a civil	7967
action to any person harmed by the violation for injury, death, or	7968
loss to person or property incurred as a result of the commission	7969
of the offense and for reasonable attorney's fees, court costs,	7970
and other expenses incurred as a result of prosecuting the civil	7971
action commenced under this division. A civil action under this	7972
division is not the exclusive remedy of a person who incurs	7973
injury, death, or loss to person or property as a result of a	7974
violation of this section.	7975

Sec. 2921.34.  (A)(1) No person, knowing the person is under	7976
detention, other than supervised release detention, or being	7977
reckless in that regard, shall purposely break or attempt to break	7978
the detention, or purposely fail to return to detention, either	7979
following temporary leave granted for a specific purpose or	7980
limited period, or at the time required when serving a sentence in	7981
intermittent confinement.	7982

(2)(a) Division (A)(2)(b) of this section applies to any	7983
person who is sentenced to a prison term pursuant to division	7984
(A)(3) or (B) of section 2971.03 of the Revised Code.	7985

(b) No person to whom this division applies, for whom the	7986
requirement that the entire prison term imposed upon the person	7987
pursuant to division (A)(3) or (B) of section 2971.03 of the	7988
Revised Code be served in a state correctional institution has	7989
been modified pursuant to section 2971.05 of the Revised Code, and	7990
who, pursuant to that modification, is restricted to a geographic	7991
area, knowing that the person is under a geographic restriction or	7992
being reckless in that regard, shall purposely leave the	7993
geographic area to which the restriction applies or purposely fail	7994
to return to that geographic area following a temporary leave	7995
granted for a specific purpose or for a limited period of time.	7996

(3) No person, knowing the person is under supervised release	7997
detention or being reckless in that regard, shall purposely break	7998
or attempt to break the supervised release detention or purposely	7999
fail to return to the supervised release detention, either	8000
following temporary leave granted for a specific purpose or	8001
limited period, or at the time required when serving a sentence in	8002
intermittent confinement.	8003

(B) Irregularity in bringing about or maintaining detention,	8004
or lack of jurisdiction of the committing or detaining authority,	8005
is not a defense to a charge under this section if the detention	8006
is pursuant to judicial order or in a detention facility. In the	8007
case of any other detention, irregularity or lack of jurisdiction	8008
is an affirmative defense only if either of the following occurs:	8009

(1) The escape involved no substantial risk of harm to the	8010
person or property of another.	8011

(2) The detaining authority knew or should have known there	8012
was no legal basis or authority for the detention.	8013

(C) Whoever violates this section is guilty of escape.

8014

(1) If the offender violates division (A)(1) or (2) of this	8015
section, if the offender, at the time of the commission of the	8016
offense, was under detention as an alleged or adjudicated	8017
delinquent child or unruly child, and if the act for which the	8018
offender was under detention would not be a felony if committed by	8019
an adult, escape is a misdemeanor of the first degree.	8020

(2) If the offender violates division (A)(1) or (2) of this	8021
section and if either the offender, at the time of the commission	8022
of the offense, was under detention in any other manner or if the	8023
offender is a person for whom the requirement that the entire	8024
prison term imposed upon the person pursuant to division (A)(3) or	8025
(B) of section 2971.03 of the Revised Code be served in a state	8026
correctional institution has been modified pursuant to section	8027
2971.05 of the Revised Code, escape is one of the following:	8028

(a) A felony of the second degree, when the most serious	8029
offense for which the person was under detention or for which the	8030
person had been sentenced to the prison term under division	8031
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	8032
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	8033
is aggravated murder, murder, or a felony of the first or second	8034
degree or, if the person was under detention as an alleged or	8035
adjudicated delinquent child, when the most serious act for which	8036
the person was under detention would be aggravated murder, murder,	8037
or a felony of the first or second degree if committed by an	8038
adult;	8039

(b) A felony of the third degree, when the most serious	8040
offense for which the person was under detention or for which the	8041
person had been sentenced to the prison term under division	8042
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or	8043
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	8044
is a felony of the third, fourth, or fifth degree or an	8045
unclassified felony or, if the person was under detention as an	8046
alleged or adjudicated delinquent child, when the most serious act	8047
for which the person was under detention would be a felony of the	8048
third, fourth, or fifth degree or an unclassified felony if	8049
committed by an adult;	8050

(c) A felony of the fifth degree, when any of the following	8051
applies:	8052

(i) The most serious offense for which the person was under	8053
detention is a misdemeanor.	8054

(ii) The person was found not guilty by reason of insanity,	8055
and the person's detention consisted of hospitalization,	8056
institutionalization, or confinement in a facility under an order	8057
made pursuant to or under authority of section 2945.40, 2945.401,	8058
or 2945.402 of the Revised Code.	8059

(d) A misdemeanor of the first degree, when the most serious	8060
offense for which the person was under detention is a misdemeanor	8061
and when the person fails to return to detention at a specified	8062
time following temporary leave granted for a specific purpose or	8063
limited period or at the time required when serving a sentence in	8064
intermittent confinement.	8065

(3) If the offender violates division (A)(3) of this section,	8066
except as otherwise provided in this division, escape is a felony	8067
of the fifth degree. If the offender violates division (A)(3) of	8068
this section and if, at the time of the commission of the offense,	8069
the most serious offense for which the offender was under	8070
supervised release detention was aggravated murder, murder, any	8071
other offense for which a sentence of life imprisonment was	8072
imposed, or a felony of the first or second degree, escape is a	8073
felony of the fourth degree.	8074

(D) As used in this section, "supervised release detention"	8075
means detention that is supervision of a person by an employee of	8076
the department of rehabilitation and correction while the person	8077
is on any type of release from a state correctional institution,	8078
other than transitional control under section 2967.26 of the	8079
Revised Code or placement in a community-based correctional	8080
facility by the parole board under section 2967.28 of the Revised	8081
Code.	8082

Sec. 2921.41.  (A) No public official or party official shall	8083
commit any theft offense, as defined in division (K) of section	8084
2913.01 of the Revised Code, when either of the following applies:	8085

(1) The offender uses the offender's office in aid of	8086
committing the offense or permits or assents to its use in aid of	8087
committing the offense;	8088

(2) The property or service involved is owned by this state,	8089
any other state, the United States, a county, a municipal	8090
corporation, a township, or any political subdivision, department,	8091
or agency of any of them, is owned by a political party, or is	8092
part of a political campaign fund.	8093

(B) Whoever violates this section is guilty of theft in	8094
office. Except as otherwise provided in this division, theft in	8095
office is a felony of the fifth degree. If the value of property	8096
or services stolen is five hundredone thousand dollars or more	8097
and is less than fiveseven thousand five hundred dollars, theft	8098
in office is a felony of the fourth degree. If the value of	8099
property or services stolen is fiveseven thousand five hundred	8100
dollars or more, theft in office is a felony of the third degree.	8101

(C)(1) A public official or party official who pleads guilty	8102
to theft in office and whose plea is accepted by the court or a	8103
public official or party official against whom a verdict or	8104
finding of guilt for committing theft in office is returned is	8105
forever disqualified from holding any public office, employment,	8106
or position of trust in this state.	8107

(2)(a) A court that imposes sentence for a violation of this	8108
section based on conduct described in division (A)(2) of this	8109
section shall require the public official or party official who is	8110
convicted of or pleads guilty to the offense to make restitution	8111
for all of the property or the service that is the subject of the	8112
offense, in addition to the term of imprisonment and any fine	8113
imposed. A court that imposes sentence for a violation of this	8114
section based on conduct described in division (A)(1) of this	8115
section and that determines at trial that this state or a	8116
political subdivision of this state if the offender is a public	8117
official, or a political party in the United States or this state	8118
if the offender is a party official, suffered actual loss as a	8119
result of the offense shall require the offender to make	8120
restitution to the state, political subdivision, or political	8121
party for all of the actual loss experienced, in addition to the	8122
term of imprisonment and any fine imposed.	8123

(b)(i) In any case in which a sentencing court is required to	8124
order restitution under division (C)(2)(a) of this section and in	8125
which the offender, at the time of the commission of the offense	8126
or at any other time, was a member of the public employees	8127
retirement system, the Ohio police and fire pension fund, the	8128
state teachers retirement system, the school employees retirement	8129
system, or the state highway patrol retirement system; was an	8130
electing employee, as defined in section 3305.01 of the Revised	8131
Code, participating in an alternative retirement plan provided	8132
pursuant to Chapter 3305. of the Revised Code; was a participating	8133
employee or continuing member, as defined in section 148.01 of the	8134
Revised Code, in a deferred compensation program offered by the	8135
Ohio public employees deferred compensation board; was an officer	8136
or employee of a municipal corporation who was a participant in a	8137
deferred compensation program offered by that municipal	8138
corporation; was an officer or employee of a government unit, as	8139
defined in section 148.06 of the Revised Code, who was a	8140
participant in a deferred compensation program offered by that	8141
government unit, or was a participating employee, continuing	8142
member, or participant in any deferred compensation program	8143
described in this division and a member of a retirement system	8144
specified in this division or a retirement system of a municipal	8145
corporation, the entity to which restitution is to be made may	8146
file a motion with the sentencing court specifying any retirement	8147
system, any provider as defined in section 3305.01 of the Revised	8148
Code, and any deferred compensation program of which the offender	8149
was a member, electing employee, participating employee,	8150
continuing member, or participant and requesting the court to	8151
issue an order requiring the specified retirement system, the	8152
specified provider under the alternative retirement plan, or the	8153
specified deferred compensation program, or, if more than one is	8154
specified in the motion, the applicable combination of these, to	8155
withhold the amount required as restitution from any payment that	8156
is to be made under a pension, annuity, or allowance, under an	8157
option in the alternative retirement plan, under a participant	8158
account, as defined in section 148.01 of the Revised Code, or	8159
under any other type of benefit, other than a survivorship	8160
benefit, that has been or is in the future granted to the	8161
offender, from any payment of accumulated employee contributions	8162
standing to the offender's credit with that retirement system,	8163
that provider of the option under the alternative retirement plan,	8164
or that deferred compensation program, or, if more than one is	8165
specified in the motion, the applicable combination of these, and	8166
from any payment of any other amounts to be paid to the offender	8167
upon the offender's withdrawal of the offender's contributions	8168
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	8169
the Revised Code. A motion described in this division may be filed	8170
at any time subsequent to the conviction of the offender or entry	8171
of a guilty plea. Upon the filing of the motion, the clerk of the	8172
court in which the motion is filed shall notify the offender, the	8173
specified retirement system, the specified provider under the	8174
alternative retirement plan, or the specified deferred	8175
compensation program, or, if more than one is specified in the	8176
motion, the applicable combination of these, in writing, of all of	8177
the following: that the motion was filed; that the offender will	8178
be granted a hearing on the issuance of the requested order if the	8179
offender files a written request for a hearing with the clerk	8180
prior to the expiration of thirty days after the offender receives	8181
the notice; that, if a hearing is requested, the court will	8182
schedule a hearing as soon as possible and notify the offender,	8183
any specified retirement system, any specified provider under an	8184
alternative retirement plan, and any specified deferred	8185
compensation program of the date, time, and place of the hearing;	8186
that, if a hearing is conducted, it will be limited only to a	8187
consideration of whether the offender can show good cause why the	8188
requested order should not be issued; that, if a hearing is	8189
conducted, the court will not issue the requested order if the	8190
court determines, based on evidence presented at the hearing by	8191
the offender, that there is good cause for the requested order not	8192
to be issued; that the court will issue the requested order if a	8193
hearing is not requested or if a hearing is conducted but the	8194
court does not determine, based on evidence presented at the	8195
hearing by the offender, that there is good cause for the	8196
requested order not to be issued; and that, if the requested order	8197
is issued, any retirement system, any provider under an	8198
alternative retirement plan, and any deferred compensation program	8199
specified in the motion will be required to withhold the amount	8200
required as restitution from payments to the offender.	8201

(ii) In any case in which a sentencing court is required to	8202
order restitution under division (C)(2)(a) of this section and in	8203
which a motion requesting the issuance of a withholding order as	8204
described in division (C)(2)(b)(i) of this section is filed, the	8205
offender may receive a hearing on the motion by delivering a	8206
written request for a hearing to the court prior to the expiration	8207
of thirty days after the offender's receipt of the notice provided	8208
pursuant to division (C)(2)(b)(i) of this section. If a request	8209
for a hearing is made by the offender within the prescribed time,	8210
the court shall schedule a hearing as soon as possible after the	8211
request is made and shall notify the offender, the specified	8212
retirement system, the specified provider under the alternative	8213
retirement plan, or the specified deferred compensation program,	8214
or, if more than one is specified in the motion, the applicable	8215
combination of these, of the date, time, and place of the hearing.	8216
A hearing scheduled under this division shall be limited to a	8217
consideration of whether there is good cause, based on evidence	8218
presented by the offender, for the requested order not to be	8219
issued. If the court determines, based on evidence presented by	8220
the offender, that there is good cause for the order not to be	8221
issued, the court shall deny the motion and shall not issue the	8222
requested order. If the offender does not request a hearing within	8223
the prescribed time or if the court conducts a hearing but does	8224
not determine, based on evidence presented by the offender, that	8225
there is good cause for the order not to be issued, the court	8226
shall order the specified retirement system, the specified	8227
provider under the alternative retirement plan, or the specified	8228
deferred compensation program, or, if more than one is specified	8229
in the motion, the applicable combination of these, to withhold	8230
the amount required as restitution under division (C)(2)(a) of	8231
this section from any payments to be made under a pension,	8232
annuity, or allowance, under a participant account, as defined in	8233
section 148.01 of the Revised Code, under an option in the	8234
alternative retirement plan, or under any other type of benefit,	8235
other than a survivorship benefit, that has been or is in the	8236
future granted to the offender, from any payment of accumulated	8237
employee contributions standing to the offender's credit with that	8238
retirement system, that provider under the alternative retirement	8239
plan, or that deferred compensation program, or, if more than one	8240
is specified in the motion, the applicable combination of these,	8241
and from any payment of any other amounts to be paid to the	8242
offender upon the offender's withdrawal of the offender's	8243
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	8244
or 5505. of the Revised Code, and to continue the withholding for	8245
that purpose, in accordance with the order, out of each payment to	8246
be made on or after the date of issuance of the order, until	8247
further order of the court. Upon receipt of an order issued under	8248
this division, the public employees retirement system, the Ohio	8249
police and fire pension fund, the state teachers retirement	8250
system, the school employees retirement system, the state highway	8251
patrol retirement system, a municipal corporation retirement	8252
system, the provider under the alternative retirement plan, and	8253
the deferred compensation program offered by the Ohio public	8254
employees deferred compensation board, a municipal corporation, or	8255
a government unit, as defined in section 148.06 of the Revised	8256
Code, whichever are applicable, shall withhold the amount required	8257
as restitution, in accordance with the order, from any such	8258
payments and immediately shall forward the amount withheld to the	8259
clerk of the court in which the order was issued for payment to	8260
the entity to which restitution is to be made.	8261

(iii) Service of a notice required by division (C)(2)(b)(i)	8262
or (ii) of this section shall be effected in the same manner as	8263
provided in the Rules of Civil Procedure for the service of	8264
process.	8265

(D) Upon the filing of charges against a person under this	8266
section, the prosecutor, as defined in section 2935.01 of the	8267
Revised Code, who is assigned the case shall send written notice	8268
that charges have been filed against that person to the public	8269
employees retirement system, the Ohio police and fire pension	8270
fund, the state teachers retirement system, the school employees	8271
retirement system, the state highway patrol retirement system, the	8272
provider under an alternative retirement plan, any municipal	8273
corporation retirement system in this state, and the deferred	8274
compensation program offered by the Ohio public employees deferred	8275
compensation board, a municipal corporation, or a government unit,	8276
as defined in section 148.06 of the Revised Code. The written	8277
notice shall specifically identify the person charged.	8278

Sec. 2923.01.  (A) No person, with purpose to commit or to	8279
promote or facilitate the commission of aggravated murder, murder,	8280
kidnapping, abduction, compelling prostitution, promoting	8281
prostitution, trafficking in persons, aggravated arson, arson,	8282
aggravated robbery, robbery, aggravated burglary, burglary,	8283
trespassing in a habitation when a person is present or likely to	8284
be present, engaging in a pattern of corrupt activity, corrupting	8285
another with drugs, a felony drug trafficking, manufacturing,	8286
processing, or possession offense, theft of drugs, or illegal	8287
processing of drug documents, the commission of a felony offense	8288
of unauthorized use of a vehicle, illegally transmitting multiple	8289
commercial electronic mail messages or unauthorized access of a	8290
computer in violation of section 2923.421 of the Revised Code, or	8291
the commission of a violation of any provision of Chapter 3734. of	8292
the Revised Code, other than section 3734.18 of the Revised Code,	8293
that relates to hazardous wastes, shall do either of the	8294
following:	8295

(1) With another person or persons, plan or aid in planning	8296
the commission of any of the specified offenses;	8297

(2) Agree with another person or persons that one or more of	8298
them will engage in conduct that facilitates the commission of any	8299
of the specified offenses.	8300

(B) No person shall be convicted of conspiracy unless a	8301
substantial overt act in furtherance of the conspiracy is alleged	8302
and proved to have been done by the accused or a person with whom	8303
the accused conspired, subsequent to the accused's entrance into	8304
the conspiracy. For purposes of this section, an overt act is	8305
substantial when it is of a character that manifests a purpose on	8306
the part of the actor that the object of the conspiracy should be	8307
completed.	8308

(C) When the offender knows or has reasonable cause to	8309
believe that a person with whom the offender conspires also has	8310
conspired or is conspiring with another to commit the same	8311
offense, the offender is guilty of conspiring with that other	8312
person, even though the other person's identity may be unknown to	8313
the offender.	8314

(D) It is no defense to a charge under this section that, in	8315
retrospect, commission of the offense that was the object of the	8316
conspiracy was impossible under the circumstances.	8317

(E) A conspiracy terminates when the offense or offenses that	8318
are its objects are committed or when it is abandoned by all	8319
conspirators. In the absence of abandonment, it is no defense to a	8320
charge under this section that no offense that was the object of	8321
the conspiracy was committed.	8322

(F) A person who conspires to commit more than one offense is	8323
guilty of only one conspiracy, when the offenses are the object of	8324
the same agreement or continuous conspiratorial relationship.	8325

(G) When a person is convicted of committing or attempting to	8326
commit a specific offense or of complicity in the commission of or	8327
attempt to commit the specific offense, the person shall not be	8328
convicted of conspiracy involving the same offense.	8329

(H)(1) No person shall be convicted of conspiracy upon the	8330
testimony of a person with whom the defendant conspired,	8331
unsupported by other evidence.	8332

(2) If a person with whom the defendant allegedly has	8333
conspired testifies against the defendant in a case in which the	8334
defendant is charged with conspiracy and if the testimony is	8335
supported by other evidence, the court, when it charges the jury,	8336
shall state substantially the following:	8337

"The testimony of an accomplice that is supported by other	8338
evidence does not become inadmissible because of the accomplice's	8339
complicity, moral turpitude, or self-interest, but the admitted or	8340
claimed complicity of a witness may affect the witness'	8341
credibility and make the witness' testimony subject to grave	8342
suspicion, and require that it be weighed with great caution.	8343

It is for you, as jurors, in the light of all the facts	8344
presented to you from the witness stand, to evaluate such	8345
testimony and to determine its quality and worth or its lack of	8346
quality and worth."	8347

(3) "Conspiracy," as used in division (H)(1) of this section,	8348
does not include any conspiracy that results in an attempt to	8349
commit an offense or in the commission of an offense.	8350

(I) The following are affirmative defenses to a charge of	8351
conspiracy:	8352

(1) After conspiring to commit an offense, the actor thwarted	8353
the success of the conspiracy under circumstances manifesting a	8354
complete and voluntary renunciation of the actor's criminal	8355
purpose.	8356

(2) After conspiring to commit an offense, the actor	8357
abandoned the conspiracy prior to the commission of or attempt to	8358
commit any offense that was the object of the conspiracy, either	8359
by advising all other conspirators of the actor's abandonment, or	8360
by informing any law enforcement authority of the existence of the	8361
conspiracy and of the actor's participation in the conspiracy.	8362

(J) Whoever violates this section is guilty of conspiracy,	8363
which is one of the following:	8364

(1) A felony of the first degree, when one of the objects of	8365
the conspiracy is aggravated murder, murder, or an offense for	8366
which the maximum penalty is imprisonment for life;	8367

(2) A felony of the next lesser degree than the most serious	8368
offense that is the object of the conspiracy, when the most	8369
serious offense that is the object of the conspiracy is a felony	8370
of the first, second, third, or fourth degree;	8371

(3) A felony punishable by a fine of not more than	8372
twenty-five thousand dollars or imprisonment for not more than	8373
eighteen months, or both, when the offense that is the object of	8374
the conspiracy is a violation of any provision of Chapter 3734. of	8375
the Revised Code, other than section 3734.18 of the Revised Code,	8376
that relates to hazardous wastes;	8377

(4) A misdemeanor of the first degree, when the most serious	8378
offense that is the object of the conspiracy is a felony of the	8379
fifth degree.	8380

(K) This section does not define a separate conspiracy	8381
offense or penalty where conspiracy is defined as an offense by	8382
one or more sections of the Revised Code, other than this section.	8383
In such a case, however:	8384

(1) With respect to the offense specified as the object of	8385
the conspiracy in the other section or sections, division (A) of	8386
this section defines the voluntary act or acts and culpable mental	8387
state necessary to constitute the conspiracy;	8388

(2) Divisions (B) to (I) of this section are incorporated by	8389
reference in the conspiracy offense defined by the other section	8390
or sections of the Revised Code.	8391

(L)(1) In addition to the penalties that otherwise are	8392
imposed for conspiracy, a person who is found guilty of conspiracy	8393
to engage in a pattern of corrupt activity is subject to divisions	8394
(B)(2) and (3) of section 2923.32, division (A) of section	8395
2981.04, and division (D) of section 2981.06 of the Revised Code.	8396

(2) If a person is convicted of or pleads guilty to	8397
conspiracy and if the most serious offense that is the object of	8398
the conspiracy is a felony drug trafficking, manufacturing,	8399
processing, or possession offense, in addition to the penalties or	8400
sanctions that may be imposed for the conspiracy under division	8401
(J)(2) or (4) of this section and Chapter 2929. of the Revised	8402
Code, both of the following apply:	8403

(a) The provisions of divisions (D), (F), and (G) of section	8404
2925.03, division (D) of section 2925.04, division (D) of section	8405
2925.05, division (D) of section 2925.06, and division (E) of	8406
section 2925.11 of the Revised Code that pertain to mandatory and	8407
additional fines, driver's or commercial driver's license or	8408
permit suspensions, and professionally licensed persons and that	8409
would apply under the appropriate provisions of those divisions to	8410
a person who is convicted of or pleads guilty to the felony drug	8411
trafficking, manufacturing, processing, or possession offense that	8412
is the most serious offense that is the basis of the conspiracy	8413
shall apply to the person who is convicted of or pleads guilty to	8414
the conspiracy as if the person had been convicted of or pleaded	8415
guilty to the felony drug trafficking, manufacturing, processing,	8416
or possession offense that is the most serious offense that is the	8417
basis of the conspiracy.	8418

(b) The court that imposes sentence upon the person who is	8419
convicted of or pleads guilty to the conspiracy shall comply with	8420
the provisions identified as being applicable under division	8421
(L)(2) of this section, in addition to any other penalty or	8422
sanction that it imposes for the conspiracy under division (J)(2)	8423
or (4) of this section and Chapter 2929. of the Revised Code.	8424

(M) As used in this section:

8425

(1) "Felony drug trafficking, manufacturing, processing, or	8426
possession offense" means any of the following that is a felony:	8427

(a) A violation of section 2925.03, 2925.04, 2925.05, or	8428
2925.06 of the Revised Code;	8429

(b) A violation of section 2925.11 of the Revised Code that	8430
is not a minor drug possession offense.	8431

(2) "Minor drug possession offense" has the same meaning as	8432
in section 2925.01 of the Revised Code.	8433

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	8434
Revised Code:	8435

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

8436

(1) The interest of a person as a beneficiary under a trust	8437
in which the trustee holds title to personal or real property;	8438

(2) The interest of a person as a beneficiary under any other	8439
trust arrangement under which any other person holds title to	8440
personal or real property for the benefit of such person;	8441

(3) The interest of a person under any other form of express	8442
fiduciary arrangement under which any other person holds title to	8443
personal or real property for the benefit of such person.	8444

"Beneficial interest" does not include the interest of a	8445
stockholder in a corporation or the interest of a partner in	8446
either a general or limited partnership.	8447

(B) "Costs of investigation and prosecution" and "costs of	8448
investigation and litigation" mean all of the costs incurred by	8449
the state or a county or municipal corporation under sections	8450
2923.31 to 2923.36 of the Revised Code in the prosecution and	8451
investigation of any criminal action or in the litigation and	8452
investigation of any civil action, and includes, but is not	8453
limited to, the costs of resources and personnel.	8454

(C) "Enterprise" includes any individual, sole	8455
proprietorship, partnership, limited partnership, corporation,	8456
trust, union, government agency, or other legal entity, or any	8457
organization, association, or group of persons associated in fact	8458
although not a legal entity. "Enterprise" includes illicit as well	8459
as licit enterprises.	8460

(D) "Innocent person" includes any bona fide purchaser of	8461
property that is allegedly involved in a violation of section	8462
2923.32 of the Revised Code, including any person who establishes	8463
a valid claim to or interest in the property in accordance with	8464
division (E) of section 2981.04 of the Revised Code, and any	8465
victim of an alleged violation of that section or of any	8466
underlying offense involved in an alleged violation of that	8467
section.	8468

(E) "Pattern of corrupt activity" means two or more incidents	8469
of corrupt activity, whether or not there has been a prior	8470
conviction, that are related to the affairs of the same	8471
enterprise, are not isolated, and are not so closely related to	8472
each other and connected in time and place that they constitute a	8473
single event.	8474

At least one of the incidents forming the pattern shall occur	8475
on or after January 1, 1986. Unless any incident was an aggravated	8476
murder or murder, the last of the incidents forming the pattern	8477
shall occur within six years after the commission of any prior	8478
incident forming the pattern, excluding any period of imprisonment	8479
served by any person engaging in the corrupt activity.	8480

For the purposes of the criminal penalties that may be	8481
imposed pursuant to section 2923.32 of the Revised Code, at least	8482
one of the incidents forming the pattern shall constitute a felony	8483
under the laws of this state in existence at the time it was	8484
committed or, if committed in violation of the laws of the United	8485
States or of any other state, shall constitute a felony under the	8486
law of the United States or the other state and would be a	8487
criminal offense under the law of this state if committed in this	8488
state.	8489

(F) "Pecuniary value" means money, a negotiable instrument, a	8490
commercial interest, or anything of value, as defined in section	8491
1.03 of the Revised Code, or any other property or service that	8492
has a value in excess of one hundred dollars.	8493

(G) "Person" means any person, as defined in section 1.59 of	8494
the Revised Code, and any governmental officer, employee, or	8495
entity.	8496

(H) "Personal property" means any personal property, any	8497
interest in personal property, or any right, including, but not	8498
limited to, bank accounts, debts, corporate stocks, patents, or	8499
copyrights. Personal property and any beneficial interest in	8500
personal property are deemed to be located where the trustee of	8501
the property, the personal property, or the instrument evidencing	8502
the right is located.	8503

(I) "Corrupt activity" means engaging in, attempting to	8504
engage in, conspiring to engage in, or soliciting, coercing, or	8505
intimidating another person to engage in any of the following:	8506

(1) Conduct defined as "racketeering activity" under the	8507
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	8508
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	8509

(2) Conduct constituting any of the following:

8510

(a) A violation of section 1315.55, 1322.02, 2903.01,	8511
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	8512
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	8513
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	8514
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	8515
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	8516
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	8517
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	8518
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	8519
section 1707.44; division (A)(1) or (2) of section 2923.20;	8520
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	8521
4719.06; division (C), (D), or (E) of section 4719.07; section	8522
4719.08; or division (A) of section 4719.09 of the Revised Code.	8523

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	8524
3769.19 of the Revised Code as it existed prior to July 1, 1996,	8525
any violation of section 2915.02 of the Revised Code that occurs	8526
on or after July 1, 1996, and that, had it occurred prior to that	8527
date, would have been a violation of section 3769.11 of the	8528
Revised Code as it existed prior to that date, or any violation of	8529
section 2915.05 of the Revised Code that occurs on or after July	8530
1, 1996, and that, had it occurred prior to that date, would have	8531
been a violation of section 3769.15, 3769.16, or 3769.19 of the	8532
Revised Code as it existed prior to that date.	8533

(c) Any violation of section 2907.21, 2907.22, 2907.31,	8534
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	8535
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	8536
of the Revised Code, any violation of section 2925.11 of the	8537
Revised Code that is a felony of the first, second, third, or	8538
fourth degree and that occurs on or after July 1, 1996, any	8539
violation of section 2915.02 of the Revised Code that occurred	8540
prior to July 1, 1996, any violation of section 2915.02 of the	8541
Revised Code that occurs on or after July 1, 1996, and that, had	8542
it occurred prior to that date, would not have been a violation of	8543
section 3769.11 of the Revised Code as it existed prior to that	8544
date, any violation of section 2915.06 of the Revised Code as it	8545
existed prior to July 1, 1996, or any violation of division (B) of	8546
section 2915.05 of the Revised Code as it exists on and after July	8547
1, 1996, when the proceeds of the violation, the payments made in	8548
the violation, the amount of a claim for payment or for any other	8549
benefit that is false or deceptive and that is involved in the	8550
violation, or the value of the contraband or other property	8551
illegally possessed, sold, or purchased in the violation exceeds	8552
five hundredone thousand dollars, or any combination of	8553
violations described in division (I)(2)(c) of this section when	8554
the total proceeds of the combination of violations, payments made	8555
in the combination of violations, amount of the claims for payment	8556
or for other benefits that is false or deceptive and that is	8557
involved in the combination of violations, or value of the	8558
contraband or other property illegally possessed, sold, or	8559
purchased in the combination of violations exceeds five hundred	8560
one thousand dollars;	8561

(d) Any violation of section 5743.112 of the Revised Code	8562
when the amount of unpaid tax exceeds one hundred dollars;	8563

(e) Any violation or combination of violations of section	8564
2907.32 of the Revised Code involving any material or performance	8565
containing a display of bestiality or of sexual conduct, as	8566
defined in section 2907.01 of the Revised Code, that is explicit	8567
and depicted with clearly visible penetration of the genitals or	8568
clearly visible penetration by the penis of any orifice when the	8569
total proceeds of the violation or combination of violations, the	8570
payments made in the violation or combination of violations, or	8571
the value of the contraband or other property illegally possessed,	8572
sold, or purchased in the violation or combination of violations	8573
exceeds five hundredone thousand dollars;	8574

(f) Any combination of violations described in division	8575
(I)(2)(c) of this section and violations of section 2907.32 of the	8576
Revised Code involving any material or performance containing a	8577
display of bestiality or of sexual conduct, as defined in section	8578
2907.01 of the Revised Code, that is explicit and depicted with	8579
clearly visible penetration of the genitals or clearly visible	8580
penetration by the penis of any orifice when the total proceeds of	8581
the combination of violations, payments made in the combination of	8582
violations, amount of the claims for payment or for other benefits	8583
that is false or deceptive and that is involved in the combination	8584
of violations, or value of the contraband or other property	8585
illegally possessed, sold, or purchased in the combination of	8586
violations exceeds five hundredone thousand dollars;	8587

(g) Any violation of section 2905.32 of the Revised Code to	8588
the extent the violation is not based solely on the same conduct	8589
that constitutes corrupt activity pursuant to division (I)(2)(c)	8590
of this section due to the conduct being in violation of section	8591
2907.21 of the Revised Code.	8592

(3) Conduct constituting a violation of any law of any state	8593
other than this state that is substantially similar to the conduct	8594
described in division (I)(2) of this section, provided the	8595
defendant was convicted of the conduct in a criminal proceeding in	8596
the other state;	8597

(4) Animal or ecological terrorism;

8598

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

8599

(i) Organized retail theft;

8600

(ii) Conduct that constitutes one or more violations of any	8601
law of any state other than this state, that is substantially	8602
similar to organized retail theft, and that if committed in this	8603
state would be organized retail theft, if the defendant was	8604
convicted of or pleaded guilty to the conduct in a criminal	8605
proceeding in the other state.	8606

(b) By enacting division (I)(5)(a) of this section, it is the	8607
intent of the general assembly to add organized retail theft and	8608
the conduct described in division (I)(5)(a)(ii) of this section as	8609
conduct constituting corrupt activity. The enactment of division	8610
(I)(5)(a) of this section and the addition by division (I)(5)(a)	8611
of this section of organized retail theft and the conduct	8612
described in division (I)(5)(a)(ii) of this section as conduct	8613
constituting corrupt activity does not limit or preclude, and	8614
shall not be construed as limiting or precluding, any prosecution	8615
for a violation of section 2923.32 of the Revised Code that is	8616
based on one or more violations of section 2913.02 or 2913.51 of	8617
the Revised Code, one or more similar offenses under the laws of	8618
this state or any other state, or any combination of any of those	8619
violations or similar offenses, even though the conduct	8620
constituting the basis for those violations or offenses could be	8621
construed as also constituting organized retail theft or conduct	8622
of the type described in division (I)(5)(a)(ii) of this section.	8623

(J) "Real property" means any real property or any interest	8624
in real property, including, but not limited to, any lease of, or	8625
mortgage upon, real property. Real property and any beneficial	8626
interest in it is deemed to be located where the real property is	8627
located.	8628

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

8629

(1) Any person acting as trustee under a trust in which the	8630
trustee holds title to personal or real property;	8631

(2) Any person who holds title to personal or real property	8632
for which any other person has a beneficial interest;	8633

(3) Any successor trustee.

8634

"Trustee" does not include an assignee or trustee for an	8635
insolvent debtor or an executor, administrator, administrator with	8636
the will annexed, testamentary trustee, guardian, or committee,	8637
appointed by, under the control of, or accountable to a court.	8638

(L) "Unlawful debt" means any money or other thing of value	8639
constituting principal or interest of a debt that is legally	8640
unenforceable in this state in whole or in part because the debt	8641
was incurred or contracted in violation of any federal or state	8642
law relating to the business of gambling activity or relating to	8643
the business of lending money at an usurious rate unless the	8644
creditor proves, by a preponderance of the evidence, that the	8645
usurious rate was not intentionally set and that it resulted from	8646
a good faith error by the creditor, notwithstanding the	8647
maintenance of procedures that were adopted by the creditor to	8648
avoid an error of that nature.	8649

(M) "Animal activity" means any activity that involves the	8650
use of animals or animal parts, including, but not limited to,	8651
hunting, fishing, trapping, traveling, camping, the production,	8652
preparation, or processing of food or food products, clothing or	8653
garment manufacturing, medical research, other research,	8654
entertainment, recreation, agriculture, biotechnology, or service	8655
activity that involves the use of animals or animal parts.	8656

(N) "Animal facility" means a vehicle, building, structure,	8657
nature preserve, or other premises in which an animal is lawfully	8658
kept, handled, housed, exhibited, bred, or offered for sale,	8659
including, but not limited to, a zoo, rodeo, circus, amusement	8660
park, hunting preserve, or premises in which a horse or dog event	8661
is held.	8662

(O) "Animal or ecological terrorism" means the commission of	8663
any felony that involves causing or creating a substantial risk of	8664
physical harm to any property of another, the use of a deadly	8665
weapon or dangerous ordnance, or purposely, knowingly, or	8666
recklessly causing serious physical harm to property and that	8667
involves an intent to obstruct, impede, or deter any person from	8668
participating in a lawful animal activity, from mining, foresting,	8669
harvesting, gathering, or processing natural resources, or from	8670
being lawfully present in or on an animal facility or research	8671
facility.	8672

(P) "Research facility" means a place, laboratory,	8673
institution, medical care facility, government facility, or public	8674
or private educational institution in which a scientific test,	8675
experiment, or investigation involving the use of animals or other	8676
living organisms is lawfully carried out, conducted, or attempted.	8677

(Q) "Organized retail theft" means the theft of retail	8678
property with a retail value of five hundredone thousand dollars	8679
or more from one or more retail establishments with the intent to	8680
sell, deliver, or transfer that property to a retail property	8681
fence.	8682

(R) "Retail property" means any tangible personal property	8683
displayed, held, stored, or offered for sale in or by a retail	8684
establishment.	8685

(S) "Retail property fence" means a person who possesses,	8686
procures, receives, or conceals retail property that was	8687
represented to the person as being stolen or that the person knows	8688
or believes to be stolen.	8689

(T) "Retail value" means the full retail value of the retail	8690
property. In determining whether the retail value of retail	8691
property equals or exceeds five hundredone thousand dollars, the	8692
value of all retail property stolen from the retail establishment	8693
or retail establishments by the same person or persons within any	8694
one-hundred-eighty-day period shall be aggregated.	8695

Sec. 2923.32.  (A)(1) No person employed by, or associated	8696
with, any enterprise shall conduct or participate in, directly or	8697
indirectly, the affairs of the enterprise through a pattern of	8698
corrupt activity or the collection of an unlawful debt.	8699

(2) No person, through a pattern of corrupt activity or the	8700
collection of an unlawful debt, shall acquire or maintain,	8701
directly or indirectly, any interest in, or control of, any	8702
enterprise or real property.	8703

(3) No person, who knowingly has received any proceeds	8704
derived, directly or indirectly, from a pattern of corrupt	8705
activity or the collection of any unlawful debt, shall use or	8706
invest, directly or indirectly, any part of those proceeds, or any	8707
proceeds derived from the use or investment of any of those	8708
proceeds, in the acquisition of any title to, or any right,	8709
interest, or equity in, real property or in the establishment or	8710
operation of any enterprise.	8711

A purchase of securities on the open market with intent to	8712
make an investment, without intent to control or participate in	8713
the control of the issuer, and without intent to assist another to	8714
do so is not a violation of this division, if the securities of	8715
the issuer held after the purchase by the purchaser, the members	8716
of the purchaser's immediate family, and the purchaser's or the	8717
immediate family members' accomplices in any pattern of corrupt	8718
activity or the collection of an unlawful debt do not aggregate	8719
one per cent of the outstanding securities of any one class of the	8720
issuer and do not confer, in law or in fact, the power to elect	8721
one or more directors of the issuer.	8722

(B)(1) Whoever violates this section is guilty of engaging in	8723
a pattern of corrupt activity. Except as otherwise provided in	8724
this division, engaging in corrupt activity is a felony of the	8725
second degree. Except as otherwise provided in this division, if	8726
at least one of the incidents of corrupt activity is a felony of	8727
the first, second, or third degree, aggravated murder, or murder,	8728
if at least one of the incidents was a felony under the law of	8729
this state that was committed prior to July 1, 1996, and that	8730
would constitute a felony of the first, second, or third degree,	8731
aggravated murder, or murder if committed on or after July 1,	8732
1996, or if at least one of the incidents of corrupt activity is a	8733
felony under the law of the United States or of another state	8734
that, if committed in this state on or after July 1, 1996, would	8735
constitute a felony of the first, second, or third degree,	8736
aggravated murder, or murder under the law of this state, engaging	8737
in a pattern of corrupt activity is a felony of the first degree.	8738
If the offender also is convicted of or pleads guilty to a	8739
specification as described in section 2941.1422 of the Revised	8740
Code that was included in the indictment, count in the indictment,	8741
or information charging the offense, engaging in a pattern of	8742
corrupt activity is a felony of the first degree, and the court	8743
shall sentence the offender to a mandatory prison term as provided	8744
in division (D)(B)(7) of section 2929.14 of the Revised Code and	8745
shall order the offender to make restitution as provided in	8746
division (B)(8) of section 2929.18 of the Revised Code.	8747
Notwithstanding any other provision of law, a person may be	8748
convicted of violating the provisions of this section as well as	8749
of a conspiracy to violate one or more of those provisions under	8750
section 2923.01 of the Revised Code.	8751

(2) Notwithstanding the financial sanctions authorized by	8752
section 2929.18 of the Revised Code, the court may do all of the	8753
following with respect to any person who derives pecuniary value	8754
or causes property damage, personal injury other than pain and	8755
suffering, or other loss through or by the violation of this	8756
section:	8757

(a) In lieu of the fine authorized by that section, impose a	8758
fine not exceeding the greater of three times the gross value	8759
gained or three times the gross loss caused and order the clerk of	8760
the court to pay the fine into the state treasury to the credit of	8761
the corrupt activity investigation and prosecution fund, which is	8762
hereby created;	8763

(b) In addition to the fine described in division (B)(2)(a)	8764
of this section and the financial sanctions authorized by section	8765
2929.18 of the Revised Code, order the person to pay court costs;	8766

(c) In addition to the fine described in division (B)(2)(a)	8767
of this section and the financial sanctions authorized by section	8768
2929.18 of the Revised Code, order the person to pay to the state,	8769
municipal, or county law enforcement agencies that handled the	8770
investigation and prosecution the costs of investigation and	8771
prosecution that are reasonably incurred.	8772

The court shall hold a hearing to determine the amount of	8773
fine, court costs, and other costs to be imposed under this	8774
division.	8775

(3) In addition to any other penalty or disposition	8776
authorized or required by law, the court shall order any person	8777
who is convicted of or pleads guilty to a violation of this	8778
section or who is adjudicated delinquent by reason of a violation	8779
of this section to criminally forfeit to the state under Chapter	8780
2981. of the Revised Code any personal or real property in which	8781
the person has an interest and that was used in the course of or	8782
intended for use in the course of a violation of this section, or	8783
that was derived from or realized through conduct in violation of	8784
this section, including any property constituting an interest in,	8785
means of control over, or influence over the enterprise involved	8786
in the violation and any property constituting proceeds derived	8787
from the violation, including all of the following:	8788

(a) Any position, office, appointment, tenure, commission, or	8789
employment contract of any kind acquired or maintained by the	8790
person in violation of this section, through which the person, in	8791
violation of this section, conducted or participated in the	8792
conduct of an enterprise, or that afforded the person a source of	8793
influence or control over an enterprise that the person exercised	8794
in violation of this section;	8795

(b) Any compensation, right, or benefit derived from a	8796
position, office, appointment, tenure, commission, or employment	8797
contract described in division (B)(3)(a) of this section that	8798
accrued to the person in violation of this section during the	8799
period of the pattern of corrupt activity;	8800

(c) Any interest in, security of, claim against, or property	8801
or contractual right affording the person a source of influence or	8802
control over the affairs of an enterprise that the person	8803
exercised in violation of this section;	8804

(d) Any amount payable or paid under any contract for goods	8805
or services that was awarded or performed in violation of this	8806
section.	8807

Sec. 2925.01.  As used in this chapter:

8808

(A) "Administer," "controlled substance," "dispense,"	8809
"distribute," "hypodermic," "manufacturer," "official written	8810
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	8811
"schedule II," "schedule III," "schedule IV," "schedule V," and	8812
"wholesaler" have the same meanings as in section 3719.01 of the	8813
Revised Code.	8814

(B) "Drug dependent person" and "drug of abuse" have the same	8815
meanings as in section 3719.011 of the Revised Code.	8816

(C) "Drug," "dangerous drug," "licensed health professional	8817
authorized to prescribe drugs," and "prescription" have the same	8818
meanings as in section 4729.01 of the Revised Code.	8819

(D) "Bulk amount" of a controlled substance means any of the	8820
following:	8821

(1) For any compound, mixture, preparation, or substance	8822
included in schedule I, schedule II, or schedule III, with the	8823
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	8824
except as provided in division (D)(2) or (5) of this section,	8825
whichever of the following is applicable:	8826

(a) An amount equal to or exceeding ten grams or twenty-five	8827
unit doses of a compound, mixture, preparation, or substance that	8828
is or contains any amount of a schedule I opiate or opium	8829
derivative;	8830

(b) An amount equal to or exceeding ten grams of a compound,	8831
mixture, preparation, or substance that is or contains any amount	8832
of raw or gum opium;	8833

(c) An amount equal to or exceeding thirty grams or ten unit	8834
doses of a compound, mixture, preparation, or substance that is or	8835
contains any amount of a schedule I hallucinogen other than	8836
tetrahydrocannabinol or lysergic acid amide, or a schedule I	8837
stimulant or depressant;	8838

(d) An amount equal to or exceeding twenty grams or five	8839
times the maximum daily dose in the usual dose range specified in	8840
a standard pharmaceutical reference manual of a compound, mixture,	8841
preparation, or substance that is or contains any amount of a	8842
schedule II opiate or opium derivative;	8843

(e) An amount equal to or exceeding five grams or ten unit	8844
doses of a compound, mixture, preparation, or substance that is or	8845
contains any amount of phencyclidine;	8846

(f) An amount equal to or exceeding one hundred twenty grams	8847
or thirty times the maximum daily dose in the usual dose range	8848
specified in a standard pharmaceutical reference manual of a	8849
compound, mixture, preparation, or substance that is or contains	8850
any amount of a schedule II stimulant that is in a final dosage	8851
form manufactured by a person authorized by the "Federal Food,	8852
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	8853
amended, and the federal drug abuse control laws, as defined in	8854
section 3719.01 of the Revised Code, that is or contains any	8855
amount of a schedule II depressant substance or a schedule II	8856
hallucinogenic substance;	8857

(g) An amount equal to or exceeding three grams of a	8858
compound, mixture, preparation, or substance that is or contains	8859
any amount of a schedule II stimulant, or any of its salts or	8860
isomers, that is not in a final dosage form manufactured by a	8861
person authorized by the Federal Food, Drug, and Cosmetic Act and	8862
the federal drug abuse control laws.	8863

(2) An amount equal to or exceeding one hundred twenty grams	8864
or thirty times the maximum daily dose in the usual dose range	8865
specified in a standard pharmaceutical reference manual of a	8866
compound, mixture, preparation, or substance that is or contains	8867
any amount of a schedule III or IV substance other than an	8868
anabolic steroid or a schedule III opiate or opium derivative;	8869

(3) An amount equal to or exceeding twenty grams or five	8870
times the maximum daily dose in the usual dose range specified in	8871
a standard pharmaceutical reference manual of a compound, mixture,	8872
preparation, or substance that is or contains any amount of a	8873
schedule III opiate or opium derivative;	8874

(4) An amount equal to or exceeding two hundred fifty	8875
milliliters or two hundred fifty grams of a compound, mixture,	8876
preparation, or substance that is or contains any amount of a	8877
schedule V substance;	8878

(5) An amount equal to or exceeding two hundred solid dosage	8879
units, sixteen grams, or sixteen milliliters of a compound,	8880
mixture, preparation, or substance that is or contains any amount	8881
of a schedule III anabolic steroid.	8882

(E) "Unit dose" means an amount or unit of a compound,	8883
mixture, or preparation containing a controlled substance that is	8884
separately identifiable and in a form that indicates that it is	8885
the amount or unit by which the controlled substance is separately	8886
administered to or taken by an individual.	8887

(F) "Cultivate" includes planting, watering, fertilizing, or	8888
tilling.	8889

(G) "Drug abuse offense" means any of the following:

8890

(1) A violation of division (A) of section 2913.02 that	8891
constitutes theft of drugs, or a violation of section 2925.02,	8892
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	8893
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	8894
2925.37 of the Revised Code;	8895

(2) A violation of an existing or former law of this or any	8896
other state or of the United States that is substantially	8897
equivalent to any section listed in division (G)(1) of this	8898
section;	8899

(3) An offense under an existing or former law of this or any	8900
other state, or of the United States, of which planting,	8901
cultivating, harvesting, processing, making, manufacturing,	8902
producing, shipping, transporting, delivering, acquiring,	8903
possessing, storing, distributing, dispensing, selling, inducing	8904
another to use, administering to another, using, or otherwise	8905
dealing with a controlled substance is an element;	8906

(4) A conspiracy to commit, attempt to commit, or complicity	8907
in committing or attempting to commit any offense under division	8908
(G)(1), (2), or (3) of this section.	8909

(H) "Felony drug abuse offense" means any drug abuse offense	8910
that would constitute a felony under the laws of this state, any	8911
other state, or the United States.	8912

(I) "Harmful intoxicant" does not include beer or	8913
intoxicating liquor but means any of the following:	8914

(1) Any compound, mixture, preparation, or substance the gas,	8915
fumes, or vapor of which when inhaled can induce intoxication,	8916
excitement, giddiness, irrational behavior, depression,	8917
stupefaction, paralysis, unconsciousness, asphyxiation, or other	8918
harmful physiological effects, and includes, but is not limited	8919
to, any of the following:	8920

(a) Any volatile organic solvent, plastic cement, model	8921
cement, fingernail polish remover, lacquer thinner, cleaning	8922
fluid, gasoline, or other preparation containing a volatile	8923
organic solvent;	8924

(b) Any aerosol propellant;

8925

(c) Any fluorocarbon refrigerant;

8926

(d) Any anesthetic gas.

8927

(2) Gamma Butyrolactone;

8928

(3) 1,4 Butanediol.

8929

(J) "Manufacture" means to plant, cultivate, harvest,	8930
process, make, prepare, or otherwise engage in any part of the	8931
production of a drug, by propagation, extraction, chemical	8932
synthesis, or compounding, or any combination of the same, and	8933
includes packaging, repackaging, labeling, and other activities	8934
incident to production.	8935

(K) "Possess" or "possession" means having control over a	8936
thing or substance, but may not be inferred solely from mere	8937
access to the thing or substance through ownership or occupation	8938
of the premises upon which the thing or substance is found.	8939

(L) "Sample drug" means a drug or pharmaceutical preparation	8940
that would be hazardous to health or safety if used without the	8941
supervision of a licensed health professional authorized to	8942
prescribe drugs, or a drug of abuse, and that, at one time, had	8943
been placed in a container plainly marked as a sample by a	8944
manufacturer.	8945

(M) "Standard pharmaceutical reference manual" means the	8946
current edition, with cumulative changes if any, of any of the	8947
following reference works:	8948

(1) "The National Formulary";

8949

(2) "The United States Pharmacopeia," prepared by authority	8950
of the United States Pharmacopeial Convention, Inc.;	8951

(3) Other standard references that are approved by the state	8952
board of pharmacy.	8953

(N) "Juvenile" means a person under eighteen years of age.

8954

(O) "Counterfeit controlled substance" means any of the	8955
following:	8956

(1) Any drug that bears, or whose container or label bears, a	8957
trademark, trade name, or other identifying mark used without	8958
authorization of the owner of rights to that trademark, trade	8959
name, or identifying mark;	8960

(2) Any unmarked or unlabeled substance that is represented	8961
to be a controlled substance manufactured, processed, packed, or	8962
distributed by a person other than the person that manufactured,	8963
processed, packed, or distributed it;	8964

(3) Any substance that is represented to be a controlled	8965
substance but is not a controlled substance or is a different	8966
controlled substance;	8967

(4) Any substance other than a controlled substance that a	8968
reasonable person would believe to be a controlled substance	8969
because of its similarity in shape, size, and color, or its	8970
markings, labeling, packaging, distribution, or the price for	8971
which it is sold or offered for sale.	8972

(P) An offense is "committed in the vicinity of a school" if	8973
the offender commits the offense on school premises, in a school	8974
building, or within one thousand feet of the boundaries of any	8975
school premises, regardless of whether the offender knows the	8976
offense is being committed on school premises, in a school	8977
building, or within one thousand feet of the boundaries of any	8978
school premises.	8979

(Q) "School" means any school operated by a board of	8980
education, any community school established under Chapter 3314. of	8981
the Revised Code, or any nonpublic school for which the state	8982
board of education prescribes minimum standards under section	8983
3301.07 of the Revised Code, whether or not any instruction,	8984
extracurricular activities, or training provided by the school is	8985
being conducted at the time a criminal offense is committed.	8986

(R) "School premises" means either of the following:

8987

(1) The parcel of real property on which any school is	8988
situated, whether or not any instruction, extracurricular	8989
activities, or training provided by the school is being conducted	8990
on the premises at the time a criminal offense is committed;	8991

(2) Any other parcel of real property that is owned or leased	8992
by a board of education of a school, the governing authority of a	8993
community school established under Chapter 3314. of the Revised	8994
Code, or the governing body of a nonpublic school for which the	8995
state board of education prescribes minimum standards under	8996
section 3301.07 of the Revised Code and on which some of the	8997
instruction, extracurricular activities, or training of the school	8998
is conducted, whether or not any instruction, extracurricular	8999
activities, or training provided by the school is being conducted	9000
on the parcel of real property at the time a criminal offense is	9001
committed.	9002

(S) "School building" means any building in which any of the	9003
instruction, extracurricular activities, or training provided by a	9004
school is conducted, whether or not any instruction,	9005
extracurricular activities, or training provided by the school is	9006
being conducted in the school building at the time a criminal	9007
offense is committed.	9008

(T) "Disciplinary counsel" means the disciplinary counsel	9009
appointed by the board of commissioners on grievances and	9010
discipline of the supreme court under the Rules for the Government	9011
of the Bar of Ohio.	9012

(U) "Certified grievance committee" means a duly constituted	9013
and organized committee of the Ohio state bar association or of	9014
one or more local bar associations of the state of Ohio that	9015
complies with the criteria set forth in Rule V, section 6 of the	9016
Rules for the Government of the Bar of Ohio.	9017

(V) "Professional license" means any license, permit,	9018
certificate, registration, qualification, admission, temporary	9019
license, temporary permit, temporary certificate, or temporary	9020
registration that is described in divisions (W)(1) to (36) of this	9021
section and that qualifies a person as a professionally licensed	9022
person.	9023

(W) "Professionally licensed person" means any of the	9024
following:	9025

(1) A person who has obtained a license as a manufacturer of	9026
controlled substances or a wholesaler of controlled substances	9027
under Chapter 3719. of the Revised Code;	9028

(2) A person who has received a certificate or temporary	9029
certificate as a certified public accountant or who has registered	9030
as a public accountant under Chapter 4701. of the Revised Code and	9031
who holds an Ohio permit issued under that chapter;	9032

(3) A person who holds a certificate of qualification to	9033
practice architecture issued or renewed and registered under	9034
Chapter 4703. of the Revised Code;	9035

(4) A person who is registered as a landscape architect under	9036
Chapter 4703. of the Revised Code or who holds a permit as a	9037
landscape architect issued under that chapter;	9038

(5) A person licensed under Chapter 4707. of the Revised	9039
Code;	9040

(6) A person who has been issued a certificate of	9041
registration as a registered barber under Chapter 4709. of the	9042
Revised Code;	9043

(7) A person licensed and regulated to engage in the business	9044
of a debt pooling company by a legislative authority, under	9045
authority of Chapter 4710. of the Revised Code;	9046

(8) A person who has been issued a cosmetologist's license,	9047
hair designer's license, manicurist's license, esthetician's	9048
license, natural hair stylist's license, managing cosmetologist's	9049
license, managing hair designer's license, managing manicurist's	9050
license, managing esthetician's license, managing natural hair	9051
stylist's license, cosmetology instructor's license, hair design	9052
instructor's license, manicurist instructor's license, esthetics	9053
instructor's license, natural hair style instructor's license,	9054
independent contractor's license, or tanning facility permit under	9055
Chapter 4713. of the Revised Code;	9056

(9) A person who has been issued a license to practice	9057
dentistry, a general anesthesia permit, a conscious intravenous	9058
sedation permit, a limited resident's license, a limited teaching	9059
license, a dental hygienist's license, or a dental hygienist's	9060
teacher's certificate under Chapter 4715. of the Revised Code;	9061

(10) A person who has been issued an embalmer's license, a	9062
funeral director's license, a funeral home license, or a crematory	9063
license, or who has been registered for an embalmer's or funeral	9064
director's apprenticeship under Chapter 4717. of the Revised Code;	9065

(11) A person who has been licensed as a registered nurse or	9066
practical nurse, or who has been issued a certificate for the	9067
practice of nurse-midwifery under Chapter 4723. of the Revised	9068
Code;	9069

(12) A person who has been licensed to practice optometry or	9070
to engage in optical dispensing under Chapter 4725. of the Revised	9071
Code;	9072

(13) A person licensed to act as a pawnbroker under Chapter	9073
4727. of the Revised Code;	9074

(14) A person licensed to act as a precious metals dealer	9075
under Chapter 4728. of the Revised Code;	9076

(15) A person licensed as a pharmacist, a pharmacy intern, a	9077
wholesale distributor of dangerous drugs, or a terminal	9078
distributor of dangerous drugs under Chapter 4729. of the Revised	9079
Code;	9080

(16) A person who is authorized to practice as a physician	9081
assistant under Chapter 4730. of the Revised Code;	9082

(17) A person who has been issued a certificate to practice	9083
medicine and surgery, osteopathic medicine and surgery, a limited	9084
branch of medicine, or podiatry under Chapter 4731. of the Revised	9085
Code;	9086

(18) A person licensed as a psychologist or school	9087
psychologist under Chapter 4732. of the Revised Code;	9088

(19) A person registered to practice the profession of	9089
engineering or surveying under Chapter 4733. of the Revised Code;	9090

(20) A person who has been issued a license to practice	9091
chiropractic under Chapter 4734. of the Revised Code;	9092

(21) A person licensed to act as a real estate broker or real	9093
estate salesperson under Chapter 4735. of the Revised Code;	9094

(22) A person registered as a registered sanitarian under	9095
Chapter 4736. of the Revised Code;	9096

(23) A person licensed to operate or maintain a junkyard	9097
under Chapter 4737. of the Revised Code;	9098

(24) A person who has been issued a motor vehicle salvage	9099
dealer's license under Chapter 4738. of the Revised Code;	9100

(25) A person who has been licensed to act as a steam	9101
engineer under Chapter 4739. of the Revised Code;	9102

(26) A person who has been issued a license or temporary	9103
permit to practice veterinary medicine or any of its branches, or	9104
who is registered as a graduate animal technician under Chapter	9105
4741. of the Revised Code;	9106

(27) A person who has been issued a hearing aid dealer's or	9107
fitter's license or trainee permit under Chapter 4747. of the	9108
Revised Code;	9109

(28) A person who has been issued a class A, class B, or	9110
class C license or who has been registered as an investigator or	9111
security guard employee under Chapter 4749. of the Revised Code;	9112

(29) A person licensed and registered to practice as a	9113
nursing home administrator under Chapter 4751. of the Revised	9114
Code;	9115

(30) A person licensed to practice as a speech-language	9116
pathologist or audiologist under Chapter 4753. of the Revised	9117
Code;	9118

(31) A person issued a license as an occupational therapist	9119
or physical therapist under Chapter 4755. of the Revised Code;	9120

(32) A person who is licensed as a professional clinical	9121
counselor or professional counselor, licensed as a social worker	9122
or independent social worker, or registered as a social work	9123
assistant under Chapter 4757. of the Revised Code;	9124

(33) A person issued a license to practice dietetics under	9125
Chapter 4759. of the Revised Code;	9126

(34) A person who has been issued a license or limited permit	9127
to practice respiratory therapy under Chapter 4761. of the Revised	9128
Code;	9129

(35) A person who has been issued a real estate appraiser	9130
certificate under Chapter 4763. of the Revised Code;	9131

(36) A person who has been admitted to the bar by order of	9132
the supreme court in compliance with its prescribed and published	9133
rules.	9134

(X) "Cocaine" means any of the following:

9135

(1) A cocaine salt, isomer, or derivative, a salt of a	9136
cocaine isomer or derivative, or the base form of cocaine;	9137

(2) Coca leaves or a salt, compound, derivative, or	9138
preparation of coca leaves, including ecgonine, a salt, isomer, or	9139
derivative of ecgonine, or a salt of an isomer or derivative of	9140
ecgonine;	9141

(3) A salt, compound, derivative, or preparation of a	9142
substance identified in division (X)(1) or (2) of this section	9143
that is chemically equivalent to or identical with any of those	9144
substances, except that the substances shall not include	9145
decocainized coca leaves or extraction of coca leaves if the	9146
extractions do not contain cocaine or ecgonine.	9147

(Y) "L.S.D." means lysergic acid diethylamide.

9148

(Z) "Hashish" means the resin or a preparation of the resin	9149
contained in marihuana, whether in solid form or in a liquid	9150
concentrate, liquid extract, or liquid distillate form.	9151

(AA) "Marihuana" has the same meaning as in section 3719.01	9152
of the Revised Code, except that it does not include hashish.	9153

(BB) An offense is "committed in the vicinity of a juvenile"	9154
if the offender commits the offense within one hundred feet of a	9155
juvenile or within the view of a juvenile, regardless of whether	9156
the offender knows the age of the juvenile, whether the offender	9157
knows the offense is being committed within one hundred feet of or	9158
within view of the juvenile, or whether the juvenile actually	9159
views the commission of the offense.	9160

(CC) "Presumption for a prison term" or "presumption that a	9161
prison term shall be imposed" means a presumption, as described in	9162
division (D) of section 2929.13 of the Revised Code, that a prison	9163
term is a necessary sanction for a felony in order to comply with	9164
the purposes and principles of sentencing under section 2929.11 of	9165
the Revised Code.	9166

(DD) "Major drug offender" has the same meaning as in section	9167
2929.01 of the Revised Code.	9168

(EE) "Minor drug possession offense" means either of the	9169
following:	9170

(1) A violation of section 2925.11 of the Revised Code as it	9171
existed prior to July 1, 1996;	9172

(2) A violation of section 2925.11 of the Revised Code as it	9173
exists on and after July 1, 1996, that is a misdemeanor or a	9174
felony of the fifth degree.	9175

(FF) "Mandatory prison term" has the same meaning as in	9176
section 2929.01 of the Revised Code.	9177

(GG) "Crack cocaine" means a compound, mixture, preparation,	9178
or substance that is or contains any amount of cocaine that is	9179
analytically identified as the base form of cocaine or that is in	9180
a form that resembles rocks or pebbles generally intended for	9181
individual use.	9182

(HH) "Adulterate" means to cause a drug to be adulterated as	9183
described in section 3715.63 of the Revised Code.	9184

(II)(HH) "Public premises" means any hotel, restaurant,	9185
tavern, store, arena, hall, or other place of public	9186
accommodation, business, amusement, or resort.	9187

(JJ)(II) "Methamphetamine" means methamphetamine, any salt,	9188
isomer, or salt of an isomer of methamphetamine, or any compound,	9189
mixture, preparation, or substance containing methamphetamine or	9190
any salt, isomer, or salt of an isomer of methamphetamine.	9191

(KK)(JJ) "Lawful prescription" means a prescription that is	9192
issued for a legitimate medical purpose by a licensed health	9193
professional authorized to prescribe drugs, that is not altered or	9194
forged, and that was not obtained by means of deception or by the	9195
commission of any theft offense.	9196

(LL)(KK) "Deception" and "theft offense" have the same	9197
meanings as in section 2913.01 of the Revised Code.	9198

Sec. 2925.02.  (A) No person shall knowingly do any of the	9199
following:	9200

(1) By force, threat, or deception, administer to another or	9201
induce or cause another to use a controlled substance;	9202

(2) By any means, administer or furnish to another or induce	9203
or cause another to use a controlled substance with purpose to	9204
cause serious physical harm to the other person, or with purpose	9205
to cause the other person to become drug dependent;	9206

(3) By any means, administer or furnish to another or induce	9207
or cause another to use a controlled substance, and thereby cause	9208
serious physical harm to the other person, or cause the other	9209
person to become drug dependent;	9210

(4) By any means, do any of the following:

9211

(a) Furnish or administer a controlled substance to a	9212
juvenile who is at least two years the offender's junior, when the	9213
offender knows the age of the juvenile or is reckless in that	9214
regard;	9215

(b) Induce or cause a juvenile who is at least two years the	9216
offender's junior to use a controlled substance, when the offender	9217
knows the age of the juvenile or is reckless in that regard;	9218

(c) Induce or cause a juvenile who is at least two years the	9219
offender's junior to commit a felony drug abuse offense, when the	9220
offender knows the age of the juvenile or is reckless in that	9221
regard;	9222

(d) Use a juvenile, whether or not the offender knows the age	9223
of the juvenile, to perform any surveillance activity that is	9224
intended to prevent the detection of the offender or any other	9225
person in the commission of a felony drug abuse offense or to	9226
prevent the arrest of the offender or any other person for the	9227
commission of a felony drug abuse offense.	9228

(B) Division (A)(1), (3), or (4) of this section does not	9229
apply to manufacturers, wholesalers, licensed health professionals	9230
authorized to prescribe drugs, pharmacists, owners of pharmacies,	9231
and other persons whose conduct is in accordance with Chapters	9232
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	9233
Code.	9234

(C) Whoever violates this section is guilty of corrupting	9235
another with drugs. The penalty for the offense shall be	9236
determined as follows:	9237

(1) Except as otherwise provided in this division, if the	9238
drug involved is any compound, mixture, preparation, or substance	9239
included in schedule I or II, with the exception of marihuana,	9240
corrupting another with drugs is a felony of the second degree,	9241
and, subject to division (E) of this section, the court shall	9242
impose as a mandatory prison term one of the prison terms	9243
prescribed for a felony of the second degree. If the drug involved	9244
is any compound, mixture, preparation, or substance included in	9245
schedule I or II, with the exception of marihuana, and if the	9246
offense was committed in the vicinity of a school, corrupting	9247
another with drugs is a felony of the first degree, and, subject	9248
to division (E) of this section, the court shall impose as a	9249
mandatory prison term one of the prison terms prescribed for a	9250
felony of the first degree.	9251

(2) Except as otherwise provided in this division, if the	9252
drug involved is any compound, mixture, preparation, or substance	9253
included in schedule III, IV, or V, corrupting another with drugs	9254
is a felony of the second degree, and there is a presumption for a	9255
prison term for the offense. If the drug involved is any compound,	9256
mixture, preparation, or substance included in schedule III, IV,	9257
or V and if the offense was committed in the vicinity of a school,	9258
corrupting another with drugs is a felony of the second degree,	9259
and the court shall impose as a mandatory prison term one of the	9260
prison terms prescribed for a felony of the second degree.	9261

(3) Except as otherwise provided in this division, if the	9262
drug involved is marihuana, corrupting another with drugs is a	9263
felony of the fourth degree, and division (C) of section 2929.13	9264
of the Revised Code applies in determining whether to impose a	9265
prison term on the offender. If the drug involved is marihuana and	9266
if the offense was committed in the vicinity of a school,	9267
corrupting another with drugs is a felony of the third degree, and	9268
division (C) of section 2929.13 of the Revised Code applies in	9269
determining whether to impose a prison term on the offender.	9270

(D) In addition to any prison term authorized or required by	9271
division (C) or (E) of this section and sections 2929.13 and	9272
2929.14 of the Revised Code and in addition to any other sanction	9273
imposed for the offense under this section or sections 2929.11 to	9274
2929.18 of the Revised Code, the court that sentences an offender	9275
who is convicted of or pleads guilty to a violation of division	9276
(A) of this section or the clerk of that court shall do all of the	9277
following that are applicable regarding the offender:	9278

(1)(a) If the violation is a felony of the first, second, or	9279
third degree, the court shall impose upon the offender the	9280
mandatory fine specified for the offense under division (B)(1) of	9281
section 2929.18 of the Revised Code unless, as specified in that	9282
division, the court determines that the offender is indigent.	9283

(b) Notwithstanding any contrary provision of section 3719.21	9284
of the Revised Code, any mandatory fine imposed pursuant to	9285
division (D)(1)(a) of this section and any fine imposed for a	9286
violation of this section pursuant to division (A) of section	9287
2929.18 of the Revised Code shall be paid by the clerk of the	9288
court in accordance with and subject to the requirements of, and	9289
shall be used as specified in, division (F) of section 2925.03 of	9290
the Revised Code.	9291

(c) If a person is charged with any violation of this section	9292
that is a felony of the first, second, or third degree, posts	9293
bail, and forfeits the bail, the forfeited bail shall be paid by	9294
the clerk of the court pursuant to division (D)(1)(b) of this	9295
section as if it were a fine imposed for a violation of this	9296
section.	9297

(2) The court shall suspend for not less than six months nor	9298
more than five years the offender's driver's or commercial	9299
driver's license or permit. If an offender's driver's or	9300
commercial driver's license or permit is suspended pursuant to	9301
this division, the offender, at any time after the expiration of	9302
two years from the day on which the offender's sentence was	9303
imposed or from the day on which the offender finally was released	9304
from a prison term under the sentence, whichever is later, may	9305
file a motion with the sentencing court requesting termination of	9306
the suspension. Upon the filing of the motion and the court's	9307
finding of good cause for the termination, the court may terminate	9308
the suspension.	9309

(3) If the offender is a professionally licensed person, in	9310
addition to any other sanction imposed for a violation of this	9311
section, the court immediately shall comply with section 2925.38	9312
of the Revised Code.	9313

(E) Notwithstanding the prison term otherwise authorized or	9314
required for the offense under division (C) of this section and	9315
sections 2929.13 and 2929.14 of the Revised Code, if the violation	9316
of division (A) of this section involves the sale, offer to sell,	9317
or possession of a schedule I or II controlled substance, with the	9318
exception of marihuana, and if the court imposing sentence upon	9319
the offender finds that the offender as a result of the violation	9320
is a major drug offender and is guilty of a specification of the	9321
type described in section 2941.1410 of the Revised Code, the	9322
court, in lieu of the prison term that otherwise is authorized or	9323
required, shall impose upon the offender the mandatory prison term	9324
specified in division (D)(B)(3)(a) of section 2929.14 of the	9325
Revised Code and may impose an additional prison term under	9326
division (D)(3)(b) of that section.	9327

Sec. 2925.03.  (A) No person shall knowingly do any of the	9328
following:	9329

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

9330

(2) Prepare for shipment, ship, transport, deliver, prepare	9331
for distribution, or distribute a controlled substance, when the	9332
offender knows or has reasonable cause to believe that the	9333
controlled substance is intended for sale or resale by the	9334
offender or another person.	9335

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

9336

(1) Manufacturers, licensed health professionals authorized	9337
to prescribe drugs, pharmacists, owners of pharmacies, and other	9338
persons whose conduct is in accordance with Chapters 3719., 4715.,	9339
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	9340

(2) If the offense involves an anabolic steroid, any person	9341
who is conducting or participating in a research project involving	9342
the use of an anabolic steroid if the project has been approved by	9343
the United States food and drug administration;	9344

(3) Any person who sells, offers for sale, prescribes,	9345
dispenses, or administers for livestock or other nonhuman species	9346
an anabolic steroid that is expressly intended for administration	9347
through implants to livestock or other nonhuman species and	9348
approved for that purpose under the "Federal Food, Drug, and	9349
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	9350
and is sold, offered for sale, prescribed, dispensed, or	9351
administered for that purpose in accordance with that act.	9352

(C) Whoever violates division (A) of this section is guilty	9353
of one of the following:	9354

(1) If the drug involved in the violation is any compound,	9355
mixture, preparation, or substance included in schedule I or	9356
schedule II, with the exception of marihuana, cocaine, L.S.D.,	9357
heroin, and hashish, whoever violates division (A) of this section	9358
is guilty of aggravated trafficking in drugs. The penalty for the	9359
offense shall be determined as follows:	9360

(a) Except as otherwise provided in division (C)(1)(b), (c),	9361
(d), (e), or (f) of this section, aggravated trafficking in drugs	9362
is a felony of the fourth degree, and division (C) of section	9363
2929.13 of the Revised Code applies in determining whether to	9364
impose a prison term on the offender.	9365

(b) Except as otherwise provided in division (C)(1)(c), (d),	9366
(e), or (f) of this section, if the offense was committed in the	9367
vicinity of a school or in the vicinity of a juvenile, aggravated	9368
trafficking in drugs is a felony of the third degree, and division	9369
(C) of section 2929.13 of the Revised Code applies in determining	9370
whether to impose a prison term on the offender.	9371

(c) Except as otherwise provided in this division, if the	9372
amount of the drug involved equals or exceeds the bulk amount but	9373
is less than five times the bulk amount, aggravated trafficking in	9374
drugs is a felony of the third degree, and, except as otherwise	9375
provided in this division, there is a presumption for a prison	9376
term for the offense. If aggravated trafficking in drugs is a	9377
felony of the third degree under this division and if the offender	9378
two or more times previously has been convicted of or pleaded	9379
guilty to a felony drug abuse offense, the court shall impose as a	9380
mandatory prison term one of the prison terms prescribed for a	9381
felony of the third degree. If the amount of the drug involved is	9382
within that range and if the offense was committed in the vicinity	9383
of a school or in the vicinity of a juvenile, aggravated	9384
trafficking in drugs is a felony of the second degree, and the	9385
court shall impose as a mandatory prison term one of the prison	9386
terms prescribed for a felony of the second degree.	9387

(d) Except as otherwise provided in this division, if the	9388
amount of the drug involved equals or exceeds five times the bulk	9389
amount but is less than fifty times the bulk amount, aggravated	9390
trafficking in drugs is a felony of the second degree, and the	9391
court shall impose as a mandatory prison term one of the prison	9392
terms prescribed for a felony of the second degree. If the amount	9393
of the drug involved is within that range and if the offense was	9394
committed in the vicinity of a school or in the vicinity of a	9395
juvenile, aggravated trafficking in drugs is a felony of the first	9396
degree, and the court shall impose as a mandatory prison term one	9397
of the prison terms prescribed for a felony of the first degree.	9398

(e) If the amount of the drug involved equals or exceeds	9399
fifty times the bulk amount but is less than one hundred times the	9400
bulk amount and regardless of whether the offense was committed in	9401
the vicinity of a school or in the vicinity of a juvenile,	9402
aggravated trafficking in drugs is a felony of the first degree,	9403
and the court shall impose as a mandatory prison term one of the	9404
prison terms prescribed for a felony of the first degree.	9405

(f) If the amount of the drug involved equals or exceeds one	9406
hundred times the bulk amount and regardless of whether the	9407
offense was committed in the vicinity of a school or in the	9408
vicinity of a juvenile, aggravated trafficking in drugs is a	9409
felony of the first degree, the offender is a major drug offender,	9410
and the court shall impose as a mandatory prison term the maximum	9411
prison term prescribed for a felony of the first degree and may	9412
impose an additional prison term prescribed for a major drug	9413
offender under division (D)(3)(b) of section 2929.14 of the	9414
Revised Code.	9415

(2) If the drug involved in the violation is any compound,	9416
mixture, preparation, or substance included in schedule III, IV,	9417
or V, whoever violates division (A) of this section is guilty of	9418
trafficking in drugs. The penalty for the offense shall be	9419
determined as follows:	9420

(a) Except as otherwise provided in division (C)(2)(b), (c),	9421
(d), or (e) of this section, trafficking in drugs is a felony of	9422
the fifth degree, and division (C) of section 2929.13 of the	9423
Revised Code applies in determining whether to impose a prison	9424
term on the offender.	9425

(b) Except as otherwise provided in division (C)(2)(c), (d),	9426
or (e) of this section, if the offense was committed in the	9427
vicinity of a school or in the vicinity of a juvenile, trafficking	9428
in drugs is a felony of the fourth degree, and division (C) of	9429
section 2929.13 of the Revised Code applies in determining whether	9430
to impose a prison term on the offender.	9431

(c) Except as otherwise provided in this division, if the	9432
amount of the drug involved equals or exceeds the bulk amount but	9433
is less than five times the bulk amount, trafficking in drugs is a	9434
felony of the fourth degree, and there is a presumption for a	9435
prison term for the offense, and division (B) of section 2929.13	9436
of the Revised Code applies in determining whether to impose a	9437
prison term for the offense. If the amount of the drug involved is	9438
within that range and if the offense was committed in the vicinity	9439
of a school or in the vicinity of a juvenile, trafficking in drugs	9440
is a felony of the third degree, and there is a presumption for a	9441
prison term for the offense.	9442

(d) Except as otherwise provided in this division, if the	9443
amount of the drug involved equals or exceeds five times the bulk	9444
amount but is less than fifty times the bulk amount, trafficking	9445
in drugs is a felony of the third degree, and there is a	9446
presumption for a prison term for the offense. If the amount of	9447
the drug involved is within that range and if the offense was	9448
committed in the vicinity of a school or in the vicinity of a	9449
juvenile, trafficking in drugs is a felony of the second degree,	9450
and there is a presumption for a prison term for the offense.	9451

(e) Except as otherwise provided in this division, if the	9452
amount of the drug involved equals or exceeds fifty times the bulk	9453
amount, trafficking in drugs is a felony of the second degree, and	9454
the court shall impose as a mandatory prison term one of the	9455
prison terms prescribed for a felony of the second degree. If the	9456
amount of the drug involved equals or exceeds fifty times the bulk	9457
amount and if the offense was committed in the vicinity of a	9458
school or in the vicinity of a juvenile, trafficking in drugs is a	9459
felony of the first degree, and the court shall impose as a	9460
mandatory prison term one of the prison terms prescribed for a	9461
felony of the first degree.	9462

(3) If the drug involved in the violation is marihuana or a	9463
compound, mixture, preparation, or substance containing marihuana	9464
other than hashish, whoever violates division (A) of this section	9465
is guilty of trafficking in marihuana. The penalty for the offense	9466
shall be determined as follows:	9467

(a) Except as otherwise provided in division (C)(3)(b), (c),	9468
(d), (e), (f), or (g), or (h) of this section, trafficking in	9469
marihuana is a felony of the fifth degree, and division (C)(B) of	9470
section 2929.13 of the Revised Code applies in determining whether	9471
to impose a prison term on the offender.	9472

(b) Except as otherwise provided in division (C)(3)(c), (d),	9473
(e), (f), or (g), or (h) of this section, if the offense was	9474
committed in the vicinity of a school or in the vicinity of a	9475
juvenile, trafficking in marihuana is a felony of the fourth	9476
degree, and division (C)(B) of section 2929.13 of the Revised Code	9477
applies in determining whether to impose a prison term on the	9478
offender.	9479

(c) Except as otherwise provided in this division, if the	9480
amount of the drug involved equals or exceeds two hundred grams	9481
but is less than one thousand grams, trafficking in marihuana is a	9482
felony of the fourth degree, and division (C)(B) of section	9483
2929.13 of the Revised Code applies in determining whether to	9484
impose a prison term on the offender. If the amount of the drug	9485
involved is within that range and if the offense was committed in	9486
the vicinity of a school or in the vicinity of a juvenile,	9487
trafficking in marihuana is a felony of the third degree, and	9488
division (C) of section 2929.13 of the Revised Code applies in	9489
determining whether to impose a prison term on the offender.	9490

(d) Except as otherwise provided in this division, if the	9491
amount of the drug involved equals or exceeds one thousand grams	9492
but is less than five thousand grams, trafficking in marihuana is	9493
a felony of the third degree, and division (C) of section 2929.13	9494
of the Revised Code applies in determining whether to impose a	9495
prison term on the offender. If the amount of the drug involved is	9496
within that range and if the offense was committed in the vicinity	9497
of a school or in the vicinity of a juvenile, trafficking in	9498
marihuana is a felony of the second degree, and there is a	9499
presumption that a prison term shall be imposed for the offense.	9500

(e) Except as otherwise provided in this division, if the	9501
amount of the drug involved equals or exceeds five thousand grams	9502
but is less than twenty thousand grams, trafficking in marihuana	9503
is a felony of the third degree, and there is a presumption that a	9504
prison term shall be imposed for the offense. If the amount of the	9505
drug involved is within that range and if the offense was	9506
committed in the vicinity of a school or in the vicinity of a	9507
juvenile, trafficking in marihuana is a felony of the second	9508
degree, and there is a presumption that a prison term shall be	9509
imposed for the offense.	9510

(f) Except as otherwise provided in this division, if the	9511
amount of the drug involved equals or exceeds twenty thousand	9512
grams but is less than forty thousand grams, trafficking in	9513
marihuana is a felony of the second degree, and the court shall	9514
impose a mandatory prison term of five, six, seven, or eight	9515
years. If the amount of the drug involved is within that range and	9516
if the offense was committed in the vicinity of a school or in the	9517
vicinity of a juvenile, trafficking in marihuana is a felony of	9518
the first degree, and the court shall impose as a mandatory prison	9519
term the maximum prison term prescribed for a felony of the first	9520
degree.	9521

(g) Except as otherwise provided in this division, if the	9522
amount of the drug involved equals or exceeds forty thousand	9523
grams, trafficking in marihuana is a felony of the second degree,	9524
and the court shall impose as a mandatory prison term the maximum	9525
prison term prescribed for a felony of the second degree. If the	9526
amount of the drug involved equals or exceeds twentyforty	9527
thousand grams and if the offense was committed in the vicinity of	9528
a school or in the vicinity of a juvenile, trafficking in	9529
marihuana is a felony of the first degree, and the court shall	9530
impose as a mandatory prison term the maximum prison term	9531
prescribed for a felony of the first degree.	9532

(g)(h) Except as otherwise provided in this division, if the	9533
offense involves a gift of twenty grams or less of marihuana,	9534
trafficking in marihuana is a minor misdemeanor upon a first	9535
offense and a misdemeanor of the third degree upon a subsequent	9536
offense. If the offense involves a gift of twenty grams or less of	9537
marihuana and if the offense was committed in the vicinity of a	9538
school or in the vicinity of a juvenile, trafficking in marihuana	9539
is a misdemeanor of the third degree.	9540

(4) If the drug involved in the violation is cocaine or a	9541
compound, mixture, preparation, or substance containing cocaine,	9542
whoever violates division (A) of this section is guilty of	9543
trafficking in cocaine. The penalty for the offense shall be	9544
determined as follows:	9545

(a) Except as otherwise provided in division (C)(4)(b), (c),	9546
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	9547
felony of the fifth degree, and division (C) of section 2929.13 of	9548
the Revised Code applies in determining whether to impose a prison	9549
term on the offender.	9550

(b) Except as otherwise provided in division (C)(4)(c), (d),	9551
(e), (f), or (g) of this section, if the offense was committed in	9552
the vicinity of a school or in the vicinity of a juvenile,	9553
trafficking in cocaine is a felony of the fourth degree, and	9554
division (C) of section 2929.13 of the Revised Code applies in	9555
determining whether to impose a prison term on the offender.	9556

(c) Except as otherwise provided in this division, if the	9557
amount of the drug involved equals or exceeds five grams but is	9558
less than ten grams of cocaine that is not crack cocaine or equals	9559
or exceeds one gram but is less than five grams of crack cocaine,	9560
trafficking in cocaine is a felony of the fourth degree, and there	9561
is a presumption for a prison term for the offense, and division	9562
(B) of section 2929.13 of the Revised Code applies in determining	9563
whether to impose a prison term for the offense. If the amount of	9564
the drug involved is within one of those rangesthat range and if	9565
the offense was committed in the vicinity of a school or in the	9566
vicinity of a juvenile, trafficking in cocaine is a felony of the	9567
third degree, and there is a presumption for a prison term for the	9568
offense.	9569

(d) Except as otherwise provided in this division, if the	9570
amount of the drug involved equals or exceeds ten grams but is	9571
less than one hundredtwenty grams of cocaine that is not crack	9572
cocaine or equals or exceeds five grams but is less than ten grams	9573
of crack cocaine, trafficking in cocaine is a felony of the third	9574
degree, and, except as otherwise provided in this division, there	9575
is a presumption for a prison term for the offense. If trafficking	9576
in cocaine is a felony of the third degree under this division and	9577
if the offender two or more times previously has been convicted of	9578
or pleaded guilty to a felony drug abuse offense, the court shall	9579
impose as a mandatory prison term one of the prison terms	9580
prescribed for a felony of the third degree. If the amount of the	9581
drug involved is within one of those rangesthat range and if the	9582
offense was committed in the vicinity of a school or in the	9583
vicinity of a juvenile, trafficking in cocaine is a felony of the	9584
second degree, and the court shall impose as a mandatory prison	9585
term one of the prison terms prescribed for a felony of the second	9586
degree.	9587

(e) Except as otherwise provided in this division, if the	9588
amount of the drug involved equals or exceeds one hundredtwenty	9589
grams but is less than five hundredtwenty-seven grams of cocaine	9590
that is not crack cocaine or equals or exceeds ten grams but is	9591
less than twenty-five grams of crack cocaine, trafficking in	9592
cocaine is a felony of the second degree, and the court shall	9593
impose as a mandatory prison term one of the prison terms	9594
prescribed for a felony of the second degree. If the amount of the	9595
drug involved is within one of those rangesthat range and if the	9596
offense was committed in the vicinity of a school or in the	9597
vicinity of a juvenile, trafficking in cocaine is a felony of the	9598
first degree, and the court shall impose as a mandatory prison	9599
term one of the prison terms prescribed for a felony of the first	9600
degree.	9601

(f) If the amount of the drug involved equals or exceeds five	9602
hundredtwenty-seven grams but is less than one thousandhundred	9603
grams of cocaine that is not crack cocaine or equals or exceeds	9604
twenty-five grams but is less than one hundred grams of crack	9605
cocaine and regardless of whether the offense was committed in the	9606
vicinity of a school or in the vicinity of a juvenile, trafficking	9607
in cocaine is a felony of the first degree, and the court shall	9608
impose as a mandatory prison term one of the prison terms	9609
prescribed for a felony of the first degree.	9610

(g) If the amount of the drug involved equals or exceeds one	9611
thousandhundred grams of cocaine that is not crack cocaine or	9612
equals or exceeds one hundred grams of crack cocaine and	9613
regardless of whether the offense was committed in the vicinity of	9614
a school or in the vicinity of a juvenile, trafficking in cocaine	9615
is a felony of the first degree, the offender is a major drug	9616
offender, and the court shall impose as a mandatory prison term	9617
the maximum prison term prescribed for a felony of the first	9618
degree and may impose an additional mandatory prison term	9619
prescribed for a major drug offender under division (D)(3)(b) of	9620
section 2929.14 of the Revised Code.	9621

(5) If the drug involved in the violation is L.S.D. or a	9622
compound, mixture, preparation, or substance containing L.S.D.,	9623
whoever violates division (A) of this section is guilty of	9624
trafficking in L.S.D. The penalty for the offense shall be	9625
determined as follows:	9626

(a) Except as otherwise provided in division (C)(5)(b), (c),	9627
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	9628
felony of the fifth degree, and division (C) of section 2929.13 of	9629
the Revised Code applies in determining whether to impose a prison	9630
term on the offender.	9631

(b) Except as otherwise provided in division (C)(5)(c), (d),	9632
(e), (f), or (g) of this section, if the offense was committed in	9633
the vicinity of a school or in the vicinity of a juvenile,	9634
trafficking in L.S.D. is a felony of the fourth degree, and	9635
division (C) of section 2929.13 of the Revised Code applies in	9636
determining whether to impose a prison term on the offender.	9637

(c) Except as otherwise provided in this division, if the	9638
amount of the drug involved equals or exceeds ten unit doses but	9639
is less than fifty unit doses of L.S.D. in a solid form or equals	9640
or exceeds one gram but is less than five grams of L.S.D. in a	9641
liquid concentrate, liquid extract, or liquid distillate form,	9642
trafficking in L.S.D. is a felony of the fourth degree, and there	9643
is a presumption for a prison term for the offense, and division	9644
(B) of section 2929.13 of the Revised Code applies in determining	9645
whether to impose a prison term for the offense. If the amount of	9646
the drug involved is within that range and if the offense was	9647
committed in the vicinity of a school or in the vicinity of a	9648
juvenile, trafficking in L.S.D. is a felony of the third degree,	9649
and there is a presumption for a prison term for the offense.	9650

(d) Except as otherwise provided in this division, if the	9651
amount of the drug involved equals or exceeds fifty unit doses but	9652
is less than two hundred fifty unit doses of L.S.D. in a solid	9653
form or equals or exceeds five grams but is less than twenty-five	9654
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	9655
distillate form, trafficking in L.S.D. is a felony of the third	9656
degree, and, except as otherwise provided in this division, there	9657
is a presumption for a prison term for the offense. If trafficking	9658
in L.S.D. is a felony of the third degree under this division and	9659
if the offender two or more times previously has been convicted of	9660
or pleaded guilty to a felony drug abuse offense, the court shall	9661
impose as a mandatory prison term one of the prison terms	9662
prescribed for a felony of the third degree. If the amount of the	9663
drug involved is within that range and if the offense was	9664
committed in the vicinity of a school or in the vicinity of a	9665
juvenile, trafficking in L.S.D. is a felony of the second degree,	9666
and the court shall impose as a mandatory prison term one of the	9667
prison terms prescribed for a felony of the second degree.	9668

(e) Except as otherwise provided in this division, if the	9669
amount of the drug involved equals or exceeds two hundred fifty	9670
unit doses but is less than one thousand unit doses of L.S.D. in a	9671
solid form or equals or exceeds twenty-five grams but is less than	9672
one hundred grams of L.S.D. in a liquid concentrate, liquid	9673
extract, or liquid distillate form, trafficking in L.S.D. is a	9674
felony of the second degree, and the court shall impose as a	9675
mandatory prison term one of the prison terms prescribed for a	9676
felony of the second degree. If the amount of the drug involved is	9677
within that range and if the offense was committed in the vicinity	9678
of a school or in the vicinity of a juvenile, trafficking in	9679
L.S.D. is a felony of the first degree, and the court shall impose	9680
as a mandatory prison term one of the prison terms prescribed for	9681
a felony of the first degree.	9682

(f) If the amount of the drug involved equals or exceeds one	9683
thousand unit doses but is less than five thousand unit doses of	9684
L.S.D. in a solid form or equals or exceeds one hundred grams but	9685
is less than five hundred grams of L.S.D. in a liquid concentrate,	9686
liquid extract, or liquid distillate form and regardless of	9687
whether the offense was committed in the vicinity of a school or	9688
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	9689
of the first degree, and the court shall impose as a mandatory	9690
prison term one of the prison terms prescribed for a felony of the	9691
first degree.	9692

(g) If the amount of the drug involved equals or exceeds five	9693
thousand unit doses of L.S.D. in a solid form or equals or exceeds	9694
five hundred grams of L.S.D. in a liquid concentrate, liquid	9695
extract, or liquid distillate form and regardless of whether the	9696
offense was committed in the vicinity of a school or in the	9697
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	9698
first degree, the offender is a major drug offender, and the court	9699
shall impose as a mandatory prison term the maximum prison term	9700
prescribed for a felony of the first degree and may impose an	9701
additional mandatory prison term prescribed for a major drug	9702
offender under division (D)(3)(b) of section 2929.14 of the	9703
Revised Code.	9704

(6) If the drug involved in the violation is heroin or a	9705
compound, mixture, preparation, or substance containing heroin,	9706
whoever violates division (A) of this section is guilty of	9707
trafficking in heroin. The penalty for the offense shall be	9708
determined as follows:	9709

(a) Except as otherwise provided in division (C)(6)(b), (c),	9710
(d), (e), (f), or (g) of this section, trafficking in heroin is a	9711
felony of the fifth degree, and division (C) of section 2929.13 of	9712
the Revised Code applies in determining whether to impose a prison	9713
term on the offender.	9714

(b) Except as otherwise provided in division (C)(6)(c), (d),	9715
(e), (f), or (g) of this section, if the offense was committed in	9716
the vicinity of a school or in the vicinity of a juvenile,	9717
trafficking in heroin is a felony of the fourth degree, and	9718
division (C) of section 2929.13 of the Revised Code applies in	9719
determining whether to impose a prison term on the offender.	9720

(c) Except as otherwise provided in this division, if the	9721
amount of the drug involved equals or exceeds ten unit doses but	9722
is less than fifty unit doses or equals or exceeds one gram but is	9723
less than five grams, trafficking in heroin is a felony of the	9724
fourth degree, and there is a presumption for a prison term for	9725
the offense, and division (B) of section 2929.13 of the Revised	9726
Code applies in determining whether to impose a prison term for	9727
the offense. If the amount of the drug involved is within that	9728
range and if the offense was committed in the vicinity of a school	9729
or in the vicinity of a juvenile, trafficking in heroin is a	9730
felony of the third degree, and there is a presumption for a	9731
prison term for the offense.	9732

(d) Except as otherwise provided in this division, if the	9733
amount of the drug involved equals or exceeds fifty unit doses but	9734
is less than one hundred unit doses or equals or exceeds five	9735
grams but is less than ten grams, trafficking in heroin is a	9736
felony of the third degree, and there is a presumption for a	9737
prison term for the offense. If the amount of the drug involved is	9738
within that range and if the offense was committed in the vicinity	9739
of a school or in the vicinity of a juvenile, trafficking in	9740
heroin is a felony of the second degree, and there is a	9741
presumption for a prison term for the offense.	9742

(e) Except as otherwise provided in this division, if the	9743
amount of the drug involved equals or exceeds one hundred unit	9744
doses but is less than five hundred unit doses or equals or	9745
exceeds ten grams but is less than fifty grams, trafficking in	9746
heroin is a felony of the second degree, and the court shall	9747
impose as a mandatory prison term one of the prison terms	9748
prescribed for a felony of the second degree. If the amount of the	9749
drug involved is within that range and if the offense was	9750
committed in the vicinity of a school or in the vicinity of a	9751
juvenile, trafficking in heroin is a felony of the first degree,	9752
and the court shall impose as a mandatory prison term one of the	9753
prison terms prescribed for a felony of the first degree.	9754

(f) If the amount of the drug involved equals or exceeds five	9755
hundred unit doses but is less than two thousand five hundred unit	9756
doses or equals or exceeds fifty grams but is less than two	9757
hundred fifty grams and regardless of whether the offense was	9758
committed in the vicinity of a school or in the vicinity of a	9759
juvenile, trafficking in heroin is a felony of the first degree,	9760
and the court shall impose as a mandatory prison term one of the	9761
prison terms prescribed for a felony of the first degree.	9762

(g) If the amount of the drug involved equals or exceeds two	9763
thousand five hundred unit doses or equals or exceeds two hundred	9764
fifty grams and regardless of whether the offense was committed in	9765
the vicinity of a school or in the vicinity of a juvenile,	9766
trafficking in heroin is a felony of the first degree, the	9767
offender is a major drug offender, and the court shall impose as a	9768
mandatory prison term the maximum prison term prescribed for a	9769
felony of the first degree and may impose an additional mandatory	9770
prison term prescribed for a major drug offender under division	9771
(D)(3)(b) of section 2929.14 of the Revised Code.	9772

(7) If the drug involved in the violation is hashish or a	9773
compound, mixture, preparation, or substance containing hashish,	9774
whoever violates division (A) of this section is guilty of	9775
trafficking in hashish. The penalty for the offense shall be	9776
determined as follows:	9777

(a) Except as otherwise provided in division (C)(7)(b), (c),	9778
(d), (e), or (f), or (g) of this section, trafficking in hashish	9779
is a felony of the fifth degree, and division (C)(B) of section	9780
2929.13 of the Revised Code applies in determining whether to	9781
impose a prison term on the offender.	9782

(b) Except as otherwise provided in division (C)(7)(c), (d),	9783
(e), or (f), or (g) of this section, if the offense was committed	9784
in the vicinity of a school or in the vicinity of a juvenile,	9785
trafficking in hashish is a felony of the fourth degree, and	9786
division (C)(B) of section 2929.13 of the Revised Code applies in	9787
determining whether to impose a prison term on the offender.	9788

(c) Except as otherwise provided in this division, if the	9789
amount of the drug involved equals or exceeds ten grams but is	9790
less than fifty grams of hashish in a solid form or equals or	9791
exceeds two grams but is less than ten grams of hashish in a	9792
liquid concentrate, liquid extract, or liquid distillate form,	9793
trafficking in hashish is a felony of the fourth degree, and	9794
division (C)(B) of section 2929.13 of the Revised Code applies in	9795
determining whether to impose a prison term on the offender. If	9796
the amount of the drug involved is within that range and if the	9797
offense was committed in the vicinity of a school or in the	9798
vicinity of a juvenile, trafficking in hashish is a felony of the	9799
third degree, and division (C) of section 2929.13 of the Revised	9800
Code applies in determining whether to impose a prison term on the	9801
offender.	9802

(d) Except as otherwise provided in this division, if the	9803
amount of the drug involved equals or exceeds fifty grams but is	9804
less than two hundred fifty grams of hashish in a solid form or	9805
equals or exceeds ten grams but is less than fifty grams of	9806
hashish in a liquid concentrate, liquid extract, or liquid	9807
distillate form, trafficking in hashish is a felony of the third	9808
degree, and division (C) of section 2929.13 of the Revised Code	9809
applies in determining whether to impose a prison term on the	9810
offender. If the amount of the drug involved is within that range	9811
and if the offense was committed in the vicinity of a school or in	9812
the vicinity of a juvenile, trafficking in hashish is a felony of	9813
the second degree, and there is a presumption that a prison term	9814
shall be imposed for the offense.	9815

(e) Except as otherwise provided in this division, if the	9816
amount of the drug involved equals or exceeds two hundred fifty	9817
grams but is less than one thousand grams of hashish in a solid	9818
form or equals or exceeds fifty grams but is less than two hundred	9819
grams of hashish in a liquid concentrate, liquid extract, or	9820
liquid distillate form, trafficking in hashish is a felony of the	9821
third degree, and there is a presumption that a prison term shall	9822
be imposed for the offense. If the amount of the drug involved is	9823
within that range and if the offense was committed in the vicinity	9824
of a school or in the vicinity of a juvenile, trafficking in	9825
hashish is a felony of the second degree, and there is a	9826
presumption that a prison term shall be imposed for the offense.	9827

(f) Except as otherwise provided in this division, if the	9828
amount of the drug involved equals or exceeds one thousand grams	9829
but is less than two thousand grams of hashish in a solid form or	9830
equals or exceeds two hundred grams but is less than four hundred	9831
grams of hashish in a liquid concentrate, liquid extract, or	9832
liquid distillate form trafficking in hashish is a felony of the	9833
second degree, and the court shall impose a mandatory prison term	9834
of five, six, seven, or eight years. If the amount of the drug	9835
involved is within that range and if the offense was committed in	9836
the vicinity of a school or in the vicinity of a juvenile,	9837
trafficking in hashish is a felony of the first degree, and the	9838
court shall impose as a mandatory prison term the maximum prison	9839
term prescribed for a felony of the first degree.	9840

(g) Except as otherwise provided in this division, if the	9841
amount of the drug involved equals or exceeds two thousand grams	9842
of hashish in a solid form or equals or exceeds four hundred grams	9843
of hashish in a liquid concentrate, liquid extract, or liquid	9844
distillate form, trafficking in hashish is a felony of the second	9845
degree, and the court shall impose as a mandatory prison term the	9846
maximum prison term prescribed for a felony of the second degree.	9847
If the amount of the drug involved is within that rangeequals or	9848
exceeds two thousand grams of hashish in a solid form or equals or	9849
exceeds four hundred grams of hashish in a liquid concentrate,	9850
liquid extract, or liquid distillate form and if the offense was	9851
committed in the vicinity of a school or in the vicinity of a	9852
juvenile, trafficking in hashish is a felony of the first degree,	9853
and the court shall impose as a mandatory prison term the maximum	9854
prison term prescribed for a felony of the first degree.	9855

(D) In addition to any prison term authorized or required by	9856
division (C) of this section and sections 2929.13 and 2929.14 of	9857
the Revised Code, and in addition to any other sanction imposed	9858
for the offense under this section or sections 2929.11 to 2929.18	9859
of the Revised Code, the court that sentences an offender who is	9860
convicted of or pleads guilty to a violation of division (A) of	9861
this section shall do all of the following that are applicable	9862
regarding the offender:	9863

(1) If the violation of division (A) of this section is a	9864
felony of the first, second, or third degree, the court shall	9865
impose upon the offender the mandatory fine specified for the	9866
offense under division (B)(1) of section 2929.18 of the Revised	9867
Code unless, as specified in that division, the court determines	9868
that the offender is indigent. Except as otherwise provided in	9869
division (H)(1) of this section, a mandatory fine or any other	9870
fine imposed for a violation of this section is subject to	9871
division (F) of this section. If a person is charged with a	9872
violation of this section that is a felony of the first, second,	9873
or third degree, posts bail, and forfeits the bail, the clerk of	9874
the court shall pay the forfeited bail pursuant to divisions	9875
(D)(1) and (F) of this section, as if the forfeited bail was a	9876
fine imposed for a violation of this section. If any amount of the	9877
forfeited bail remains after that payment and if a fine is imposed	9878
under division (H)(1) of this section, the clerk of the court	9879
shall pay the remaining amount of the forfeited bail pursuant to	9880
divisions (H)(2) and (3) of this section, as if that remaining	9881
amount was a fine imposed under division (H)(1) of this section.	9882

(2) The court shall suspend the driver's or commercial	9883
driver's license or permit of the offender in accordance with	9884
division (G) of this section.	9885

(3) If the offender is a professionally licensed person, the	9886
court immediately shall comply with section 2925.38 of the Revised	9887
Code.	9888

(E) When a person is charged with the sale of or offer to	9889
sell a bulk amount or a multiple of a bulk amount of a controlled	9890
substance, the jury, or the court trying the accused, shall	9891
determine the amount of the controlled substance involved at the	9892
time of the offense and, if a guilty verdict is returned, shall	9893
return the findings as part of the verdict. In any such case, it	9894
is unnecessary to find and return the exact amount of the	9895
controlled substance involved, and it is sufficient if the finding	9896
and return is to the effect that the amount of the controlled	9897
substance involved is the requisite amount, or that the amount of	9898
the controlled substance involved is less than the requisite	9899
amount.	9900

(F)(1) Notwithstanding any contrary provision of section	9901
3719.21 of the Revised Code and except as provided in division (H)	9902
of this section, the clerk of the court shall pay any mandatory	9903
fine imposed pursuant to division (D)(1) of this section and any	9904
fine other than a mandatory fine that is imposed for a violation	9905
of this section pursuant to division (A) or (B)(5) of section	9906
2929.18 of the Revised Code to the county, township, municipal	9907
corporation, park district, as created pursuant to section 511.18	9908
or 1545.04 of the Revised Code, or state law enforcement agencies	9909
in this state that primarily were responsible for or involved in	9910
making the arrest of, and in prosecuting, the offender. However,	9911
the clerk shall not pay a mandatory fine so imposed to a law	9912
enforcement agency unless the agency has adopted a written	9913
internal control policy under division (F)(2) of this section that	9914
addresses the use of the fine moneys that it receives. Each agency	9915
shall use the mandatory fines so paid to subsidize the agency's	9916
law enforcement efforts that pertain to drug offenses, in	9917
accordance with the written internal control policy adopted by the	9918
recipient agency under division (F)(2) of this section.	9919

(2)(a) Prior to receiving any fine moneys under division	9920
(F)(1) of this section or division (B) of section 2925.42 of the	9921
Revised Code, a law enforcement agency shall adopt a written	9922
internal control policy that addresses the agency's use and	9923
disposition of all fine moneys so received and that provides for	9924
the keeping of detailed financial records of the receipts of those	9925
fine moneys, the general types of expenditures made out of those	9926
fine moneys, and the specific amount of each general type of	9927
expenditure. The policy shall not provide for or permit the	9928
identification of any specific expenditure that is made in an	9929
ongoing investigation. All financial records of the receipts of	9930
those fine moneys, the general types of expenditures made out of	9931
those fine moneys, and the specific amount of each general type of	9932
expenditure by an agency are public records open for inspection	9933
under section 149.43 of the Revised Code. Additionally, a written	9934
internal control policy adopted under this division is such a	9935
public record, and the agency that adopted it shall comply with	9936
it.	9937

(b) Each law enforcement agency that receives in any calendar	9938
year any fine moneys under division (F)(1) of this section or	9939
division (B) of section 2925.42 of the Revised Code shall prepare	9940
a report covering the calendar year that cumulates all of the	9941
information contained in all of the public financial records kept	9942
by the agency pursuant to division (F)(2)(a) of this section for	9943
that calendar year, and shall send a copy of the cumulative	9944
report, no later than the first day of March in the calendar year	9945
following the calendar year covered by the report, to the attorney	9946
general. Each report received by the attorney general is a public	9947
record open for inspection under section 149.43 of the Revised	9948
Code. Not later than the fifteenth day of April in the calendar	9949
year in which the reports are received, the attorney general shall	9950
send to the president of the senate and the speaker of the house	9951
of representatives a written notification that does all of the	9952
following:	9953

(i) Indicates that the attorney general has received from law	9954
enforcement agencies reports of the type described in this	9955
division that cover the previous calendar year and indicates that	9956
the reports were received under this division;	9957

(ii) Indicates that the reports are open for inspection under	9958
section 149.43 of the Revised Code;	9959

(iii) Indicates that the attorney general will provide a copy	9960
of any or all of the reports to the president of the senate or the	9961
speaker of the house of representatives upon request.	9962

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

9963

(a) "Law enforcement agencies" includes, but is not limited	9964
to, the state board of pharmacy and the office of a prosecutor.	9965

(b) "Prosecutor" has the same meaning as in section 2935.01	9966
of the Revised Code.	9967

(G) When required under division (D)(2) of this section or	9968
any other provision of this chapter, the court shall suspend for	9969
not less than six months or more than five years the driver's or	9970
commercial driver's license or permit of any person who is	9971
convicted of or pleads guilty to any violation of this section or	9972
any other specified provision of this chapter. If an offender's	9973
driver's or commercial driver's license or permit is suspended	9974
pursuant to this division, the offender, at any time after the	9975
expiration of two years from the day on which the offender's	9976
sentence was imposed or from the day on which the offender finally	9977
was released from a prison term under the sentence, whichever is	9978
later, may file a motion with the sentencing court requesting	9979
termination of the suspension; upon the filing of such a motion	9980
and the court's finding of good cause for the termination, the	9981
court may terminate the suspension.	9982

(H)(1) In addition to any prison term authorized or required	9983
by division (C) of this section and sections 2929.13 and 2929.14	9984
of the Revised Code, in addition to any other penalty or sanction	9985
imposed for the offense under this section or sections 2929.11 to	9986
2929.18 of the Revised Code, and in addition to the forfeiture of	9987
property in connection with the offense as prescribed in Chapter	9988
2981. of the Revised Code, the court that sentences an offender	9989
who is convicted of or pleads guilty to a violation of division	9990
(A) of this section may impose upon the offender an additional	9991
fine specified for the offense in division (B)(4) of section	9992
2929.18 of the Revised Code. A fine imposed under division (H)(1)	9993
of this section is not subject to division (F) of this section and	9994
shall be used solely for the support of one or more eligible	9995
alcohol and drug addiction programs in accordance with divisions	9996
(H)(2) and (3) of this section.	9997

(2) The court that imposes a fine under division (H)(1) of	9998
this section shall specify in the judgment that imposes the fine	9999
one or more eligible alcohol and drug addiction programs for the	10000
support of which the fine money is to be used. No alcohol and drug	10001
addiction program shall receive or use money paid or collected in	10002
satisfaction of a fine imposed under division (H)(1) of this	10003
section unless the program is specified in the judgment that	10004
imposes the fine. No alcohol and drug addiction program shall be	10005
specified in the judgment unless the program is an eligible	10006
alcohol and drug addiction program and, except as otherwise	10007
provided in division (H)(2) of this section, unless the program is	10008
located in the county in which the court that imposes the fine is	10009
located or in a county that is immediately contiguous to the	10010
county in which that court is located. If no eligible alcohol and	10011
drug addiction program is located in any of those counties, the	10012
judgment may specify an eligible alcohol and drug addiction	10013
program that is located anywhere within this state.	10014

(3) Notwithstanding any contrary provision of section 3719.21	10015
of the Revised Code, the clerk of the court shall pay any fine	10016
imposed under division (H)(1) of this section to the eligible	10017
alcohol and drug addiction program specified pursuant to division	10018
(H)(2) of this section in the judgment. The eligible alcohol and	10019
drug addiction program that receives the fine moneys shall use the	10020
moneys only for the alcohol and drug addiction services identified	10021
in the application for certification under section 3793.06 of the	10022
Revised Code or in the application for a license under section	10023
3793.11 of the Revised Code filed with the department of alcohol	10024
and drug addiction services by the alcohol and drug addiction	10025
program specified in the judgment.	10026

(4) Each alcohol and drug addiction program that receives in	10027
a calendar year any fine moneys under division (H)(3) of this	10028
section shall file an annual report covering that calendar year	10029
with the court of common pleas and the board of county	10030
commissioners of the county in which the program is located, with	10031
the court of common pleas and the board of county commissioners of	10032
each county from which the program received the moneys if that	10033
county is different from the county in which the program is	10034
located, and with the attorney general. The alcohol and drug	10035
addiction program shall file the report no later than the first	10036
day of March in the calendar year following the calendar year in	10037
which the program received the fine moneys. The report shall	10038
include statistics on the number of persons served by the alcohol	10039
and drug addiction program, identify the types of alcohol and drug	10040
addiction services provided to those persons, and include a	10041
specific accounting of the purposes for which the fine moneys	10042
received were used. No information contained in the report shall	10043
identify, or enable a person to determine the identity of, any	10044
person served by the alcohol and drug addiction program. Each	10045
report received by a court of common pleas, a board of county	10046
commissioners, or the attorney general is a public record open for	10047
inspection under section 149.43 of the Revised Code.	10048

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

10049

(a) "Alcohol and drug addiction program" and "alcohol and	10050
drug addiction services" have the same meanings as in section	10051
3793.01 of the Revised Code.	10052

(b) "Eligible alcohol and drug addiction program" means an	10053
alcohol and drug addiction program that is certified under section	10054
3793.06 of the Revised Code or licensed under section 3793.11 of	10055
the Revised Code by the department of alcohol and drug addiction	10056
services.	10057

(I) As used in this section, "drug" includes any substance	10058
that is represented to be a drug.	10059

Sec. 2925.04.  (A) No person shall knowingly cultivate	10060
marihuana or knowingly manufacture or otherwise engage in any part	10061
of the production of a controlled substance.	10062

(B) This section does not apply to any person listed in	10063
division (B)(1), (2), or (3) of section 2925.03 of the Revised	10064
Code to the extent and under the circumstances described in those	10065
divisions.	10066

(C)(1) Whoever commits a violation of division (A) of this	10067
section that involves any drug other than marihuana is guilty of	10068
illegal manufacture of drugs, and whoever commits a violation of	10069
division (A) of this section that involves marihuana is guilty of	10070
illegal cultivation of marihuana.	10071

(2) Except as otherwise provided in this division, if the	10072
drug involved in the violation of division (A) of this section is	10073
any compound, mixture, preparation, or substance included in	10074
schedule I or II, with the exception of methamphetamine or	10075
marihuana, illegal manufacture of drugs is a felony of the second	10076
degree, and, subject to division (E) of this section, the court	10077
shall impose as a mandatory prison term one of the prison terms	10078
prescribed for a felony of the second degree.	10079

If the drug involved in the violation is any compound,	10080
mixture, preparation, or substance included in schedule I or II,	10081
with the exception of methamphetamine or marihuana, and if the	10082
offense was committed in the vicinity of a juvenile or in the	10083
vicinity of a school, illegal manufacture of drugs is a felony of	10084
the first degree, and, subject to division (E) of this section,	10085
the court shall impose as a mandatory prison term one of the	10086
prison terms prescribed for a felony of the first degree.	10087

(3) If the drug involved in the violation of division (A) of	10088
this section is methamphetamine, the penalty for the violation	10089
shall be determined as follows:	10090

(a) Except as otherwise provided in division (C)(3)(b) of	10091
this section, if the drug involved in the violation is	10092
methamphetamine, illegal manufacture of drugs is a felony of the	10093
second degree, and, subject to division (E) of this section, the	10094
court shall impose a mandatory prison term on the offender	10095
determined in accordance with this division. Except as otherwise	10096
provided in this division, the court shall impose as a mandatory	10097
prison term one of the prison terms prescribed for a felony of the	10098
second degree that is not less than three years. If the offender	10099
previously has been convicted of or pleaded guilty to a violation	10100
of division (A) of this section, a violation of division (B)(6) of	10101
section 2919.22 of the Revised Code, or a violation of division	10102
(A) of section 2925.041 of the Revised Code, the court shall	10103
impose as a mandatory prison term one of the prison terms	10104
prescribed for a felony of the second degree that is not less than	10105
five years.	10106

(b) If the drug involved in the violation is methamphetamine	10107
and if the offense was committed in the vicinity of a juvenile, in	10108
the vicinity of a school, or on public premises, illegal	10109
manufacture of drugs is a felony of the first degree, and, subject	10110
to division (E) of this section, the court shall impose a	10111
mandatory prison term on the offender determined in accordance	10112
with this division. Except as otherwise provided in this division,	10113
the court shall impose as a mandatory prison term one of the	10114
prison terms prescribed for a felony of the first degree that is	10115
not less than four years. If the offender previously has been	10116
convicted of or pleaded guilty to a violation of division (A) of	10117
this section, a violation of division (B)(6) of section 2919.22 of	10118
the Revised Code, or a violation of division (A) of section	10119
2925.041 of the Revised Code, the court shall impose as a	10120
mandatory prison term one of the prison terms prescribed for a	10121
felony of the first degree that is not less than five years.	10122

(4) If the drug involved in the violation of division (A) of	10123
this section is any compound, mixture, preparation, or substance	10124
included in schedule III, IV, or V, illegal manufacture of drugs	10125
is a felony of the third degree or, if the offense was committed	10126
in the vicinity of a school or in the vicinity of a juvenile, a	10127
felony of the second degree, and there is a presumption for a	10128
prison term for the offense.	10129

(5) If the drug involved in the violation is marihuana, the	10130
penalty for the offense shall be determined as follows:	10131

(a) Except as otherwise provided in division (C)(5)(b), (c),	10132
(d), (e), or (f) of this section, illegal cultivation of marihuana	10133
is a minor misdemeanor or, if the offense was committed in the	10134
vicinity of a school or in the vicinity of a juvenile, a	10135
misdemeanor of the fourth degree.	10136

(b) If the amount of marihuana involved equals or exceeds one	10137
hundred grams but is less than two hundred grams, illegal	10138
cultivation of marihuana is a misdemeanor of the fourth degree or,	10139
if the offense was committed in the vicinity of a school or in the	10140
vicinity of a juvenile, a misdemeanor of the third degree.	10141

(c) If the amount of marihuana involved equals or exceeds two	10142
hundred grams but is less than one thousand grams, illegal	10143
cultivation of marihuana is a felony of the fifth degree or, if	10144
the offense was committed in the vicinity of a school or in the	10145
vicinity of a juvenile, a felony of the fourth degree, and	10146
division (B) of section 2929.13 of the Revised Code applies in	10147
determining whether to impose a prison term on the offender.	10148

(d) If the amount of marihuana involved equals or exceeds one	10149
thousand grams but is less than five thousand grams, illegal	10150
cultivation of marihuana is a felony of the third degree or, if	10151
the offense was committed in the vicinity of a school or in the	10152
vicinity of a juvenile, a felony of the second degree, and	10153
division (C) of section 2929.13 of the Revised Code applies in	10154
determining whether to impose a prison term on the offender.	10155

(e) If the amount of marihuana involved equals or exceeds	10156
five thousand grams but is less than twenty thousand grams,	10157
illegal cultivation of marihuana is a felony of the third degree	10158
or, if the offense was committed in the vicinity of a school or in	10159
the vicinity of a juvenile, a felony of the second degree, and	10160
there is a presumption for a prison term for the offense.	10161

(f) Except as otherwise provided in this division, if the	10162
amount of marihuana involved equals or exceeds twenty thousand	10163
grams, illegal cultivation of marihuana is a felony of the second	10164
degree, and the court shall impose as a mandatory prison term the	10165
maximum prison term prescribed for a felony of the second degree.	10166
If the amount of the drug involved equals or exceeds twenty	10167
thousand grams and if the offense was committed in the vicinity of	10168
a school or in the vicinity of a juvenile, illegal cultivation of	10169
marihuana is a felony of the first degree, and the court shall	10170
impose as a mandatory prison term the maximum prison term	10171
prescribed for a felony of the first degree.	10172

(D) In addition to any prison term authorized or required by	10173
division (C) or (E) of this section and sections 2929.13 and	10174
2929.14 of the Revised Code and in addition to any other sanction	10175
imposed for the offense under this section or sections 2929.11 to	10176
2929.18 of the Revised Code, the court that sentences an offender	10177
who is convicted of or pleads guilty to a violation of division	10178
(A) of this section shall do all of the following that are	10179
applicable regarding the offender:	10180

(1) If the violation of division (A) of this section is a	10181
felony of the first, second, or third degree, the court shall	10182
impose upon the offender the mandatory fine specified for the	10183
offense under division (B)(1) of section 2929.18 of the Revised	10184
Code unless, as specified in that division, the court determines	10185
that the offender is indigent. The clerk of the court shall pay a	10186
mandatory fine or other fine imposed for a violation of this	10187
section pursuant to division (A) of section 2929.18 of the Revised	10188
Code in accordance with and subject to the requirements of	10189
division (F) of section 2925.03 of the Revised Code. The agency	10190
that receives the fine shall use the fine as specified in division	10191
(F) of section 2925.03 of the Revised Code. If a person is charged	10192
with a violation of this section that is a felony of the first,	10193
second, or third degree, posts bail, and forfeits the bail, the	10194
clerk shall pay the forfeited bail as if the forfeited bail were a	10195
fine imposed for a violation of this section.	10196

(2) The court shall suspend the offender's driver's or	10197
commercial driver's license or permit in accordance with division	10198
(G) of section 2925.03 of the Revised Code. If an offender's	10199
driver's or commercial driver's license or permit is suspended in	10200
accordance with that division, the offender may request	10201
termination of, and the court may terminate, the suspension in	10202
accordance with that division.	10203

(3) If the offender is a professionally licensed person, the	10204
court immediately shall comply with section 2925.38 of the Revised	10205
Code.	10206

(E) Notwithstanding the prison term otherwise authorized or	10207
required for the offense under division (C) of this section and	10208
sections 2929.13 and 2929.14 of the Revised Code, if the violation	10209
of division (A) of this section involves the sale, offer to sell,	10210
or possession of a schedule I or II controlled substance, with the	10211
exception of marihuana, and if the court imposing sentence upon	10212
the offender finds that the offender as a result of the violation	10213
is a major drug offender and is guilty of a specification of the	10214
type described in section 2941.1410 of the Revised Code, the	10215
court, in lieu of the prison term otherwise authorized or	10216
required, shall impose upon the offender the mandatory prison term	10217
specified in division (D)(B)(3)(a) of section 2929.14 of the	10218
Revised Code and may impose an additional prison term under	10219
division (D)(3)(b) of that section.	10220

(F) It is an affirmative defense, as provided in section	10221
2901.05 of the Revised Code, to a charge under this section for a	10222
fifth degree felony violation of illegal cultivation of marihuana	10223
that the marihuana that gave rise to the charge is in an amount,	10224
is in a form, is prepared, compounded, or mixed with substances	10225
that are not controlled substances in a manner, or is possessed or	10226
cultivated under any other circumstances that indicate that the	10227
marihuana was solely for personal use.	10228

Notwithstanding any contrary provision of division (F) of	10229
this section, if, in accordance with section 2901.05 of the	10230
Revised Code, a person who is charged with a violation of illegal	10231
cultivation of marihuana that is a felony of the fifth degree	10232
sustains the burden of going forward with evidence of and	10233
establishes by a preponderance of the evidence the affirmative	10234
defense described in this division, the person may be prosecuted	10235
for and may be convicted of or plead guilty to a misdemeanor	10236
violation of illegal cultivation of marihuana.	10237

(G) Arrest or conviction for a minor misdemeanor violation of	10238
this section does not constitute a criminal record and need not be	10239
reported by the person so arrested or convicted in response to any	10240
inquiries about the person's criminal record, including any	10241
inquiries contained in an application for employment, a license,	10242
or any other right or privilege or made in connection with the	10243
person's appearance as a witness.	10244

Sec. 2925.041.  (A) No person shall knowingly assemble or	10245
possess one or more chemicals that may be used to manufacture a	10246
controlled substance in schedule I or II with the intent to	10247
manufacture a controlled substance in schedule I or II in	10248
violation of section 2925.04 of the Revised Code.	10249

(B) In a prosecution under this section, it is not necessary	10250
to allege or prove that the offender assembled or possessed all	10251
chemicals necessary to manufacture a controlled substance in	10252
schedule I or II. The assembly or possession of a single chemical	10253
that may be used in the manufacture of a controlled substance in	10254
schedule I or II, with the intent to manufacture a controlled	10255
substance in either schedule, is sufficient to violate this	10256
section.	10257

(C) Whoever violates this section is guilty of illegal	10258
assembly or possession of chemicals for the manufacture of drugs.	10259
Except as otherwise provided in this division, illegal assembly or	10260
possession of chemicals for the manufacture of drugs is a felony	10261
of the third degree, and, except as otherwise provided in division	10262
(C)(1) or (2) of this section, division (C) of section 2929.13 of	10263
the Revised Code applies in determining whether to impose a prison	10264
term on the offender. If the offense was committed in the vicinity	10265
of a juvenile or in the vicinity of a school, illegal assembly or	10266
possession of chemicals for the manufacture of drugs is a felony	10267
of the second degree, and, except as otherwise provided in	10268
division (C)(1) or (2) of this section, division (C) of section	10269
2929.13 of the Revised Code applies in determining whether to	10270
impose a prison term on the offender. If the violation of division	10271
(A) of this section is a felony of the third degree under this	10272
division and if the chemical or chemicals assembled or possessed	10273
in violation of division (A) of this section may be used to	10274
manufacture methamphetamine, there either is a presumption for a	10275
prison term for the offense or the court shall impose a mandatory	10276
prison term on the offender, determined as follows:	10277

(1) If the violation of division (A) of this section is a	10278
felony of the third degree under division (C) of this section and	10279
the chemical or chemicals assembled or possessed in committing the	10280
violation may be used to manufacture methamphetamineExcept as	10281
otherwise provided in this division, there is a presumption for a	10282
prison term for the offense. If the offender two or more times	10283
previously has been convicted of or pleaded guilty to a felony	10284
drug abuse offense, except as otherwise provided in this division,	10285
the court shall impose as a mandatory prison term one of the	10286
prison terms prescribed for a felony of the third degree that is	10287
not less than two years. If the violation of division (A) of this	10288
section is a felony of the third degree under division (C) of this	10289
section, if the chemical or chemicals assembled or possessed in	10290
committing the violation may be used to manufacture	10291
methamphetamine, and if the offender two or more times previously	10292
has been convicted of or pleaded guilty to a felony drug abuse	10293
offense and if at least one of those previous convictions or	10294
guilty pleas was to a violation of division (A) of this section, a	10295
violation of division (B)(6) of section 2919.22 of the Revised	10296
Code, or a violation of division (A) of section 2925.04 of the	10297
Revised Code, the court shall impose as a mandatory prison term	10298
one of the prison terms prescribed for a felony of the third	10299
degree that is not less than five years.	10300

(2) If the violation of division (A) of this section is a	10301
felony of the second degree under division (C) of this section and	10302
the chemical or chemicals assembled or possessed in committing the	10303
violation may be used to manufacture methamphetamine, the court	10304
shall impose as a mandatory prison term one of the prison terms	10305
prescribed for a felony of the second degree that is not less than	10306
three years. If the violation of division (A) of this section is a	10307
felony of the second degree under division (C) of this section, if	10308
the chemical or chemicals assembled or possessed in committing the	10309
violation may be used to manufacture methamphetamine, and if the	10310
offender previously has been convicted of or pleaded guilty to a	10311
violation of division (A) of this section, a violation of division	10312
(B)(6) of section 2919.22 of the Revised Code, or a violation of	10313
division (A) of section 2925.04 of the Revised Code, the court	10314
shall impose as a mandatory prison term one of the prison terms	10315
prescribed for a felony of the second degree that is not less than	10316
five years.	10317

(D) In addition to any prison term authorized by division (C)	10318
of this section and sections 2929.13 and 2929.14 of the Revised	10319
Code and in addition to any other sanction imposed for the offense	10320
under this section or sections 2929.11 to 2929.18 of the Revised	10321
Code, the court that sentences an offender who is convicted of or	10322
pleads guilty to a violation of this section shall do all of the	10323
following that are applicable regarding the offender:	10324

(1) The court shall impose upon the offender the mandatory	10325
fine specified for the offense under division (B)(1) of section	10326
2929.18 of the Revised Code unless, as specified in that division,	10327
the court determines that the offender is indigent. The clerk of	10328
the court shall pay a mandatory fine or other fine imposed for a	10329
violation of this section under division (A) of section 2929.18 of	10330
the Revised Code in accordance with and subject to the	10331
requirements of division (F) of section 2925.03 of the Revised	10332
Code. The agency that receives the fine shall use the fine as	10333
specified in division (F) of section 2925.03 of the Revised Code.	10334
If a person charged with a violation of this section posts bail	10335
and forfeits the bail, the clerk shall pay the forfeited bail as	10336
if the forfeited bail were a fine imposed for a violation of this	10337
section.	10338

(2) The court shall revoke or suspend the offender's driver's	10339
or commercial driver's license or permit in accordance with	10340
division (G) of section 2925.03 of the Revised Code. If an	10341
offender's driver's or commercial driver's license or permit is	10342
revoked in accordance with that division, the offender may request	10343
termination of, and the court may terminate, the revocation in	10344
accordance with that division.	10345

(3) If the offender is a professionally licensed person or a	10346
person who has been admitted to the bar by order of the supreme	10347
court in compliance with its prescribed and published rules, the	10348
court shall comply with section 2925.38 of the Revised Code.	10349

Sec. 2925.05.  (A) No person shall knowingly provide money or	10350
other items of value to another person with the purpose that the	10351
recipient of the money or items of value use them to obtain any	10352
controlled substance for the purpose of violating section 2925.04	10353
of the Revised Code or for the purpose of selling or offering to	10354
sell the controlled substance in the following amount:	10355

(1) If the drug to be sold or offered for sale is any	10356
compound, mixture, preparation, or substance included in schedule	10357
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	10358
and hashish, or schedule III, IV, or V, an amount of the drug that	10359
equals or exceeds the bulk amount of the drug;	10360

(2) If the drug to be sold or offered for sale is marihuana	10361
or a compound, mixture, preparation, or substance other than	10362
hashish containing marihuana, an amount of the marihuana that	10363
equals or exceeds two hundred grams;	10364

(3) If the drug to be sold or offered for sale is cocaine or	10365
a compound, mixture, preparation, or substance containing cocaine,	10366
an amount of the cocaine that equals or exceeds five grams if the	10367
cocaine is not crack cocaine or equals or exceeds one gram if the	10368
cocaine is crack cocaine;	10369

(4) If the drug to be sold or offered for sale is L.S.D. or a	10370
compound, mixture, preparation, or substance containing L.S.D., an	10371
amount of the L.S.D. that equals or exceeds ten unit doses if the	10372
L.S.D. is in a solid form or equals or exceeds one gram if the	10373
L.S.D. is in a liquid concentrate, liquid extract, or liquid	10374
distillate form;	10375

(5) If the drug to be sold or offered for sale is heroin or a	10376
compound, mixture, preparation, or substance containing heroin, an	10377
amount of the heroin that equals or exceeds ten unit doses or	10378
equals or exceeds one gram;	10379

(6) If the drug to be sold or offered for sale is hashish or	10380
a compound, mixture, preparation, or substance containing hashish,	10381
an amount of the hashish that equals or exceeds ten grams if the	10382
hashish is in a solid form or equals or exceeds two grams if the	10383
hashish is in a liquid concentrate, liquid extract, or liquid	10384
distillate form.	10385

(B) This section does not apply to any person listed in	10386
division (B)(1), (2), or (3) of section 2925.03 of the Revised	10387
Code to the extent and under the circumstances described in those	10388
divisions.	10389

(C)(1) If the drug involved in the violation is any compound,	10390
mixture, preparation, or substance included in schedule I or II,	10391
with the exception of marihuana, whoever violates division (A) of	10392
this section is guilty of aggravated funding of drug trafficking,	10393
a felony of the first degree, and, subject to division (E) of this	10394
section, the court shall impose as a mandatory prison term one of	10395
the prison terms prescribed for a felony of the first degree.	10396

(2) If the drug involved in the violation is any compound,	10397
mixture, preparation, or substance included in schedule III, IV,	10398
or V, whoever violates division (A) of this section is guilty of	10399
funding of drug trafficking, a felony of the second degree, and	10400
the court shall impose as a mandatory prison term one of the	10401
prison terms prescribed for a felony of the second degree.	10402

(3) If the drug involved in the violation is marihuana,	10403
whoever violates division (A) of this section is guilty of funding	10404
of marihuana trafficking, a felony of the third degree, and,	10405
except as otherwise provided in this division, there is a	10406
presumption for a prison term for the offense. If funding of	10407
marihuana trafficking is a felony of the third degree under this	10408
division and if the offender two or more times previously has been	10409
convicted of or pleaded guilty to a felony drug abuse offense, the	10410
court shall impose as a mandatory prison term one of the prison	10411
terms prescribed for a felony of the third degree.	10412

(D) In addition to any prison term authorized or required by	10413
division (C) or (E) of this section and sections 2929.13 and	10414
2929.14 of the Revised Code and in addition to any other sanction	10415
imposed for the offense under this section or sections 2929.11 to	10416
2929.18 of the Revised Code, the court that sentences an offender	10417
who is convicted of or pleads guilty to a violation of division	10418
(A) of this section shall do all of the following that are	10419
applicable regarding the offender:	10420

(1) The court shall impose the mandatory fine specified for	10421
the offense under division (B)(1) of section 2929.18 of the	10422
Revised Code unless, as specified in that division, the court	10423
determines that the offender is indigent. The clerk of the court	10424
shall pay a mandatory fine or other fine imposed for a violation	10425
of this section pursuant to division (A) of section 2929.18 of the	10426
Revised Code in accordance with and subject to the requirements of	10427
division (F) of section 2925.03 of the Revised Code. The agency	10428
that receives the fine shall use the fine in accordance with	10429
division (F) of section 2925.03 of the Revised Code. If a person	10430
is charged with a violation of this section, posts bail, and	10431
forfeits the bail, the forfeited bail shall be paid as if the	10432
forfeited bail were a fine imposed for a violation of this	10433
section.	10434

(2) The court shall suspend the offender's driver's or	10435
commercial driver's license or permit in accordance with division	10436
(G) of section 2925.03 of the Revised Code. If an offender's	10437
driver's or commercial driver's license or permit is suspended in	10438
accordance with that division, the offender may request	10439
termination of, and the court may terminate, the suspension in	10440
accordance with that division.	10441

(3) If the offender is a professionally licensed person, the	10442
court immediately shall comply with section 2925.38 of the Revised	10443
Code.	10444

(E) Notwithstanding the prison term otherwise authorized or	10445
required for the offense under division (C) of this section and	10446
sections 2929.13 and 2929.14 of the Revised Code, if the violation	10447
of division (A) of this section involves the sale, offer to sell,	10448
or possession of a schedule I or II controlled substance, with the	10449
exception of marihuana, and if the court imposing sentence upon	10450
the offender finds that the offender as a result of the violation	10451
is a major drug offender and is guilty of a specification of the	10452
type described in section 2941.1410 of the Revised Code, the	10453
court, in lieu of the prison term otherwise authorized or	10454
required, shall impose upon the offender the mandatory prison term	10455
specified in division (D)(B)(3)(a) of section 2929.14 of the	10456
Revised Code and may impose an additional prison term under	10457
division (D)(3)(b) of that section.	10458

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	10459
or use a controlled substance.	10460

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

10461

(1) Manufacturers, licensed health professionals authorized	10462
to prescribe drugs, pharmacists, owners of pharmacies, and other	10463
persons whose conduct was in accordance with Chapters 3719.,	10464
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	10465

(2) If the offense involves an anabolic steroid, any person	10466
who is conducting or participating in a research project involving	10467
the use of an anabolic steroid if the project has been approved by	10468
the United States food and drug administration;	10469

(3) Any person who sells, offers for sale, prescribes,	10470
dispenses, or administers for livestock or other nonhuman species	10471
an anabolic steroid that is expressly intended for administration	10472
through implants to livestock or other nonhuman species and	10473
approved for that purpose under the "Federal Food, Drug, and	10474
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	10475
and is sold, offered for sale, prescribed, dispensed, or	10476
administered for that purpose in accordance with that act;	10477

(4) Any person who obtained the controlled substance pursuant	10478
to a lawful prescription issued by a licensed health professional	10479
authorized to prescribe drugs.	10480

(C) Whoever violates division (A) of this section is guilty	10481
of one of the following:	10482

(1) If the drug involved in the violation is a compound,	10483
mixture, preparation, or substance included in schedule I or II,	10484
with the exception of marihuana, cocaine, L.S.D., heroin, and	10485
hashish, whoever violates division (A) of this section is guilty	10486
of aggravated possession of drugs. The penalty for the offense	10487
shall be determined as follows:	10488

(a) Except as otherwise provided in division (C)(1)(b), (c),	10489
(d), or (e) of this section, aggravated possession of drugs is a	10490
felony of the fifth degree, and division (B) of section 2929.13 of	10491
the Revised Code applies in determining whether to impose a prison	10492
term on the offender.	10493

(b) If the amount of the drug involved equals or exceeds the	10494
bulk amount but is less than five times the bulk amount,	10495
aggravated possession of drugs is a felony of the third degree,	10496
and there is a presumption for a prison term for the offense.	10497

(c) If the amount of the drug involved equals or exceeds five	10498
times the bulk amount but is less than fifty times the bulk	10499
amount, aggravated possession of drugs is a felony of the second	10500
degree, and the court shall impose as a mandatory prison term one	10501
of the prison terms prescribed for a felony of the second degree.	10502

(d) If the amount of the drug involved equals or exceeds	10503
fifty times the bulk amount but is less than one hundred times the	10504
bulk amount, aggravated possession of drugs is a felony of the	10505
first degree, and the court shall impose as a mandatory prison	10506
term one of the prison terms prescribed for a felony of the first	10507
degree.	10508

(e) If the amount of the drug involved equals or exceeds one	10509
hundred times the bulk amount, aggravated possession of drugs is a	10510
felony of the first degree, the offender is a major drug offender,	10511
and the court shall impose as a mandatory prison term the maximum	10512
prison term prescribed for a felony of the first degree and may	10513
impose an additional mandatory prison term prescribed for a major	10514
drug offender under division (D)(3)(b) of section 2929.14 of the	10515
Revised Code.	10516

(2) If the drug involved in the violation is a compound,	10517
mixture, preparation, or substance included in schedule III, IV,	10518
or V, whoever violates division (A) of this section is guilty of	10519
possession of drugs. The penalty for the offense shall be	10520
determined as follows:	10521

(a) Except as otherwise provided in division (C)(2)(b), (c),	10522
or (d) of this section, possession of drugs is a misdemeanor of	10523
the first degree or, if the offender previously has been convicted	10524
of a drug abuse offense, a felony of the fifth degree.	10525

(b) If the amount of the drug involved equals or exceeds the	10526
bulk amount but is less than five times the bulk amount,	10527
possession of drugs is a felony of the fourth degree, and division	10528
(C) of section 2929.13 of the Revised Code applies in determining	10529
whether to impose a prison term on the offender.	10530

(c) If the amount of the drug involved equals or exceeds five	10531
times the bulk amount but is less than fifty times the bulk	10532
amount, possession of drugs is a felony of the third degree, and	10533
there is a presumption for a prison term for the offense.	10534

(d) If the amount of the drug involved equals or exceeds	10535
fifty times the bulk amount, possession of drugs is a felony of	10536
the second degree, and the court shall impose upon the offender as	10537
a mandatory prison term one of the prison terms prescribed for a	10538
felony of the second degree.	10539

(3) If the drug involved in the violation is marihuana or a	10540
compound, mixture, preparation, or substance containing marihuana	10541
other than hashish, whoever violates division (A) of this section	10542
is guilty of possession of marihuana. The penalty for the offense	10543
shall be determined as follows:	10544

(a) Except as otherwise provided in division (C)(3)(b), (c),	10545
(d), (e), or (f), or (g) of this section, possession of marihuana	10546
is a minor misdemeanor.	10547

(b) If the amount of the drug involved equals or exceeds one	10548
hundred grams but is less than two hundred grams, possession of	10549
marihuana is a misdemeanor of the fourth degree.	10550

(c) If the amount of the drug involved equals or exceeds two	10551
hundred grams but is less than one thousand grams, possession of	10552
marihuana is a felony of the fifth degree, and division (B) of	10553
section 2929.13 of the Revised Code applies in determining whether	10554
to impose a prison term on the offender.	10555

(d) If the amount of the drug involved equals or exceeds one	10556
thousand grams but is less than five thousand grams, possession of	10557
marihuana is a felony of the third degree, and division (C) of	10558
section 2929.13 of the Revised Code applies in determining whether	10559
to impose a prison term on the offender.	10560

(e) If the amount of the drug involved equals or exceeds five	10561
thousand grams but is less than twenty thousand grams, possession	10562
of marihuana is a felony of the third degree, and there is a	10563
presumption that a prison term shall be imposed for the offense.	10564

(f) If the amount of the drug involved equals or exceeds	10565
twenty thousand grams but is less than forty thousand grams,	10566
possession of marihuana is a felony of the second degree, and the	10567
court shall impose a mandatory prison term of five, six, seven, or	10568
eight years.	10569

(g) If the amount of the drug involved equals or exceeds	10570
forty thousand grams, possession of marihuana is a felony of the	10571
second degree, and the court shall impose as a mandatory prison	10572
term the maximum prison term prescribed for a felony of the second	10573
degree.	10574

(4) If the drug involved in the violation is cocaine or a	10575
compound, mixture, preparation, or substance containing cocaine,	10576
whoever violates division (A) of this section is guilty of	10577
possession of cocaine. The penalty for the offense shall be	10578
determined as follows:	10579

(a) Except as otherwise provided in division (C)(4)(b), (c),	10580
(d), (e), or (f) of this section, possession of cocaine is a	10581
felony of the fifth degree, and division (B) of section 2929.13 of	10582
the Revised Code applies in determining whether to impose a prison	10583
term on the offender.	10584

(b) If the amount of the drug involved equals or exceeds five	10585
grams but is less than twenty-fiveten grams of cocaine that is	10586
not crack cocaine or equals or exceeds one gram but is less than	10587
five grams of crack cocaine, possession of cocaine is a felony of	10588
the fourth degree, and there is a presumption for a prison term	10589
for the offensedivision (B) of section 2929.13 of the Revised	10590
Code applies in determining whether to impose a prison term on the	10591
offender.	10592

(c) If the amount of the drug involved equals or exceeds	10593
twenty-fiveten grams but is less than one hundredtwenty grams of	10594
cocaine that is not crack cocaine or equals or exceeds five grams	10595
but is less than ten grams of crack cocaine, possession of cocaine	10596
is a felony of the third degree, and, except as otherwise provided	10597
in this division, there is a presumption for a prison term for the	10598
offense. If possession of cocaine is a felony of the third degree	10599
under this division and if the offender two or more times	10600
previously has been convicted of or pleaded guilty to a felony	10601
drug abuse offense, the court shall impose as a mandatory prison	10602
term one of the prison terms prescribed for a felony of the third	10603
degree.	10604

(d) If the amount of the drug involved equals or exceeds one	10605
hundredtwenty grams but is less than five hundredtwenty-seven	10606
grams of cocaine that is not crack cocaine or equals or exceeds	10607
ten grams but is less than twenty-five grams of crack cocaine,	10608
possession of cocaine is a felony of the second degree, and the	10609
court shall impose as a mandatory prison term one of the prison	10610
terms prescribed for a felony of the second degree.	10611

(e) If the amount of the drug involved equals or exceeds five	10612
hundredtwenty-seven grams but is less than one thousandhundred	10613
grams of cocaine that is not crack cocaine or equals or exceeds	10614
twenty-five grams but is less than one hundred grams of crack	10615
cocaine, possession of cocaine is a felony of the first degree,	10616
and the court shall impose as a mandatory prison term one of the	10617
prison terms prescribed for a felony of the first degree.	10618

(f) If the amount of the drug involved equals or exceeds one	10619
thousandhundred grams of cocaine that is not crack cocaine or	10620
equals or exceeds one hundred grams of crack cocaine, possession	10621
of cocaine is a felony of the first degree, the offender is a	10622
major drug offender, and the court shall impose as a mandatory	10623
prison term the maximum prison term prescribed for a felony of the	10624
first degree and may impose an additional mandatory prison term	10625
prescribed for a major drug offender under division (D)(3)(b) of	10626
section 2929.14 of the Revised Code.	10627

(5) If the drug involved in the violation is L.S.D., whoever	10628
violates division (A) of this section is guilty of possession of	10629
L.S.D. The penalty for the offense shall be determined as follows:	10630

(a) Except as otherwise provided in division (C)(5)(b), (c),	10631
(d), (e), or (f) of this section, possession of L.S.D. is a felony	10632
of the fifth degree, and division (B) of section 2929.13 of the	10633
Revised Code applies in determining whether to impose a prison	10634
term on the offender.	10635

(b) If the amount of L.S.D. involved equals or exceeds ten	10636
unit doses but is less than fifty unit doses of L.S.D. in a solid	10637
form or equals or exceeds one gram but is less than five grams of	10638
L.S.D. in a liquid concentrate, liquid extract, or liquid	10639
distillate form, possession of L.S.D. is a felony of the fourth	10640
degree, and division (C) of section 2929.13 of the Revised Code	10641
applies in determining whether to impose a prison term on the	10642
offender.	10643

(c) If the amount of L.S.D. involved equals or exceeds fifty	10644
unit doses, but is less than two hundred fifty unit doses of	10645
L.S.D. in a solid form or equals or exceeds five grams but is less	10646
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	10647
extract, or liquid distillate form, possession of L.S.D. is a	10648
felony of the third degree, and there is a presumption for a	10649
prison term for the offense.	10650

(d) If the amount of L.S.D. involved equals or exceeds two	10651
hundred fifty unit doses but is less than one thousand unit doses	10652
of L.S.D. in a solid form or equals or exceeds twenty-five grams	10653
but is less than one hundred grams of L.S.D. in a liquid	10654
concentrate, liquid extract, or liquid distillate form, possession	10655
of L.S.D. is a felony of the second degree, and the court shall	10656
impose as a mandatory prison term one of the prison terms	10657
prescribed for a felony of the second degree.	10658

(e) If the amount of L.S.D. involved equals or exceeds one	10659
thousand unit doses but is less than five thousand unit doses of	10660
L.S.D. in a solid form or equals or exceeds one hundred grams but	10661
is less than five hundred grams of L.S.D. in a liquid concentrate,	10662
liquid extract, or liquid distillate form, possession of L.S.D. is	10663
a felony of the first degree, and the court shall impose as a	10664
mandatory prison term one of the prison terms prescribed for a	10665
felony of the first degree.	10666

(f) If the amount of L.S.D. involved equals or exceeds five	10667
thousand unit doses of L.S.D. in a solid form or equals or exceeds	10668
five hundred grams of L.S.D. in a liquid concentrate, liquid	10669
extract, or liquid distillate form, possession of L.S.D. is a	10670
felony of the first degree, the offender is a major drug offender,	10671
and the court shall impose as a mandatory prison term the maximum	10672
prison term prescribed for a felony of the first degree and may	10673
impose an additional mandatory prison term prescribed for a major	10674
drug offender under division (D)(3)(b) of section 2929.14 of the	10675
Revised Code.	10676

(6) If the drug involved in the violation is heroin or a	10677
compound, mixture, preparation, or substance containing heroin,	10678
whoever violates division (A) of this section is guilty of	10679
possession of heroin. The penalty for the offense shall be	10680
determined as follows:	10681

(a) Except as otherwise provided in division (C)(6)(b), (c),	10682
(d), (e), or (f) of this section, possession of heroin is a felony	10683
of the fifth degree, and division (B) of section 2929.13 of the	10684
Revised Code applies in determining whether to impose a prison	10685
term on the offender.	10686

(b) If the amount of the drug involved equals or exceeds ten	10687
unit doses but is less than fifty unit doses or equals or exceeds	10688
one gram but is less than five grams, possession of heroin is a	10689
felony of the fourth degree, and division (C) of section 2929.13	10690
of the Revised Code applies in determining whether to impose a	10691
prison term on the offender.	10692

(c) If the amount of the drug involved equals or exceeds	10693
fifty unit doses but is less than one hundred unit doses or equals	10694
or exceeds five grams but is less than ten grams, possession of	10695
heroin is a felony of the third degree, and there is a presumption	10696
for a prison term for the offense.	10697

(d) If the amount of the drug involved equals or exceeds one	10698
hundred unit doses but is less than five hundred unit doses or	10699
equals or exceeds ten grams but is less than fifty grams,	10700
possession of heroin is a felony of the second degree, and the	10701
court shall impose as a mandatory prison term one of the prison	10702
terms prescribed for a felony of the second degree.	10703

(e) If the amount of the drug involved equals or exceeds five	10704
hundred unit doses but is less than two thousand five hundred unit	10705
doses or equals or exceeds fifty grams but is less than two	10706
hundred fifty grams, possession of heroin is a felony of the first	10707
degree, and the court shall impose as a mandatory prison term one	10708
of the prison terms prescribed for a felony of the first degree.	10709

(f) If the amount of the drug involved equals or exceeds two	10710
thousand five hundred unit doses or equals or exceeds two hundred	10711
fifty grams, possession of heroin is a felony of the first degree,	10712
the offender is a major drug offender, and the court shall impose	10713
as a mandatory prison term the maximum prison term prescribed for	10714
a felony of the first degree and may impose an additional	10715
mandatory prison term prescribed for a major drug offender under	10716
division (D)(3)(b) of section 2929.14 of the Revised Code.	10717

(7) If the drug involved in the violation is hashish or a	10718
compound, mixture, preparation, or substance containing hashish,	10719
whoever violates division (A) of this section is guilty of	10720
possession of hashish. The penalty for the offense shall be	10721
determined as follows:	10722

(a) Except as otherwise provided in division (C)(7)(b), (c),	10723
(d), (e), or (f), or (g) of this section, possession of hashish is	10724
a minor misdemeanor.	10725

(b) If the amount of the drug involved equals or exceeds five	10726
grams but is less than ten grams of hashish in a solid form or	10727
equals or exceeds one gram but is less than two grams of hashish	10728
in a liquid concentrate, liquid extract, or liquid distillate	10729
form, possession of hashish is a misdemeanor of the fourth degree.	10730

(c) If the amount of the drug involved equals or exceeds ten	10731
grams but is less than fifty grams of hashish in a solid form or	10732
equals or exceeds two grams but is less than ten grams of hashish	10733
in a liquid concentrate, liquid extract, or liquid distillate	10734
form, possession of hashish is a felony of the fifth degree, and	10735
division (B) of section 2929.13 of the Revised Code applies in	10736
determining whether to impose a prison term on the offender.	10737

(d) If the amount of the drug involved equals or exceeds	10738
fifty grams but is less than two hundred fifty grams of hashish in	10739
a solid form or equals or exceeds ten grams but is less than fifty	10740
grams of hashish in a liquid concentrate, liquid extract, or	10741
liquid distillate form, possession of hashish is a felony of the	10742
third degree, and division (C) of section 2929.13 of the Revised	10743
Code applies in determining whether to impose a prison term on the	10744
offender.	10745

(e) If the amount of the drug involved equals or exceeds two	10746
hundred fifty grams but is less than one thousand grams of hashish	10747
in a solid form or equals or exceeds fifty grams but is less than	10748
two hundred grams of hashish in a liquid concentrate, liquid	10749
extract, or liquid distillate form, possession of hashish is a	10750
felony of the third degree, and there is a presumption that a	10751
prison term shall be imposed for the offense.	10752

(f) If the amount of the drug involved equals or exceeds one	10753
thousand grams but is less than two thousand grams of hashish in a	10754
solid form or equals or exceeds two hundred grams but is less than	10755
four hundred grams of hashish in a liquid concentrate, liquid	10756
extract, or liquid distillate form, possession of hashish is a	10757
felony of the second degree, and the court shall impose a	10758
mandatory prison term of five, six, seven, or eight years.	10759

(g) If the amount of the drug involved equals or exceeds two	10760
thousand grams of hashish in a solid form or equals or exceeds	10761
four hundred grams of hashish in a liquid concentrate, liquid	10762
extract, or liquid distillate form, possession of hashish is a	10763
felony of the second degree, and the court shall impose as a	10764
mandatory prison term the maximum prison term prescribed for a	10765
felony of the second degree.	10766

(D) Arrest or conviction for a minor misdemeanor violation of	10767
this section does not constitute a criminal record and need not be	10768
reported by the person so arrested or convicted in response to any	10769
inquiries about the person's criminal record, including any	10770
inquiries contained in any application for employment, license, or	10771
other right or privilege, or made in connection with the person's	10772
appearance as a witness.	10773

(E) In addition to any prison term or jail term authorized or	10774
required by division (C) of this section and sections 2929.13,	10775
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	10776
addition to any other sanction that is imposed for the offense	10777
under this section, sections 2929.11 to 2929.18, or sections	10778
2929.21 to 2929.28 of the Revised Code, the court that sentences	10779
an offender who is convicted of or pleads guilty to a violation of	10780
division (A) of this section shall do all of the following that	10781
are applicable regarding the offender:	10782

(1)(a) If the violation is a felony of the first, second, or	10783
third degree, the court shall impose upon the offender the	10784
mandatory fine specified for the offense under division (B)(1) of	10785
section 2929.18 of the Revised Code unless, as specified in that	10786
division, the court determines that the offender is indigent.	10787

(b) Notwithstanding any contrary provision of section 3719.21	10788
of the Revised Code, the clerk of the court shall pay a mandatory	10789
fine or other fine imposed for a violation of this section	10790
pursuant to division (A) of section 2929.18 of the Revised Code in	10791
accordance with and subject to the requirements of division (F) of	10792
section 2925.03 of the Revised Code. The agency that receives the	10793
fine shall use the fine as specified in division (F) of section	10794
2925.03 of the Revised Code.	10795

(c) If a person is charged with a violation of this section	10796
that is a felony of the first, second, or third degree, posts	10797
bail, and forfeits the bail, the clerk shall pay the forfeited	10798
bail pursuant to division (E)(1)(b) of this section as if it were	10799
a mandatory fine imposed under division (E)(1)(a) of this section.	10800

(2) The court shall suspend for not less than six months or	10801
more than five years the offender's driver's or commercial	10802
driver's license or permit.	10803

(3) If the offender is a professionally licensed person, in	10804
addition to any other sanction imposed for a violation of this	10805
section, the court immediately shall comply with section 2925.38	10806
of the Revised Code.	10807

(F) It is an affirmative defense, as provided in section	10808
2901.05 of the Revised Code, to a charge of a fourth degree felony	10809
violation under this section that the controlled substance that	10810
gave rise to the charge is in an amount, is in a form, is	10811
prepared, compounded, or mixed with substances that are not	10812
controlled substances in a manner, or is possessed under any other	10813
circumstances, that indicate that the substance was possessed	10814
solely for personal use. Notwithstanding any contrary provision of	10815
this section, if, in accordance with section 2901.05 of the	10816
Revised Code, an accused who is charged with a fourth degree	10817
felony violation of division (C)(2), (4), (5), or (6) of this	10818
section sustains the burden of going forward with evidence of and	10819
establishes by a preponderance of the evidence the affirmative	10820
defense described in this division, the accused may be prosecuted	10821
for and may plead guilty to or be convicted of a misdemeanor	10822
violation of division (C)(2) of this section or a fifth degree	10823
felony violation of division (C)(4), (5), or (6) of this section	10824
respectively.	10825

(G) When a person is charged with possessing a bulk amount or	10826
multiple of a bulk amount, division (E) of section 2925.03 of the	10827
Revised Code applies regarding the determination of the amount of	10828
the controlled substance involved at the time of the offense.	10829

Sec. 2925.36.  (A) No person shall knowingly furnish another	10830
a sample drug.	10831

(B) Division (A) of this section does not apply to	10832
manufacturers, wholesalers, pharmacists, owners of pharmacies,	10833
licensed health professionals authorized to prescribe drugs, and	10834
other persons whose conduct is in accordance with Chapters 3719.,	10835
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised	10836
Code.	10837

(C)(1) Whoever violates this section is guilty of illegal	10838
dispensing of drug samples.	10839

(2) If the drug involved in the offense is a compound,	10840
mixture, preparation, or substance included in schedule I or II,	10841
with the exception of marihuana, the penalty for the offense shall	10842
be determined as follows:	10843

(a) Except as otherwise provided in division (C)(2)(b) of	10844
this section, illegal dispensing of drug samples is a felony of	10845
the fifth degree, and, subject to division (E) of this section,	10846
division (C) of section 2929.13 of the Revised Code applies in	10847
determining whether to impose a prison term on the offender.	10848

(b) If the offense was committed in the vicinity of a school	10849
or in the vicinity of a juvenile, illegal dispensing of drug	10850
samples is a felony of the fourth degree, and, subject to division	10851
(E) of this section, division (C) of section 2929.13 of the	10852
Revised Code applies in determining whether to impose a prison	10853
term on the offender.	10854

(3) If the drug involved in the offense is a dangerous drug	10855
or a compound, mixture, preparation, or substance included in	10856
schedule III, IV, or V, or is marihuana, the penalty for the	10857
offense shall be determined as follows:	10858

(a) Except as otherwise provided in division (C)(3)(b) of	10859
this section, illegal dispensing of drug samples is a misdemeanor	10860
of the second degree.	10861

(b) If the offense was committed in the vicinity of a school	10862
or in the vicinity of a juvenile, illegal dispensing of drug	10863
samples is a misdemeanor of the first degree.	10864

(D) In addition to any prison term authorized or required by	10865
division (C) or (E) of this section and sections 2929.13 and	10866
2929.14 of the Revised Code and in addition to any other sanction	10867
imposed for the offense under this section or sections 2929.11 to	10868
2929.18 of the Revised Code, the court that sentences an offender	10869
who is convicted of or pleads guilty to a violation of division	10870
(A) of this section shall do both of the following:	10871

(1) The court shall suspend for not less than six months or	10872
more than five years the offender's driver's or commercial	10873
driver's license or permit.	10874

(2) If the offender is a professionally licensed person, in	10875
addition to any other sanction imposed for a violation of this	10876
section, the court immediately shall comply with section 2925.38	10877
of the Revised Code.	10878

(E) Notwithstanding the prison term authorized or required by	10879
division (C) of this section and sections 2929.13 and 2929.14 of	10880
the Revised Code, if the violation of division (A) of this section	10881
involves the sale, offer to sell, or possession of a schedule I or	10882
II controlled substance, with the exception of marihuana, and if	10883
the court imposing sentence upon the offender finds that the	10884
offender as a result of the violation is a major drug offender and	10885
is guilty of a specification of the type described in section	10886
2941.1410 of the Revised Code, the court, in lieu of the prison	10887
term otherwise authorized or required, shall impose upon the	10888
offender the mandatory prison term specified in division	10889
(D)(B)(3)(a) of section 2929.14 of the Revised Code and may impose	10890
an additional prison term under division (D)(3)(b) of that	10891
section.	10892

(F) Notwithstanding any contrary provision of section 3719.21	10893
of the Revised Code, the clerk of the court shall pay a fine	10894
imposed for a violation of this section pursuant to division (A)	10895
of section 2929.18 of the Revised Code in accordance with and	10896
subject to the requirements of division (F) of section 2925.03 of	10897
the Revised Code. The agency that receives the fine shall use the	10898
fine as specified in division (F) of section 2925.03 of the	10899
Revised Code.	10900

Sec. 2929.01.  As used in this chapter:

10901

(A)(1) "Alternative residential facility" means, subject to	10902
division (A)(2) of this section, any facility other than an	10903
offender's home or residence in which an offender is assigned to	10904
live and that satisfies all of the following criteria:	10905

(a) It provides programs through which the offender may seek	10906
or maintain employment or may receive education, training,	10907
treatment, or habilitation.	10908

(b) It has received the appropriate license or certificate	10909
for any specialized education, training, treatment, habilitation,	10910
or other service that it provides from the government agency that	10911
is responsible for licensing or certifying that type of education,	10912
training, treatment, habilitation, or service.	10913

(2) "Alternative residential facility" does not include a	10914
community-based correctional facility, jail, halfway house, or	10915
prison.	10916

(B) "Basic probation supervision" means a requirement that	10917
the offender maintain contact with a person appointed to supervise	10918
the offender in accordance with sanctions imposed by the court or	10919
imposed by the parole board pursuant to section 2967.28 of the	10920
Revised Code. "Basic probation supervision" includes basic parole	10921
supervision and basic post-release control supervision.	10922

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	10923
"unit dose" have the same meanings as in section 2925.01 of the	10924
Revised Code.	10925

(D) "Community-based correctional facility" means a	10926
community-based correctional facility and program or district	10927
community-based correctional facility and program developed	10928
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	10929

(E) "Community control sanction" means a sanction that is not	10930
a prison term and that is described in section 2929.15, 2929.16,	10931
2929.17, or 2929.18 of the Revised Code or a sanction that is not	10932
a jail term and that is described in section 2929.26, 2929.27, or	10933
2929.28 of the Revised Code. "Community control sanction" includes	10934
probation if the sentence involved was imposed for a felony that	10935
was committed prior to July 1, 1996, or if the sentence involved	10936
was imposed for a misdemeanor that was committed prior to January	10937
1, 2004.	10938

(F) "Controlled substance," "marihuana," "schedule I," and	10939
"schedule II" have the same meanings as in section 3719.01 of the	10940
Revised Code.	10941

(G) "Curfew" means a requirement that an offender during a	10942
specified period of time be at a designated place.	10943

(H) "Day reporting" means a sanction pursuant to which an	10944
offender is required each day to report to and leave a center or	10945
other approved reporting location at specified times in order to	10946
participate in work, education or training, treatment, and other	10947
approved programs at the center or outside the center.	10948

(I) "Deadly weapon" has the same meaning as in section	10949
2923.11 of the Revised Code.	10950

(J) "Drug and alcohol use monitoring" means a program under	10951
which an offender agrees to submit to random chemical analysis of	10952
the offender's blood, breath, or urine to determine whether the	10953
offender has ingested any alcohol or other drugs.	10954

(K) "Drug treatment program" means any program under which a	10955
person undergoes assessment and treatment designed to reduce or	10956
completely eliminate the person's physical or emotional reliance	10957
upon alcohol, another drug, or alcohol and another drug and under	10958
which the person may be required to receive assessment and	10959
treatment on an outpatient basis or may be required to reside at a	10960
facility other than the person's home or residence while	10961
undergoing assessment and treatment.	10962

(L) "Economic loss" means any economic detriment suffered by	10963
a victim as a direct and proximate result of the commission of an	10964
offense and includes any loss of income due to lost time at work	10965
because of any injury caused to the victim, and any property loss,	10966
medical cost, or funeral expense incurred as a result of the	10967
commission of the offense. "Economic loss" does not include	10968
non-economic loss or any punitive or exemplary damages.	10969

(M) "Education or training" includes study at, or in	10970
conjunction with a program offered by, a university, college, or	10971
technical college or vocational study and also includes the	10972
completion of primary school, secondary school, and literacy	10973
curricula or their equivalent.	10974

(N) "Firearm" has the same meaning as in section 2923.11 of	10975
the Revised Code.	10976

(O) "Halfway house" means a facility licensed by the division	10977
of parole and community services of the department of	10978
rehabilitation and correction pursuant to section 2967.14 of the	10979
Revised Code as a suitable facility for the care and treatment of	10980
adult offenders.	10981

(P) "House arrest" means a period of confinement of an	10982
offender that is in the offender's home or in other premises	10983
specified by the sentencing court or by the parole board pursuant	10984
to section 2967.28 of the Revised Code and during which all of the	10985
following apply:	10986

(1) The offender is required to remain in the offender's home	10987
or other specified premises for the specified period of	10988
confinement, except for periods of time during which the offender	10989
is at the offender's place of employment or at other premises as	10990
authorized by the sentencing court or by the parole board.	10991

(2) The offender is required to report periodically to a	10992
person designated by the court or parole board.	10993

(3) The offender is subject to any other restrictions and	10994
requirements that may be imposed by the sentencing court or by the	10995
parole board.	10996

(Q) "Intensive probation supervision" means a requirement	10997
that an offender maintain frequent contact with a person appointed	10998
by the court, or by the parole board pursuant to section 2967.28	10999
of the Revised Code, to supervise the offender while the offender	11000
is seeking or maintaining necessary employment and participating	11001
in training, education, and treatment programs as required in the	11002
court's or parole board's order. "Intensive probation supervision"	11003
includes intensive parole supervision and intensive post-release	11004
control supervision.	11005

(R) "Jail" means a jail, workhouse, minimum security jail, or	11006
other residential facility used for the confinement of alleged or	11007
convicted offenders that is operated by a political subdivision or	11008
a combination of political subdivisions of this state.	11009

(S) "Jail term" means the term in a jail that a sentencing	11010
court imposes or is authorized to impose pursuant to section	11011
2929.24 or 2929.25 of the Revised Code or pursuant to any other	11012
provision of the Revised Code that authorizes a term in a jail for	11013
a misdemeanor conviction.	11014

(T) "Mandatory jail term" means the term in a jail that a	11015
sentencing court is required to impose pursuant to division (G) of	11016
section 1547.99 of the Revised Code, division (E) of section	11017
2903.06 or division (D) of section 2903.08 of the Revised Code,	11018
division (E) or (G) of section 2929.24 of the Revised Code,	11019
division (B) of section 4510.14 of the Revised Code, or division	11020
(G) of section 4511.19 of the Revised Code or pursuant to any	11021
other provision of the Revised Code that requires a term in a jail	11022
for a misdemeanor conviction.	11023

(U) "Delinquent child" has the same meaning as in section	11024
2152.02 of the Revised Code.	11025

(V) "License violation report" means a report that is made by	11026
a sentencing court, or by the parole board pursuant to section	11027
2967.28 of the Revised Code, to the regulatory or licensing board	11028
or agency that issued an offender a professional license or a	11029
license or permit to do business in this state and that specifies	11030
that the offender has been convicted of or pleaded guilty to an	11031
offense that may violate the conditions under which the offender's	11032
professional license or license or permit to do business in this	11033
state was granted or an offense for which the offender's	11034
professional license or license or permit to do business in this	11035
state may be revoked or suspended.	11036

(W) "Major drug offender" means an offender who is convicted	11037
of or pleads guilty to the possession of, sale of, or offer to	11038
sell any drug, compound, mixture, preparation, or substance that	11039
consists of or contains at least one thousand grams of hashish; at	11040
least one hundred grams of crack cocaine; at least one thousand	11041
grams of cocaine that is not crack cocaine; at least two thousand	11042
five hundred unit doses or two hundred fifty grams of heroin; at	11043
least five thousand unit doses of L.S.D. or five hundred grams of	11044
L.S.D. in a liquid concentrate, liquid extract, or liquid	11045
distillate form; or at least one hundred times the amount of any	11046
other schedule I or II controlled substance other than marihuana	11047
that is necessary to commit a felony of the third degree pursuant	11048
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	11049
Code that is based on the possession of, sale of, or offer to sell	11050
the controlled substance.	11051

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

11052

(1) Subject to division (X)(2) of this section, the term in	11053
prison that must be imposed for the offenses or circumstances set	11054
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	11055
2929.13 and division (D)(B) of section 2929.14 of the Revised	11056
Code. Except as provided in sections 2925.02, 2925.03, 2925.04,	11057
2925.05, and 2925.11 of the Revised Code, unless the maximum or	11058
another specific term is required under section 2929.14 or	11059
2929.142 of the Revised Code, a mandatory prison term described in	11060
this division may be any prison term authorized for the level of	11061
offense.	11062

(2) The term of sixty or one hundred twenty days in prison	11063
that a sentencing court is required to impose for a third or	11064
fourth degree felony OVI offense pursuant to division (G)(2) of	11065
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	11066
of the Revised Code or the term of one, two, three, four, or five	11067
years in prison that a sentencing court is required to impose	11068
pursuant to division (G)(2) of section 2929.13 of the Revised	11069
Code.	11070

(3) The term in prison imposed pursuant to division (A) of	11071
section 2971.03 of the Revised Code for the offenses and in the	11072
circumstances described in division (F)(11) of section 2929.13 of	11073
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	11074
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	11075
2971.03 of the Revised Code and that term as modified or	11076
terminated pursuant to section 2971.05 of the Revised Code.	11077

(Y) "Monitored time" means a period of time during which an	11078
offender continues to be under the control of the sentencing court	11079
or parole board, subject to no conditions other than leading a	11080
law-abiding life.	11081

(Z) "Offender" means a person who, in this state, is	11082
convicted of or pleads guilty to a felony or a misdemeanor.	11083

(AA) "Prison" means a residential facility used for the	11084
confinement of convicted felony offenders that is under the	11085
control of the department of rehabilitation and correction but	11086
does not include a violation sanction center operated under	11087
authority of section 2967.141 of the Revised Code.	11088

(BB) "Prison term" includes either of the following sanctions	11089
for an offender:	11090

(1) A stated prison term;

11091

(2) A term in a prison shortened by, or with the approval of,	11092
the sentencing court pursuant to section 2929.143, 2929.20,	11093
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	11094

(CC) "Repeat violent offender" means a person about whom both	11095
of the following apply:	11096

(1) The person is being sentenced for committing or for	11097
complicity in committing any of the following:	11098

(a) Aggravated murder, murder, any felony of the first or	11099
second degree that is an offense of violence, or an attempt to	11100
commit any of these offenses if the attempt is a felony of the	11101
first or second degree;	11102

(b) An offense under an existing or former law of this state,	11103
another state, or the United States that is or was substantially	11104
equivalent to an offense described in division (CC)(1)(a) of this	11105
section.	11106

(2) The person previously was convicted of or pleaded guilty	11107
to an offense described in division (CC)(1)(a) or (b) of this	11108
section.	11109

(DD) "Sanction" means any penalty imposed upon an offender	11110
who is convicted of or pleads guilty to an offense, as punishment	11111
for the offense. "Sanction" includes any sanction imposed pursuant	11112
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	11113
2929.28 of the Revised Code.	11114

(EE) "Sentence" means the sanction or combination of	11115
sanctions imposed by the sentencing court on an offender who is	11116
convicted of or pleads guilty to an offense.	11117

(FF) "Stated prison term" means the prison term, mandatory	11118
prison term, or combination of all prison terms and mandatory	11119
prison terms imposed by the sentencing court pursuant to section	11120
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	11121
2919.25 of the Revised Code. "Stated prison term" includes any	11122
credit received by the offender for time spent in jail awaiting	11123
trial, sentencing, or transfer to prison for the offense and any	11124
time spent under house arrest or house arrest with electronic	11125
monitoring imposed after earning credits pursuant to section	11126
2967.193 of the Revised Code.	11127

(GG) "Victim-offender mediation" means a reconciliation or	11128
mediation program that involves an offender and the victim of the	11129
offense committed by the offender and that includes a meeting in	11130
which the offender and the victim may discuss the offense, discuss	11131
restitution, and consider other sanctions for the offense.	11132

(HH) "Fourth degree felony OVI offense" means a violation of	11133
division (A) of section 4511.19 of the Revised Code that, under	11134
division (G) of that section, is a felony of the fourth degree.	11135

(II) "Mandatory term of local incarceration" means the term	11136
of sixty or one hundred twenty days in a jail, a community-based	11137
correctional facility, a halfway house, or an alternative	11138
residential facility that a sentencing court may impose upon a	11139
person who is convicted of or pleads guilty to a fourth degree	11140
felony OVI offense pursuant to division (G)(1) of section 2929.13	11141
of the Revised Code and division (G)(1)(d) or (e) of section	11142
4511.19 of the Revised Code.	11143

(JJ) "Designated homicide, assault, or kidnapping offense,"	11144
"violent sex offense," "sexual motivation specification,"	11145
"sexually violent offense," "sexually violent predator," and	11146
"sexually violent predator specification" have the same meanings	11147
as in section 2971.01 of the Revised Code.	11148

(KK) "Sexually oriented offense," "child-victim oriented	11149
offense," and "tier III sex offender/child-victim offender," have	11150
the same meanings as in section 2950.01 of the Revised Code.	11151

(LL) An offense is "committed in the vicinity of a child" if	11152
the offender commits the offense within thirty feet of or within	11153
the same residential unit as a child who is under eighteen years	11154
of age, regardless of whether the offender knows the age of the	11155
child or whether the offender knows the offense is being committed	11156
within thirty feet of or within the same residential unit as the	11157
child and regardless of whether the child actually views the	11158
commission of the offense.	11159

(MM) "Family or household member" has the same meaning as in	11160
section 2919.25 of the Revised Code.	11161

(NN) "Motor vehicle" and "manufactured home" have the same	11162
meanings as in section 4501.01 of the Revised Code.	11163

(OO) "Detention" and "detention facility" have the same	11164
meanings as in section 2921.01 of the Revised Code.	11165

(PP) "Third degree felony OVI offense" means a violation of	11166
division (A) of section 4511.19 of the Revised Code that, under	11167
division (G) of that section, is a felony of the third degree.	11168

(QQ) "Random drug testing" has the same meaning as in section	11169
5120.63 of the Revised Code.	11170

(RR) "Felony sex offense" has the same meaning as in section	11171
2967.28 of the Revised Code.	11172

(SS) "Body armor" has the same meaning as in section	11173
2941.1411 of the Revised Code.	11174

(TT) "Electronic monitoring" means monitoring through the use	11175
of an electronic monitoring device.	11176

(UU) "Electronic monitoring device" means any of the	11177
following:	11178

(1) Any device that can be operated by electrical or battery	11179
power and that conforms with all of the following:	11180

(a) The device has a transmitter that can be attached to a	11181
person, that will transmit a specified signal to a receiver of the	11182
type described in division (UU)(1)(b) of this section if the	11183
transmitter is removed from the person, turned off, or altered in	11184
any manner without prior court approval in relation to electronic	11185
monitoring or without prior approval of the department of	11186
rehabilitation and correction in relation to the use of an	11187
electronic monitoring device for an inmate on transitional control	11188
or otherwise is tampered with, that can transmit continuously and	11189
periodically a signal to that receiver when the person is within a	11190
specified distance from the receiver, and that can transmit an	11191
appropriate signal to that receiver if the person to whom it is	11192
attached travels a specified distance from that receiver.	11193

(b) The device has a receiver that can receive continuously	11194
the signals transmitted by a transmitter of the type described in	11195
division (UU)(1)(a) of this section, can transmit continuously	11196
those signals by a wireless or landline telephone connection to a	11197
central monitoring computer of the type described in division	11198
(UU)(1)(c) of this section, and can transmit continuously an	11199
appropriate signal to that central monitoring computer if the	11200
device has been turned off or altered without prior court approval	11201
or otherwise tampered with. The device is designed specifically	11202
for use in electronic monitoring, is not a converted wireless	11203
phone or another tracking device that is clearly not designed for	11204
electronic monitoring, and provides a means of text-based or voice	11205
communication with the person.	11206

(c) The device has a central monitoring computer that can	11207
receive continuously the signals transmitted by a wireless or	11208
landline telephone connection by a receiver of the type described	11209
in division (UU)(1)(b) of this section and can monitor	11210
continuously the person to whom an electronic monitoring device of	11211
the type described in division (UU)(1)(a) of this section is	11212
attached.	11213

(2) Any device that is not a device of the type described in	11214
division (UU)(1) of this section and that conforms with all of the	11215
following:	11216

(a) The device includes a transmitter and receiver that can	11217
monitor and determine the location of a subject person at any	11218
time, or at a designated point in time, through the use of a	11219
central monitoring computer or through other electronic means.	11220

(b) The device includes a transmitter and receiver that can	11221
determine at any time, or at a designated point in time, through	11222
the use of a central monitoring computer or other electronic means	11223
the fact that the transmitter is turned off or altered in any	11224
manner without prior approval of the court in relation to the	11225
electronic monitoring or without prior approval of the department	11226
of rehabilitation and correction in relation to the use of an	11227
electronic monitoring device for an inmate on transitional control	11228
or otherwise is tampered with.	11229

(3) Any type of technology that can adequately track or	11230
determine the location of a subject person at any time and that is	11231
approved by the director of rehabilitation and correction,	11232
including, but not limited to, any satellite technology, voice	11233
tracking system, or retinal scanning system that is so approved.	11234

(VV) "Non-economic loss" means nonpecuniary harm suffered by	11235
a victim of an offense as a result of or related to the commission	11236
of the offense, including, but not limited to, pain and suffering;	11237
loss of society, consortium, companionship, care, assistance,	11238
attention, protection, advice, guidance, counsel, instruction,	11239
training, or education; mental anguish; and any other intangible	11240
loss.	11241

(WW) "Prosecutor" has the same meaning as in section 2935.01	11242
of the Revised Code.	11243

(XX) "Continuous alcohol monitoring" means the ability to	11244
automatically test and periodically transmit alcohol consumption	11245
levels and tamper attempts at least every hour, regardless of the	11246
location of the person who is being monitored.	11247

(YY) A person is "adjudicated a sexually violent predator" if	11248
the person is convicted of or pleads guilty to a violent sex	11249
offense and also is convicted of or pleads guilty to a sexually	11250
violent predator specification that was included in the	11251
indictment, count in the indictment, or information charging that	11252
violent sex offense or if the person is convicted of or pleads	11253
guilty to a designated homicide, assault, or kidnapping offense	11254
and also is convicted of or pleads guilty to both a sexual	11255
motivation specification and a sexually violent predator	11256
specification that were included in the indictment, count in the	11257
indictment, or information charging that designated homicide,	11258
assault, or kidnapping offense.	11259

(ZZ) An offense is "committed in proximity to a school" if	11260
the offender commits the offense in a school safety zone or within	11261
five hundred feet of any school building or the boundaries of any	11262
school premises, regardless of whether the offender knows the	11263
offense is being committed in a school safety zone or within five	11264
hundred feet of any school building or the boundaries of any	11265
school premises.	11266

(AAA) "Human trafficking" means a scheme or plan to which all	11267
of the following apply:	11268

(1) Its object is to subject a victim or victims to	11269
involuntary servitude, as defined in section 2905.31 of the	11270
Revised Code, to compel a victim or victims to engage in sexual	11271
activity for hire, to engage in a performance that is obscene,	11272
sexually oriented, or nudity oriented, or to be a model or	11273
participant in the production of material that is obscene,	11274
sexually oriented, or nudity oriented.	11275

(2) It involves at least two felony offenses, whether or not	11276
there has been a prior conviction for any of the felony offenses,	11277
to which all of the following apply:	11278

(a) Each of the felony offenses is a violation of section	11279
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	11280
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	11281
(4), or (5) of section 2919.22 of the Revised Code or is a	11282
violation of a law of any state other than this state that is	11283
substantially similar to any of the sections or divisions of the	11284
Revised Code identified in this division.	11285

(b) At least one of the felony offenses was committed in this	11286
state.	11287

(c) The felony offenses are related to the same scheme or	11288
plan and are not isolated instances.	11289

(BBB) "Material," "nudity," "obscene," "performance," and	11290
"sexual activity" have the same meanings as in section 2907.01 of	11291
the Revised Code.	11292

(CCC) "Material that is obscene, sexually oriented, or nudity	11293
oriented" means any material that is obscene, that shows a person	11294
participating or engaging in sexual activity, masturbation, or	11295
bestiality, or that shows a person in a state of nudity.	11296

(DDD) "Performance that is obscene, sexually oriented, or	11297
nudity oriented" means any performance that is obscene, that shows	11298
a person participating or engaging in sexual activity,	11299
masturbation, or bestiality, or that shows a person in a state of	11300
nudity.	11301

Sec. 2929.11.  (A) A court that sentences an offender for a	11302
felony shall be guided by the overriding purposes of felony	11303
sentencing. The overriding purposes of felony sentencing are to	11304
protect the public from future crime by the offender and others	11305
and to punish the offender using the minimum sanctions that the	11306
court determines accomplish those purposes without imposing an	11307
unnecessary burden on state or local government resources. To	11308
achieve those purposes, the sentencing court shall consider the	11309
need for incapacitating the offender, deterring the offender and	11310
others from future crime, rehabilitating the offender, and making	11311
restitution to the victim of the offense, the public, or both.	11312

(B) A sentence imposed for a felony shall be reasonably	11313
calculated to achieve the two overriding purposes of felony	11314
sentencing set forth in division (A) of this section, commensurate	11315
with and not demeaning to the seriousness of the offender's	11316
conduct and its impact upon the victim, and consistent with	11317
sentences imposed for similar crimes committed by similar	11318
offenders.	11319

(C) A court that imposes a sentence upon an offender for a	11320
felony shall not base the sentence upon the race, ethnic	11321
background, gender, or religion of the offender.	11322

Sec. 2929.13.  (A) Except as provided in division (E), (F),	11323
or (G) of this section and unless a specific sanction is required	11324
to be imposed or is precluded from being imposed pursuant to law,	11325
a court that imposes a sentence upon an offender for a felony may	11326
impose any sanction or combination of sanctions on the offender	11327
that are provided in sections 2929.14 to 2929.18 of the Revised	11328
Code. The sentence shall not impose an unnecessary burden on state	11329
or local government resources.	11330

If the offender is eligible to be sentenced to community	11331
control sanctions, the court shall consider the appropriateness of	11332
imposing a financial sanction pursuant to section 2929.18 of the	11333
Revised Code or a sanction of community service pursuant to	11334
section 2929.17 of the Revised Code as the sole sanction for the	11335
offense. Except as otherwise provided in this division, if the	11336
court is required to impose a mandatory prison term for the	11337
offense for which sentence is being imposed, the court also shall	11338
impose any financial sanction pursuant to section 2929.18 of the	11339
Revised Code that is required for the offense and may impose any	11340
other financial sanction pursuant to that section but may not	11341
impose any additional sanction or combination of sanctions under	11342
section 2929.16 or 2929.17 of the Revised Code.	11343

If the offender is being sentenced for a fourth degree felony	11344
OVI offense or for a third degree felony OVI offense, in addition	11345
to the mandatory term of local incarceration or the mandatory	11346
prison term required for the offense by division (G)(1) or (2) of	11347
this section, the court shall impose upon the offender a mandatory	11348
fine in accordance with division (B)(3) of section 2929.18 of the	11349
Revised Code and may impose whichever of the following is	11350
applicable:	11351

(1) For a fourth degree felony OVI offense for which sentence	11352
is imposed under division (G)(1) of this section, an additional	11353
community control sanction or combination of community control	11354
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	11355
the court imposes upon the offender a community control sanction	11356
and the offender violates any condition of the community control	11357
sanction, the court may take any action prescribed in division (B)	11358
of section 2929.15 of the Revised Code relative to the offender,	11359
including imposing a prison term on the offender pursuant to that	11360
division.	11361

(2) For a third or fourth degree felony OVI offense for which	11362
sentence is imposed under division (G)(2) of this section, an	11363
additional prison term as described in division (D)(B)(4) of	11364
section 2929.14 of the Revised Code or a community control	11365
sanction as described in division (G)(2) of this section.	11366

(B)(1) Except(a) Except as provided in division (B)(1)(b) of	11367
this section, if an offender is convicted of or pleads guilty to a	11368
felony of the fourth or fifth degree that is not an offense of	11369
violence, the court shall sentence the offender to a community	11370
control sanction of at least one year's duration if all of the	11371
following apply:	11372

(i) The offender previously has not been convicted of or	11373
pleaded guilty to a felony offense or to an offense of violence	11374
that is a misdemeanor and that the offender committed within two	11375
years prior to the offense for which sentence is being imposed.	11376

(ii) The most serious charge against the offender at the time	11377
of sentencing is a felony of the fourth or fifth degree.	11378

(iii) If the court made a request of the department of	11379
rehabilitation and correction pursuant to division (B)(1)(c) of	11380
this section, the department, within the forty-five-day period	11381
specified in that division, provided the court with the names of,	11382
contact information for, and program details of one or more	11383
community control sanctions of at least one year's duration that	11384
are available for persons sentenced by the court.	11385

(b) The court has discretion to impose a prison term upon an	11386
offender who is convicted of or pleads guilty to a felony of the	11387
fourth or fifth degree that is not an offense of violence if any	11388
of the following apply:	11389

(i) The offender committed the offense while having a firearm	11390
on or about the offender's person or under the offender's control.	11391

(ii) The offender caused physical harm to another person	11392
while committing the offense.	11393

(iii) The offender violated a term of the conditions of bond	11394
as set by the court.	11395

(iv) The court made a request of the department of	11396
rehabilitation and correction pursuant to division (B)(1)(c) of	11397
this section, and the department, within the forty-five-day period	11398
specified in that division, did not provide the court with the	11399
name of, contact information for, and program details of any	11400
community control sanction of at least one year's duration that is	11401
available for persons sentenced by the court.	11402

(c) If a court that is sentencing an offender who is	11403
convicted of or pleads guilty to a felony of the fourth or fifth	11404
degree that is not an offense of violence believes that no	11405
community control sanctions are available for its use that, if	11406
imposed on the offender, will adequately fulfill the overriding	11407
principles and purposes of sentencing, the court shall contact the	11408
department of rehabilitation and correction and ask the department	11409
to provide the court with the names of, contact information for,	11410
and program details of one or more community control sanctions of	11411
at least one year's duration that are available for persons	11412
sentenced by the court. Not later than forty-five days after	11413
receipt of a request from a court under this division, the	11414
department shall provide the court with the names of, contact	11415
information for, and program details of one or more community	11416
control sanctions of at least one year's duration that are	11417
available for persons sentenced by the court, if any. Upon making	11418
a request under this division that relates to a particular	11419
offender, a court shall defer sentencing of that offender until it	11420
receives from the department the names of, contact information	11421
for, and program details of one or more community control	11422
sanctions of at least one year's duration that are available for	11423
persons sentenced by the court or for forty-five days, whichever	11424
is the earlier.	11425

If the department provides the court with the names of,	11426
contact information for, and program details of one or more	11427
community control sanctions of at least one year's duration that	11428
are available for persons sentenced by the court within the	11429
forty-five-day period specified in this division, the court shall	11430
impose upon the offender a community control sanction under	11431
division (B)(1)(a) of this section, subject to divisions	11432
(B)(1)(b)(i) and (ii) of this section. If the department does not	11433
provide the court with the names of, contact information for, and	11434
program details of one or more community control sanctions of at	11435
least one year's duration that are available for persons sentenced	11436
by the court within the forty-five-day period specified in this	11437
division, the court may impose upon the offender a prison term	11438
under division (B)(1)(b)(iii) of this section.	11439

(d) A sentencing court may impose an additional penalty under	11440
division (B) of section 2929.15 of the Revised Code upon an	11441
offender sentenced to a community control sanction under division	11442
(B)(1)(a) of this section if the offender violates the conditions	11443
of the community control sanction, violates a law, or leaves the	11444
state without the permission of the court or the offender's	11445
probation officer.	11446

(2) If division (B)(1) of this section does not apply, except	11447
as provided in division (B)(2)(3), (E), (F), or (G) of this	11448
section, in sentencing an offender for a felony of the fourth or	11449
fifth degree, the sentencing court shall determine whether any of	11450
the following apply:	11451

(a) In committing the offense, the offender caused physical	11452
harm to a person.	11453

(b) In committing the offense, the offender attempted to	11454
cause or made an actual threat of physical harm to a person with a	11455
deadly weapon.	11456

(c) In committing the offense, the offender attempted to	11457
cause or made an actual threat of physical harm to a person, and	11458
the offender previously was convicted of an offense that caused	11459
physical harm to a person.	11460

(d) The offender held a public office or position of trust	11461
and the offense related to that office or position; the offender's	11462
position obliged the offender to prevent the offense or to bring	11463
those committing it to justice; or the offender's professional	11464
reputation or position facilitated the offense or was likely to	11465
influence the future conduct of others.	11466

(e) The offender committed the offense for hire or as part of	11467
an organized criminal activity.	11468

(f) The offense is a sex offense that is a fourth or fifth	11469
degree felony violation of section 2907.03, 2907.04, 2907.05,	11470
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	11471
Revised Code.	11472

(g) The offender at the time of the offense was serving, or	11473
the offender previously had served, a prison term.	11474

(h) The offender committed the offense while under a	11475
community control sanction, while on probation, or while released	11476
from custody on a bond or personal recognizance.	11477

(i) The offender committed the offense while in possession of	11478
a firearm.	11479

(2)(3)(a) If the court makes a finding described in division	11480
(B)(1)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	11481
section and if the court, after considering the factors set forth	11482
in section 2929.12 of the Revised Code, finds that a prison term	11483
is consistent with the purposes and principles of sentencing set	11484
forth in section 2929.11 of the Revised Code and finds that the	11485
offender is not amenable to an available community control	11486
sanction, the court shall impose a prison term upon the offender.	11487

(b) Except as provided in division (E), (F), or (G) of this	11488
section, if the court does not make a finding described in	11489
division (B)(1)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i)	11490
of this section and if the court, after considering the factors	11491
set forth in section 2929.12 of the Revised Code, finds that a	11492
community control sanction or combination of community control	11493
sanctions is consistent with the purposes and principles of	11494
sentencing set forth in section 2929.11 of the Revised Code, the	11495
court shall impose a community control sanction or combination of	11496
community control sanctions upon the offender.	11497

(C) Except as provided in division (D), (E), (F), or (G) of	11498
this section, in determining whether to impose a prison term as a	11499
sanction for a felony of the third degree or a felony drug offense	11500
that is a violation of a provision of Chapter 2925. of the Revised	11501
Code and that is specified as being subject to this division for	11502
purposes of sentencing, the sentencing court shall comply with the	11503
purposes and principles of sentencing under section 2929.11 of the	11504
Revised Code and with section 2929.12 of the Revised Code.	11505

(D)(1) Except as provided in division (E) or (F) of this	11506
section, for a felony of the first or second degree, for a felony	11507
drug offense that is a violation of any provision of Chapter	11508
2925., 3719., or 4729. of the Revised Code for which a presumption	11509
in favor of a prison term is specified as being applicable, and	11510
for a violation of division (A)(4) or (B) of section 2907.05 of	11511
the Revised Code for which a presumption in favor of a prison term	11512
is specified as being applicable, it is presumed that a prison	11513
term is necessary in order to comply with the purposes and	11514
principles of sentencing under section 2929.11 of the Revised	11515
Code. Division (D)(2) of this section does not apply to a	11516
presumption established under this division for a violation of	11517
division (A)(4) of section 2907.05 of the Revised Code.	11518

(2) Notwithstanding the presumption established under	11519
division (D)(1) of this section for the offenses listed in that	11520
division other than a violation of division (A)(4) or (B) of	11521
section 2907.05 of the Revised Code, the sentencing court may	11522
impose a community control sanction or a combination of community	11523
control sanctions instead of a prison term on an offender for a	11524
felony of the first or second degree or for a felony drug offense	11525
that is a violation of any provision of Chapter 2925., 3719., or	11526
4729. of the Revised Code for which a presumption in favor of a	11527
prison term is specified as being applicable if it makes both of	11528
the following findings:	11529

(a) A community control sanction or a combination of	11530
community control sanctions would adequately punish the offender	11531
and protect the public from future crime, because the applicable	11532
factors under section 2929.12 of the Revised Code indicating a	11533
lesser likelihood of recidivism outweigh the applicable factors	11534
under that section indicating a greater likelihood of recidivism.	11535

(b) A community control sanction or a combination of	11536
community control sanctions would not demean the seriousness of	11537
the offense, because one or more factors under section 2929.12 of	11538
the Revised Code that indicate that the offender's conduct was	11539
less serious than conduct normally constituting the offense are	11540
applicable, and they outweigh the applicable factors under that	11541
section that indicate that the offender's conduct was more serious	11542
than conduct normally constituting the offense.	11543

(E)(1) Except as provided in division (F) of this section,	11544
for any drug offense that is a violation of any provision of	11545
Chapter 2925. of the Revised Code and that is a felony of the	11546
third, fourth, or fifth degree, the applicability of a presumption	11547
under division (D) of this section in favor of a prison term or of	11548
division (B) or (C) of this section in determining whether to	11549
impose a prison term for the offense shall be determined as	11550
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	11551
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	11552
Revised Code, whichever is applicable regarding the violation.	11553

(2) If an offender who was convicted of or pleaded guilty to	11554
a felony violates the conditions of a community control sanction	11555
imposed for the offense solely by reason of producing positive	11556
results on a drug test, the court, as punishment for the violation	11557
of the sanction, shall not order that the offender be imprisoned	11558
unless the court determines on the record either of the following:	11559

(a) The offender had been ordered as a sanction for the	11560
felony to participate in a drug treatment program, in a drug	11561
education program, or in narcotics anonymous or a similar program,	11562
and the offender continued to use illegal drugs after a reasonable	11563
period of participation in the program.	11564

(b) The imprisonment of the offender for the violation is	11565
consistent with the purposes and principles of sentencing set	11566
forth in section 2929.11 of the Revised Code.	11567

(3) A court that sentences an offender for a drug abuse	11568
offense that is a felony of the third, fourth, or fifth degree may	11569
require that the offender be assessed by a properly credentialed	11570
professional within a specified period of time. The court shall	11571
require the professional to file a written assessment of the	11572
offender with the court. If the offender is eligible for a	11573
community control sanction and after considering the written	11574
assessment, the court may impose a community control sanction that	11575
includes treatment and recovery support services authorized by	11576
section 3793.02 of the Revised Code. If the court imposes	11577
treatment and recovery support services as a community control	11578
sanction, the court shall direct the level and type of treatment	11579
and recovery support services after considering the assessment and	11580
recommendation of treatment and recovery support services	11581
providers.	11582

(F) Notwithstanding divisions (A) to (E) of this section, the	11583
court shall impose a prison term or terms under sections 2929.02	11584
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	11585
of the Revised Code and except as specifically provided in section	11586
2929.20, divisions (C) to (I) of section 2967.19, or section	11587
2967.191 of the Revised Code or when parole is authorized for the	11588
offense under section 2967.13 of the Revised Code shall not reduce	11589
the term or terms pursuant to section 2929.20, section 2967.19,	11590
section 2967.193, or any other provision of Chapter 2967. or	11591
Chapter 5120. of the Revised Code for any of the following	11592
offenses:	11593

(1) Aggravated murder when death is not imposed or murder;

11594

(2) Any rape, regardless of whether force was involved and	11595
regardless of the age of the victim, or an attempt to commit rape	11596
if, had the offender completed the rape that was attempted, the	11597
offender would have been guilty of a violation of division	11598
(A)(1)(b) of section 2907.02 of the Revised Code and would be	11599
sentenced under section 2971.03 of the Revised Code;	11600

(3) Gross sexual imposition or sexual battery, if the victim	11601
is less than thirteen years of age and if any of the following	11602
applies:	11603

(a) Regarding gross sexual imposition, the offender	11604
previously was convicted of or pleaded guilty to rape, the former	11605
offense of felonious sexual penetration, gross sexual imposition,	11606
or sexual battery, and the victim of the previous offense was less	11607
than thirteen years of age;	11608

(b) Regarding gross sexual imposition, the offense was	11609
committed on or after August 3, 2006, and evidence other than the	11610
testimony of the victim was admitted in the case corroborating the	11611
violation.	11612

(c) Regarding sexual battery, either of the following	11613
applies:	11614

(i) The offense was committed prior to August 3, 2006, the	11615
offender previously was convicted of or pleaded guilty to rape,	11616
the former offense of felonious sexual penetration, or sexual	11617
battery, and the victim of the previous offense was less than	11618
thirteen years of age.	11619

(ii) The offense was committed on or after August 3, 2006.

11620

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	11621
2903.11, 2903.12, 2903.13, or 2907.07 of the Revised Code if the	11622
section requires the imposition of a prison term;	11623

(5) A first, second, or third degree felony drug offense for	11624
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	11625
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	11626
4729.99 of the Revised Code, whichever is applicable regarding the	11627
violation, requires the imposition of a mandatory prison term;	11628

(6) Any offense that is a first or second degree felony and	11629
that is not set forth in division (F)(1), (2), (3), or (4) of this	11630
section, if the offender previously was convicted of or pleaded	11631
guilty to aggravated murder, murder, any first or second degree	11632
felony, or an offense under an existing or former law of this	11633
state, another state, or the United States that is or was	11634
substantially equivalent to one of those offenses;	11635

(7) Any offense that is a third degree felony and either is a	11636
violation of section 2903.04 of the Revised Code or an attempt to	11637
commit a felony of the second degree that is an offense of	11638
violence and involved an attempt to cause serious physical harm to	11639
a person or that resulted in serious physical harm to a person if	11640
the offender previously was convicted of or pleaded guilty to any	11641
of the following offenses:	11642

(a) Aggravated murder, murder, involuntary manslaughter,	11643
rape, felonious sexual penetration as it existed under section	11644
2907.12 of the Revised Code prior to September 3, 1996, a felony	11645
of the first or second degree that resulted in the death of a	11646
person or in physical harm to a person, or complicity in or an	11647
attempt to commit any of those offenses;	11648

(b) An offense under an existing or former law of this state,	11649
another state, or the United States that is or was substantially	11650
equivalent to an offense listed in division (F)(7)(a) of this	11651
section that resulted in the death of a person or in physical harm	11652
to a person.	11653

(8) Any offense, other than a violation of section 2923.12 of	11654
the Revised Code, that is a felony, if the offender had a firearm	11655
on or about the offender's person or under the offender's control	11656
while committing the felony, with respect to a portion of the	11657
sentence imposed pursuant to division (D)(B)(1)(a) of section	11658
2929.14 of the Revised Code for having the firearm;	11659

(9) Any offense of violence that is a felony, if the offender	11660
wore or carried body armor while committing the felony offense of	11661
violence, with respect to the portion of the sentence imposed	11662
pursuant to division (D)(B)(1)(d) of section 2929.14 of the	11663
Revised Code for wearing or carrying the body armor;	11664

(10) Corrupt activity in violation of section 2923.32 of the	11665
Revised Code when the most serious offense in the pattern of	11666
corrupt activity that is the basis of the offense is a felony of	11667
the first degree;	11668

(11) Any violent sex offense or designated homicide, assault,	11669
or kidnapping offense if, in relation to that offense, the	11670
offender is adjudicated a sexually violent predator;	11671

(12) A violation of division (A)(1) or (2) of section 2921.36	11672
of the Revised Code, or a violation of division (C) of that	11673
section involving an item listed in division (A)(1) or (2) of that	11674
section, if the offender is an officer or employee of the	11675
department of rehabilitation and correction;	11676

(13) A violation of division (A)(1) or (2) of section 2903.06	11677
of the Revised Code if the victim of the offense is a peace	11678
officer, as defined in section 2935.01 of the Revised Code, or an	11679
investigator of the bureau of criminal identification and	11680
investigation, as defined in section 2903.11 of the Revised Code,	11681
with respect to the portion of the sentence imposed pursuant to	11682
division (D)(B)(5) of section 2929.14 of the Revised Code;	11683

(14) A violation of division (A)(1) or (2) of section 2903.06	11684
of the Revised Code if the offender has been convicted of or	11685
pleaded guilty to three or more violations of division (A) or (B)	11686
of section 4511.19 of the Revised Code or an equivalent offense,	11687
as defined in section 2941.1415 of the Revised Code, or three or	11688
more violations of any combination of those divisions and	11689
offenses, with respect to the portion of the sentence imposed	11690
pursuant to division (D)(B)(6) of section 2929.14 of the Revised	11691
Code;	11692

(15) Kidnapping, in the circumstances specified in section	11693
2971.03 of the Revised Code and when no other provision of	11694
division (F) of this section applies;	11695

(16) Kidnapping, abduction, compelling prostitution,	11696
promoting prostitution, engaging in a pattern of corrupt activity,	11697
illegal use of a minor in a nudity-oriented material or	11698
performance in violation of division (A)(1) or (2) of section	11699
2907.323 of the Revised Code, or endangering children in violation	11700
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	11701
the Revised Code, if the offender is convicted of or pleads guilty	11702
to a specification as described in section 2941.1422 of the	11703
Revised Code that was included in the indictment, count in the	11704
indictment, or information charging the offense;	11705

(17) A felony violation of division (A) or (B) of section	11706
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	11707
that section, and division (D)(6) of that section, require the	11708
imposition of a prison term;	11709

(18) A felony violation of section 2903.11, 2903.12, or	11710
2903.13 of the Revised Code, if the victim of the offense was a	11711
woman that the offender knew was pregnant at the time of the	11712
violation, with respect to a portion of the sentence imposed	11713
pursuant to division (D)(B)(8) of section 2929.14 of the Revised	11714
Code.	11715

(G) Notwithstanding divisions (A) to (E) of this section, if	11716
an offender is being sentenced for a fourth degree felony OVI	11717
offense or for a third degree felony OVI offense, the court shall	11718
impose upon the offender a mandatory term of local incarceration	11719
or a mandatory prison term in accordance with the following:	11720

(1) If the offender is being sentenced for a fourth degree	11721
felony OVI offense and if the offender has not been convicted of	11722
and has not pleaded guilty to a specification of the type	11723
described in section 2941.1413 of the Revised Code, the court may	11724
impose upon the offender a mandatory term of local incarceration	11725
of sixty days or one hundred twenty days as specified in division	11726
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	11727
not reduce the term pursuant to section 2929.20, 2967.193, or any	11728
other provision of the Revised Code. The court that imposes a	11729
mandatory term of local incarceration under this division shall	11730
specify whether the term is to be served in a jail, a	11731
community-based correctional facility, a halfway house, or an	11732
alternative residential facility, and the offender shall serve the	11733
term in the type of facility specified by the court. A mandatory	11734
term of local incarceration imposed under division (G)(1) of this	11735
section is not subject to any other Revised Code provision that	11736
pertains to a prison term except as provided in division (A)(1) of	11737
this section.	11738

(2) If the offender is being sentenced for a third degree	11739
felony OVI offense, or if the offender is being sentenced for a	11740
fourth degree felony OVI offense and the court does not impose a	11741
mandatory term of local incarceration under division (G)(1) of	11742
this section, the court shall impose upon the offender a mandatory	11743
prison term of one, two, three, four, or five years if the	11744
offender also is convicted of or also pleads guilty to a	11745
specification of the type described in section 2941.1413 of the	11746
Revised Code or shall impose upon the offender a mandatory prison	11747
term of sixty days or one hundred twenty days as specified in	11748
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	11749
if the offender has not been convicted of and has not pleaded	11750
guilty to a specification of that type. TheSubject to divisions	11751
(C) to (I) of section 2967.19 of the Revised Code, the court shall	11752
not reduce the term pursuant to section 2929.20, 2967.19,	11753
2967.193, or any other provision of the Revised Code. The offender	11754
shall serve the one-, two-, three-, four-, or five-year mandatory	11755
prison term consecutively to and prior to the prison term imposed	11756
for the underlying offense and consecutively to any other	11757
mandatory prison term imposed in relation to the offense. In no	11758
case shall an offender who once has been sentenced to a mandatory	11759
term of local incarceration pursuant to division (G)(1) of this	11760
section for a fourth degree felony OVI offense be sentenced to	11761
another mandatory term of local incarceration under that division	11762
for any violation of division (A) of section 4511.19 of the	11763
Revised Code. In addition to the mandatory prison term described	11764
in division (G)(2) of this section, the court may sentence the	11765
offender to a community control sanction under section 2929.16 or	11766
2929.17 of the Revised Code, but the offender shall serve the	11767
prison term prior to serving the community control sanction. The	11768
department of rehabilitation and correction may place an offender	11769
sentenced to a mandatory prison term under this division in an	11770
intensive program prison established pursuant to section 5120.033	11771
of the Revised Code if the department gave the sentencing judge	11772
prior notice of its intent to place the offender in an intensive	11773
program prison established under that section and if the judge did	11774
not notify the department that the judge disapproved the	11775
placement. Upon the establishment of the initial intensive program	11776
prison pursuant to section 5120.033 of the Revised Code that is	11777
privately operated and managed by a contractor pursuant to a	11778
contract entered into under section 9.06 of the Revised Code, both	11779
of the following apply:	11780

(a) The department of rehabilitation and correction shall	11781
make a reasonable effort to ensure that a sufficient number of	11782
offenders sentenced to a mandatory prison term under this division	11783
are placed in the privately operated and managed prison so that	11784
the privately operated and managed prison has full occupancy.	11785

(b) Unless the privately operated and managed prison has full	11786
occupancy, the department of rehabilitation and correction shall	11787
not place any offender sentenced to a mandatory prison term under	11788
this division in any intensive program prison established pursuant	11789
to section 5120.033 of the Revised Code other than the privately	11790
operated and managed prison.	11791

(H) If an offender is being sentenced for a sexually oriented	11792
offense or child-victim oriented offense that is a felony	11793
committed on or after January 1, 1997, the judge shall require the	11794
offender to submit to a DNA specimen collection procedure pursuant	11795
to section 2901.07 of the Revised Code.	11796

(I) If an offender is being sentenced for a sexually oriented	11797
offense or a child-victim oriented offense committed on or after	11798
January 1, 1997, the judge shall include in the sentence a summary	11799
of the offender's duties imposed under sections 2950.04, 2950.041,	11800
2950.05, and 2950.06 of the Revised Code and the duration of the	11801
duties. The judge shall inform the offender, at the time of	11802
sentencing, of those duties and of their duration. If required	11803
under division (A)(2) of section 2950.03 of the Revised Code, the	11804
judge shall perform the duties specified in that section, or, if	11805
required under division (A)(6) of section 2950.03 of the Revised	11806
Code, the judge shall perform the duties specified in that	11807
division.	11808

(J)(1) Except as provided in division (J)(2) of this section,	11809
when considering sentencing factors under this section in relation	11810
to an offender who is convicted of or pleads guilty to an attempt	11811
to commit an offense in violation of section 2923.02 of the	11812
Revised Code, the sentencing court shall consider the factors	11813
applicable to the felony category of the violation of section	11814
2923.02 of the Revised Code instead of the factors applicable to	11815
the felony category of the offense attempted.	11816

(2) When considering sentencing factors under this section in	11817
relation to an offender who is convicted of or pleads guilty to an	11818
attempt to commit a drug abuse offense for which the penalty is	11819
determined by the amount or number of unit doses of the controlled	11820
substance involved in the drug abuse offense, the sentencing court	11821
shall consider the factors applicable to the felony category that	11822
the drug abuse offense attempted would be if that drug abuse	11823
offense had been committed and had involved an amount or number of	11824
unit doses of the controlled substance that is within the next	11825
lower range of controlled substance amounts than was involved in	11826
the attempt.	11827

(K) As used in this section, "drug abuse offense" has the	11828
same meaning as in section 2925.01 of the Revised Code.	11829

(L) At the time of sentencing an offender for any sexually	11830
oriented offense, if the offender is a tier III sex	11831
offender/child-victim offender relative to that offense and the	11832
offender does not serve a prison term or jail term, the court may	11833
require that the offender be monitored by means of a global	11834
positioning device. If the court requires such monitoring, the	11835
cost of monitoring shall be borne by the offender. If the offender	11836
is indigent, the cost of compliance shall be paid by the crime	11837
victims reparations fund.	11838

Sec. 2929.14.  (A) Except as provided in division (C),	11839
(D)(B)(1), (D)(B)(2), (D)(B)(3), (D)(B)(4), (D)(B)(5), (D)(B)(6),	11840
(D)(B)(7), (D)(B)(8), (G)(E), (I)(G), (J)(H), or (L)(J) of this	11841
section or in division (D)(6) of section 2919.25 of the Revised	11842
Code and except in relation to an offense for which a sentence of	11843
death or life imprisonment is to be imposed, if the court imposing	11844
a sentence upon an offender for a felony elects or is required to	11845
impose a prison term on the offender pursuant to this chapter, the	11846
court shall impose a definite prison term that shall be one of the	11847
following:	11848

(1) For a felony of the first degree, the prison term shall	11849
be three, four, five, six, seven, eight, nine, or ten, or eleven	11850
years.	11851

(2) For a felony of the second degree, the prison term shall	11852
be two, three, four, five, six, seven, or eight years.	11853

(3)(a) For a felony of the third degree that is a violation	11854
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	11855
Revised Code or that is a violation of section 2911.02 or 2911.12	11856
of the Revised Code if the offender previously has been convicted	11857
of or pleaded guilty in two or more separate proceedings to two or	11858
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	11859
of the Revised Code, the prison term shall be one, two, three,	11860
four, or five yearstwelve, eighteen, twenty-four, thirty,	11861
thirty-six, forty-two, forty-eight, fifty-four, or sixty months.	11862

(b) For a felony of the third degree that is not an offense	11863
for which division (A)(3)(a) of this section applies, the prison	11864
term shall be nine, twelve, eighteen, twenty-four, thirty, or	11865
thirty-six months.	11866

(4) For a felony of the fourth degree, the prison term shall	11867
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	11868
fourteen, fifteen, sixteen, seventeen, or eighteen months.	11869

(5) For a felony of the fifth degree, the prison term shall	11870
be six, seven, eight, nine, ten, eleven, or twelve months.	11871

(B) Except as provided in division (C), (D)(1), (D)(2),	11872
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of	11873
this section, in section 2907.02 , 2907.05, or 2919.25 of the	11874
Revised Code, or in Chapter 2925. of the Revised Code, if the	11875
court imposing a sentence upon an offender for a felony elects or	11876
is required to impose a prison term on the offender, the court	11877
shall impose the shortest prison term authorized for the offense	11878
pursuant to division (A) of this section, unless one or more of	11879
the following applies:	11880

(1) The offender was serving a prison term at the time of the	11881
offense, or the offender previously had served a prison term.	11882

(2) The court finds on the record that the shortest prison	11883
term will demean the seriousness of the offender's conduct or will	11884
not adequately protect the public from future crime by the	11885
offender or others.	11886

(C) Except as provided in division (D)(7), (D)(8), (G), or	11887
(L) of this section, in section 2919.25 of the Revised Code, or in	11888
Chapter 2925. of the Revised Code, the court imposing a sentence	11889
upon an offender for a felony may impose the longest prison term	11890
authorized for the offense pursuant to division (A) of this	11891
section only upon offenders who committed the worst forms of the	11892
offense, upon offenders who pose the greatest likelihood of	11893
committing future crimes, upon certain major drug offenders under	11894
division (D)(3) of this section, and upon certain repeat violent	11895
offenders in accordance with division (D)(2) of this section.	11896

(D)(1)(a) Except as provided in division (D)(B)(1)(e) of this	11897
section, if an offender who is convicted of or pleads guilty to a	11898
felony also is convicted of or pleads guilty to a specification of	11899
the type described in section 2941.141, 2941.144, or 2941.145 of	11900
the Revised Code, the court shall impose on the offender one of	11901
the following prison terms:	11902

(i) A prison term of six years if the specification is of the	11903
type described in section 2941.144 of the Revised Code that	11904
charges the offender with having a firearm that is an automatic	11905
firearm or that was equipped with a firearm muffler or silencer on	11906
or about the offender's person or under the offender's control	11907
while committing the felony;	11908

(ii) A prison term of three years if the specification is of	11909
the type described in section 2941.145 of the Revised Code that	11910
charges the offender with having a firearm on or about the	11911
offender's person or under the offender's control while committing	11912
the offense and displaying the firearm, brandishing the firearm,	11913
indicating that the offender possessed the firearm, or using it to	11914
facilitate the offense;	11915

(iii) A prison term of one year if the specification is of	11916
the type described in section 2941.141 of the Revised Code that	11917
charges the offender with having a firearm on or about the	11918
offender's person or under the offender's control while committing	11919
the felony.	11920

(b) If a court imposes a prison term on an offender under	11921
division (D)(B)(1)(a) of this section, the prison term shall not	11922
be reduced pursuant to section 2967.19, section 2929.20, section	11923
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	11924
of the Revised Code. Except as provided in division (D)(B)(1)(g)	11925
of this section, a court shall not impose more than one prison	11926
term on an offender under division (D)(B)(1)(a) of this section	11927
for felonies committed as part of the same act or transaction.	11928

(c) Except as provided in division (D)(B)(1)(e) of this	11929
section, if an offender who is convicted of or pleads guilty to a	11930
violation of section 2923.161 of the Revised Code or to a felony	11931
that includes, as an essential element, purposely or knowingly	11932
causing or attempting to cause the death of or physical harm to	11933
another, also is convicted of or pleads guilty to a specification	11934
of the type described in section 2941.146 of the Revised Code that	11935
charges the offender with committing the offense by discharging a	11936
firearm from a motor vehicle other than a manufactured home, the	11937
court, after imposing a prison term on the offender for the	11938
violation of section 2923.161 of the Revised Code or for the other	11939
felony offense under division (A), (D)(B)(2), or (D)(B)(3) of this	11940
section, shall impose an additional prison term of five years upon	11941
the offender that shall not be reduced pursuant to section	11942
2929.20, section 2967.19, section 2967.193, or any other provision	11943
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	11944
shall not impose more than one additional prison term on an	11945
offender under division (D)(B)(1)(c) of this section for felonies	11946
committed as part of the same act or transaction. If a court	11947
imposes an additional prison term on an offender under division	11948
(D)(B)(1)(c) of this section relative to an offense, the court	11949
also shall impose a prison term under division (D)(B)(1)(a) of	11950
this section relative to the same offense, provided the criteria	11951
specified in that division for imposing an additional prison term	11952
are satisfied relative to the offender and the offense.	11953

(d) If an offender who is convicted of or pleads guilty to an	11954
offense of violence that is a felony also is convicted of or	11955
pleads guilty to a specification of the type described in section	11956
2941.1411 of the Revised Code that charges the offender with	11957
wearing or carrying body armor while committing the felony offense	11958
of violence, the court shall impose on the offender a prison term	11959
of two years. The prison term so imposed, subject to divisions (C)	11960
to (I) of section 2967.19 of the Revised Code, shall not be	11961
reduced pursuant to section 2929.20, section 2967.19, section	11962
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	11963
of the Revised Code. A court shall not impose more than one prison	11964
term on an offender under division (D)(B)(1)(d) of this section	11965
for felonies committed as part of the same act or transaction. If	11966
a court imposes an additional prison term under division	11967
(D)(B)(1)(a) or (c) of this section, the court is not precluded	11968
from imposing an additional prison term under division	11969
(D)(B)(1)(d) of this section.	11970

(e) The court shall not impose any of the prison terms	11971
described in division (D)(B)(1)(a) of this section or any of the	11972
additional prison terms described in division (D)(B)(1)(c) of this	11973
section upon an offender for a violation of section 2923.12 or	11974
2923.123 of the Revised Code. The court shall not impose any of	11975
the prison terms described in division (D)(B)(1)(a) or (b) of this	11976
section upon an offender for a violation of section 2923.122 that	11977
involves a deadly weapon that is a firearm other than a dangerous	11978
ordnance, section 2923.16, or section 2923.121 of the Revised	11979
Code. The court shall not impose any of the prison terms described	11980
in division (D)(B)(1)(a) of this section or any of the additional	11981
prison terms described in division (D)(B)(1)(c) of this section	11982
upon an offender for a violation of section 2923.13 of the Revised	11983
Code unless all of the following apply:	11984

(i) The offender previously has been convicted of aggravated	11985
murder, murder, or any felony of the first or second degree.	11986

(ii) Less than five years have passed since the offender was	11987
released from prison or post-release control, whichever is later,	11988
for the prior offense.	11989

(f) If an offender is convicted of or pleads guilty to a	11990
felony that includes, as an essential element, causing or	11991
attempting to cause the death of or physical harm to another and	11992
also is convicted of or pleads guilty to a specification of the	11993
type described in section 2941.1412 of the Revised Code that	11994
charges the offender with committing the offense by discharging a	11995
firearm at a peace officer as defined in section 2935.01 of the	11996
Revised Code or a corrections officer, as defined in section	11997
2941.1412 of the Revised Code, the court, after imposing a prison	11998
term on the offender for the felony offense under division (A),	11999
(D)(B)(2), or (D)(B)(3) of this section, shall impose an	12000
additional prison term of seven years upon the offender that shall	12001
not be reduced pursuant to section 2929.20, section 2967.19,	12002
section 2967.193, or any other provision of Chapter 2967. or	12003
Chapter 5120. of the Revised Code. If an offender is convicted of	12004
or pleads guilty to two or more felonies that include, as an	12005
essential element, causing or attempting to cause the death or	12006
physical harm to another and also is convicted of or pleads guilty	12007
to a specification of the type described under division	12008
(D)(B)(1)(f) of this section in connection with two or more of the	12009
felonies of which the offender is convicted or to which the	12010
offender pleads guilty, the sentencing court shall impose on the	12011
offender the prison term specified under division (D)(B)(1)(f) of	12012
this section for each of two of the specifications of which the	12013
offender is convicted or to which the offender pleads guilty and,	12014
in its discretion, also may impose on the offender the prison term	12015
specified under that division for any or all of the remaining	12016
specifications. If a court imposes an additional prison term on an	12017
offender under division (D)(B)(1)(f) of this section relative to	12018
an offense, the court shall not impose a prison term under	12019
division (D)(B)(1)(a) or (c) of this section relative to the same	12020
offense.	12021

(g) If an offender is convicted of or pleads guilty to two or	12022
more felonies, if one or more of those felonies isare aggravated	12023
murder, murder, attempted aggravated murder, attempted murder,	12024
aggravated robbery, felonious assault, or rape, and if the	12025
offender is convicted of or pleads guilty to a specification of	12026
the type described under division (D)(B)(1)(a) of this section in	12027
connection with two or more of the felonies, the sentencing court	12028
shall impose on the offender the prison term specified under	12029
division (D)(B)(1)(a) of this section for each of the two most	12030
serious specifications of which the offender is convicted or to	12031
which the offender pleads guilty and, in its discretion, also may	12032
impose on the offender the prison term specified under that	12033
division for any or all of the remaining specifications.	12034

(2)(a) If division (D)(B)(2)(b) of this section does not	12035
apply, the court may impose on an offender, in addition to the	12036
longest prison term authorized or required for the offense, an	12037
additional definite prison term of one, two, three, four, five,	12038
six, seven, eight, nine, or ten years if all of the following	12039
criteria are met:	12040

(i) The offender is convicted of or pleads guilty to a	12041
specification of the type described in section 2941.149 of the	12042
Revised Code that the offender is a repeat violent offender.	12043

(ii) The offense of which the offender currently is convicted	12044
or to which the offender currently pleads guilty is aggravated	12045
murder and the court does not impose a sentence of death or life	12046
imprisonment without parole, murder, terrorism and the court does	12047
not impose a sentence of life imprisonment without parole, any	12048
felony of the first degree that is an offense of violence and the	12049
court does not impose a sentence of life imprisonment without	12050
parole, or any felony of the second degree that is an offense of	12051
violence and the trier of fact finds that the offense involved an	12052
attempt to cause or a threat to cause serious physical harm to a	12053
person or resulted in serious physical harm to a person.	12054

(iii) The court imposes the longest prison term for the	12055
offense that is not life imprisonment without parole.	12056

(iv) The court finds that the prison terms imposed pursuant	12057
to division (D)(2)(a)(iii) of this section and, if applicable,	12058
division (D)(1) or (3) of this section are inadequate to punish	12059
the offender and protect the public from future crime, because the	12060
applicable factors under section 2929.12 of the Revised Code	12061
indicating a greater likelihood of recidivism outweigh the	12062
applicable factors under that section indicating a lesser	12063
likelihood of recidivism.	12064

(v) The court finds that the prison terms imposed pursuant to	12065
division (D)(2)(a)(iii) of this section and, if applicable,	12066
division (D)(1) or (3) of this section are demeaning to the	12067
seriousness of the offense, because one or more of the factors	12068
under section 2929.12 of the Revised Code indicating that the	12069
offender's conduct is more serious than conduct normally	12070
constituting the offense are present, and they outweigh the	12071
applicable factors under that section indicating that the	12072
offender's conduct is less serious than conduct normally	12073
constituting the offense.	12074

(b) The court shall impose on an offender the longest prison	12075
term authorized or required for the offense and shall impose on	12076
the offender an additional definite prison term of one, two,	12077
three, four, five, six, seven, eight, nine, or ten years if all of	12078
the following criteria are met:	12079

(i) The offender is convicted of or pleads guilty to a	12080
specification of the type described in section 2941.149 of the	12081
Revised Code that the offender is a repeat violent offender.	12082

(ii) The offender within the preceding twenty years has been	12083
convicted of or pleaded guilty to three or more offenses described	12084
in division (CC)(1) of section 2929.01 of the Revised Code,	12085
including all offenses described in that division of which the	12086
offender is convicted or to which the offender pleads guilty in	12087
the current prosecution and all offenses described in that	12088
division of which the offender previously has been convicted or to	12089
which the offender previously pleaded guilty, whether prosecuted	12090
together or separately.	12091

(iii) The offense or offenses of which the offender currently	12092
is convicted or to which the offender currently pleads guilty is	12093
aggravated murder and the court does not impose a sentence of	12094
death or life imprisonment without parole, murder, terrorism and	12095
the court does not impose a sentence of life imprisonment without	12096
parole, any felony of the first degree that is an offense of	12097
violence and the court does not impose a sentence of life	12098
imprisonment without parole, or any felony of the second degree	12099
that is an offense of violence and the trier of fact finds that	12100
the offense involved an attempt to cause or a threat to cause	12101
serious physical harm to a person or resulted in serious physical	12102
harm to a person.	12103

(c) For purposes of division (D)(B)(2)(b) of this section,	12104
two or more offenses committed at the same time or as part of the	12105
same act or event shall be considered one offense, and that one	12106
offense shall be the offense with the greatest penalty.	12107

(d) A sentence imposed under division (D)(B)(2)(a) or (b) of	12108
this section shall not be reduced pursuant to section 2929.20,	12109
section 2967.19, or section 2967.193, or any other provision of	12110
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	12111
shall serve an additional prison term imposed under this section	12112
consecutively to and prior to the prison term imposed for the	12113
underlying offense.	12114

(e) When imposing a sentence pursuant to division	12115
(D)(B)(2)(a) or (b) of this section, the court shall state its	12116
findings explaining the imposed sentence.	12117

(3)(a) Except when an offender commits a violation of section	12118
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	12119
the violation is life imprisonment or commits a violation of	12120
section 2903.02 of the Revised Code, if the offender commits a	12121
violation of section 2925.03 or 2925.11 of the Revised Code and	12122
that section classifies the offender as a major drug offender and	12123
requires the imposition of a ten-year prison term on the offender,	12124
if the offender commits a felony violation of section 2925.02,	12125
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	12126
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	12127
division (C) of section 4729.51, or division (J) of section	12128
4729.54 of the Revised Code that includes the sale, offer to sell,	12129
or possession of a schedule I or II controlled substance, with the	12130
exception of marihuana, and the court imposing sentence upon the	12131
offender finds that the offender is guilty of a specification of	12132
the type described in section 2941.1410 of the Revised Code	12133
charging that the offender is a major drug offender, if the court	12134
imposing sentence upon an offender for a felony finds that the	12135
offender is guilty of corrupt activity with the most serious	12136
offense in the pattern of corrupt activity being a felony of the	12137
first degree, or if the offender is guilty of an attempted	12138
violation of section 2907.02 of the Revised Code and, had the	12139
offender completed the violation of section 2907.02 of the Revised	12140
Code that was attempted, the offender would have been subject to a	12141
sentence of life imprisonment or life imprisonment without parole	12142
for the violation of section 2907.02 of the Revised Code, the	12143
court shall impose upon the offender for the felony violation a	12144
ten-year prison term that, subject to divisions (C) to (I) of	12145
section 2967.19 of the Revised Code, cannot be reduced pursuant to	12146
section 2929.20, section 2967.19, or any other provision of	12147
Chapter 2967. or 5120. of the Revised Code.	12148

(b) The court imposing a prison term on an offender under	12149
division (D)(3)(a) of this section may impose an additional prison	12150
term of one, two, three, four, five, six, seven, eight, nine, or	12151
ten years, if the court, with respect to the term imposed under	12152
division (D)(3)(a) of this section and, if applicable, divisions	12153
(D)(1) and (2) of this section, makes both of the findings set	12154
forth in divisions (D)(2)(a)(iv) and (v) of this section.	12155

(4) If the offender is being sentenced for a third or fourth	12156
degree felony OVI offense under division (G)(2) of section 2929.13	12157
of the Revised Code, the sentencing court shall impose upon the	12158
offender a mandatory prison term in accordance with that division.	12159
In addition to the mandatory prison term, if the offender is being	12160
sentenced for a fourth degree felony OVI offense, the court,	12161
notwithstanding division (A)(4) of this section, may sentence the	12162
offender to a definite prison term of not less than six months and	12163
not more than thirty months, and if the offender is being	12164
sentenced for a third degree felony OVI offense, the sentencing	12165
court may sentence the offender to an additional prison term of	12166
any duration specified in division (A)(3) of this section. In	12167
either case, the additional prison term imposed shall be reduced	12168
by the sixty or one hundred twenty days imposed upon the offender	12169
as the mandatory prison term. The total of the additional prison	12170
term imposed under division (D)(4) of this section plus the sixty	12171
or one hundred twenty days imposed as the mandatory prison term	12172
shall equal a definite term in the range of six months to thirty	12173
months for a fourth degree felony OVI offense and shall equal one	12174
of the authorized prison terms specified in division (A)(3) of	12175
this section for a third degree felony OVI offense. If the court	12176
imposes an additional prison term under division (D)(B)(4) of this	12177
section, the offender shall serve the additional prison term after	12178
the offender has served the mandatory prison term required for the	12179
offense. In addition to the mandatory prison term or mandatory and	12180
additional prison term imposed as described in division (D)(B)(4)	12181
of this section, the court also may sentence the offender to a	12182
community control sanction under section 2929.16 or 2929.17 of the	12183
Revised Code, but the offender shall serve all of the prison terms	12184
so imposed prior to serving the community control sanction.	12185

If the offender is being sentenced for a fourth degree felony	12186
OVI offense under division (G)(1) of section 2929.13 of the	12187
Revised Code and the court imposes a mandatory term of local	12188
incarceration, the court may impose a prison term as described in	12189
division (A)(1) of that section.	12190

(5) If an offender is convicted of or pleads guilty to a	12191
violation of division (A)(1) or (2) of section 2903.06 of the	12192
Revised Code and also is convicted of or pleads guilty to a	12193
specification of the type described in section 2941.1414 of the	12194
Revised Code that charges that the victim of the offense is a	12195
peace officer, as defined in section 2935.01 of the Revised Code,	12196
or an investigator of the bureau of criminal identification and	12197
investigation, as defined in section 2903.11 of the Revised Code,	12198
the court shall impose on the offender a prison term of five	12199
years. If a court imposes a prison term on an offender under	12200
division (D)(B)(5) of this section, the prison term, subject to	12201
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	12202
not be reduced pursuant to section 2929.20, section 2967.19,	12203
section 2967.193, or any other provision of Chapter 2967. or	12204
Chapter 5120. of the Revised Code. A court shall not impose more	12205
than one prison term on an offender under division (D)(B)(5) of	12206
this section for felonies committed as part of the same act.	12207

(6) If an offender is convicted of or pleads guilty to a	12208
violation of division (A)(1) or (2) of section 2903.06 of the	12209
Revised Code and also is convicted of or pleads guilty to a	12210
specification of the type described in section 2941.1415 of the	12211
Revised Code that charges that the offender previously has been	12212
convicted of or pleaded guilty to three or more violations of	12213
division (A) or (B) of section 4511.19 of the Revised Code or an	12214
equivalent offense, as defined in section 2941.1415 of the Revised	12215
Code, or three or more violations of any combination of those	12216
divisions and offenses, the court shall impose on the offender a	12217
prison term of three years. If a court imposes a prison term on an	12218
offender under division (D)(B)(6) of this section, the prison	12219
term, subject to divisions (C) to (I) of section 2967.19 of the	12220
Revised Code, shall not be reduced pursuant to section 2929.20,	12221
section 2967.19, section 2967.193, or any other provision of	12222
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	12223
not impose more than one prison term on an offender under division	12224
(D)(B)(6) of this section for felonies committed as part of the	12225
same act.	12226

(7)(a) If an offender is convicted of or pleads guilty to a	12227
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	12228
2923.32, division (A)(1) or (2) of section 2907.323, or division	12229
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	12230
Code and also is convicted of or pleads guilty to a specification	12231
of the type described in section 2941.1422 of the Revised Code	12232
that charges that the offender knowingly committed the offense in	12233
furtherance of human trafficking, the court shall impose on the	12234
offender a mandatory prison term that is one of the following:	12235

(i) If the offense is a felony of the first degree, a	12236
definite prison term of not less than five years and not greater	12237
than ten years;	12238

(ii) If the offense is a felony of the second or third	12239
degree, a definite prison term of not less than three years and	12240
not greater than the maximum prison term allowed for the offense	12241
by division (A) of section 2929.14 of the Revised Code;	12242

(iii) If the offense is a felony of the fourth or fifth	12243
degree, a definite prison term that is the maximum prison term	12244
allowed for the offense by division (A) of section 2929.14 of the	12245
Revised Code.	12246

(b) TheSubject to divisions (C) to (I) of section 2967.19 of	12247
the Revised Code, the prison term imposed under division	12248
(D)(B)(7)(a) of this section shall not be reduced pursuant to	12249
section 2929.20, section 2967.19, section 2967.193, or any other	12250
provision of Chapter 2967. of the Revised Code. A court shall not	12251
impose more than one prison term on an offender under division	12252
(D)(B)(7)(a) of this section for felonies committed as part of the	12253
same act, scheme, or plan.	12254

(8) If an offender is convicted of or pleads guilty to a	12255
felony violation of section 2903.11, 2903.12, or 2903.13 of the	12256
Revised Code and also is convicted of or pleads guilty to a	12257
specification of the type described in section 2941.1423 of the	12258
Revised Code that charges that the victim of the violation was a	12259
woman whom the offender knew was pregnant at the time of the	12260
violation, notwithstanding the range of prison terms prescribed in	12261
division (A) of this section for felonies of the same degree as	12262
the violation, the court shall impose on the offender a mandatory	12263
prison term that is either a definite prison term of six months or	12264
one of the prison terms prescribed in section 2929.14 of the	12265
Revised Code for felonies of the same degree as the violation.	12266

(E)(C)(1)(a) Subject to division (E)(C)(1)(b) of this	12267
section, if a mandatory prison term is imposed upon an offender	12268
pursuant to division (D)(B)(1)(a) of this section for having a	12269
firearm on or about the offender's person or under the offender's	12270
control while committing a felony, if a mandatory prison term is	12271
imposed upon an offender pursuant to division (D)(B)(1)(c) of this	12272
section for committing a felony specified in that division by	12273
discharging a firearm from a motor vehicle, or if both types of	12274
mandatory prison terms are imposed, the offender shall serve any	12275
mandatory prison term imposed under either division consecutively	12276
to any other mandatory prison term imposed under either division	12277
or under division (D)(B)(1)(d) of this section, consecutively to	12278
and prior to any prison term imposed for the underlying felony	12279
pursuant to division (A), (D)(B)(2), or (D)(B)(3) of this section	12280
or any other section of the Revised Code, and consecutively to any	12281
other prison term or mandatory prison term previously or	12282
subsequently imposed upon the offender.	12283

(b) If a mandatory prison term is imposed upon an offender	12284
pursuant to division (D)(B)(1)(d) of this section for wearing or	12285
carrying body armor while committing an offense of violence that	12286
is a felony, the offender shall serve the mandatory term so	12287
imposed consecutively to any other mandatory prison term imposed	12288
under that division or under division (D)(B)(1)(a) or (c) of this	12289
section, consecutively to and prior to any prison term imposed for	12290
the underlying felony under division (A), (D)(B)(2), or (D)(B)(3)	12291
of this section or any other section of the Revised Code, and	12292
consecutively to any other prison term or mandatory prison term	12293
previously or subsequently imposed upon the offender.	12294

(c) If a mandatory prison term is imposed upon an offender	12295
pursuant to division (D)(B)(1)(f) of this section, the offender	12296
shall serve the mandatory prison term so imposed consecutively to	12297
and prior to any prison term imposed for the underlying felony	12298
under division (A), (D)(B)(2), or (D)(B)(3) of this section or any	12299
other section of the Revised Code, and consecutively to any other	12300
prison term or mandatory prison term previously or subsequently	12301
imposed upon the offender.	12302

(d) If a mandatory prison term is imposed upon an offender	12303
pursuant to division (D)(B)(7) or (8) of this section, the	12304
offender shall serve the mandatory prison term so imposed	12305
consecutively to any other mandatory prison term imposed under	12306
that division or under any other provision of law and	12307
consecutively to any other prison term or mandatory prison term	12308
previously or subsequently imposed upon the offender.	12309

(2) If an offender who is an inmate in a jail, prison, or	12310
other residential detention facility violates section 2917.02,	12311
2917.03, 2921.34, or 2921.35 of the Revised Code or division	12312
(A)(1) or (2) of section 2921.34 of the Revised Code, if an	12313
offender who is under detention at a detention facility commits a	12314
felony violation of section 2923.131 of the Revised Code, or if an	12315
offender who is an inmate in a jail, prison, or other residential	12316
detention facility or is under detention at a detention facility	12317
commits another felony while the offender is an escapee in	12318
violation of division (A)(1) or (2) of section 2921.34 of the	12319
Revised Code, any prison term imposed upon the offender for one of	12320
those violations shall be served by the offender consecutively to	12321
the prison term or term of imprisonment the offender was serving	12322
when the offender committed that offense and to any other prison	12323
term previously or subsequently imposed upon the offender.	12324

(3) If a prison term is imposed for a violation of division	12325
(B) of section 2911.01 of the Revised Code, a violation of	12326
division (A) of section 2913.02 of the Revised Code in which the	12327
stolen property is a firearm or dangerous ordnance, or a felony	12328
violation of division (B) of section 2921.331 of the Revised Code,	12329
the offender shall serve that prison term consecutively to any	12330
other prison term or mandatory prison term previously or	12331
subsequently imposed upon the offender.	12332

(4) If multiple prison terms are imposed on an offender for	12333
convictions of multiple offenses, the court may require the	12334
offender to serve the prison terms consecutively if the court	12335
finds that the consecutive service is necessary to protect the	12336
public from future crime or to punish the offender and that	12337
consecutive sentences are not disproportionate to the seriousness	12338
of the offender's conduct and to the danger the offender poses to	12339
the public, and if the court also finds any of the following:	12340

(a) The offender committed one or more of the multiple	12341
offenses while the offender was awaiting trial or sentencing, was	12342
under a sanction imposed pursuant to section 2929.16, 2929.17, or	12343
2929.18 of the Revised Code, or was under post-release control for	12344
a prior offense.	12345

(b) At least two of the multiple offenses were committed as	12346
part of one or more courses of conduct, and the harm caused by two	12347
or more of the multiple offenses so committed was so great or	12348
unusual that no single prison term for any of the offenses	12349
committed as part of any of the courses of conduct adequately	12350
reflects the seriousness of the offender's conduct.	12351

(c) The offender's history of criminal conduct demonstrates	12352
that consecutive sentences are necessary to protect the public	12353
from future crime by the offender.If multiple prison terms are	12354
imposed on an offender for convictions of multiple offenses, the	12355
court may require the offender to serve the prison terms	12356
consecutively if the court finds that the consecutive service is	12357
necessary to protect the public from future crime or to punish the	12358
offender and that consecutive sentences are not disproportionate	12359
to the seriousness of the offender's conduct and to the danger the	12360
offender poses to the public, and if the court also finds any of	12361
the following:	12362

(a) The offender committed one or more of the multiple	12363
offenses while the offender was awaiting trial or sentencing, was	12364
under a sanction imposed pursuant to section 2929.16, 2929.17, or	12365
2929.18 of the Revised Code, or was under post-release control for	12366
a prior offense.	12367

(b) At least two of the multiple offenses were committed as	12368
part of one or more courses of conduct, and the harm caused by two	12369
or more of the multiple offenses so committed was so great or	12370
unusual that no single prison term for any of the offenses	12371
committed as part of any of the courses of conduct adequately	12372
reflects the seriousness of the offender's conduct.	12373

(c) The offender's history of criminal conduct demonstrates	12374
that consecutive sentences are necessary to protect the public	12375
from future crime by the offender.	12376

(5) If a mandatory prison term is imposed upon an offender	12377
pursuant to division (D)(B)(5) or (6) of this section, the	12378
offender shall serve the mandatory prison term consecutively to	12379
and prior to any prison term imposed for the underlying violation	12380
of division (A)(1) or (2) of section 2903.06 of the Revised Code	12381
pursuant to division (A) of this section or section 2929.142 of	12382
the Revised Code. If a mandatory prison term is imposed upon an	12383
offender pursuant to division (D)(B)(5) of this section, and if a	12384
mandatory prison term also is imposed upon the offender pursuant	12385
to division (D)(B)(6) of this section in relation to the same	12386
violation, the offender shall serve the mandatory prison term	12387
imposed pursuant to division (D)(B)(5) of this section	12388
consecutively to and prior to the mandatory prison term imposed	12389
pursuant to division (D)(B)(6) of this section and consecutively	12390
to and prior to any prison term imposed for the underlying	12391
violation of division (A)(1) or (2) of section 2903.06 of the	12392
Revised Code pursuant to division (A) of this section or section	12393
2929.142 of the Revised Code.	12394

(6) When consecutive prison terms are imposed pursuant to	12395
division (E)(C)(1), (2), (3), (4), or (5) or division (J)(H)(1) or	12396
(2) of this section, the term to be served is the aggregate of all	12397
of the terms so imposed.	12398

(F)(D)(1) If a court imposes a prison term for a felony of	12399
the first degree, for a felony of the second degree, for a felony	12400
sex offense, or for a felony of the third degree that is not a	12401
felony sex offense and in the commission of which the offender	12402
caused or threatened to cause physical harm to a person, it shall	12403
include in the sentence a requirement that the offender be subject	12404
to a period of post-release control after the offender's release	12405
from imprisonment, in accordance with that division. If a court	12406
imposes a sentence including a prison term of a type described in	12407
this division on or after July 11, 2006, the failure of a court to	12408
include a post-release control requirement in the sentence	12409
pursuant to this division does not negate, limit, or otherwise	12410
affect the mandatory period of post-release control that is	12411
required for the offender under division (B) of section 2967.28 of	12412
the Revised Code. Section 2929.191 of the Revised Code applies if,	12413
prior to July 11, 2006, a court imposed a sentence including a	12414
prison term of a type described in this division and failed to	12415
include in the sentence pursuant to this division a statement	12416
regarding post-release control.	12417

(2) If a court imposes a prison term for a felony of the	12418
third, fourth, or fifth degree that is not subject to division	12419
(F)(D)(1) of this section, it shall include in the sentence a	12420
requirement that the offender be subject to a period of	12421
post-release control after the offender's release from	12422
imprisonment, in accordance with that division, if the parole	12423
board determines that a period of post-release control is	12424
necessary. Section 2929.191 of the Revised Code applies if, prior	12425
to July 11, 2006, a court imposed a sentence including a prison	12426
term of a type described in this division and failed to include in	12427
the sentence pursuant to this division a statement regarding	12428
post-release control.	12429

(3) If a court imposes a prison term on or after the	12430
effective date of this amendment for a felony, it shall include in	12431
the sentence a statement notifying the offender that the offender	12432
may be eligible to earn days of credit under the circumstances	12433
specified in section 2967.193 of the Revised Code. The statement	12434
also shall notify the offender that days of credit are not	12435
automatically awarded under that section, but that they must be	12436
earned in the manner specified in that section. If a court fails	12437
to include the statement in the sentence, the failure does not	12438
affect the eligibility of the offender under section 2967.193 of	12439
the Revised Code to earn any days of credit as a deduction from	12440
the offender's stated prison term or otherwise render any part of	12441
that section or any action taken under that section void or	12442
voidable. The failure of a court to include in a sentence the	12443
statement described in this division does not constitute grounds	12444
for setting aside the offender's conviction or sentence or for	12445
granting postconviction relief to the offender.	12446

(G)(E) The court shall impose sentence upon the offender in	12447
accordance with section 2971.03 of the Revised Code, and Chapter	12448
2971. of the Revised Code applies regarding the prison term or	12449
term of life imprisonment without parole imposed upon the offender	12450
and the service of that term of imprisonment if any of the	12451
following apply:	12452

(1) A person is convicted of or pleads guilty to a violent	12453
sex offense or a designated homicide, assault, or kidnapping	12454
offense, and, in relation to that offense, the offender is	12455
adjudicated a sexually violent predator.	12456

(2) A person is convicted of or pleads guilty to a violation	12457
of division (A)(1)(b) of section 2907.02 of the Revised Code	12458
committed on or after January 2, 2007, and either the court does	12459
not impose a sentence of life without parole when authorized	12460
pursuant to division (B) of section 2907.02 of the Revised Code,	12461
or division (B) of section 2907.02 of the Revised Code provides	12462
that the court shall not sentence the offender pursuant to section	12463
2971.03 of the Revised Code.	12464

(3) A person is convicted of or pleads guilty to attempted	12465
rape committed on or after January 2, 2007, and a specification of	12466
the type described in section 2941.1418, 2941.1419, or 2941.1420	12467
of the Revised Code.	12468

(4) A person is convicted of or pleads guilty to a violation	12469
of section 2905.01 of the Revised Code committed on or after	12470
January 1, 2008, and that section requires the court to sentence	12471
the offender pursuant to section 2971.03 of the Revised Code.	12472

(5) A person is convicted of or pleads guilty to aggravated	12473
murder committed on or after January 1, 2008, and division	12474
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	12475
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or	12476
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	12477
2929.06 of the Revised Code requires the court to sentence the	12478
offender pursuant to division (B)(3) of section 2971.03 of the	12479
Revised Code.	12480

(6) A person is convicted of or pleads guilty to murder	12481
committed on or after January 1, 2008, and division (B)(2) of	12482
section 2929.02 of the Revised Code requires the court to sentence	12483
the offender pursuant to section 2971.03 of the Revised Code.	12484

(H)(F) If a person who has been convicted of or pleaded	12485
guilty to a felony is sentenced to a prison term or term of	12486
imprisonment under this section, sections 2929.02 to 2929.06 of	12487
the Revised Code, section 2929.142 of the Revised Code, section	12488
2971.03 of the Revised Code, or any other provision of law,	12489
section 5120.163 of the Revised Code applies regarding the person	12490
while the person is confined in a state correctional institution.	12491

(I)(G) If an offender who is convicted of or pleads guilty to	12492
a felony that is an offense of violence also is convicted of or	12493
pleads guilty to a specification of the type described in section	12494
2941.142 of the Revised Code that charges the offender with having	12495
committed the felony while participating in a criminal gang, the	12496
court shall impose upon the offender an additional prison term of	12497
one, two, or three years.	12498

(J)(H)(1) If an offender who is convicted of or pleads guilty	12499
to aggravated murder, murder, or a felony of the first, second, or	12500
third degree that is an offense of violence also is convicted of	12501
or pleads guilty to a specification of the type described in	12502
section 2941.143 of the Revised Code that charges the offender	12503
with having committed the offense in a school safety zone or	12504
towards a person in a school safety zone, the court shall impose	12505
upon the offender an additional prison term of two years. The	12506
offender shall serve the additional two years consecutively to and	12507
prior to the prison term imposed for the underlying offense.	12508

(2)(a) If an offender is convicted of or pleads guilty to a	12509
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	12510
of the Revised Code and to a specification of the type described	12511
in section 2941.1421 of the Revised Code and if the court imposes	12512
a prison term on the offender for the felony violation, the court	12513
may impose upon the offender an additional prison term as follows:	12514

(i) Subject to division (J)(H)(2)(a)(ii) of this section, an	12515
additional prison term of one, two, three, four, five, or six	12516
months;	12517

(ii) If the offender previously has been convicted of or	12518
pleaded guilty to one or more felony or misdemeanor violations of	12519
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	12520
Revised Code and also was convicted of or pleaded guilty to a	12521
specification of the type described in section 2941.1421 of the	12522
Revised Code regarding one or more of those violations, an	12523
additional prison term of one, two, three, four, five, six, seven,	12524
eight, nine, ten, eleven, or twelve months.	12525

(b) In lieu of imposing an additional prison term under	12526
division (J)(H)(2)(a) of this section, the court may directly	12527
impose on the offender a sanction that requires the offender to	12528
wear a real-time processing, continual tracking electronic	12529
monitoring device during the period of time specified by the	12530
court. The period of time specified by the court shall equal the	12531
duration of an additional prison term that the court could have	12532
imposed upon the offender under division (J)(H)(2)(a) of this	12533
section. A sanction imposed under this division shall commence on	12534
the date specified by the court, provided that the sanction shall	12535
not commence until after the offender has served the prison term	12536
imposed for the felony violation of section 2907.22, 2907.24,	12537
2907.241, or 2907.25 of the Revised Code and any residential	12538
sanction imposed for the violation under section 2929.16 of the	12539
Revised Code. A sanction imposed under this division shall be	12540
considered to be a community control sanction for purposes of	12541
section 2929.15 of the Revised Code, and all provisions of the	12542
Revised Code that pertain to community control sanctions shall	12543
apply to a sanction imposed under this division, except to the	12544
extent that they would by their nature be clearly inapplicable.	12545
The offender shall pay all costs associated with a sanction	12546
imposed under this division, including the cost of the use of the	12547
monitoring device.	12548

(K)(I)(1) At the time of sentencing, the court may recommend	12549
the offender for placement in a program of shock incarceration	12550
under section 5120.031 of the Revised Code or for placement in an	12551
intensive program prison under section 5120.032 of the Revised	12552
Code, disapprove placement of the offender in a program of shock	12553
incarceration or an intensive program prison of that nature, or	12554
make no recommendation on placement of the offender. In no case	12555
shall the department of rehabilitation and correction place the	12556
offender in a program or prison of that nature unless the	12557
department determines as specified in section 5120.031 or 5120.032	12558
of the Revised Code, whichever is applicable, that the offender is	12559
eligible for the placement.	12560

If the court disapproves placement of the offender in a	12561
program or prison of that nature, the department of rehabilitation	12562
and correction shall not place the offender in any program of	12563
shock incarceration or intensive program prison.	12564

If the court recommends placement of the offender in a	12565
program of shock incarceration or in an intensive program prison,	12566
and if the offender is subsequently placed in the recommended	12567
program or prison, the department shall notify the court of the	12568
placement and shall include with the notice a brief description of	12569
the placement.	12570

If the court recommends placement of the offender in a	12571
program of shock incarceration or in an intensive program prison	12572
and the department does not subsequently place the offender in the	12573
recommended program or prison, the department shall send a notice	12574
to the court indicating why the offender was not placed in the	12575
recommended program or prison.	12576

If the court does not make a recommendation under this	12577
division with respect to an offender and if the department	12578
determines as specified in section 5120.031 or 5120.032 of the	12579
Revised Code, whichever is applicable, that the offender is	12580
eligible for placement in a program or prison of that nature, the	12581
department shall screen the offender and determine if there is an	12582
available program of shock incarceration or an intensive program	12583
prison for which the offender is suited. If there is an available	12584
program of shock incarceration or an intensive program prison for	12585
which the offender is suited, the department shall notify the	12586
court of the proposed placement of the offender as specified in	12587
section 5120.031 or 5120.032 of the Revised Code and shall include	12588
with the notice a brief description of the placement. The court	12589
shall have ten days from receipt of the notice to disapprove the	12590
placement.	12591

(L) If a person is convicted of or pleads guilty to	12592
aggravated vehicular homicide in violation of division (A)(1) of	12593
section 2903.06 of the Revised Code and division (B)(2)(c) of that	12594
section applies, the person shall be sentenced pursuant to section	12595
2929.142 of the Revised Code.	12596

Sec. 2929.143.  (A) When a court sentences an offender who is	12597
convicted of a felony to a term of incarceration in a state	12598
correctional institution, the court may recommend that the	12599
offender serve a risk reduction sentence under section 5120.036 of	12600
the Revised Code if the court determines that a risk reduction	12601
sentence is appropriate, and all of the following apply:	12602

(1) The offense for which the offender is being sentenced is	12603
not aggravated murder, murder, complicity in committing aggravated	12604
murder or murder, an offense of violence that is a felony of the	12605
first or second degree, a sexually oriented offense, or an attempt	12606
or conspiracy to commit or complicity in committing any offense	12607
otherwise identified in this division if the attempt, conspiracy,	12608
or complicity is a felony of the first or second degree.	12609

(2) The offender's sentence to the term of incarceration does	12610
not consist solely of one or more mandatory prison terms.	12611

(3) The offender agrees to cooperate with an assessment of	12612
the offender's needs and risk of reoffending that the department	12613
of rehabilitation and correction conducts under section 5120.036	12614
of the Revised Code.	12615

(4) The offender agrees to participate in any programming or	12616
treatment that the department of rehabilitation and correction	12617
orders to address any issues raised in the assessment described in	12618
division (A)(3) of this section.	12619

(B) An offender who is serving a risk reduction sentence is	12620
not entitled to any earned credit under section 2967.193 of the	12621
Revised Code.	12622

Sec. 2929.15.  (A)(1) If in sentencing an offender for a	12623
felony the court is not required to impose a prison term, a	12624
mandatory prison term, or a term of life imprisonment upon the	12625
offender, the court may directly impose a sentence that consists	12626
of one or more community control sanctions authorized pursuant to	12627
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	12628
court is sentencing an offender for a fourth degree felony OVI	12629
offense under division (G)(1) of section 2929.13 of the Revised	12630
Code, in addition to the mandatory term of local incarceration	12631
imposed under that division and the mandatory fine required by	12632
division (B)(3) of section 2929.18 of the Revised Code, the court	12633
may impose upon the offender a community control sanction or	12634
combination of community control sanctions in accordance with	12635
sections 2929.16 and 2929.17 of the Revised Code. If the court is	12636
sentencing an offender for a third or fourth degree felony OVI	12637
offense under division (G)(2) of section 2929.13 of the Revised	12638
Code, in addition to the mandatory prison term or mandatory prison	12639
term and additional prison term imposed under that division, the	12640
court also may impose upon the offender a community control	12641
sanction or combination of community control sanctions under	12642
section 2929.16 or 2929.17 of the Revised Code, but the offender	12643
shall serve all of the prison terms so imposed prior to serving	12644
the community control sanction.	12645

The duration of all community control sanctions imposed upon	12646
an offender under this division shall not exceed five years. If	12647
the offender absconds or otherwise leaves the jurisdiction of the	12648
court in which the offender resides without obtaining permission	12649
from the court or the offender's probation officer to leave the	12650
jurisdiction of the court, or if the offender is confined in any	12651
institution for the commission of any offense while under a	12652
community control sanction, the period of the community control	12653
sanction ceases to run until the offender is brought before the	12654
court for its further action. If the court sentences the offender	12655
to one or more nonresidential sanctions under section 2929.17 of	12656
the Revised Code, the court shall impose as a condition of the	12657
nonresidential sanctions that, during the period of the sanctions,	12658
the offender must abide by the law and must not leave the state	12659
without the permission of the court or the offender's probation	12660
officer. The court may impose any other conditions of release	12661
under a community control sanction that the court considers	12662
appropriate, including, but not limited to, requiring that the	12663
offender not ingest or be injected with a drug of abuse and submit	12664
to random drug testing as provided in division (D) of this section	12665
to determine whether the offender ingested or was injected with a	12666
drug of abuse and requiring that the results of the drug test	12667
indicate that the offender did not ingest or was not injected with	12668
a drug of abuse.	12669

(2)(a) If a court sentences an offender to any community	12670
control sanction or combination of community control sanctions	12671
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	12672
Revised Code, the court shall place the offender under the general	12673
control and supervision of a department of probation in the county	12674
that serves the court for purposes of reporting to the court a	12675
violation of any condition of the sanctions, any condition of	12676
release under a community control sanction imposed by the court, a	12677
violation of law, or the departure of the offender from this state	12678
without the permission of the court or the offender's probation	12679
officer. Alternatively, if the offender resides in another county	12680
and a county department of probation has been established in that	12681
county or that county is served by a multicounty probation	12682
department established under section 2301.27 of the Revised Code,	12683
the court may request the court of common pleas of that county to	12684
receive the offender into the general control and supervision of	12685
that county or multicounty department of probation for purposes of	12686
reporting to the court a violation of any condition of the	12687
sanctions, any condition of release under a community control	12688
sanction imposed by the court, a violation of law, or the	12689
departure of the offender from this state without the permission	12690
of the court or the offender's probation officer, subject to the	12691
jurisdiction of the trial judge over and with respect to the	12692
person of the offender, and to the rules governing that department	12693
of probation.	12694

If there is no department of probation in the county that	12695
serves the court, the court shall place the offender, regardless	12696
of the offender's county of residence, under the general control	12697
and supervision of the adult parole authority for purposes of	12698
reporting to the court a violation of any of the sanctions, any	12699
condition of release under a community control sanction imposed by	12700
the court, a violation of law, or the departure of the offender	12701
from this state without the permission of the court or the	12702
offender's probation officer.	12703

(b) If the court imposing sentence upon an offender sentences	12704
the offender to any community control sanction or combination of	12705
community control sanctions authorized pursuant to section	12706
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	12707
offender violates any condition of the sanctions, any condition of	12708
release under a community control sanction imposed by the court,	12709
violates any law, or departs the state without the permission of	12710
the court or the offender's probation officer, the public or	12711
private person or entity that operates or administers the sanction	12712
or the program or activity that comprises the sanction shall	12713
report the violation or departure directly to the sentencing	12714
court, or shall report the violation or departure to the county or	12715
multicounty department of probation with general control and	12716
supervision over the offender under division (A)(2)(a) of this	12717
section or the officer of that department who supervises the	12718
offender, or, if there is no such department with general control	12719
and supervision over the offender under that division, to the	12720
adult parole authority. If the public or private person or entity	12721
that operates or administers the sanction or the program or	12722
activity that comprises the sanction reports the violation or	12723
departure to the county or multicounty department of probation or	12724
the adult parole authority, the department's or authority's	12725
officers may treat the offender as if the offender were on	12726
probation and in violation of the probation, and shall report the	12727
violation of the condition of the sanction, any condition of	12728
release under a community control sanction imposed by the court,	12729
the violation of law, or the departure from the state without the	12730
required permission to the sentencing court.	12731

(3) If an offender who is eligible for community control	12732
sanctions under this section admits to being drug addicted or the	12733
court has reason to believe that the offender is drug addicted,	12734
and if the offense for which the offender is being sentenced was	12735
related to the addiction, the court may require that the offender	12736
be assessed by a properly credentialed professional within a	12737
specified period of time and shall require the professional to	12738
file a written assessment of the offender with the court. If a	12739
court imposes treatment and recovery support services as a	12740
community control sanction, the court shall direct the level and	12741
type of treatment and recovery support services after	12742
consideration of the written assessment, if available at the time	12743
of sentencing, and recommendations of the professional and other	12744
treatment and recovery support services providers.	12745

(4) If an assessment completed pursuant to division (A)(3) of	12746
this section indicates that the offender is addicted to drugs or	12747
alcohol, the court may include in any community control sanction	12748
imposed for a violation of section 2925.02, 2925.03, 2925.04,	12749
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	12750
2925.37 of the Revised Code a requirement that the offender	12751
participate in a treatment and recovery support services program	12752
certified under section 3793.06 of the Revised Code or offered by	12753
another properly credentialed program provider.	12754

(B)(1) If the conditions of a community control sanction are	12755
violated or if the offender violates a law or leaves the state	12756
without the permission of the court or the offender's probation	12757
officer, the sentencing court may impose upon the violator one or	12758
more of the following penalties:	12759

(a) A longer time under the same sanction if the total time	12760
under the sanctions does not exceed the five-year limit specified	12761
in division (A) of this section;	12762

(b) A more restrictive sanction under section 2929.16,	12763
2929.17, or 2929.18 of the Revised Code;	12764

(c) A prison term on the offender pursuant to section 2929.14	12765
of the Revised Code.	12766

(2) The prison term, if any, imposed upon a violator pursuant	12767
to this division shall be within the range of prison terms	12768
available for the offense for which the sanction that was violated	12769
was imposed and shall not exceed the prison term specified in the	12770
notice provided to the offender at the sentencing hearing pursuant	12771
to division (B)(3)(2) of section 2929.19 of the Revised Code. The	12772
court may reduce the longer period of time that the offender is	12773
required to spend under the longer sanction, the more restrictive	12774
sanction, or a prison term imposed pursuant to this division by	12775
the time the offender successfully spent under the sanction that	12776
was initially imposed.	12777

(C) If an offender, for a significant period of time,	12778
fulfills the conditions of a sanction imposed pursuant to section	12779
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	12780
manner, the court may reduce the period of time under the sanction	12781
or impose a less restrictive sanction, but the court shall not	12782
permit the offender to violate any law or permit the offender to	12783
leave the state without the permission of the court or the	12784
offender's probation officer.	12785

(D)(1) If a court under division (A)(1) of this section	12786
imposes a condition of release under a community control sanction	12787
that requires the offender to submit to random drug testing, the	12788
department of probation or the adult parole authority that has	12789
general control and supervision of the offender under division	12790
(A)(2)(a) of this section may cause the offender to submit to	12791
random drug testing performed by a laboratory or entity that has	12792
entered into a contract with any of the governmental entities or	12793
officers authorized to enter into a contract with that laboratory	12794
or entity under section 341.26, 753.33, or 5120.63 of the Revised	12795
Code.	12796

(2) If no laboratory or entity described in division (D)(1)	12797
of this section has entered into a contract as specified in that	12798
division, the department of probation or the adult parole	12799
authority that has general control and supervision of the offender	12800
under division (A)(2)(a) of this section shall cause the offender	12801
to submit to random drug testing performed by a reputable public	12802
laboratory to determine whether the individual who is the subject	12803
of the drug test ingested or was injected with a drug of abuse.	12804

(3) A laboratory or entity that has entered into a contract	12805
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	12806
shall perform the random drug tests under division (D)(1) of this	12807
section in accordance with the applicable standards that are	12808
included in the terms of that contract. A public laboratory shall	12809
perform the random drug tests under division (D)(2) of this	12810
section in accordance with the standards set forth in the policies	12811
and procedures established by the department of rehabilitation and	12812
correction pursuant to section 5120.63 of the Revised Code. An	12813
offender who is required under division (A)(1) of this section to	12814
submit to random drug testing as a condition of release under a	12815
community control sanction and whose test results indicate that	12816
the offender ingested or was injected with a drug of abuse shall	12817
pay the fee for the drug test if the department of probation or	12818
the adult parole authority that has general control and	12819
supervision of the offender requires payment of a fee. A	12820
laboratory or entity that performs the random drug testing on an	12821
offender under division (D)(1) or (2) of this section shall	12822
transmit the results of the drug test to the appropriate	12823
department of probation or the adult parole authority that has	12824
general control and supervision of the offender under division	12825
(A)(2)(a) of this section.	12826

Sec. 2929.19.  (A) The court shall hold a sentencing hearing	12827
before imposing a sentence under this chapter upon an offender who	12828
was convicted of or pleaded guilty to a felony and before	12829
resentencing an offender who was convicted of or pleaded guilty to	12830
a felony and whose case was remanded pursuant to section 2953.07	12831
or 2953.08 of the Revised Code. At the hearing, the offender, the	12832
prosecuting attorney, the victim or the victim's representative in	12833
accordance with section 2930.14 of the Revised Code, and, with the	12834
approval of the court, any other person may present information	12835
relevant to the imposition of sentence in the case. The court	12836
shall inform the offender of the verdict of the jury or finding of	12837
the court and ask the offender whether the offender has anything	12838
to say as to why sentence should not be imposed upon the offender.	12839

(B)(1) At the sentencing hearing, the court, before imposing	12840
sentence, shall consider the record, any information presented at	12841
the hearing by any person pursuant to division (A) of this	12842
section, and, if one was prepared, the presentence investigation	12843
report made pursuant to section 2951.03 of the Revised Code or	12844
Criminal Rule 32.2, and any victim impact statement made pursuant	12845
to section 2947.051 of the Revised Code.	12846

(2) The court shall impose a sentence and shall make a	12847
finding that gives its reasons for selecting the sentence imposed	12848
in any of the following circumstances:	12849

(a) Unless the offense is a violent sex offense or designated	12850
homicide, assault, or kidnapping offense for which the court is	12851
required to impose sentence pursuant to division (G) of section	12852
2929.14 of the Revised Code, if it imposes a prison term for a	12853
felony of the fourth or fifth degree or for a felony drug offense	12854
that is a violation of a provision of Chapter 2925. of the Revised	12855
Code and that is specified as being subject to division (B) of	12856
section 2929.13 of the Revised Code for purposes of sentencing,	12857
its reasons for imposing the prison term, based upon the	12858
overriding purposes and principles of felony sentencing set forth	12859
in section 2929.11 of the Revised Code, and any factors listed in	12860
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	12861
that it found to apply relative to the offender.	12862

(b) If it does not impose a prison term for a felony of the	12863
first or second degree or for a felony drug offense that is a	12864
violation of a provision of Chapter 2925. of the Revised Code and	12865
for which a presumption in favor of a prison term is specified as	12866
being applicable, its reasons for not imposing the prison term and	12867
for overriding the presumption, based upon the overriding purposes	12868
and principles of felony sentencing set forth in section 2929.11	12869
of the Revised Code, and the basis of the findings it made under	12870
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	12871

(c) If it imposes consecutive sentences under section 2929.14	12872
of the Revised Code, its reasons for imposing the consecutive	12873
sentences;	12874

(d) If the sentence is for one offense and it imposes a	12875
prison term for the offense that is the maximum prison term	12876
allowed for that offense by division (A) of section 2929.14 of the	12877
Revised Code or section 2929.142 of the Revised Code, its reasons	12878
for imposing the maximum prison term;	12879

(e) If the sentence is for two or more offenses arising out	12880
of a single incident and it imposes a prison term for those	12881
offenses that is the maximum prison term allowed for the offense	12882
of the highest degree by division (A) of section 2929.14 of the	12883
Revised Code or section 2929.142 of the Revised Code, its reasons	12884
for imposing the maximum prison term.	12885

(3) Subject to division (B)(4)(3) of this section, if the	12886
sentencing court determines at the sentencing hearing that a	12887
prison term is necessary or required, the court shall do all of	12888
the following:	12889

(a) Impose a stated prison term and, if the court imposes a	12890
mandatory prison term, notify the offender that the prison term is	12891
a mandatory prison term;	12892

(b) In addition to any other information, include in the	12893
sentencing entry the name and section reference to the offense or	12894
offenses, the sentence or sentences imposed and whether the	12895
sentence or sentences contain mandatory prison terms, if sentences	12896
are imposed for multiple counts whether the sentences are to be	12897
served concurrently or consecutively, and the name and section	12898
reference of any specification or specifications for which	12899
sentence is imposed and the sentence or sentences imposed for the	12900
specification or specifications;	12901

(c) Notify the offender that the offender will be supervised	12902
under section 2967.28 of the Revised Code after the offender	12903
leaves prison if the offender is being sentenced for a felony of	12904
the first degree or second degree, for a felony sex offense, or	12905
for a felony of the third degree that is not a felony sex offense	12906
and in the commission of which the offender caused or threatened	12907
to cause physical harm to a person. If a court imposes a sentence	12908
including a prison term of a type described in division	12909
(B)(3)(2)(c) of this section on or after July 11, 2006, the	12910
failure of a court to notify the offender pursuant to division	12911
(B)(3)(2)(c) of this section that the offender will be supervised	12912
under section 2967.28 of the Revised Code after the offender	12913
leaves prison or to include in the judgment of conviction entered	12914
on the journal a statement to that effect does not negate, limit,	12915
or otherwise affect the mandatory period of supervision that is	12916
required for the offender under division (B) of section 2967.28 of	12917
the Revised Code. Section 2929.191 of the Revised Code applies if,	12918
prior to July 11, 2006, a court imposed a sentence including a	12919
prison term of a type described in division (B)(3)(2)(c) of this	12920
section and failed to notify the offender pursuant to division	12921
(B)(3)(2)(c) of this section regarding post-release control or to	12922
include in the judgment of conviction entered on the journal or in	12923
the sentence a statement regarding post-release control.	12924

(d) Notify the offender that the offender may be supervised	12925
under section 2967.28 of the Revised Code after the offender	12926
leaves prison if the offender is being sentenced for a felony of	12927
the third, fourth, or fifth degree that is not subject to division	12928
(B)(3)(2)(c) of this section. Section 2929.191 of the Revised Code	12929
applies if, prior to July 11, 2006, a court imposed a sentence	12930
including a prison term of a type described in division	12931
(B)(3)(2)(d) of this section and failed to notify the offender	12932
pursuant to division (B)(3)(2)(d) of this section regarding	12933
post-release control or to include in the judgment of conviction	12934
entered on the journal or in the sentence a statement regarding	12935
post-release control.	12936

(e) Notify the offender that, if a period of supervision is	12937
imposed following the offender's release from prison, as described	12938
in division (B)(3)(2)(c) or (d) of this section, and if the	12939
offender violates that supervision or a condition of post-release	12940
control imposed under division (B) of section 2967.131 of the	12941
Revised Code, the parole board may impose a prison term, as part	12942
of the sentence, of up to one-half of the stated prison term	12943
originally imposed upon the offender. If a court imposes a	12944
sentence including a prison term on or after July 11, 2006, the	12945
failure of a court to notify the offender pursuant to division	12946
(B)(3)(2)(e) of this section that the parole board may impose a	12947
prison term as described in division (B)(3)(2)(e) of this section	12948
for a violation of that supervision or a condition of post-release	12949
control imposed under division (B) of section 2967.131 of the	12950
Revised Code or to include in the judgment of conviction entered	12951
on the journal a statement to that effect does not negate, limit,	12952
or otherwise affect the authority of the parole board to so impose	12953
a prison term for a violation of that nature if, pursuant to	12954
division (D)(1) of section 2967.28 of the Revised Code, the parole	12955
board notifies the offender prior to the offender's release of the	12956
board's authority to so impose a prison term. Section 2929.191 of	12957
the Revised Code applies if, prior to July 11, 2006, a court	12958
imposed a sentence including a prison term and failed to notify	12959
the offender pursuant to division (B)(3)(2)(e) of this section	12960
regarding the possibility of the parole board imposing a prison	12961
term for a violation of supervision or a condition of post-release	12962
control.	12963

(f) Require that the offender not ingest or be injected with	12964
a drug of abuse and submit to random drug testing as provided in	12965
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	12966
is applicable to the offender who is serving a prison term, and	12967
require that the results of the drug test administered under any	12968
of those sections indicate that the offender did not ingest or was	12969
not injected with a drug of abuse.	12970

(g) Include in the offender's sentence a statement notifying	12971
the offender of the information described in division (F)(3) of	12972
section 2929.14 of the Revised Code regarding earned credits under	12973
section 2967.193 of the Revised Code.	12974

(4)(3)(a) The court shall include in the offender's sentence	12975
a statement that the offender is a tier III sex	12976
offender/child-victim offender, and the court shall comply with	12977
the requirements of section 2950.03 of the Revised Code if any of	12978
the following apply:	12979

(i) The offender is being sentenced for a violent sex offense	12980
or designated homicide, assault, or kidnapping offense that the	12981
offender committed on or after January 1, 1997, and the offender	12982
is adjudicated a sexually violent predator in relation to that	12983
offense.	12984

(ii) The offender is being sentenced for a sexually oriented	12985
offense that the offender committed on or after January 1, 1997,	12986
and the offender is a tier III sex offender/child-victim offender	12987
relative to that offense.	12988

(iii) The offender is being sentenced on or after July 31,	12989
2003, for a child-victim oriented offense, and the offender is a	12990
tier III sex offender/child-victim offender relative to that	12991
offense.	12992

(iv) The offender is being sentenced under section 2971.03 of	12993
the Revised Code for a violation of division (A)(1)(b) of section	12994
2907.02 of the Revised Code committed on or after January 2, 2007.	12995

(v) The offender is sentenced to a term of life without	12996
parole under division (B) of section 2907.02 of the Revised Code.	12997

(vi) The offender is being sentenced for attempted rape	12998
committed on or after January 2, 2007, and a specification of the	12999
type described in section 2941.1418, 2941.1419, or 2941.1420 of	13000
the Revised Code.	13001

(vii) The offender is being sentenced under division	13002
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	13003
for an offense described in those divisions committed on or after	13004
January 1, 2008.	13005

(b) Additionally, if any criterion set forth in divisions	13006
(B)(4)(3)(a)(i) to (vii) of this section is satisfied, in the	13007
circumstances described in division (G)(E) of section 2929.14 of	13008
the Revised Code, the court shall impose sentence on the offender	13009
as described in that division.	13010

(5)(4) If the sentencing court determines at the sentencing	13011
hearing that a community control sanction should be imposed and	13012
the court is not prohibited from imposing a community control	13013
sanction, the court shall impose a community control sanction. The	13014
court shall notify the offender that, if the conditions of the	13015
sanction are violated, if the offender commits a violation of any	13016
law, or if the offender leaves this state without the permission	13017
of the court or the offender's probation officer, the court may	13018
impose a longer time under the same sanction, may impose a more	13019
restrictive sanction, or may impose a prison term on the offender	13020
and shall indicate the specific prison term that may be imposed as	13021
a sanction for the violation, as selected by the court from the	13022
range of prison terms for the offense pursuant to section 2929.14	13023
of the Revised Code.	13024

(6)(5) Before imposing a financial sanction under section	13025
2929.18 of the Revised Code or a fine under section 2929.32 of the	13026
Revised Code, the court shall consider the offender's present and	13027
future ability to pay the amount of the sanction or fine.	13028

(7)(6) If the sentencing court sentences the offender to a	13029
sanction of confinement pursuant to section 2929.14 or 2929.16 of	13030
the Revised Code that is to be served in a local detention	13031
facility, as defined in section 2929.36 of the Revised Code, and	13032
if the local detention facility is covered by a policy adopted	13033
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	13034
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	13035
and section 2929.37 of the Revised Code, both of the following	13036
apply:	13037

(a) The court shall specify both of the following as part of	13038
the sentence:	13039

(i) If the offender is presented with an itemized bill	13040
pursuant to section 2929.37 of the Revised Code for payment of the	13041
costs of confinement, the offender is required to pay the bill in	13042
accordance with that section.	13043

(ii) If the offender does not dispute the bill described in	13044
division (B)(7)(6)(a)(i) of this section and does not pay the bill	13045
by the times specified in section 2929.37 of the Revised Code, the	13046
clerk of the court may issue a certificate of judgment against the	13047
offender as described in that section.	13048

(b) The sentence automatically includes any certificate of	13049
judgment issued as described in division (B)(7)(6)(a)(ii) of this	13050
section.	13051

(8)(7) The failure of the court to notify the offender that a	13052
prison term is a mandatory prison term pursuant to division	13053
(B)(3)(2)(a) of this section or to include in the sentencing entry	13054
any information required by division (B)(3)(2)(b) of this section	13055
does not affect the validity of the imposed sentence or sentences.	13056
If the sentencing court notifies the offender at the sentencing	13057
hearing that a prison term is mandatory but the sentencing entry	13058
does not specify that the prison term is mandatory, the court may	13059
complete a corrected journal entry and send copies of the	13060
corrected entry to the offender and the department of	13061
rehabilitation and correction, or, at the request of the state,	13062
the court shall complete a corrected journal entry and send copies	13063
of the corrected entry to the offender and department of	13064
rehabilitation and correction.	13065

(C)(1) If the offender is being sentenced for a fourth degree	13066
felony OVI offense under division (G)(1) of section 2929.13 of the	13067
Revised Code, the court shall impose the mandatory term of local	13068
incarceration in accordance with that division, shall impose a	13069
mandatory fine in accordance with division (B)(3) of section	13070
2929.18 of the Revised Code, and, in addition, may impose	13071
additional sanctions as specified in sections 2929.15, 2929.16,	13072
2929.17, and 2929.18 of the Revised Code. The court shall not	13073
impose a prison term on the offender except that the court may	13074
impose a prison term upon the offender as provided in division	13075
(A)(1) of section 2929.13 of the Revised Code.	13076

(2) If the offender is being sentenced for a third or fourth	13077
degree felony OVI offense under division (G)(2) of section 2929.13	13078
of the Revised Code, the court shall impose the mandatory prison	13079
term in accordance with that division, shall impose a mandatory	13080
fine in accordance with division (B)(3) of section 2929.18 of the	13081
Revised Code, and, in addition, may impose an additional prison	13082
term as specified in section 2929.14 of the Revised Code. In	13083
addition to the mandatory prison term or mandatory prison term and	13084
additional prison term the court imposes, the court also may	13085
impose a community control sanction on the offender, but the	13086
offender shall serve all of the prison terms so imposed prior to	13087
serving the community control sanction.	13088

(D) The sentencing court, pursuant to division (K)(I)(1) of	13089
section 2929.14 of the Revised Code, may recommend placement of	13090
the offender in a program of shock incarceration under section	13091
5120.031 of the Revised Code or an intensive program prison under	13092
section 5120.032 of the Revised Code, disapprove placement of the	13093
offender in a program or prison of that nature, or make no	13094
recommendation. If the court recommends or disapproves placement,	13095
it shall make a finding that gives its reasons for its	13096
recommendation or disapproval.	13097

Sec. 2929.191.  (A)(1) If, prior to the effective date of	13098
this sectionJuly 11, 2006, a court imposed a sentence including a	13099
prison term of a type described in division (B)(3)(2)(c) of	13100
section 2929.19 of the Revised Code and failed to notify the	13101
offender pursuant to that division that the offender will be	13102
supervised under section 2967.28 of the Revised Code after the	13103
offender leaves prison or to include a statement to that effect in	13104
the judgment of conviction entered on the journal or in the	13105
sentence pursuant to division (F)(D)(1) of section 2929.14 of the	13106
Revised Code, at any time before the offender is released from	13107
imprisonment under that term and at a hearing conducted in	13108
accordance with division (C) of this section, the court may	13109
prepare and issue a correction to the judgment of conviction that	13110
includes in the judgment of conviction the statement that the	13111
offender will be supervised under section 2967.28 of the Revised	13112
Code after the offender leaves prison.	13113

If, prior to the effective date of this sectionJuly 11,	13114
2006, a court imposed a sentence including a prison term of a type	13115
described in division (B)(3)(2)(d) of section 2929.19 of the	13116
Revised Code and failed to notify the offender pursuant to that	13117
division that the offender may be supervised under section 2967.28	13118
of the Revised Code after the offender leaves prison or to include	13119
a statement to that effect in the judgment of conviction entered	13120
on the journal or in the sentence pursuant to division (F)(D)(2)	13121
of section 2929.14 of the Revised Code, at any time before the	13122
offender is released from imprisonment under that term and at a	13123
hearing conducted in accordance with division (C) of this section,	13124
the court may prepare and issue a correction to the judgment of	13125
conviction that includes in the judgment of conviction the	13126
statement that the offender may be supervised under section	13127
2967.28 of the Revised Code after the offender leaves prison.	13128

(2) If a court prepares and issues a correction to a judgment	13129
of conviction as described in division (A)(1) of this section	13130
before the offender is released from imprisonment under the prison	13131
term the court imposed prior to the effective date of this section	13132
July 11, 2006, the court shall place upon the journal of the court	13133
an entry nunc pro tunc to record the correction to the judgment of	13134
conviction and shall provide a copy of the entry to the offender	13135
or, if the offender is not physically present at the hearing,	13136
shall send a copy of the entry to the department of rehabilitation	13137
and correction for delivery to the offender. If the court sends a	13138
copy of the entry to the department, the department promptly shall	13139
deliver a copy of the entry to the offender. The court's placement	13140
upon the journal of the entry nunc pro tunc before the offender is	13141
released from imprisonment under the term shall be considered, and	13142
shall have the same effect, as if the court at the time of	13143
original sentencing had included the statement in the sentence and	13144
the judgment of conviction entered on the journal and had notified	13145
the offender that the offender will be so supervised regarding a	13146
sentence including a prison term of a type described in division	13147
(B)(3)(2)(c) of section 2929.19 of the Revised Code or that the	13148
offender may be so supervised regarding a sentence including a	13149
prison term of a type described in division (B)(3)(2)(d) of that	13150
section.	13151

(B)(1) If, prior to the effective date of this sectionJuly	13152
11, 2006, a court imposed a sentence including a prison term and	13153
failed to notify the offender pursuant to division (B)(3)(2)(e) of	13154
section 2929.19 of the Revised Code regarding the possibility of	13155
the parole board imposing a prison term for a violation of	13156
supervision or a condition of post-release control or to include	13157
in the judgment of conviction entered on the journal a statement	13158
to that effect, at any time before the offender is released from	13159
imprisonment under that term and at a hearing conducted in	13160
accordance with division (C) of this section, the court may	13161
prepare and issue a correction to the judgment of conviction that	13162
includes in the judgment of conviction the statement that if a	13163
period of supervision is imposed following the offender's release	13164
from prison, as described in division (B)(3)(2)(c) or (d) of	13165
section 2929.19 of the Revised Code, and if the offender violates	13166
that supervision or a condition of post-release control imposed	13167
under division (B) of section 2967.131 of the Revised Code the	13168
parole board may impose as part of the sentence a prison term of	13169
up to one-half of the stated prison term originally imposed upon	13170
the offender.	13171

(2) If the court prepares and issues a correction to a	13172
judgment of conviction as described in division (B)(1) of this	13173
section before the offender is released from imprisonment under	13174
the term, the court shall place upon the journal of the court an	13175
entry nunc pro tunc to record the correction to the judgment of	13176
conviction and shall provide a copy of the entry to the offender	13177
or, if the offender is not physically present at the hearing,	13178
shall send a copy of the entry to the department of rehabilitation	13179
and correction for delivery to the offender. If the court sends a	13180
copy of the entry to the department, the department promptly shall	13181
deliver a copy of the entry to the offender. The court's placement	13182
upon the journal of the entry nunc pro tunc before the offender is	13183
released from imprisonment under the term shall be considered, and	13184
shall have the same effect, as if the court at the time of	13185
original sentencing had included the statement in the judgment of	13186
conviction entered on the journal and had notified the offender	13187
pursuant to division (B)(3)(2)(e) of section 2929.19 of the	13188
Revised Code regarding the possibility of the parole board	13189
imposing a prison term for a violation of supervision or a	13190
condition of post-release control.	13191

(C) On and after the effective date of this sectionJuly 11,	13192
2006, a court that wishes to prepare and issue a correction to a	13193
judgment of conviction of a type described in division (A)(1) or	13194
(B)(1) of this section shall not issue the correction until after	13195
the court has conducted a hearing in accordance with this	13196
division. Before a court holds a hearing pursuant to this	13197
division, the court shall provide notice of the date, time, place,	13198
and purpose of the hearing to the offender who is the subject of	13199
the hearing, the prosecuting attorney of the county, and the	13200
department of rehabilitation and correction. The offender has the	13201
right to be physically present at the hearing, except that, upon	13202
the court's own motion or the motion of the offender or the	13203
prosecuting attorney, the court may permit the offender to appear	13204
at the hearing by video conferencing equipment if available and	13205
compatible. An appearance by video conferencing equipment pursuant	13206
to this division has the same force and effect as if the offender	13207
were physically present at the hearing. At the hearing, the	13208
offender and the prosecuting attorney may make a statement as to	13209
whether the court should issue a correction to the judgment of	13210
conviction.	13211

Sec. 2929.20.  (A) As used in this section:

13212

(1)(a) Except as provided in division (A)(1)(b) of this	13213
section, "eligible offender" means any person who, on or after	13214
April 7, 2009, is serving a stated prison term of ten years or	13215
less when either of the following applies:	13216

(i) The stated prison term does not include a mandatory	13217
prison term.	13218

(ii) The stated prison term includes a mandatory prison term,	13219
and the person has served the mandatory prison termthat includes	13220
one or more nonmandatory prison terms.	13221

(b) "Eligible offender" does not include any person who, on	13222
or after April 7, 2009, is serving a stated prison term for any of	13223
the following criminal offenses that was a felony and was	13224
committed while the person held a public office in this state:	13225

(i) A violation of section 2921.02, 2921.03, 2921.05,	13226
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	13227
Code;	13228

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	13229
2921.12 of the Revised Code, when the conduct constituting the	13230
violation was related to the duties of the offender's public	13231
office or to the offender's actions as a public official holding	13232
that public office;	13233

(iii) A violation of an existing or former municipal	13234
ordinance or law of this or any other state or the United States	13235
that is substantially equivalent to any violation listed in	13236
division (A)(1)(b)(i) of this section;	13237

(iv) A violation of an existing or former municipal ordinance	13238
or law of this or any other state or the United States that is	13239
substantially equivalent to any violation listed in division	13240
(A)(1)(b)(ii) of this section, when the conduct constituting the	13241
violation was related to the duties of the offender's public	13242
office or to the offender's actions as a public official holding	13243
that public office;	13244

(v) A conspiracy to commit, attempt to commit, or complicity	13245
in committing any offense listed in division (A)(1)(b)(i) or	13246
described in division (A)(1)(b)(iii) of this section;	13247

(vi) A conspiracy to commit, attempt to commit, or complicity	13248
in committing any offense listed in division (A)(1)(b)(ii) or	13249
described in division (A)(1)(b)(iv) of this section, if the	13250
conduct constituting the offense that was the subject of the	13251
conspiracy, that would have constituted the offense attempted, or	13252
constituting the offense in which the offender was complicit was	13253
or would have been related to the duties of the offender's public	13254
office or to the offender's actions as a public official holding	13255
that public office.	13256

(2) "Nonmandatory prison term" means a prison term that is	13257
not a mandatory prison term.	13258

(3) "Public office" means any elected federal, state, or	13259
local government office in this state.	13260

(B) On the motion of an eligible offender or upon its own	13261
motion, the sentencing court may reduce the eligible offender's	13262
statedaggregated nonmandatory prison term or terms through a	13263
judicial release under this section.	13264

(C) An eligible offender may file a motion for judicial	13265
release with the sentencing court within the following applicable	13266
periods:	13267

(1) If the statedaggregated nonmandatory prison term or	13268
terms is less than two years, the eligible offender may file the	13269
motion not earlier than thirty days after the offender is	13270
delivered to a state correctional institution or, if the prison	13271
term includes a mandatory prison term or terms, not earlier than	13272
thirty days after the expiration of all mandatory prison terms.	13273

(2) If the statedaggregated nonmandatory prison term or	13274
terms is at least two years but less than five years, the eligible	13275
offender may file the motion not earlier than one hundred eighty	13276
days after the offender is delivered to a state correctional	13277
institution or, if the prison term includes a mandatory prison	13278
term or terms, not earlier than one hundred eighty days after the	13279
expiration of all mandatory prison terms.	13280

(3) If the aggregated nonmandatory prison term or terms is	13281
five years, the eligible offender may file the motion not earlier	13282
than four years after the eligible offender is delivered to a	13283
state correctional institution or, if the prison term includes a	13284
mandatory prison term or terms, not earlier than four years after	13285
the expiration of all mandatory prison terms.	13286

(4) If the statedaggregated nonmandatory prison term or	13287
terms is more than five years or more but not more than ten years,	13288
the eligible offender may file the motion not earlier than five	13289
years after the eligible offender is delivered to a state	13290
correctional institution or, if the prison term includes a	13291
mandatory prison term or terms, not earlier than five years after	13292
the expiration of all mandatory prison terms.	13293

(5) If the aggregated nonmandatory prison term or terms is	13294
more than ten years, the eligible offender may file the motion not	13295
earlier than the later of the date on which the offender has	13296
served one-half of the offender's stated prison term or the date	13297
specified in division (C)(4) of this section.	13298

(D) Upon receipt of a timely motion for judicial release	13299
filed by an eligible offender under division (C) of this section	13300
or upon the sentencing court's own motion made within the	13301
appropriate time specified in that division, the court may deny	13302
the motion without a hearing or schedule a hearing on the motion.	13303
The court shall not grant the motion without a hearing. If a court	13304
denies a motion without a hearing, the court later may consider	13305
judicial release for that eligible offender on a subsequent motion	13306
filed by that eligible offender unless the court denies the motion	13307
with prejudice. If a court denies a motion with prejudice, the	13308
court may later consider judicial release on its own motion. If a	13309
court denies a motion after a hearing, the court shall not	13310
consider a subsequent motion for that eligible offender. The court	13311
shall hold only one hearing for any eligible offender.	13312

A hearing under this section shall be conducted in open court	13313
within sixty days after the motion is filed, provided that the	13314
court may delay the hearing for one hundred eighty additional	13315
days. If the court holds a hearing, the court shall enter a ruling	13316
on the motion within ten days after the hearing. If the court	13317
denies the motion without a hearing, the court shall enter its	13318
ruling on the motion within sixty days after the motion is filed.	13319

(E) If a court schedules a hearing under division (D) of this	13320
section, the court shall notify the eligible offender and the head	13321
of the state correctional institution in which the eligible	13322
offender is confined prior to the hearing. The head of the state	13323
correctional institution immediately shall notify the appropriate	13324
person at the department of rehabilitation and correction of the	13325
hearing, and the department within twenty-four hours after receipt	13326
of the notice, shall post on the database it maintains pursuant to	13327
section 5120.66 of the Revised Code the offender's name and all of	13328
the information specified in division (A)(1)(c)(i) of that	13329
section. If the court schedules a hearing for judicial release,	13330
the court promptly shall give notice of the hearing to the	13331
prosecuting attorney of the county in which the eligible offender	13332
was indicted. Upon receipt of the notice from the court, the	13333
prosecuting attorney shall notify the victim of the offense or the	13334
victim's representative pursuant to section 2930.16 of the Revised	13335
Code.	13336

(F) Upon an offender's successful completion of	13337
rehabilitative activities, the head of the state correctional	13338
institution may notify the sentencing court of the successful	13339
completion of the activities.	13340

(G) Prior to the date of the hearing on a motion for judicial	13341
release under this section, the head of the state correctional	13342
institution in which the eligible offender is confined shall send	13343
to the court a report on the eligible offender's conduct in the	13344
institution and in any institution from which the eligible	13345
offender may have been transferred. The report shall cover the	13346
eligible offender's participation in school, vocational training,	13347
work, treatment, and other rehabilitative activities and any	13348
disciplinary action taken against the eligible offender. The	13349
report shall be made part of the record of the hearing.	13350

(H) If the court grants a hearing on a motion for judicial	13351
release under this section, the eligible offender shall attend the	13352
hearing if ordered to do so by the court. Upon receipt of a copy	13353
of the journal entry containing the order, the head of the state	13354
correctional institution in which the eligible offender is	13355
incarcerated shall deliver the eligible offender to the sheriff of	13356
the county in which the hearing is to be held. The sheriff shall	13357
convey the eligible offender to and from the hearing.	13358

(I) At the hearing on a motion for judicial release under	13359
this section, the court shall afford the eligible offender and the	13360
eligible offender's attorney an opportunity to present written	13361
and, if present, oral information relevant to the motion. The	13362
court shall afford a similar opportunity to the prosecuting	13363
attorney, the victim or the victim's representative, as defined in	13364
section 2930.01 of the Revised Code, and any other person the	13365
court determines is likely to present additional relevant	13366
information. The court shall consider any statement of a victim	13367
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	13368
any victim impact statement prepared pursuant to section 2947.051	13369
of the Revised Code, and any report made under division (G) of	13370
this section. The court may consider any written statement of any	13371
person submitted to the court pursuant to division (L) of this	13372
section. After ruling on the motion, the court shall notify the	13373
victim of the ruling in accordance with sections 2930.03 and	13374
2930.16 of the Revised Code.	13375

(J)(1) A court shall not grant a judicial release under this	13376
section to an eligible offender who is imprisoned for a felony of	13377
the first or second degree, or to an eligible offender who	13378
committed an offense under Chapter 2925. or 3719. of the Revised	13379
Code and for whom there was a presumption under section 2929.13 of	13380
the Revised Code in favor of a prison term, unless the court, with	13381
reference to factors under section 2929.12 of the Revised Code,	13382
finds both of the following:	13383

(a) That a sanction other than a prison term would adequately	13384
punish the offender and protect the public from future criminal	13385
violations by the eligible offender because the applicable factors	13386
indicating a lesser likelihood of recidivism outweigh the	13387
applicable factors indicating a greater likelihood of recidivism;	13388

(b) That a sanction other than a prison term would not demean	13389
the seriousness of the offense because factors indicating that the	13390
eligible offender's conduct in committing the offense was less	13391
serious than conduct normally constituting the offense outweigh	13392
factors indicating that the eligible offender's conduct was more	13393
serious than conduct normally constituting the offense.	13394

(2) A court that grants a judicial release to an eligible	13395
offender under division (J)(1) of this section shall specify on	13396
the record both findings required in that division and also shall	13397
list all the factors described in that division that were	13398
presented at the hearing.	13399

(K) If the court grants a motion for judicial release under	13400
this section, the court shall order the release of the eligible	13401
offender, shall place the eligible offender under an appropriate	13402
community control sanction, under appropriate conditions, and	13403
under the supervision of the department of probation serving the	13404
court and shall reserve the right to reimpose the sentence that it	13405
reduced if the offender violates the sanction. If the court	13406
reimposes the reduced sentence, it may do so either concurrently	13407
with, or consecutive to, any new sentence imposed upon the	13408
eligible offender as a result of the violation that is a new	13409
offense. The period of community control shall be no longer than	13410
five years. The court, in its discretion, may reduce the period of	13411
community control by the amount of time the eligible offender	13412
spent in jail or prison for the offense and in prison. If the	13413
court made any findings pursuant to division (J)(1) of this	13414
section, the court shall serve a copy of the findings upon counsel	13415
for the parties within fifteen days after the date on which the	13416
court grants the motion for judicial release.	13417

If the court grants a motion for judicial release, the court	13418
shall notify the appropriate person at the department of	13419
rehabilitation and correction, and the department shall post	13420
notice of the release on the database it maintains pursuant to	13421
section 5120.66 of the Revised Code.	13422

(L) In addition to and independent of the right of a victim	13423
to make a statement pursuant to section 2930.14, 2930.17, or	13424
2946.051 of the Revised Code and any right of a person to present	13425
written information or make a statement pursuant to division (I)	13426
of this section, any person may submit to the court, at any time	13427
prior to the hearing on the offender's motion for judicial	13428
release, a written statement concerning the effects of the	13429
offender's crime or crimes, the circumstances surrounding the	13430
crime or crimes, the manner in which the crime or crimes were	13431
perpetrated, and the person's opinion as to whether the offender	13432
should be released.	13433

(M) The changes to this section that are made on the	13434
effective date of this division apply to any judicial release	13435
decision made on or after the effective date of this division for	13436
any eligible offender.	13437

Sec. 2929.26.  (A) Except when a mandatory jail term is	13438
required by law, the court imposing a sentence for a misdemeanor,	13439
other than a minor misdemeanor, may impose upon the offender any	13440
community residential sanction or combination of community	13441
residential sanctions under this section. Community residential	13442
sanctions include, but are not limited to, the following:	13443

(1) A term of up to one hundred eighty days in a halfway	13444
house or a term in a halfway house not to exceed the longest jail	13445
term available for the offense, whichever is shorter, if the	13446
political subdivision that would have responsibility for paying	13447
the costs of confining the offender in a jail has entered into a	13448
contract with the halfway house for use of the facility for	13449
misdemeanor offenders;	13450

(2) A term of up to one hundred eighty days in an alternative	13451
residential facility or a term in an alternative residential	13452
facility not to exceed the longest jail term available for the	13453
offense, whichever is shorter. The court may specify the level of	13454
security in the alternative residential facility that is needed	13455
for the offender.	13456

(3) If the offender is an eligible offender, as defined in	13457
section 307.932 of the Revised Code, a term of up to sixty days in	13458
a community alternative sentencing center or district community	13459
alternative sentencing center established and operated in	13460
accordance with that section, in the circumstances specified in	13461
that section, with one of the conditions of the sanction being	13462
that the offender complete in the center the entire term imposed.	13463

(B) TheA sentence to a community residential sanction under	13464
division (A)(3) of this section shall be in accordance with	13465
section 307.932 of the Revised Code. In all other cases, the court	13466
that sentences an offender to a community residential sanction	13467
under this section may do either or both of the following:	13468

(1) Permit the offender to serve the offender's sentence in	13469
intermittent confinement, overnight, on weekends or at any other	13470
time or times that will allow the offender to continue at the	13471
offender's occupation or care for the offender's family;	13472

(2) Authorize the offender to be released so that the	13473
offender may seek or maintain employment, receive education or	13474
training, receive treatment, perform community service, or	13475
otherwise fulfill an obligation imposed by law or by the court. A	13476
release pursuant to this division shall be only for the duration	13477
of time that is needed to fulfill the purpose of the release and	13478
for travel that reasonably is necessary to fulfill the purposes of	13479
the release.	13480

(C) The court may order that a reasonable portion of the	13481
income earned by the offender upon a release pursuant to division	13482
(B) of this section be applied to any financial sanction imposed	13483
under section 2929.28 of the Revised Code.	13484

(D) No court shall sentence any person to a prison term for a	13485
misdemeanor or minor misdemeanor or to a jail term for a minor	13486
misdemeanor.	13487

(E) If a court sentences a person who has been convicted of	13488
or pleaded guilty to a misdemeanor to a community residential	13489
sanction as described in division (A) of this section, at the time	13490
of reception and at other times the person in charge of the	13491
operation of the halfway house, alternative residential facility,	13492
community alternative sentencing center, district community	13493
alternative sentencing center, or other place at which the	13494
offender will serve the residential sanction determines to be	13495
appropriate, the person in charge of the operation of the halfway	13496
house, alternative residential facility, community alternative	13497
sentencing center, district community alternative sentencing	13498
center, or other place may cause the convicted offender to be	13499
examined and tested for tuberculosis, HIV infection, hepatitis,	13500
including, but not limited to, hepatitis A, B, and C, and other	13501
contagious diseases. The person in charge of the operation of the	13502
halfway house, alternative residential facility, community	13503
alternative sentencing center, district community alternative	13504
sentencing center, or other place at which the offender will serve	13505
the residential sanction may cause a convicted offender in the	13506
halfway house, alternative residential facility, community	13507
alternative sentencing center, district community alternative	13508
sentencing center, or other place who refuses to be tested or	13509
treated for tuberculosis, HIV infection, hepatitis, including, but	13510
not limited to, hepatitis A, B, and C, or another contagious	13511
disease to be tested and treated involuntarily.	13512

(F) A political subdivision may enter into a contract with a	13513
halfway house for use of the halfway house to house misdemeanor	13514
offenders under a sanction imposed under division (A)(1) of this	13515
section.	13516

Sec. 2929.34.  (A) A person who is convicted of or pleads	13517
guilty to aggravated murder, murder, or an offense punishable by	13518
life imprisonment and who is sentenced to a term of life	13519
imprisonment or a prison term pursuant to that conviction shall	13520
serve that term in an institution under the control of the	13521
department of rehabilitation and correction.	13522

(B)(1) A person who is convicted of or pleads guilty to a	13523
felony other than aggravated murder, murder, or an offense	13524
punishable by life imprisonment and who is sentenced to a term of	13525
imprisonment or a prison term pursuant to that conviction shall	13526
serve that term as follows:	13527

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	13528
section, in an institution under the control of the department of	13529
rehabilitation and correction if the term is a prison term or as	13530
otherwise determined by the sentencing court pursuant to section	13531
2929.16 of the Revised Code if the term is not a prison term;	13532

(b) In a facility of a type described in division (G)(1) of	13533
section 2929.13 of the Revised Code, if the offender is sentenced	13534
pursuant to that division.	13535

(2) If the term is a prison term, the person may be	13536
imprisoned in a jail that is not a minimum security jail pursuant	13537
to agreement under section 5120.161 of the Revised Code between	13538
the department of rehabilitation and correction and the local	13539
authority that operates the jail.	13540

(C) A person who is convicted of or pleads guilty to one or	13541
more misdemeanors and who is sentenced to a jail term or term of	13542
imprisonment pursuant to the conviction or convictions shall serve	13543
that term in a county, multicounty, municipal, municipal-county,	13544
or multicounty-municipal jail or workhouse; in a community	13545
alternative sentencing center or district community alternative	13546
sentencing center when authorized by section 307.932 of the	13547
Revised Code; or, if the misdemeanor or misdemeanors are not	13548
offenses of violence, in a minimum security jail.	13549

(D) Nothing in this section prohibits the commitment,	13550
referral, or sentencing of a person who is convicted of or pleads	13551
guilty to a felony to a community-based correctional facility.	13552

Sec. 2929.41.  (A) Except as provided in division (B) of this	13553
section, division (E) of section 2929.14, or division (D) or (E)	13554
of section 2971.03 of the Revised Code, a prison term, jail term,	13555
or sentence of imprisonment shall be served concurrently with any	13556
other prison term, jail term, or sentence of imprisonment imposed	13557
by a court of this state, another state, or the United States.	13558
Except as provided in division (B)(3) of this section, a jail term	13559
or sentence of imprisonment for misdemeanor shall be served	13560
concurrently with a prison term or sentence of imprisonment for	13561
felony served in a state or federal correctional institution.	13562
Except as provided in division (B) of this section, division (E)	13563
of section 2929.14, or division (D) or (E) of section 2971.03 of	13564
the Revised Code, a prison term, jail term, or sentence of	13565
imprisonment shall be served concurrently with any other prison	13566
term, jail term, or sentence of imprisonment imposed by a court of	13567
this state, another state, or the United States. Except as	13568
provided in division (B)(3) of this section, a jail term or	13569
sentence of imprisonment for misdemeanor shall be served	13570
concurrently with a prison term or sentence of imprisonment for	13571
felony served in a state or federal correctional institution.	13572

(B)(1) A jail term or sentence of imprisonment for a	13573
misdemeanor shall be served consecutively to any other prison	13574
term, jail term, or sentence of imprisonment when the trial court	13575
specifies that it is to be served consecutively or when it is	13576
imposed for a misdemeanor violation of section 2907.322, 2921.34,	13577
or 2923.131 of the Revised Code.	13578

When consecutive sentences are imposed for misdemeanor under	13579
this division, the term to be served is the aggregate of the	13580
consecutive terms imposed, except that the aggregate term to be	13581
served shall not exceed eighteen months.	13582

(2) If a court of this state imposes a prison term upon the	13583
offender for the commission of a felony and a court of another	13584
state or the United States also has imposed a prison term upon the	13585
offender for the commission of a felony, the court of this state	13586
may order that the offender serve the prison term it imposes	13587
consecutively to any prison term imposed upon the offender by the	13588
court of another state or the United States.	13589

(3) A jail term or sentence of imprisonment imposed for a	13590
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	13591
4510.21, or 4511.19 of the Revised Code shall be served	13592
consecutively to a prison term that is imposed for a felony	13593
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	13594
Revised Code or a felony violation of section 2903.04 of the	13595
Revised Code involving the operation of a motor vehicle by the	13596
offender and that is served in a state correctional institution	13597
when the trial court specifies that it is to be served	13598
consecutively.	13599

When consecutive jail terms or sentences of imprisonment and	13600
prison terms are imposed for one or more misdemeanors and one or	13601
more felonies under this division, the term to be served is the	13602
aggregate of the consecutive terms imposed, and the offender shall	13603
serve all terms imposed for a felony before serving any term	13604
imposed for a misdemeanor.	13605

Sec. 2930.12.  At the request of the victim in a criminal	13606
prosecution, the prosecutor shall give the victim notice of the	13607
defendant's acquittal or conviction. At the request of the victim	13608
in a delinquency proceeding, the prosecutor shall give the victim	13609
notice of the dismissal of the complaint against the alleged	13610
juvenile offender or of the adjudication of the alleged juvenile	13611
offender as a delinquent child, except that, if the juvenile court	13612
dismisses the complaint against the alleged juvenile offender or	13613
adjudicates the alleged juvenile offender a delinquent child prior	13614
to the prosecutor's involvement in the case, at the request of the	13615
victim, the court or a court employee shall give the victim notice	13616
of the dismissal or of the adjudication. If the defendant or	13617
alleged juvenile offender is convicted or is adjudicated a	13618
delinquent child, the notice shall include all of the following:	13619

(A) The crimes or specified delinquent acts of which the	13620
defendant was convicted or for which the alleged juvenile offender	13621
was adjudicated a delinquent child;	13622

(B) The address and telephone number of the probation office	13623
or other person, if any, that is to prepare a presentence	13624
investigation report pursuant to section 2951.03 of the Revised	13625
Code or Criminal Rule 32.2, the address and telephone number of	13626
the person, if any, who is to prepare a disposition investigation	13627
report pursuant to division (C)(1) of section 2152.18 of the	13628
Revised Code, and the address and telephone number of the person,	13629
if any, who is to prepare a victim impact statement pursuant to	13630
division (D)(1) of section 2152.19 or section 2947.051 of the	13631
Revised Code;	13632

(C) Notice that the victim may make a statement about the	13633
impact of the crime or specified delinquent act to the probation	13634
officer or other person, if any, who prepares the presentence	13635
investigation report or to the person, if any, who prepares a	13636
victim impact statement, that a statement of the victim included	13637
in the report will be made available to the defendant or alleged	13638
juvenile offender unless the court exempts it from disclosure, and	13639
that the court may make the victim impact statement available to	13640
the defendant or alleged juvenile offender;	13641

(D) Notice of the victim's right under section 2930.14 of the	13642
Revised Code to make a statement about the impact of the crime or	13643
specified delinquent act before sentencing or disposition;	13644

(E) The date, time, and place of the sentencing hearing or	13645
dispositional hearing;	13646

(F) One of the following:

13647

(1) Any sentence imposed upon the defendant and any	13648
subsequent modification of that sentence, including modification	13649
under section 2929.20 or 5120.036 of the Revised Code or as a	13650
result of the defendant's appeal of the sentence pursuant to	13651
section 2953.08 of the Revised Code;	13652

(2) Any disposition ordered for the defendant and any	13653
subsequent modification of that disposition, including judicial	13654
release or early release in accordance with section 2151.38 of the	13655
Revised Code.	13656

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	13657
in a case who has requested to receive notice under this section	13658
shall be given notice of the incarceration of the defendant. If an	13659
alleged juvenile offender is committed to the temporary custody of	13660
a school, camp, institution, or other facility operated for the	13661
care of delinquent children or to the legal custody of the	13662
department of youth services, a victim in a case who has requested	13663
to receive notice under this section shall be given notice of the	13664
commitment. Promptly after sentence is imposed upon the defendant	13665
or the commitment of the alleged juvenile offender is ordered, the	13666
prosecutor in the case shall notify the victim of the date on	13667
which the defendant will be released from confinement or the	13668
prosecutor's reasonable estimate of that date or the date on which	13669
the alleged juvenile offender will have served the minimum period	13670
of commitment or the prosecutor's reasonable estimate of that	13671
date. The prosecutor also shall notify the victim of the name of	13672
the custodial agency of the defendant or alleged juvenile offender	13673
and tell the victim how to contact that custodial agency. If the	13674
custodial agency is the department of rehabilitation and	13675
correction, the prosecutor shall notify the victim of the services	13676
offered by the office of victims' services pursuant to section	13677
5120.60 of the Revised Code. If the custodial agency is the	13678
department of youth services, the prosecutor shall notify the	13679
victim of the services provided by the office of victims' services	13680
within the release authority of the department pursuant to section	13681
5139.55 of the Revised Code and the victim's right pursuant to	13682
section 5139.56 of the Revised Code to submit a written request to	13683
the release authority to be notified of actions the release	13684
authority takes with respect to the alleged juvenile offender. The	13685
victim shall keep the custodial agency informed of the victim's	13686
current address and telephone number.	13687

(B)(1) Upon the victim's request, the prosecutor promptly	13688
shall notify the victim of any hearing for judicial release of the	13689
defendant pursuant to section 2929.20 of the Revised Code, of any	13690
hearing for release of the defendant pursuant to section 2967.19	13691
of the Revised Code, or of any hearing for judicial release or	13692
early release of the alleged juvenile offender pursuant to section	13693
2151.38 of the Revised Code and of the victim's right to make a	13694
statement under those sections. The court shall notify the victim	13695
of its ruling in each of those hearings and on each of those	13696
applications.	13697

(2) If an offender is sentenced to a prison term pursuant to	13698
division (A)(3) or (B) of section 2971.03 of the Revised Code,	13699
upon the request of the victim of the crime, the prosecutor	13700
promptly shall notify the victim of any hearing to be conducted	13701
pursuant to section 2971.05 of the Revised Code to determine	13702
whether to modify the requirement that the offender serve the	13703
entire prison term in a state correctional facility in accordance	13704
with division (C) of that section, whether to continue, revise, or	13705
revoke any existing modification of that requirement, or whether	13706
to terminate the prison term in accordance with division (D) of	13707
that section. The court shall notify the victim of any order	13708
issued at the conclusion of the hearing.	13709

(C) Upon the victim's request made at any time before the	13710
particular notice would be due, the custodial agency of a	13711
defendant or alleged juvenile offender shall give the victim any	13712
of the following notices that is applicable:	13713

(1) At least three weeks before the adult parole authority	13714
recommends a pardon or commutation of sentence for the defendant	13715
or at least three weeks prior to a hearing before the adult parole	13716
authority regarding a grant of parole to the defendant, notice of	13717
the victim's right to submit a statement regarding the impact of	13718
the defendant's release in accordance with section 2967.12 of the	13719
Revised Code and, if applicable, of the victim's right to appear	13720
at a full board hearing of the parole board to give testimony as	13721
authorized by section 5149.101 of the Revised Code;	13722

(2) At least three weeks before the defendant is transferred	13723
to transitional control under section 2967.26 of the Revised Code,	13724
notice of the pendency of the transfer and of the victim's right	13725
under that section to submit a statement regarding the impact of	13726
the transfer;	13727

(3) At least thirty days before the release authority of the	13728
department of youth services holds a release review, release	13729
hearing, or discharge review for the alleged juvenile offender,	13730
notice of the pendency of the review or hearing, of the victim's	13731
right to make an oral or written statement regarding the impact of	13732
the crime upon the victim or regarding the possible release or	13733
discharge, and, if the notice pertains to a hearing, of the	13734
victim's right to attend and make statements or comments at the	13735
hearing as authorized by section 5139.56 of the Revised Code;	13736

(4) Prompt notice of the defendant's or alleged juvenile	13737
offender's escape from a facility of the custodial agency in which	13738
the defendant was incarcerated or in which the alleged juvenile	13739
offender was placed after commitment, of the defendant's or	13740
alleged juvenile offender's absence without leave from a mental	13741
health or mental retardation and developmental disabilities	13742
facility or from other custody, and of the capture of the	13743
defendant or alleged juvenile offender after an escape or absence;	13744

(5) Notice of the defendant's or alleged juvenile offender's	13745
death while in confinement or custody;	13746

(6) Notice of the defendant's or alleged juvenile offender's	13747
release from confinement or custody and the terms and conditions	13748
of the release.	13749

Sec. 2930.17.  (A) In determining whether to grant a judicial	13750
release to a defendant from a prison term pursuant to section	13751
2929.20 of the Revised Code at a time before the defendant's	13752
stated prison term expires, in determining whether to grant a	13753
release to an offender from a prison term pursuant to section	13754
2967.19 of the Revised Code at a time before the offender's stated	13755
prison term expires, or in determining whether to grant a judicial	13756
release or early release to an alleged juvenile offender from a	13757
commitment to the department of youth services pursuant to section	13758
2151.38 of the Revised Code, the court shall permit a victim of a	13759
crime or specified delinquent act for which the defendant or	13760
alleged juvenile offender was incarcerated or committed to make a	13761
statement, in addition to any other statement made under this	13762
chapter, concerning the effects of that crime or specified	13763
delinquent act on the victim, the circumstances surrounding the	13764
crime or specified delinquent act, the manner in which the crime	13765
or specified delinquent act was perpetrated, and the victim's	13766
opinion whether the defendant or alleged juvenile offender should	13767
be released. The victim may make the statement in writing or	13768
orally, at the court's discretion. The court shall give the	13769
defendant or alleged juvenile offender and either the adult parole	13770
authority or the department of youth services, whichever is	13771
applicable, a copy of any written impact statement made by the	13772
victim under this division.	13773

(B) In deciding whether to grant a judicial release or early	13774
release to the defendant or alleged juvenile offender, the court	13775
shall consider a statement made by the victim under division (A)	13776
of this section or section 2930.14 or 2947.051 of the Revised	13777
Code.	13778

Sec. 2935.041.  (A) A merchant, or an employee or agent of a	13779
merchant, who has probable cause to believe that items offered for	13780
sale by a mercantile establishment have been unlawfully taken by a	13781
person, may, for the purposes set forth in division (C) of this	13782
section, detain the person in a reasonable manner for a reasonable	13783
length of time within the mercantile establishment or its	13784
immediate vicinity.	13785

(B) Any officer, employee, or agent of a library, museum, or	13786
archival institution may, for the purposes set forth in division	13787
(C) of this section or for the purpose of conducting a reasonable	13788
investigation of a belief that the person has acted in a manner	13789
described in divisions (B)(1) and (2) of this section, detain a	13790
person in a reasonable manner for a reasonable length of time	13791
within, or in the immediate vicinity of, the library, museum, or	13792
archival institution, if the officer, employee, or agent has	13793
probable cause to believe that the person has either:	13794

(1) Without privilege to do so, knowingly moved, defaced,	13795
damaged, destroyed, or otherwise improperly temperedtampered with	13796
property owned by or in the custody of the library, museum, or	13797
archival institution; or	13798

(2) With purpose to deprive the library, museum, or archival	13799
institution of property owned by it or in its custody, knowingly	13800
obtained or exerted control over the property without the consent	13801
of the owner or person authorized to give consent, beyond the	13802
scope of the express or implied consent of the owner or person	13803
authorized to give consent, by deception, or by threat.	13804

(C) An officer, agent, or employee of a library, museum, or	13805
archival institution pursuant to division (B) of this section or a	13806
merchant or employee or agent of a merchant pursuant to division	13807
(A) of this section may detain another person for any of the	13808
following purposes:	13809

(1) To recover the property that is the subject of the	13810
unlawful taking, criminal mischief, or theft;	13811

(2) To cause an arrest to be made by a peace officer;

13812

(3) To obtain a warrant of arrest;

13813

(4) To offer the person, if the person is suspected of the	13814
unlawful taking, criminal mischief, or theft and notwithstanding	13815
any other provision of the Revised Code, an opportunity to	13816
complete a pretrial diversion program and to inform the person of	13817
the other legal remedies available to the library, museum,	13818
archival institution, or merchant.	13819

(D) The owner or lessee of a facility in which a motion	13820
picture is being shown, or the owner's or lessee's employee or	13821
agent, who has probable cause to believe that a person is or has	13822
been operating an audiovisual recording function of a device in	13823
violation of section 2913.07 of the Revised Code may, for the	13824
purpose of causing an arrest to be made by a peace officer or of	13825
obtaining an arrest warrant, detain the person in a reasonable	13826
manner for a reasonable length of time within the facility or its	13827
immediate vicinity.	13828

(E) The officer, agent, or employee of the library, museum,	13829
or archival institution, the merchant or employee or agent of a	13830
merchant, or the owner, lessee, employee, or agent of the facility	13831
acting under division (A), (B), or (D) of this section shall not	13832
search the person detained, search or seize any property belonging	13833
to the person detained without the person's consent, or use undue	13834
restraint upon the person detained.	13835

(F) Any peace officer may arrest without a warrant any person	13836
that the officer has probable cause to believe has committed any	13837
act described in division (B)(1) or (2) of this section, that the	13838
officer has probable cause to believe has committed an unlawful	13839
taking in a mercantile establishment, or that the officer has	13840
reasonable cause to believe has committed an act prohibited by	13841
section 2913.07 of the Revised Code. An arrest under this division	13842
shall be made within a reasonable time after the commission of the	13843
act or unlawful taking.	13844

(G) As used in this section:

13845

(1) "Archival institution" means any public or private	13846
building, structure, or shelter in which are stored historical	13847
documents, devices, records, manuscripts, or items of public	13848
interest, which historical materials are stored to preserve the	13849
materials or the information in the materials, to disseminate the	13850
information contained in the materials, or to make the materials	13851
available for public inspection or for inspection by certain	13852
persons who have a particular interest in, use for, or knowledge	13853
concerning the materials.	13854

(2) "Museum" means any public or private nonprofit	13855
institution that is permanently organized for primarily	13856
educational or aesthetic purposes, owns or borrows objects or	13857
items of public interest, and cares for and exhibits to the public	13858
the objects or items.	13859

(3) "Audiovisual recording function" and "facility" have the	13860
same meaning as in section 2913.07 of the Revised Code.	13861

(4) "Pretrial diversion program" means a rehabilitative,	13862
educational program designed to reduce recidivism and promote	13863
personal responsibility that is at least four hours in length and	13864
that has been approved by any court in this state.	13865

Sec. 2937.36.  Upon declaration of forfeiture, the magistrate	13866
or clerk of the court adjudging forfeiture shall proceed as	13867
follows:	13868

(A) As to each bail, hethe magistrate or clerk shall proceed	13869
forthwith to deal with the sum deposited as if the same were	13870
imposed as a fine for the offense charged and distribute and	13871
account for the same accordingly provided that prior to so doing,	13872
hethe magistrate or clerk may satisfy accrued costs in the case	13873
out of the fund.	13874

(B) As to any securities deposited, hethe magistrate or	13875
clerk shall proceed to sell the same, either at public sale	13876
advertised in the same manner as sale on chattel execution, or	13877
through any state or national bank performing such service upon	13878
the over the counter securities market and shall apply proceeds of	13879
sale, less costs or brokerage thereof as in cases of forfeited	13880
cash bail. Prior to such sale, the clerk shall give notices by	13881
ordinary mail to the depositor, at histhe depositor's address	13882
listed of record, if any, of histhe intention so to do, and such	13883
sale shall not proceed if the depositor, within ten days of	13884
mailing of such notice appears, and redeems said securities by	13885
either producing the body of the defendant in open court or	13886
posting the amount set in the recognizance in cash, to be dealt	13887
with as forfeited cash bail.	13888

(C) As to recognizances hethe magistrate or clerk shall	13889
notify the accused and each surety within fifteen days after the	13890
declaration of the forfeiture by ordinary mail at the address	13891
shown by them in their affidavits of qualification or on the	13892
record of the case, of the default of the accused and the	13893
adjudication of forfeiture and require each of them to show cause	13894
on or before a date certain to be stated in the notice, and which	13895
shall be not less than twentyforty-five nor more than thirty	13896
sixty days from the date of mailing notice, why judgment should	13897
not be entered against each of them for the penalty stated in the	13898
recognizance. If good cause by production of the body of the	13899
accused or otherwise is not shown, the court or magistrate shall	13900
thereupon enter judgment against the sureties or either of them,	13901
so notified, in such amount, not exceeding the penalty of the	13902
bond, as has been set in the adjudication of forfeiture, and shall	13903
award execution therefor as in civil cases. The proceeds of sale	13904
shall be received by the clerk or magistrate and distributed as on	13905
forfeiture of cash bail.	13906

Sec. 2941.141.  (A) Imposition of a one-year mandatory prison	13907
term upon an offender under division (D)(B)(1)(a) of section	13908
2929.14 of the Revised Code is precluded unless the indictment,	13909
count in the indictment, or information charging the offense	13910
specifies that the offender had a firearm on or about the	13911
offender's person or under the offender's control while committing	13912
the offense. The specification shall be stated at the end of the	13913
body of the indictment, count, or information, and shall be in	13914
substantially the following form:	13915

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13916
Grand Jurors (or insert the person's or the prosecuting attorney's	13917
name when appropriate) further find and specify that (set forth	13918
that the offender had a firearm on or about the offender's person	13919
or under the offender's control while committing the offense.)"	13920

(B) Imposition of a one-year mandatory prison term upon an	13921
offender under division (D)(B)(1)(a) of section 2929.14 of the	13922
Revised Code is precluded if a court imposes a three-year or	13923
six-year mandatory prison term on the offender under that division	13924
relative to the same felony.	13925

(C) The specification described in division (A) of this	13926
section may be used in a delinquent child proceeding in the manner	13927
and for the purpose described in section 2152.17 of the Revised	13928
Code.	13929

(D) As used in this section, "firearm" has the same meaning	13930
as in section 2923.11 of the Revised Code.	13931

Sec. 2941.142.  (A) Imposition of a mandatory prison term of	13932
one, two, or three years pursuant to division (I)(G) of section	13933
2929.14 of the Revised Code upon an offender who committed a	13934
felony that is an offense of violence while participating in a	13935
criminal gang is precluded unless the indictment, count in the	13936
indictment, or information charging the felony specifies that the	13937
offender committed the felony that is an offense of violence while	13938
participating in a criminal gang. The specification shall be	13939
stated at the end of the body of the indictment, count, or	13940
information, and shall be in substantially the following form:	13941

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13942
grand jurors (or insert the person's or the prosecuting attorney's	13943
name when appropriate) further find and specify that (set forth	13944
that the offender committed the felony that is an offense of	13945
violence while participating in a criminal gang.)"	13946

(B) The specification described in division (A) of this	13947
section may be used in a delinquent child proceeding in the manner	13948
and for the purpose described in section 2152.17 of the Revised	13949
Code.	13950

(C) As used in this section, "criminal gang" has the same	13951
meaning as in section 2923.41 of the Revised Code.	13952

Sec. 2941.143.  Imposition of a sentence by a court pursuant	13953
to division (J)(H) of section 2929.14 of the Revised Code is	13954
precluded unless the indictment, count in the indictment, or	13955
information charging aggravated murder, murder, or a felony of the	13956
first, second, or third degree that is an offense of violence	13957
specifies that the offender committed the offense in a school	13958
safety zone or towards a person in a school saftysafety zone. The	13959
specification shall be stated at the end of the body of the	13960
indictment, count, or information and shall be in substantially	13961
the following form:	13962

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13963
grand jurors (or insert the person's or the prosecuting attorney's	13964
name when appropriate) further find and specify that (set forth	13965
that the offender committed aggravated murder, murder, or the	13966
felony of the first, second, or third degree that is an offense of	13967
violence in a school safety zone or towards a person in a school	13968
safety zone)."	13969

Sec. 2941.144.  (A) Imposition of a six-year mandatory prison	13970
term upon an offender under division (D)(B)(1)(a) of section	13971
2929.14 of the Revised Code is precluded unless the indictment,	13972
count in the indictment, or information charging the offense	13973
specifies that the offender had a firearm that is an automatic	13974
firearm or that was equipped with a firearm muffler or silencer on	13975
or about the offender's person or under the offender's control	13976
while committing the offense. The specification shall be stated at	13977
the end of the body of the indictment, count, or information and	13978
shall be stated in substantially the following form:	13979

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	13980
Grand Jurors (or insert the person's or the prosecuting attorney's	13981
name when appropriate) further find and specify that (set forth	13982
that the offender had a firearm that is an automatic firearm or	13983
that was equipped with a firearm muffler or silencer on or about	13984
the offender's person or under the offender's control while	13985
committing the offense)."	13986

(B) Imposition of a six-year mandatory prison term upon an	13987
offender under division (D)(B)(1)(a) of section 2929.14 of the	13988
Revised Code is precluded if a court imposes a three-year or	13989
one-year mandatory prison term on the offender under that division	13990
relative to the same felony.	13991

(C) The specification described in division (A) of this	13992
section may be used in a delinquent child proceeding in the manner	13993
and for the purpose described in section 2152.17 of the Revised	13994
Code.	13995

(D) As used in this section, "firearm" and "automatic	13996
firearm" have the same meanings as in section 2923.11 of the	13997
Revised Code.	13998

Sec. 2941.145.  (A) Imposition of a three-year mandatory	13999
prison term upon an offender under division (D)(B)(1)(a) of	14000
section 2929.14 of the Revised Code is precluded unless the	14001
indictment, count in the indictment, or information charging the	14002
offense specifies that the offender had a firearm on or about the	14003
offender's person or under the offender's control while committing	14004
the offense and displayed the firearm, brandished the firearm,	14005
indicated that the offender possessed the firearm, or used it to	14006
facilitate the offense. The specification shall be stated at the	14007
end of the body of the indictment, count, or information, and	14008
shall be stated in substantially the following form:	14009

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14010
Grand Jurors (or insert the person's or the prosecuting attorney's	14011
name when appropriate) further find and specify that (set forth	14012
that the offender had a firearm on or about the offender's person	14013
or under the offender's control while committing the offense and	14014
displayed the firearm, brandished the firearm, indicated that the	14015
offender possessed the firearm, or used it to facilitate the	14016
offense)."	14017

(B) Imposition of a three-year mandatory prison term upon an	14018
offender under division (D)(B)(1)(a) of section 2929.14 of the	14019
Revised Code is precluded if a court imposes a one-year or	14020
six-year mandatory prison term on the offender under that division	14021
relative to the same felony.	14022

(C) The specification described in division (A) of this	14023
section may be used in a delinquent child proceeding in the manner	14024
and for the purpose described in section 2152.17 of the Revised	14025
Code.	14026

(D) As used in this section, "firearm" has the same meaning	14027
as in section 2923.11 of the Revised Code.	14028

Sec. 2941.146.  (A) Imposition of a mandatory five-year	14029
prison term upon an offender under division (D)(B)(1)(c) of	14030
section 2929.14 of the Revised Code for committing a violation of	14031
section 2923.161 of the Revised Code or for committing a felony	14032
that includes, as an essential element, purposely or knowingly	14033
causing or attempting to cause the death of or physical harm to	14034
another and that was committed by discharging a firearm from a	14035
motor vehicle other than a manufactured home is precluded unless	14036
the indictment, count in the indictment, or information charging	14037
the offender specifies that the offender committed the offense by	14038
discharging a firearm from a motor vehicle other than a	14039
manufactured home. The specification shall be stated at the end of	14040
the body of the indictment, count, or information, and shall be	14041
stated in substantially the following form:	14042

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14043
Grand Jurors (or insert the person's or prosecuting attorney's	14044
name when appropriate) further find and specify that (set forth	14045
that the offender committed the violation of section 2923.161 of	14046
the Revised Code or the felony that includes, as an essential	14047
element, purposely or knowingly causing or attempting to cause the	14048
death of or physical harm to another and that was committed by	14049
discharging a firearm from a motor vehicle other than a	14050
manufactured home)."	14051

(B) The specification described in division (A) of this	14052
section may be used in a delinquent child proceeding in the manner	14053
and for the purpose described in section 2152.17 of the Revised	14054
Code.	14055

(C) As used in this section:

14056

(1) "Firearm" has the same meaning as in section 2923.11 of	14057
the Revised Code;	14058

(2) "Motor vehicle" and "manufactured home" have the same	14059
meanings as in section 4501.01 of the Revised Code.	14060

Sec. 2941.1411.  (A) Imposition of a two-year mandatory	14061
prison term upon an offender under division (D)(B)(1)(d) of	14062
section 2929.14 of the Revised Code is precluded unless the	14063
indictment, count in the indictment, or information charging the	14064
offense specifies that the offender wore or carried body armor	14065
while committing the offense and that the offense is an offense of	14066
violence that is a felony. The specification shall be stated at	14067
the end of the body of the indictment, count, or information and	14068
shall be stated in substantially the following form:	14069

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14070
Grand Jurors (or insert the person's or the prosecuting attorney's	14071
name when appropriate) further find and specify that (set forth	14072
that the offender wore or carried body armor while committing the	14073
specified offense and that the specified offense is an offense of	14074
violence that is a felony)."	14075

(B) As used in this section, "body armor" means any vest,	14076
helmet, shield, or similar item that is designed or specifically	14077
carried to diminish the impact of a bullet or projectile upon the	14078
offender's body.	14079

Sec. 2941.1412. (A) Imposition of a seven-year mandatory	14081
prison term upon an offender under division (D)(B)(1)(f) of	14082
section 2929.14 of the Revised Code is precluded unless the	14083
indictment, count in the indictment, or information charging the	14084
offense specifies that the offender discharged a firearm at a	14085
peace officer or a corrections officer while committing the	14086
offense. The specification shall be stated at the end of the body	14087
of the indictment, count, or information and shall be in	14088
substantially the following form:	14089

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

14090

The Grand Jurors (or insert the person's or the prosecuting	14091
attorney's name when appropriate) further find and specify that	14092
(set forth that the offender discharged a firearm at a peace	14093
officer or a corrections officer while committing the offense)."	14094

(B) As used in this section:

14095

(1) "Firearm" has the same meaning as in section 2923.11 of	14096
the Revised Code.	14097

(2) "Peace officer" has the same meaning as in section	14098
2935.01 of the Revised Code.	14099

(3) "Corrections officer" means a person employed by a	14100
detention facility as a corrections officer.	14101

(4) "Detention facility" has the same meaning as in section	14102
2921.01 of the Revised Code.	14103

Sec. 2941.1414. (A) Imposition of a five-year mandatory	14104
prison term upon an offender under division (D)(B)(5) of section	14105
2929.14 of the Revised Code is precluded unless the offender is	14106
convicted of or pleads guilty to violating division (A)(1) or (2)	14107
of section 2903.06 of the Revised Code and unless the indictment,	14108
count in the indictment, or information charging the offense	14109
specifies that the victim of the offense is a peace officer or an	14110
investigator of the bureau of criminal identification and	14111
investigation. The specification shall be stated at the end of the	14112
body of the indictment, count, or information and shall be stated	14113
in substantially the following form:	14114

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14115
Grand Jurors (or insert the person's or the prosecuting attorney's	14116
name when appropriate) further find and specify that (set forth	14117
that the victim of the offense is a peace officer or an	14118
investigator of the bureau of criminal identification and	14119
investigation)."	14120

(B) The specification described in division (A) of this	14121
section may be used in a delinquent child proceeding in the manner	14122
and for the purpose described in section 2152.17 of the Revised	14123
Code.	14124

(C) As used in this section:

14125

(1) "Peace officer" has the same meaning as in section	14126
2935.01 of the Revised Code.	14127

(2) "Investigator of the bureau of criminal identification	14128
and investigation" has the same meaning as in section 2903.11 of	14129
the Revised Code.	14130

Sec. 2941.1415. (A) Imposition of a three-year mandatory	14131
prison term upon an offender under division (D)(B)(6) of section	14132
2929.14 of the Revised Code is precluded unless the offender is	14133
convicted of or pleads guilty to violating division (A)(1) or (2)	14134
of section 2903.06 of the Revised Code and unless the indictment,	14135
count in the indictment, or information charging the offense	14136
specifies that the offender previously has been convicted of or	14137
pleaded guilty to three or more violations of division (A) or (B)	14138
of section 4511.19 of the Revised Code or an equivalent offense,	14139
or three or more violations of any combination of those divisions	14140
and offenses. The specification shall be stated at the end of the	14141
body of the indictment, count, or information and shall be stated	14142
in substantially the following form:	14143

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14144
Grand Jurors (or insert the person's or the prosecuting attorney's	14145
name when appropriate) further find and specify that (set forth	14146
that the offender previously has been convicted of or pleaded	14147
guilty to three or more violations of division (A) or (B) of	14148
section 4511.19 of the Revised Code or an equivalent offense, or	14149
three or more violations of any combination of those divisions and	14150
offenses)."	14151

(B) The specification described in division (A) of this	14152
section may be used in a delinquent child proceeding in the manner	14153
and for the purpose described in section 2152.17 of the Revised	14154
Code.	14155

(C) As used in this section, "equivalent offense" has the	14156
same meaning as in section 4511.181 of the Revised Code.	14157

Sec. 2941.1421. (A) Imposition of an additional prison term	14158
of one, two, three, four, five, or six months under division	14159
(J)(H)(2)(a)(i) of section 2929.14 of the Revised Code, an	14160
additional prison term of one, two, three, four, five, six, seven,	14161
eight, nine, ten, eleven, or twelve months under division	14162
(J)(H)(2)(a)(ii) of section 2929.14 of the Revised Code, an	14163
additional definite jail term of not more than sixty days under	14164
division (F)(1)(a) of section 2929.24 of the Revised Code, or an	14165
additional definite jail term of not more than one hundred twenty	14166
days under division (F)(1)(b) of section 2929.24 of the Revised	14167
Code is precluded unless the indictment, count in the indictment,	14168
or information charging a felony violation of section 2907.22,	14169
2907.24, 2907.241, or 2907.25 of the Revised Code or a misdemeanor	14170
violation of section 2907.23, 2907.24, 2907.241, or 2907.25 of the	14171
Revised Code, whichever is applicable, specifies that the	14172
violation was committed in proximity to a school. The	14173
specification shall be stated at the end of the body of the	14174
indictment, count, or information and shall be in substantially	14175
the following form:	14176

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14177
Grand Jurors (or insert the person's or the prosecuting attorney's	14178
name when appropriate) further find and specify that (set forth	14179
that the specified offense was committed in proximity to a	14180
school).	14181

(B) As used in this section, "committed in proximity to a	14182
school" has the same meaning as in section 2929.01 of the Revised	14183
Code.	14184

Sec. 2941.1422. (A) Imposition of a mandatory prison term	14185
under division (D)(B)(7) of section 2929.14 of the Revised Code is	14186
precluded unless the offender is convicted of or pleads guilty to	14187
a felony violation of section 2905.01, 2905.02, 2907.21, 2907.22,	14188
or 2923.32, division (A)(1) or (2) of section 2907.323, or	14189
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the	14190
Revised Code and unless the indictment, count in the indictment,	14191
or information charging the offense specifies that the offender	14192
knowingly committed the offense in furtherance of human	14193
trafficking. The specification shall be stated at the end of the	14194
body of the indictment, count, or information and shall be stated	14195
in substantially the following form:	14196

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14197
Grand Jurors (or insert the person's or the prosecuting attorney's	14198
name when appropriate) further find and specify that (set forth	14199
that the defendant knowingly committed the offense in furtherance	14200
of human trafficking)."	14201

(B) As used in this section, "human trafficking" has the same	14202
meaning as in section 2929.01 of the Revised Code.	14203

Sec. 2941.1423.  Imposition of a mandatory prison term under	14204
division (D)(B)(8) of section 2929.14 of the Revised Code or a	14205
mandatory jail term under division (F) of section 2929.24 of the	14206
Revised Code is precluded unless the offender is convicted of or	14207
pleads guilty to a violation of section 2903.11, 2903.12, or	14208
2903.13 of the Revised Code and unless the indictment, count in	14209
the indictment, or information charging the offense specifies the	14210
victim of the offense was a woman whom the offender knew was	14211
pregnant at the time of the offense. The specification shall be	14212
stated at the end of the body of the indictment, count, or	14213
information and shall be stated in substantially the following	14214
form:	14215

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	14216
Grand Jurors (or insert the person's or prosecuting attorney's	14217
name when appropriate) further find and specify that (set forth	14218
that the victim of the offense was a woman whom the defendant knew	14219
was pregnant at the time of the offense)."	14220

Sec. 2950.17. (A) Regardless of when the sexually oriented	14221
offense or child-victim oriented offense was committed, a person	14222
who is convicted of, pleads guilty to, has been convicted of, or	14223
has pleaded guilty to a sexually oriented offense or a	14224
child-victim oriented offense or a person who is or has been	14225
adjudicated a delinquent child for committing a sexually oriented	14226
offense or a child-victim oriented offense shall not possess a	14227
photograph of the victim of the sexually oriented offense or	14228
child-victim oriented offense while the person is serving any	14229
prison term, jail term, community residential sanction, or other	14230
term of confinement imposed on the offender for the offense.	14231

(B) Regardless of when the child-victim oriented offense was	14232
committed, a person who is convicted of, pleads guilty to, has	14233
been convicted of, or has pleaded guilty to a child-victim	14234
oriented offense or a person who is or has been adjudicated a	14235
delinquent child for committing a child-victim oriented offense	14236
shall not possess a photograph of any minor child while the person	14237
is serving any prison term, jail term, community residential	14238
sanction, or other term of confinement imposed on the offender for	14239
the offense.	14240

(C) Whoever violates this section is guilty of illegal	14241
possession of a prohibited photograph, a misdemeanor of the first	14242
degree.	14243

Sec. 2950.99.  (A)(1)(a) Except as otherwise provided in	14244
division (A)(1)(b) of this section, whoever violates a prohibition	14245
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	14246
Code shall be punished as follows:	14247

(i) If the most serious sexually oriented offense that was	14248
the basis of the registration, notice of intent to reside, change	14249
of address notification, or address verification requirement that	14250
was violated under the prohibition is aggravated murder or murder	14251
if committed by an adult or a comparable category of offense	14252
committed in another jurisdiction, the offender is guilty of a	14253
felony of the first degree.	14254

(ii) If the most serious sexually oriented offense or	14255
child-victim oriented offense that was the basis of the	14256
registration, notice of intent to reside, change of address	14257
notification, or address verification requirement that was	14258
violated under the prohibition is a felony of the first, second,	14259
third, or fourth degree if committed by an adult or a comparable	14260
category of offense committed in another jurisdiction, the	14261
offender is guilty of a felony of the same degree as the most	14262
serious sexually oriented offense or child-victim oriented offense	14263
that was the basis of the registration, notice of intent to	14264
reside, change of address, or address verification requirement	14265
that was violated under the prohibition, or, if the most serious	14266
sexually oriented offense or child-victim oriented offense that	14267
was the basis of the registration, notice of intent to reside,	14268
change of address, or address verification requirement that was	14269
violated under the prohibition is a comparable category of offense	14270
committed in another jurisdiction, the offender is guilty of a	14271
felony of the same degree as that offense committed in the other	14272
jurisdiction would constitute if committed in this state.	14273

(iii) If the most serious sexually oriented offense or	14274
child-victim oriented offense that was the basis of the	14275
registration, notice of intent to reside, change of address	14276
notification, or address verification requirement that was	14277
violated under the prohibition is a felony of the fifth degree or	14278
a misdemeanor if committed by an adult or a comparable category of	14279
offense committed in another jurisdiction, the offender is guilty	14280
of a felony of the fourth degree.	14281

(b) If the offender previously has been convicted of or	14282
pleaded guilty to, or previously has been adjudicated a delinquent	14283
child for committing, a violation of a prohibition in section	14284
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	14285
whoever violates a prohibition in section 2950.04, 2950.041,	14286
2950.05, or 2950.06 of the Revised Code shall be punished as	14287
follows:	14288

(i) If the most serious sexually oriented offense that was	14289
the basis of the registration, notice of intent to reside, change	14290
of address notification, or address verification requirement that	14291
was violated under the prohibition is aggravated murder or murder	14292
if committed by an adult or a comparable category of offense	14293
committed in another jurisdiction, the offender is guilty of a	14294
felony of the first degree.	14295

(ii) If the most serious sexually oriented offense or	14296
child-victim oriented offense that was the basis of the	14297
registration, notice of intent to reside, change of address	14298
notification, or address verification requirement that was	14299
violated under the prohibition is a felony of the first, second,	14300
or third degree if committed by an adult or a comparable category	14301
of offense committed in another jurisdiction, the offender is	14302
guilty of a felony of the same degree as the most serious sexually	14303
oriented offense or child-victim oriented offense that was the	14304
basis of the registration, notice of intent to reside, change of	14305
address, or address verification requirement that was violated	14306
under the prohibition, or, if the most serious sexually oriented	14307
offense or child-victim oriented offense that was the basis of the	14308
registration, notice of intent to reside, change of address, or	14309
address verification requirement that was violated under the	14310
prohibition is a comparable category of offense committed in	14311
another jurisdiction, the offender is guilty of a felony of the	14312
same degree as that offense committed in the other jurisdiction	14313
would constitute if committed in this state.	14314

(iii) If the most serious sexually oriented offense or	14315
child-victim oriented offense that was the basis of the	14316
registration, notice of intent to reside, change of address	14317
notification, or address verification requirement that was	14318
violated under the prohibition is a felony of the fourth or fifth	14319
degree if committed by an adult or a comparable category of	14320
offense committed in another jurisdiction, the offender is guilty	14321
of a felony of the third degree.	14322

(iv) If the most serious sexually oriented offense or	14323
child-victim oriented offense that was the basis of the	14324
registration, notice of intent to reside, change of address	14325
notification, or address verification requirement that was	14326
violated under the prohibition is a misdemeanor if committed by an	14327
adult or a comparable category of offense committed in another	14328
jurisdiction, the offender is guilty of a felony of the fourth	14329
degree.	14330

(2)(a) In addition to any penalty or sanction imposed under	14331
division (A)(1) of this section or any other provision of law for	14332
a violation of a prohibition in section 2950.04, 2950.041,	14333
2950.05, or 2950.06 of the Revised Code, if the offender or	14334
delinquent child is subject to a community control sanction, is on	14335
parole, is subject to one or more post-release control sanctions,	14336
or is subject to any other type of supervised release at the time	14337
of the violation, the violation shall constitute a violation of	14338
the terms and conditions of the community control sanction,	14339
parole, post-release control sanction, or other type of supervised	14340
release.	14341

(b) In addition to any penalty or sanction imposed under	14342
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	14343
provision of law for a violation of a prohibition in section	14344
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	14345
offender previously has been convicted of or pleaded guilty to, or	14346
previously has been adjudicated a delinquent child for committing,	14347
a violation of a prohibition in section 2950.04, 2950.041,	14348
2950.05, or 2950.06 of the Revised Code when the most serious	14349
sexually oriented offense or child-victim oriented offense that	14350
was the basis of the requirement that was violated under the	14351
prohibition is a felony if committed by an adult or a comparable	14352
category of offense committed in another jurisdiction, the court	14353
imposing a sentence upon the offender shall impose a definite	14354
prison term of no less than three years. The definite prison term	14355
imposed under this section is not restricted by division (B) of	14356
section 2929.14 of the Revised Code and, subject to divisions (C)	14357
to (I) of section 2967.19 of the Revised Code, shall not be	14358
reduced to less than three years pursuant to any provision of	14359
Chapter 2967. or any other provision of the Revised Code.	14360

(3) As used in division (A)(1) of this section, "comparable	14361
category of offense committed in another jurisdiction" means a	14362
sexually oriented offense or child-victim oriented offense that	14363
was the basis of the registration, notice of intent to reside,	14364
change of address notification, or address verification	14365
requirement that was violated, that is a violation of an existing	14366
or former law of another state or the United States, an existing	14367
or former law applicable in a military court or in an Indian	14368
tribal court, or an existing or former law of any nation other	14369
than the United States, and that, if it had been committed in this	14370
state, would constitute or would have constituted aggravated	14371
murder or murder for purposes of division (A)(1)(a)(i) of this	14372
section, a felony of the first, second, third, or fourth degree	14373
for purposes of division (A)(1)(a)(ii) of this section, a felony	14374
of the fifth degree or a misdemeanor for purposes of division	14375
(A)(1)(a)(iii) of this section, aggravated murder or murder for	14376
purposes of division (A)(1)(b)(i) of this section, a felony of the	14377
first, second, or third degree for purposes of division	14378
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	14379
degree for purposes of division (A)(1)(b)(iii) of this section, or	14380
a misdemeanor for purposes of division (A)(1)(b)(iv) of this	14381
section.	14382

(B) If a person violates a prohibition in section 2950.04,	14383
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	14384
the person as a result of the person being adjudicated a	14385
delinquent child and being classified a juvenile offender	14386
registrant or an out-of-state juvenile offender registrant, both	14387
of the following apply:	14388

(1) If the violation occurs while the person is under	14389
eighteen years of age, the person is subject to proceedings under	14390
Chapter 2152. of the Revised Code based on the violation.	14391

(2) If the violation occurs while the person is eighteen	14392
years of age or older, the person is subject to criminal	14393
prosecution based on the violation.	14394

(C) Whoever violates division (C) of section 2950.13 of the	14395
Revised Code is guilty of a misdemeanor of the first degree.	14396

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

14397

(1) "Concurrent supervision offender" means any offender who	14398
has been sentenced to community control for one or more	14399
misdemeanor violations or has been placed under a community	14400
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or	14401
2929.20 of the Revised Code and who is simultaneously subject to	14402
supervision by any of the following:	14403

(a) Two or more municipal courts or county courts in this	14404
state;	14405

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

14406

(c) One or more courts of common pleas in this state and one	14407
or more municipal courts or county courts in this state.	14408

"Concurrent supervision offender" does not include a parolee	14409
or releasee.	14410

(2) "Parolee" and "releasee" have the same meanings as in	14411
section 2967.01 of the Revised Code.	14412

(B)(1) Except as otherwise provided in divisions (B)(2), (3),	14413
and (4) of this section, a concurrent supervision offender shall	14414
be supervised by the court that imposed the longest possible	14415
sentence and shall not be supervised by any other court.	14416

(2) In the case of a concurrent supervision offender subject	14417
to supervision by two or more municipal or county courts in the	14418
same county, the municipal or county court in the territorial	14419
jurisdiction in which the offender resides shall supervise the	14420
offender. In the case of a concurrent supervision offender subject	14421
to supervision by a municipal court or county court and a court of	14422
common pleas for two or more equal possible sentences, the	14423
municipal or county court shall supervise the offender. In the	14424
case of a concurrent supervision offender subject to supervision	14425
by two or more courts of common pleas in separate counties in this	14426
state, the court that lies within the same territorial	14427
jurisdiction in which the offender resides shall supervise the	14428
offender.	14429

(3) Separate courts within the same county may enter into an	14430
agreement or adopt local rules of procedure specifying, generally,	14431
that concurrent supervision offenders will be supervised in a	14432
manner other than that provided for in divisions (B)(1) and (2) of	14433
this section.	14434

(4)(a) The judges of the various courts of this state having	14435
jurisdiction over a concurrent supervision offender may agree by	14436
journal entry to transfer jurisdiction over a concurrent	14437
supervision offender from one court to another court in any manner	14438
the courts consider appropriate, if the offender is supervised by	14439
only a single supervising authority at all times. An agreement to	14440
transfer supervision of an offender under division (B)(4)(a) of	14441
this section shall not take effect until approved by every court	14442
having authority to supervise the offender and may provide for the	14443
transfer of supervision to the offender's jurisdiction of	14444
residence whether or not the offender was subject to supervision	14445
in that jurisdiction prior to transfer. In the case of a	14446
subsequent conviction in a court other than the supervising court,	14447
the supervising court may agree to accept a transfer of	14448
jurisdiction from the court of conviction prior to sentencing and	14449
proceed to sentence the offender according to law.	14450

(b) If the judges of the various courts of this state having	14451
authority to supervise a concurrent supervision offender cannot	14452
reach agreement with respect to the supervision of the offender,	14453
the offender may be subject to concurrent supervision in the	14454
interest of justice upon the courts' consideration of the	14455
provisions set forth in division (C) of this section.	14456

(C) In determining whether a court maintains authority to	14457
supervise an offender or transfers authority to supervise the	14458
offender pursuant to division (B)(3) or (4) of this section, the	14459
court shall consider all of the following:	14460

(1) The safety of the community;

14461

(2) The risk that the offender might reoffend;

14462

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

14463

(4) The likelihood that the offender will remain in the	14464
jurisdiction;	14465

(5) The ability of the offender to travel to and from the	14466
offender's residence and place of employment or school to the	14467
offices of the supervising authority;	14468

(6) The resources for residential and nonresidential	14469
sanctions or rehabilitative treatment available to the various	14470
courts having supervising authority;	14471

(7) Any other factors consistent with the purposes of	14472
sentencing.	14473

(D) The court having sole authority over a concurrent	14474
supervision offender pursuant to this section shall have complete	14475
authority for enforcement of any financial obligations imposed by	14476
any other court, shall set a payment schedule consistent with the	14477
offender's ability to pay, and shall cause payments of the	14478
offender's financial obligations to be directed to the sentencing	14479
court in proportion to the total amounts ordered by all sentencing	14480
courts, or as otherwise agreed by the sentencing courts. Financial	14481
obligations include financial sanctions imposed pursuant to	14482
sections 2929.18 and 2929.28 of the Revised Code, court costs, and	14483
any other financial order or fee imposed by a sentencing court. A	14484
supervision fee may be charged only by the agency providing	14485
supervision of the case.	14486

(E) Unless the local residential sanction is suspended, the	14487
offender shall complete any local residential sanction before	14488
jurisdiction is transferred in accordance with this section. The	14489
supervising court shall respect all conditions of supervision	14490
established by a sentencing court, but any conflicting or	14491
inconsistent order of the supervising court shall supersede any	14492
other order of a sentencing court. In the case of a concurrent	14493
supervision offender, the supervising court shall determine when	14494
supervision will be terminated but shall not terminate supervision	14495
until all financial obligations are paid pursuant to sections	14496
2929.18 and 2929.28 of the Revised Code.	14497

(F) The adult parole authority and one or more courts may	14498
enter into an agreement whereby a releasee or parolee who is	14499
simultaneously under the supervision of the adult parole authority	14500
and the court or courts is supervised exclusively by either the	14501
authority or a court.	14502

Sec. 2951.041.  (A)(1) If an offender is charged with a	14503
criminal offense, including but not limited to a violation of	14504
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	14505
the Revised Code, and the court has reason to believe that drug or	14506
alcohol usage by the offender was a factor leading to the	14507
offender's criminal offense with which the offender is charged or	14508
that, at the time of committing that offense, the offender had a	14509
mental illness or was a person with intellectual disability and	14510
that the mental illness or status as a person with intellectual	14511
disability was a factor leading to the offender's criminal	14512
behavior, the court may accept, prior to the entry of a guilty	14513
plea, the offender's request for intervention in lieu of	14514
conviction. The request shall include a statement from the	14515
offender as to whether the offender is alleging that drug or	14516
alcohol usage by the offender was a factor leading to the criminal	14517
offense with which the offender is charged or is alleging that, at	14518
the time of committing that offense, the offender had a mental	14519
illness or was a person with intellectual disability and that the	14520
mental illness or status as a person with intellectual disability	14521
was a factor leading to the criminal offense with which the	14522
offender is charged. The request also shall include a waiver of	14523
the defendant's right to a speedy trial, the preliminary hearing,	14524
the time period within which the grand jury may consider an	14525
indictment against the offender, and arraignment, unless the	14526
hearing, indictment, or arraignment has already occurred. The	14527
court may reject an offender's request without a hearing. If the	14528
court elects to consider an offender's request, the court shall	14529
conduct a hearing to determine whether the offender is eligible	14530
under this section for intervention in lieu of conviction and	14531
shall stay all criminal proceedings pending the outcome of the	14532
hearing. If the court schedules a hearing, the court shall order	14533
an assessment of the offender for the purpose of determining the	14534
offender's eligibility for intervention in lieu of conviction and	14535
recommending an appropriate intervention plan.	14536

If the offender alleges that drug or alcohol usage by the	14537
offender was a factor leading to the criminal offense with which	14538
the offender is charged, the court may order that the offender be	14539
assessed by a program certified pursuant to section 3793.06 of the	14540
Revised Code or a properly credentialed professional for the	14541
purpose of determining the offender's eligibility for intervention	14542
in lieu of conviction and recommending an appropriate intervention	14543
plan. The program or the properly credentialed professional shall	14544
provide a written assessment of the offender to the court.	14545

(2) The victim notification provisions of division (C) of	14546
section 2930.08 of the Revised Code apply in relation to any	14547
hearing held under division (A)(1) of this section.	14548

(B) An offender is eligible for intervention in lieu of	14549
conviction if the court finds all of the following:	14550

(1) The offender previously has not been convicted of or	14551
pleaded guilty to a felony offense of violence or previously has	14552
been convicted of or pleaded guilty to any felony that is not an	14553
offense of violence and the prosecuting attorney recommends that	14554
the offender be found eligible for participation in intervention	14555
in lieu of treatment under this section, previously has not been	14556
through intervention in lieu of conviction under this section or	14557
any similar regimen, and is charged with a felony for which the	14558
court, upon conviction, would impose sentence under division	14559
(B)(2)(b) of section 2929.13 of the Revised Code or with a	14560
misdemeanor.	14561

(2) The offense is not a felony of the first, second, or	14562
third degree, is not an offense of violence, is not a violation of	14563
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	14564
not a violation of division (A)(1) of section 2903.08 of the	14565
Revised Code, is not a violation of division (A) of section	14566
4511.19 of the Revised Code or a municipal ordinance that is	14567
substantially similar to that division, and is not an offense for	14568
which a sentencing court is required to impose a mandatory prison	14569
term, a mandatory term of local incarceration, or a mandatory term	14570
of imprisonment in a jail.	14571

(3) The offender is not charged with a violation of section	14572
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code, is not	14573
charged with a violation of section 2925.03 of the Revised Code	14574
that is a felony of the first, second, third, or fourth degree,	14575
and is not charged with a violation of section 2925.11 of the	14576
Revised Code that is a felony of the first, second, or third	14577
degree.	14578

(4) The offender is not charged with a violation of section	14579
2925.11 of the Revised Code that is a felony of the fourth degree,	14580
or the offender is charged with a violation of that section that	14581
is a felony of the fourth degree and the prosecutor in the case	14582
has recommended that the offender be classified as being eligible	14583
for intervention in lieu of conviction under this section.	14584

(5) TheIf an offender alleges that drug or alcohol usage by	14585
the offender was a factor leading to the criminal offense with	14586
which the offender is charged, the court has ordered that the	14587
offender has beenbe assessed by an appropriately licensed	14588
provider, certified facility, or licensed and credentialed	14589
professional, including, but not limited to, a program licensed by	14590
the department of alcohol and drug addiction services pursuant to	14591
section 3793.11 of the Revised Code, a program certified by that	14592
department pursuant to section 3793.06 of the Revised Code, a	14593
public or private hospital, the United States department of	14594
veterans affairs, another appropriate agency of the government of	14595
the United States, or a licensed physician, psychiatrist,	14596
psychologist, independent social worker, professional counselor,	14597
or chemical dependency counseloror a properly credentialed	14598
professional for the purpose of determining the offender's	14599
eligibility for intervention in lieu of conviction and	14600
recommending an appropriate intervention plan, the offender has	14601
been assessed by a program of that nature or a properly	14602
credentialed professional in accordance with the court's order,	14603
and the program or properly credentialed professional has filed	14604
the written assessment of the offender with the court.	14605

(5) If an offender alleges that, at the time of committing	14606
the criminal offense with which the offender is charged, the	14607
offender had a mental illness or was a person with intellectual	14608
disability and that the mental illness or status as a person with	14609
intellectual disability was a factor leading to that offense, the	14610
offender has been assessed by a psychiatrist, psychologist,	14611
independent social worker, or professional clinical counselor for	14612
the purpose of determining the offender's eligibility for	14613
intervention in lieu of conviction and recommending an appropriate	14614
intervention plan.	14615

(6) The offender's drug orusage, alcohol usage, mental	14616
illness, or intellectual disability, whichever is applicable, was	14617
a factor leading to the criminal offense with which the offender	14618
is charged, intervention in lieu of conviction would not demean	14619
the seriousness of the offense, and intervention would	14620
substantially reduce the likelihood of any future criminal	14621
activity.	14622

(7) The alleged victim of the offense was not sixty-five	14623
years of age or older, permanently and totally disabled, under	14624
thirteen years of age, or a peace officer engaged in the officer's	14625
official duties at the time of the alleged offense.	14626

(8) If the offender is charged with a violation of section	14627
2925.24 of the Revised Code, the alleged violation did not result	14628
in physical harm to any person, and the offender previously has	14629
not been treated for drug abuse.	14630

(9) The offender is willing to comply with all terms and	14631
conditions imposed by the court pursuant to division (D) of this	14632
section.	14633

(C) At the conclusion of a hearing held pursuant to division	14634
(A) of this section, the court shall enter its determination as to	14635
whether the offender is eligible for intervention in lieu of	14636
conviction and as to whether to grant the offender's request. If	14637
the court finds under division (B) of this section that the	14638
offender is eligible for intervention in lieu of conviction and	14639
grants the offender's request, the court shall accept the	14640
offender's plea of guilty and waiver of the defendant's right to a	14641
speedy trial, the preliminary hearing, the time period within	14642
which the grand jury may consider an indictment against the	14643
offender, and arraignment, unless the hearing, indictment, or	14644
arraignment has already occurred. In addition, the court then may	14645
stay all criminal proceedings and order the offender to comply	14646
with all terms and conditions imposed by the court pursuant to	14647
division (D) of this section. If the court finds that the offender	14648
is not eligible or does not grant the offender's request, the	14649
criminal proceedings against the offender shall proceed as if the	14650
offender's request for intervention in lieu of conviction had not	14651
been made.	14652

(D) If the court grants an offender's request for	14653
intervention in lieu of conviction, the court shall place the	14654
offender under the general control and supervision of the county	14655
probation department, the adult parole authority, or another	14656
appropriate local probation or court services agency, if one	14657
exists, as if the offender was subject to a community control	14658
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	14659
Revised Code. The court shall establish an intervention plan for	14660
the offender. The terms and conditions of the intervention plan	14661
shall require the offender, for at least one year from the date on	14662
which the court grants the order of intervention in lieu of	14663
conviction, to abstain from the use of illegal drugs and alcohol,	14664
to participate in treatment and recovery support services, and to	14665
submit to regular random testing for drug and alcohol use and may	14666
include any other treatment terms and conditions, or terms and	14667
conditions similar to community control sanctions, which may	14668
include community service or restitution, that are ordered by the	14669
court.	14670

(E) If the court grants an offender's request for	14671
intervention in lieu of conviction and the court finds that the	14672
offender has successfully completed the intervention plan for the	14673
offender, including the requirement that the offender abstain from	14674
using illegal drugs and alcohol for a period of at least one year	14675
from the date on which the court granted the order of intervention	14676
in lieu of conviction, the requirement that the offender	14677
participate in treatment and recovery support services, and all	14678
other terms and conditions ordered by the court, the court shall	14679
dismiss the proceedings against the offender. Successful	14680
completion of the intervention plan and period of abstinence under	14681
this section shall be without adjudication of guilt and is not a	14682
criminal conviction for purposes of any disqualification or	14683
disability imposed by law and upon conviction of a crime, and the	14684
court may order the sealing of records related to the offense in	14685
question in the manner provided in sections 2953.31 to 2953.36 of	14686
the Revised Code.	14687

(F) If the court grants an offender's request for	14688
intervention in lieu of conviction and the offender fails to	14689
comply with any term or condition imposed as part of the	14690
intervention plan for the offender, the supervising authority for	14691
the offender promptly shall advise the court of this failure, and	14692
the court shall hold a hearing to determine whether the offender	14693
failed to comply with any term or condition imposed as part of the	14694
plan. If the court determines that the offender has failed to	14695
comply with any of those terms and conditions, it shall enter a	14696
finding of guilty and shall impose an appropriate sanction under	14697
Chapter 2929. of the Revised Code. If the court sentences the	14698
offender to a prison term, the court, after consulting with the	14699
department of rehabilitation and correction regarding the	14700
availability of services, may order continued court-supervised	14701
activity and treatment of the offender during the prison term and,	14702
upon consideration of reports received from the department	14703
concerning the offender's progress in the program of activity and	14704
treatment, may consider judicial release under section 2929.20 of	14705
the Revised Code.	14706

(G) As used in this section:

14707

(1) "Community control sanction" has the same meaning as in	14708
section 2929.01 of the Revised Code.	14709

(2) "Intervention in lieu of conviction" means any	14710
court-supervised activity that complies with this section.	14711

(3) "Peace officer" has the same meaning as in section	14712
2935.01 of the Revised Code.	14713

(4) "Mental illness" and "psychiatrist" have the same	14714
meanings as in section 5122.01 of the Revised Code.	14715

(5) "Person with intellectual disability" means a person	14716
having significantly subaverage general intellectual functioning	14717
existing concurrently with deficiencies in adaptive behavior,	14718
manifested during the developmental period.	14719

(6) "Psychologist" has the same meaning as in section 4732.01	14720
of the Revised Code.	14721

(H) Whenever the term "mentally retarded person" is used in	14722
any statute, rule, contract, grant, or other document, the	14723
reference shall be deemed to include a "person with intellectual	14724
disability," as defined in this section.	14725

Sec. 2951.08.  (A) During a period of community control, any	14726
field officer or probation officer may arrest the person under a	14727
community control sanction without a warrant and bring the person	14728
before the judge or magistrate before whom the cause was pending.	14729
During a period of community control, any peace officer may arrest	14730
the person under a community control sanction without a warrant	14731
upon the written order of the chief probation officer of the	14732
probation agency if the person under a community control sanction	14733
is under the supervision of that probation agency or on the order	14734
of an officer of the adult parole authority created pursuant to	14735
section 5149.02 of the Revised Code if the person under a	14736
community control sanction is under the supervision of the	14737
authority. During a period of community control, any peace officer	14738
may arrest the person under a community control sanction on the	14739
warrant of the judge or magistrate before whom the cause was	14740
pending.	14741

During a period of community control, any peace officer may	14742
arrest the person under a community control sanction without a	14743
warrant if the peace officer has reasonable ground to believe that	14744
the person has violated or is violating any of the following that	14745
is a condition of the person's community control sanction:	14746

(1) A condition that prohibits ownership, possession, or use	14747
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	14748

(2) A condition that prohibits the person from being within a	14749
specified structure or geographic area;	14750

(3) A condition that confines the person to a residence,	14751
facility, or other structure;	14752

(4) A condition that prohibits the person from contacting or	14753
communicating with any specified individual;	14754

(5) A condition that prohibits the person from associating	14755
with a specified individual;	14756

(6) A condition as provided in division (A)(1)(a) of section	14757
2929.25 of the Revised Code or in division (A)(1) of section	14758
2929.15 or (A)(8) of section 2929.27 of the Revised Code that	14759
requires that the person not ingest or be injected with a drug of	14760
abuse and submit to random drug testing and requires that the	14761
results of the drug test indicate that the person did not ingest	14762
or was not injected with a drug of abuse.	14763

(B) UponWithin three business days after making an arrest	14764
under this section, the arresting field officer, probation	14765
officer, or peace officer or the department or agency of the	14766
arresting officer promptly shall notify the chief probation	14767
officer or the chief probation officer's designee that the person	14768
has been arrested. UponWithin thirty days of being notified that	14769
a field officer, probation officer, or peace officer has made an	14770
arrest under this section, the chief probation officer or	14771
designee, or another probation officer designated by the chief	14772
probation officer, promptly shall bring the person who was	14773
arrested before the judge or magistrate before whom the cause was	14774
pending.	14775

(C) Nothing in this section limits the powers of arrest	14776
granted to certain law enforcement officers and citizens under	14777
sections 2935.03 and 2935.04 of the Revised Code.	14778

(D) A probation officer shall receive the actual and	14779
necessary expenses incurred in the performance of the officer's	14780
duties.	14781

(E) As used in this section, "random drug testing" has the	14782
same meaning as in section 5120.63 of the Revised Code.	14783

Sec. 2953.08.  (A) In addition to any other right to appeal	14784
and except as provided in division (D) of this section, a	14785
defendant who is convicted of or pleads guilty to a felony may	14786
appeal as a matter of right the sentence imposed upon the	14787
defendant on one of the following grounds:	14788

(1) The sentence consisted of or included the maximum prison	14789
term allowed for the offense by division (A) of section 2929.14 or	14790
section 2929.142 of the Revised Code, the sentence was not imposed	14791
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	14792
Code, the maximum prison term was not required for the offense	14793
pursuant to Chapter 2925. or any other provision of the Revised	14794
Code, and the court imposed the sentence under one of the	14795
following circumstances:	14796

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

14797

(b) The sentence was imposed for two or more offenses arising	14798
out of a single incident, and the court imposed the maximum prison	14799
term for the offense of the highest degree.	14800

(2) The sentence consisted of or included a prison term, the	14801
offense for which it was imposed is a felony of the fourth or	14802
fifth degree or is a felony drug offense that is a violation of a	14803
provision of Chapter 2925. of the Revised Code and that is	14804
specified as being subject to division (B) of section 2929.13 of	14805
the Revised Code for purposes of sentencing, and the court did not	14806
specify at sentencing that it found one or more factors specified	14807
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	14808
Code to apply relative to the defendant. If the court specifies	14809
that it found one or more of those factors to apply relative to	14810
the defendant, the defendant is not entitled under this division	14811
to appeal as a matter of right the sentence imposed upon the	14812
offender.	14813

(3) The person was convicted of or pleaded guilty to a	14814
violent sex offense or a designated homicide, assault, or	14815
kidnapping offense, was adjudicated a sexually violent predator in	14816
relation to that offense, and was sentenced pursuant to division	14817
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	14818
of the indefinite term imposed pursuant to division (A)(3) of	14819
section 2971.03 of the Revised Code is the longest term available	14820
for the offense from among the range of terms listed in section	14821
2929.14 of the Revised Code. As used in this division, "designated	14822
homicide, assault, or kidnapping offense" and "violent sex	14823
offense" have the same meanings as in section 2971.01 of the	14824
Revised Code. As used in this division, "adjudicated a sexually	14825
violent predator" has the same meaning as in section 2929.01 of	14826
the Revised Code, and a person is "adjudicated a sexually violent	14827
predator" in the same manner and the same circumstances as are	14828
described in that section.	14829

(4) The sentence is contrary to law.

14830

(5) The sentence consisted of an additional prison term of	14831
ten years imposed pursuant to division (D)(B)(2)(a) of section	14832
2929.14 of the Revised Code.	14833

(6) The sentence consisted of an additional prison term of	14834
ten years imposed pursuant to division (D)(3)(b) of section	14835
2929.14 of the Revised Code.	14836

(B) In addition to any other right to appeal and except as	14837
provided in division (D) of this section, a prosecuting attorney,	14838
a city director of law, village solicitor, or similar chief legal	14839
officer of a municipal corporation, or the attorney general, if	14840
one of those persons prosecuted the case, may appeal as a matter	14841
of right a sentence imposed upon a defendant who is convicted of	14842
or pleads guilty to a felony or, in the circumstances described in	14843
division (B)(3) of this section the modification of a sentence	14844
imposed upon such a defendant, on any of the following grounds:	14845

(1) The sentence did not include a prison term despite a	14846
presumption favoring a prison term for the offense for which it	14847
was imposed, as set forth in section 2929.13 or Chapter 2925. of	14848
the Revised Code.	14849

(2) The sentence is contrary to law.

14850

(3) The sentence is a modification under section 2929.20 of	14851
the Revised Code of a sentence that was imposed for a felony of	14852
the first or second degree.	14853

(C)(1) In addition to the right to appeal a sentence granted	14854
under division (A) or (B) of this section, a defendant who is	14855
convicted of or pleads guilty to a felony may seek leave to appeal	14856
a sentence imposed upon the defendant on the basis that the	14857
sentencing judge has imposed consecutive sentences under division	14858
(E)(C)(3) or (4) of section 2929.14 of the Revised Code and that	14859
the consecutive sentences exceed the maximum prison term allowed	14860
by division (A) of that section for the most serious offense of	14861
which the defendant was convicted. Upon the filing of a motion	14862
under this division, the court of appeals may grant leave to	14863
appeal the sentence if the court determines that the allegation	14864
included as the basis of the motion is true.	14865

(2) A defendant may seek leave to appeal an additional	14866
sentence imposed upon the defendant pursuant to division	14867
(D)(B)(2)(a) or (b) of section 2929.14 of the Revised Code if the	14868
additional sentence is for a definite prison term that is longer	14869
than five years.	14870

(D)(1) A sentence imposed upon a defendant is not subject to	14871
review under this section if the sentence is authorized by law,	14872
has been recommended jointly by the defendant and the prosecution	14873
in the case, and is imposed by a sentencing judge.	14874

(2) Except as provided in division (C)(2) of this section, a	14875
sentence imposed upon a defendant is not subject to review under	14876
this section if the sentence is imposed pursuant to division	14877
(D)(B)(2)(b) of section 2929.14 of the Revised Code. Except as	14878
otherwise provided in this division, a defendant retains all	14879
rights to appeal as provided under this chapter or any other	14880
provision of the Revised Code. A defendant has the right to appeal	14881
under this chapter or any other provision of the Revised Code the	14882
court's application of division (D)(B)(2)(c) of section 2929.14 of	14883
the Revised Code.	14884

(3) A sentence imposed for aggravated murder or murder	14885
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	14886
subject to review under this section.	14887

(E) A defendant, prosecuting attorney, city director of law,	14888
village solicitor, or chief municipal legal officer shall file an	14889
appeal of a sentence under this section to a court of appeals	14890
within the time limits specified in Rule 4(B) of the Rules of	14891
Appellate Procedure, provided that if the appeal is pursuant to	14892
division (B)(3) of this section, the time limits specified in that	14893
rule shall not commence running until the court grants the motion	14894
that makes the sentence modification in question. A sentence	14895
appeal under this section shall be consolidated with any other	14896
appeal in the case. If no other appeal is filed, the court of	14897
appeals may review only the portions of the trial record that	14898
pertain to sentencing.	14899

(F) On the appeal of a sentence under this section, the	14900
record to be reviewed shall include all of the following, as	14901
applicable:	14902

(1) Any presentence, psychiatric, or other investigative	14903
report that was submitted to the court in writing before the	14904
sentence was imposed. An appellate court that reviews a	14905
presentence investigation report prepared pursuant to section	14906
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	14907
connection with the appeal of a sentence under this section shall	14908
comply with division (D)(3) of section 2951.03 of the Revised Code	14909
when the appellate court is not using the presentence	14910
investigation report, and the appellate court's use of a	14911
presentence investigation report of that nature in connection with	14912
the appeal of a sentence under this section does not affect the	14913
otherwise confidential character of the contents of that report as	14914
described in division (D)(1) of section 2951.03 of the Revised	14915
Code and does not cause that report to become a public record, as	14916
defined in section 149.43 of the Revised Code, following the	14917
appellate court's use of the report.	14918

(2) The trial record in the case in which the sentence was	14919
imposed;	14920

(3) Any oral or written statements made to or by the court at	14921
the sentencing hearing at which the sentence was imposed;	14922

(4) Any written findings that the court was required to make	14923
in connection with the modification of the sentence pursuant to a	14924
judicial release under division (I) of section 2929.20 of the	14925
Revised Code.	14926

(G)(1) If the sentencing court was required to make the	14927
findings required by division (B) or (D) of section 2929.13,	14928
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I)	14929
of section 2929.20 of the Revised Code, or to state the findings	14930
of the trier of fact required by division (B)(2)(e) of section	14931
2929.14 of the Revised Code, relative to the imposition or	14932
modification of the sentence, and if the sentencing court failed	14933
to state the required findings on the record, the court hearing an	14934
appeal under division (A), (B), or (C) of this section shall	14935
remand the case to the sentencing court and instruct the	14936
sentencing court to state, on the record, the required findings.	14937

(2) The court hearing an appeal under division (A), (B), or	14938
(C) of this section shall review the record, including the	14939
findings underlying the sentence or modification given by the	14940
sentencing court.	14941

The appellate court may increase, reduce, or otherwise modify	14942
a sentence that is appealed under this section or may vacate the	14943
sentence and remand the matter to the sentencing court for	14944
resentencing. The appellate court's standard for review is not	14945
whether the sentencing court abused its discretion. The appellate	14946
court may take any action authorized by this division if it	14947
clearly and convincingly finds either of the following:	14948

(a) That the record does not support the sentencing court's	14949
findings under division (B) or (D) of section 2929.13, division	14950
(D)(B)(2)(e) or (E)(C)(4) of section 2929.14, or division (I) of	14951
section 2929.20 of the Revised Code, whichever, if any, is	14952
relevant;	14953

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

14954

(H) A judgment or final order of a court of appeals under	14955
this section may be appealed, by leave of court, to the supreme	14956
court.	14957

(I)(1) There is hereby established the felony sentence appeal	14958
cost oversight committee, consisting of eight members. One member	14959
shall be the chief justice of the supreme court or a	14960
representative of the court designated by the chief justice, one	14961
member shall be a member of the senate appointed by the president	14962
of the senate, one member shall be a member of the house of	14963
representatives appointed by the speaker of the house of	14964
representatives, one member shall be the director of budget and	14965
management or a representative of the office of budget and	14966
management designated by the director, one member shall be a judge	14967
of a court of appeals, court of common pleas, municipal court, or	14968
county court appointed by the chief justice of the supreme court,	14969
one member shall be the state public defender or a representative	14970
of the office of the state public defender designated by the state	14971
public defender, one member shall be a prosecuting attorney	14972
appointed by the Ohio prosecuting attorneys association, and one	14973
member shall be a county commissioner appointed by the county	14974
commissioners association of Ohio. No more than three of the	14975
appointed members of the committee may be members of the same	14976
political party.	14977

The president of the senate, the speaker of the house of	14978
representatives, the chief justice of the supreme court, the Ohio	14979
prosecuting attorneys association, and the county commissioners	14980
association of Ohio shall make the initial appointments to the	14981
committee of the appointed members no later than ninety days after	14982
July 1, 1996. Of those initial appointments to the committee, the	14983
members appointed by the speaker of the house of representatives	14984
and the Ohio prosecuting attorneys association shall serve a term	14985
ending two years after July 1, 1996, the member appointed by the	14986
chief justice of the supreme court shall serve a term ending three	14987
years after July 1, 1996, and the members appointed by the	14988
president of the senate and the county commissioners association	14989
of Ohio shall serve terms ending four years after July 1, 1996.	14990
Thereafter, terms of office of the appointed members shall be for	14991
four years, with each term ending on the same day of the same	14992
month as did the term that it succeeds. Members may be	14993
reappointed. Vacancies shall be filled in the same manner provided	14994
for original appointments. A member appointed to fill a vacancy	14995
occurring prior to the expiration of the term for which that	14996
member's predecessor was appointed shall hold office as a member	14997
for the remainder of the predecessor's term. An appointed member	14998
shall continue in office subsequent to the expiration date of that	14999
member's term until that member's successor takes office or until	15000
a period of sixty days has elapsed, whichever occurs first.	15001

If the chief justice of the supreme court, the director of	15002
the office of budget and management, or the state public defender	15003
serves as a member of the committee, that person's term of office	15004
as a member shall continue for as long as that person holds office	15005
as chief justice, director of the office of budget and management,	15006
or state public defender. If the chief justice of the supreme	15007
court designates a representative of the court to serve as a	15008
member, the director of budget and management designates a	15009
representative of the office of budget and management to serve as	15010
a member, or the state public defender designates a representative	15011
of the office of the state public defender to serve as a member,	15012
the person so designated shall serve as a member of the commission	15013
for as long as the official who made the designation holds office	15014
as chief justice, director of the office of budget and management,	15015
or state public defender or until that official revokes the	15016
designation.	15017

The chief justice of the supreme court or the representative	15018
of the supreme court appointed by the chief justice shall serve as	15019
chairperson of the committee. The committee shall meet within two	15020
weeks after all appointed members have been appointed and shall	15021
organize as necessary. Thereafter, the committee shall meet at	15022
least once every six months or more often upon the call of the	15023
chairperson or the written request of three or more members,	15024
provided that the committee shall not meet unless moneys have been	15025
appropriated to the judiciary budget administered by the supreme	15026
court specifically for the purpose of providing financial	15027
assistance to counties under division (I)(2) of this section and	15028
the moneys so appropriated then are available for that purpose.	15029

The members of the committee shall serve without	15030
compensation, but, if moneys have been appropriated to the	15031
judiciary budget administered by the supreme court specifically	15032
for the purpose of providing financial assistance to counties	15033
under division (I)(2) of this section, each member shall be	15034
reimbursed out of the moneys so appropriated that then are	15035
available for actual and necessary expenses incurred in the	15036
performance of official duties as a committee member.	15037

(2) The state criminal sentencing commission periodically	15038
shall provide to the felony sentence appeal cost oversight	15039
committee all data the commission collects pursuant to division	15040
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	15041
data from the state criminal sentencing commission, the felony	15042
sentence appeal cost oversight committee periodically shall review	15043
the data; determine whether any money has been appropriated to the	15044
judiciary budget administered by the supreme court specifically	15045
for the purpose of providing state financial assistance to	15046
counties in accordance with this division for the increase in	15047
expenses the counties experience as a result of the felony	15048
sentence appeal provisions set forth in this section or as a	15049
result of a postconviction relief proceeding brought under	15050
division (A)(2) of section 2953.21 of the Revised Code or an	15051
appeal of a judgment in that proceeding; if it determines that any	15052
money has been so appropriated, determine the total amount of	15053
moneys that have been so appropriated specifically for that	15054
purpose and that then are available for that purpose; and develop	15055
a recommended method of distributing those moneys to the counties.	15056
The committee shall send a copy of its recommendation to the	15057
supreme court. Upon receipt of the committee's recommendation, the	15058
supreme court shall distribute to the counties, based upon that	15059
recommendation, the moneys that have been so appropriated	15060
specifically for the purpose of providing state financial	15061
assistance to counties under this division and that then are	15062
available for that purpose.	15063

Sec. 2961.21.  As used in sections 2961.21 to 2961.24 of the	15064
Revised Code:	15065

(A)(1) "Discretionary civil impact" means any section of the	15066
Revised Code or the Administrative Code that creates a penalty,	15067
disability, or disadvantage, however denominated, to which all of	15068
the following apply:	15069

(a) It is triggered in whole or in part by a person's	15070
conviction of an offense, whether or not the penalty, disability,	15071
or disadvantage is included in the judgment or sentence.	15072

(b) It is imposed on a person, licensing agency, or employer.

15073

(c) It permits, but does not require, that the person with	15074
the conviction record have a license denied or revoked, permits an	15075
agency to deny or revoke a license or certification to the person	15076
with the conviction record or business, or permits a business to	15077
refuse to employ the person with the conviction record.	15078

(2) "Discretionary civil impact" does not include	15079
imprisonment, probation, parole, supervised release, forfeiture,	15080
restitution, fine, assessment, or costs of prosecution.	15081

(B) "Eligible prisoner" means any of the following:

15082

(1) A prisoner who is serving a prison term in a state	15083
correctional institution and who satisfies all of the criteria	15084
specified in division (A)(1) of section 2961.22 of the Revised	15085
Code to be eligible to apply to the department of rehabilitation	15086
and correction or the sentencing court for a certificate of	15087
achievement and employability;	15088

(2) A prisoner who has been released from a state	15089
correctional institution, who is under supervision on parole or	15090
under a post-release control sanction, and who satisfies all of	15091
the criteria specified in division (A)(1) of section 2961.22 of	15092
the Revised Code to be eligible to apply to the adult parole	15093
authority for a certificate of achievement and employability.	15094

(C) "Licensing agency" means any of the following:

15095

(1) Any agency identified as a "licensing agency" under	15096
section 4776.01 of the Revised Code.	15097

(2) Any regulatory or licensing board or agency not included	15098
in division (C)(1) of this section that has the administrative	15099
authority to issue, suspend, or revoke any professional license or	15100
certification or any license or certification that enables a	15101
person or entity to engage in any profession or occupation to	15102
attain a specified status or position.	15103

(D)(1) "Mandatory civil impact" means any section of the	15104
Revised Code or the Administrative Code that creates a penalty,	15105
disability, or disadvantage, however denominated, to which all of	15106
the following apply:	15107

(a) It is triggered automatically solely by a person's	15108
conviction of an offense, whether or not the penalty, disability,	15109
or disadvantage is included in the judgment or sentence.	15110

(b) It is imposed on a person, licensing agency, or employer.

15111

(c) It precludes the person with the criminal record from	15112
maintaining or obtaining licensure or employment, precludes the	15113
agency from issuing a license or certification to the person with	15114
the criminal record or business, or precludes a business from	15115
being certified or from employing the person with the criminal	15116
record.	15117

(2) "Mandatory civil impact" does not include imprisonment,	15118
probation, parole, supervised release, forfeiture, restitution,	15119
fine, assessment, or costs of prosecution.	15120

Sec. 2961.22.  (A)(1) Any prisoner serving a prison term in a	15121
state correctional institution who satisfies all of the following	15122
is eligible to apply to the department of rehabilitation and	15123
correction at a time specified in division (A)(2) of this section	15124
and in accordance with division (D) of this section for a	15125
certificate of achievement and employability:	15126

(a) The prisoner has satisfactorily completed one or more	15127
in-prison vocational programs approved by rule by the department	15128
of rehabilitation and correction.	15129

(b) The prisoner has demonstrated exemplary performance as	15130
determined by completion of one or more cognitive or behavioral	15131
improvement programs approved by rule by the department while	15132
incarcerated in a state correctional institution, while under	15133
supervision, or during both periods of time.	15134

(c) The prisoner has completed community service hours.

15135

(d) The prisoner shows other evidence of achievement and	15136
rehabilitation while under the jurisdiction of the department.	15137

(2) An eligible prisoner may apply to the department of	15138
rehabilitation and correction under division (A)(1) of this	15139
section for a certificate of achievement and employability no	15140
earlier than one year prior to the date scheduled for the release	15141
of the prisoner from department custody and no later than the date	15142
of release of the prisoner.	15143

(B)(1) Any prisoner who has been released from a state	15144
correctional institution, who is under supervision on parole or	15145
under a post-release control sanction, and who satisfies all of	15146
the criteria set forth in division (A)(1) of this section is	15147
eligible to apply to the adult parole authority at a time	15148
specified in division (B)(2) of this section and in accordance	15149
with division (D) of this section for a certificate of achievement	15150
and employability.	15151

(2) An eligible prisoner may apply to the adult parole	15152
authority under division (B)(1) of this section for a certificate	15153
of achievement and employability at any time while the prisoner is	15154
under supervision on parole or under a post-release control	15155
sanction.	15156

(C)(1) An eligible prisoner may apply to the department of	15157
rehabilitation and correction or to the adult parole authority at	15158
a time specified in division (A) or (B) of this section, whichever	15159
is applicable, for a certificate of achievement and employability	15160
that grants the prisoner relief from one or more mandatory civil	15161
impacts that would affect a potential job within a field in which	15162
the prisoner trained as part of the prisoner's in-prison	15163
vocational program. The prisoner shall specify the mandatory civil	15164
impacts from which the prisoner is requesting relief under the	15165
certificate. Upon application by a prisoner in accordance with	15166
this division, if the mandatory civil impact of any licensing	15167
agency would be affected by the issuance of the certificate to the	15168
prisoner, the department or authority shall notify the licensing	15169
agency of the filing of the application, provide the licensing	15170
agency with a copy of the application and all evidence that the	15171
department, authority, or court has regarding the prisoner, and	15172
afford the licensing agency with an opportunity to object in	15173
writing to the issuance of the certificate to the prisoner.	15174

(2) Upon application by a prisoner in accordance with	15175
division (C)(1) of this section, the department of rehabilitation	15176
and correction or the adult parole authority, whichever is	15177
applicable, shall consider the application and all objections to	15178
the issuance of a certificate of achievement and employability to	15179
the prisoner, if any, that were made by a licensing agency under	15180
division (C)(1) of this section. If the department or authority	15181
determines that the prisoner is an eligible prisoner, that the	15182
application was filed at a time specified in division (B) of this	15183
section, and that any licensing agency objections to the issuance	15184
of the certificate to the prisoner are not sufficient to deny the	15185
issuance of the certificate to the prisoner, subject to division	15186
(C)(3) of this section, the department or authority shall issue	15187
the prisoner a certificate of achievement and employability that	15188
grants the prisoner relief from the mandatory civil impacts that	15189
are specified in the prisoner's application and that would affect	15190
a potential job within a field in which the prisoner trained as	15191
part of the prisoner's in-prison vocational program.	15192

(3) The mandatory civil impacts identified in division (A)(1)	15193
of section 2961.01 and in division (B) of section 2961.02 of the	15194
Revised Code shall not be affected by any certificate of	15195
achievement and employability issued under this section. No	15196
certificate of achievement and employability issued to a prisoner	15197
under this section grants the prisoner relief from the mandatory	15198
civil impacts identified in division (A)(1) of section 2961.01 and	15199
in division (B) of section 2961.02 of the Revised Code.	15200

(E) The department of rehabilitation and correction shall	15201
adopt rules that define in-prison vocational programs and	15202
cognitive or behavioral improvement programs that a prisoner may	15203
complete to satisfy the criteria described in divisions (A)(1)(a)	15204
and (b) of this section.	15205

Sec. 2961.23.  (A)(1) If a person who has been issued a	15206
certificate of achievement and employability under section 2961.22	15207
of the Revised Code applies to a licensing agency for a license or	15208
certificate and the person has a conviction or guilty plea that	15209
otherwise would bar licensure or certification for the person	15210
because of a mandatory civil impact, the agency shall give the	15211
person individualized consideration for the license or	15212
certification, notwithstanding the mandatory civil impact, the	15213
mandatory civil impact shall be considered for all purposes to be	15214
a discretionary civil impact, and the certificate constitutes a	15215
rebuttable presumption that the person's criminal convictions are	15216
insufficient evidence that the person is unfit for the license or	15217
certification in question. Notwithstanding the presumption	15218
established under this division, the agency may deny the license	15219
or certification for the person if it determines that the person	15220
is unfit for issuance of the license.	15221

(2) If an employer that has hired a person who has been	15222
issued a certificate of achievement and employability under	15223
section 2961.22 of the Revised Code applies to a licensing agency	15224
for a license or certification and the person has a conviction or	15225
guilty plea that otherwise would bar the person's employment with	15226
the employer or licensure for the employer because of a mandatory	15227
civil impact, the agency shall give the person individualized	15228
consideration, notwithstanding the mandatory civil impact, the	15229
mandatory civil impact shall be considered for all purposes to be	15230
a discretionary civil impact, and the certificate constitutes a	15231
rebuttable presumption that the person's criminal convictions are	15232
insufficient evidence that the person is unfit for the employment,	15233
or that the employer is unfit for the license or certification, in	15234
question. Notwithstanding the presumption established under this	15235
division, the agency may deny the license or certification for the	15236
employer if it determines that the person is unfit for the	15237
employment or that the employer is unfit for the license or	15238
certification.	15239

(B) If an employer hires a person who has been issued a	15240
certificate of achievement and employability under section 2961.22	15241
of the Revised Code and if the person presents the employer with a	15242
copy of the certificate, all of the following apply:	15243

(1) If a subsequent civil action against the employer alleges	15244
that the employer was negligent in hiring the person and if the	15245
civil action includes as an element of the alleged negligence that	15246
the employer had actual or constructive knowledge of the	15247
incompetence or dangerousness of the person, the person's	15248
presentation of the certificate to the employer is an absolute	15249
defense for the employer to the element of the employer's actual	15250
or constructive knowledge of the incompetence or dangerousness of	15251
the person.	15252

(2) If the person, after being hired, subsequently	15253
demonstrates incompetence or dangerousness and if the employer	15254
retains the person as an employee after the demonstration of	15255
incompetence or dangerousness, the employer may be held liable in	15256
a civil action that is based on or relates to the retention of the	15257
person as an employee only if it is proved by a preponderance of	15258
the evidence that the employer was reckless in retaining the	15259
person as an employee after the demonstration of incompetence or	15260
dangerousness.	15261

Sec. 2961.24.  The department of rehabilitation and	15262
correction shall adopt rules that specify standards and criteria	15263
for the revocation of a certificate of achievement and	15264
employability issued under section 2961.22 of the Revised Code.	15265
The rules shall require revocation of a certificate that has been	15266
issued to a person if the person is convicted of or pleads guilty	15267
to any offense other than a minor misdemeanor or a traffic	15268
offense. The rules shall not provide for revocation of a	15269
certificate that has been issued to a person based on a violation	15270
of a condition of conditional pardon, parole, other form of	15271
authorized release, transitional control, or post-release control	15272
under section 2967.15 of the Revised Code that is not also a	15273
criminal offense under any other section of the Revised Code.	15274

Sec. 2967.14.  (A) The department of rehabilitation and	15275
correction or the adult parole authority may require or allow a	15276
parolee or, a releasee, or a prisoner otherwise released from a	15277
state correctional institution to reside in a halfway house or	15278
other suitable community residential center that has been licensed	15279
by the division of parole and community services pursuant to	15280
division (C) of this section during a part or for the entire	15281
period of the offender's or parolee's conditional release or of	15282
the releasee's term of post-release control. The court of common	15283
pleas that placed an offender under a sanction consisting of a	15284
term in a halfway house or in an alternative residential sanction	15285
may require the offender to reside in a halfway house or other	15286
suitable community residential center that is designated by the	15287
court and that has been licensed by the division pursuant to	15288
division (C) of this section during a part or for the entire	15289
period of the offender's residential sanction.	15290

(B) The division of parole and community services may	15291
negotiate and enter into agreements with any public or private	15292
agency or a department or political subdivision of the state that	15293
operates a halfway house, reentry center, or community residential	15294
center that has been licensed by the division pursuant to division	15295
(C) of this section. An agreement under this division shall	15296
provide for the purchase of beds, shall set limits of supervision	15297
and levels of occupancy, and shall determine the scope of services	15298
for all eligible offenders, including those subject to a	15299
residential sanction, as defined in rules adopted by the director	15300
of rehabilitation and correction in accordance with Chapter 119.	15301
of the Revised Code, or those released from prison without	15302
supervision. The payments for beds and services shall be equal to	15303
the halfway house's or community residential center's average	15304
daily per capita costs with its facility at full occupancy. The	15305
payments for beds and services shall not exceed the total	15306
operating costs of the halfway house, reentry center, or community	15307
residential center during the term of an agreement. The director	15308
of rehabilitation and correction shall adopt rules in accordance	15309
with Chapter 119. of the Revised Code for determining includable	15310
and excludable costs and income to be used in computing the	15311
agency's average daily per capita costs with its facility at full	15312
occupancy.	15313

The department of rehabilitation and correction may use no	15314
more than ten per cent of the amount appropriated to the	15315
department each fiscal year for the halfway house, reentry center,	15316
and community residential center program to pay for contracts for	15317
nonresidential services for offenders under the supervision of the	15318
adult parole authority. The nonresidential services may include,	15319
but are not limited to, treatment for substance abuse, mental	15320
health counseling, and counseling for sex offenders, and	15321
electronic monitoring services.	15322

(C) The division of parole and community services may license	15323
a halfway house, reentry center, or community residential center	15324
as a suitable facility for the care and treatment of adult	15325
offenders, including offenders sentenced under section 2929.16 or	15326
2929.26 of the Revised Code, only if the halfway house, reentry	15327
center, or community residential center complies with the	15328
standards that the division adopts in accordance with Chapter 119.	15329
of the Revised Code for the licensure of halfway houses, reentry	15330
centers, and community residential centers. The division shall	15331
annually inspect each licensed halfway house, licensed reentry	15332
center, and licensed community residential center to determine if	15333
it is in compliance with the licensure standards.	15334

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

15335

(1) "Deadly weapon" and "dangerous ordnance" have the same	15336
meanings as in section 2923.11 of the Revised.	15337

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

15338

(a) A prison term imposed for aggravated murder, murder,	15339
voluntary manslaughter, involuntary manslaughter, felonious	15340
assault, kidnapping, rape, aggravated arson, aggravated burglary,	15341
or aggravated robbery;	15342

(b) A prison term imposed for complicity in, an attempt to	15343
commit, or conspiracy to commit any offense listed in division	15344
(A)(2)(a) of this section;	15345

(c) A prison term of life imprisonment, including any term of	15346
life imprisonment that has parole eligibility;	15347

(d) A prison term imposed for any felony other than carrying	15348
a concealed weapon an essential element of which is any conduct or	15349
failure to act expressly involving any deadly weapon or dangerous	15350
ordnance;	15351

(e) A prison term imposed for any violation of section	15352
2925.03 of the Revised Code that is a felony of the first or	15353
second degree;	15354

(f) A prison term imposed for engaging in a pattern of	15355
corrupt activity in violation of section 2923.32 of the Revised	15356
Code;	15357

(g) A prison term imposed pursuant to section 2971.03 of the	15358
Revised Code;	15359

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

15360

(3) "Eligible prison term" means any prison term that is not	15361
a disqualifying prison term and is not a restricting prison term.	15362

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

15363

(a) A mandatory prison term imposed under division (D)(1)(a),	15364
(D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section	15365
2929.14 of the Revised Code for a specification of the type	15366
described in that division;	15367

(b) In the case of an offender who has been sentenced to a	15368
mandatory prison term for a specification of the type described in	15369
division (A)(4)(a) of this section, the prison term imposed for	15370
the felony offense for which the specification was stated at the	15371
end of the body of the indictment, count in the indictment, or	15372
information charging the offense;	15373

(c) A prison term imposed for trafficking in persons;

15374

(d) A prison term imposed for any offense that is described	15375
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	15376
of this section applies to the offender:	15377

(i) The offense is a felony of the first or second degree	15378
that is an offense of violence and that is not described in	15379
division (A)(2)(a) or (b) of this section, an attempt to commit a	15380
felony of the first or second degree that is an offense of	15381
violence and that is not described in division (A)(2)(a) or (b) of	15382
this section if the attempt is a felony of the first or second	15383
degree, or an offense under an existing or former law of this	15384
state, another state, or the United States that is or was	15385
substantially equivalent to any other offense described in this	15386
division.	15387

(ii) The offender previously was convicted of or pleaded	15388
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	15389
this section.	15390

(5) "Sexually oriented offense" has the same meaning as in	15391
section 2950.01 of the Revised Code.	15392

(B) The director of rehabilitation and correction may	15393
petition the sentencing court for the release from prison of any	15394
offender confined in a state correctional institution under a	15395
stated prison term of one year or more who is eligible under	15396
division (C) of this section for a release under this section and	15397
who has served at least eighty per cent of that stated prison term	15398
that remains to be served after the offender becomes eligible as	15399
described in that division. If the director wishes to submit a	15400
petition for release under this section, the director shall submit	15401
the petition not earlier than ninety days prior to the date on	15402
which the offender has served eighty per cent of the offender's	15403
stated prison term that remains to be served after the offender	15404
becomes eligible as described in division (C) of this section. The	15405
director's submission of a petition for release under this section	15406
constitutes a recommendation by the director that the court	15407
strongly consider release of the offender consistent with the	15408
purposes and principles of sentencing set forth in sections	15409
2929.11 and 2929.13 of the Revised Code.	15410

(C)(1) An offender serving a stated prison term of one year	15411
or more and who has commenced service of that stated prison term	15412
becomes eligible for release from prison under this section only	15413
as described in this division. An offender serving a stated prison	15414
term that includes a disqualifying prison term is not eligible for	15415
release from prison under this section. An offender serving a	15416
stated prison term that consists solely of one or more restricting	15417
prison terms is not eligible for release under this section. An	15418
offender serving a stated prison term of one year or more that	15419
includes one or more restricting prison terms and one or more	15420
eligible prison terms becomes eligible for release under this	15421
section after having fully served each restricting prison term. An	15422
offender serving a stated prison term that consists solely of one	15423
or more eligible prison terms becomes eligible for release under	15424
this section upon the offender's commencement of service of that	15425
stated prison term. After an offender becomes eligible for release	15426
under this section, the director of rehabilitation and correction	15427
may petition for the release of the offender under division (C)(2)	15428
of this section no earlier than ninety days before the offender	15429
has served the portion of the offender's stated prison term	15430
specified in that division. For purposes of determining an	15431
offender's eligibility for release under this section, if the	15432
offender's stated prison term includes consecutive prison terms,	15433
any restricting prison terms shall be deemed served prior to any	15434
eligible prison terms that run consecutively to the restricting	15435
prison terms, and the eligible prison terms are deemed to commence	15436
after all of the restricting prison terms have been fully served.	15437

An offender serving a stated prison term one one year or more	15438
that includes a mandatory prison term that is not a disqualifying	15439
prison term and is not a restricting prison term is not	15440
automatically ineligible as a result of the offender's service of	15441
that mandatory term for release from prison under this section,	15442
and the offender's eligibility for release from prison under this	15443
section is determined in accordance with this division.	15444

(2) If an offender confined in a state correctional	15445
institution under a stated prison term is eligible for release	15446
under this section as described in division (C)(1) of this	15447
section, the director of rehabilitation and correction may	15448
petition the sentencing court pursuant to division (B) of this	15449
section for the release from prison of the offender.	15450

(D) The director shall include with any petition submitted to	15451
the sentencing court under this section an institutional summary	15452
report that covers the offender's participation while confined in	15453
a state correctional institution in school, training, work,	15454
treatment, and other rehabilitative activities and any	15455
disciplinary action taken against the offender while so confined.	15456
The director shall include with the petition a post-release	15457
control assessment and placement plan, when relevant, and any	15458
other documentation requested by the court, if available.	15459

(E) When the director submits a petition under this section	15460
for release of an offender, the department promptly shall provide	15461
to the prosecuting attorney of the county in which the offender	15462
was indicted a copy of the petition, a copy of the institutional	15463
summary report, and any other information provided to the court.	15464
The department also promptly shall give notice of the filing of	15465
the petition to any victim of the offender or victim's	15466
representative of any victim of the offender who is registered	15467
with the office of victim's services.	15468

The department also shall post notice of the petition on the	15469
database it maintains under section 5120.66 of the Revised Code	15470
and include information on where a person may send comments	15471
regarding the petition.	15472

(F) Upon receipt of a petition for release of an offender	15473
submitted by the director under this section, the court may deny	15474
the petition without a hearing. The court shall not grant a	15475
petition for release of an offender without a hearing. If a court	15476
denies a petition for release of an offender without a hearing,	15477
the court may later consider release of that offender on a	15478
subsequent petition. The court shall enter its ruling within	15479
thirty days after the petition is filed.	15480

(G) If the court grants a hearing on a petition for release	15481
of an offender submitted under this section, the court shall	15482
notify the head of the state correctional institution in which the	15483
offender is confined of the hearing prior to the hearing. If the	15484
court makes a journal entry ordering the offender to be conveyed	15485
to the hearing, except as otherwise provided in this division, the	15486
head of the correctional institution shall deliver the offender to	15487
the sheriff of the county in which the hearing is to be held, and	15488
the sheriff shall convey the offender to and from the hearing.	15489
Upon the court's own motion or the motion of the offender or the	15490
prosecuting attorney of the county in which the offender was	15491
indicted, the court may permit the offender to appear at the	15492
hearing by video conferencing equipment if equipment of that	15493
nature is available and compatible.	15494

Upon receipt of notice from a court of a hearing on the	15495
release of an offender under this division, the head of the state	15496
correctional institution in which the offender is confined	15497
immediately shall notify the appropriate person at the department	15498
of rehabilitation and correction of the hearing, and the	15499
department within twenty-four hours after receipt of the notice	15500
shall post on the database it maintains pursuant to section	15501
5120.66 of the Revised Code the offender's name and all of the	15502
information specified in division (A)(1)(c)(i) of that section. If	15503
the court grants a hearing on a petition for release of an	15504
offender under this section, the court promptly shall give notice	15505
of the hearing to the prosecuting attorney of the county in which	15506
the offender was indicted. Upon receipt of the notice from the	15507
court, the prosecuting attorney shall notify pursuant to section	15508
2930.16 of the Revised Code any victim of the offender or the	15509
victim's representative of the hearing.	15510

(H) If the court grants a hearing on a petition for release	15511
of an offender under this section, at the hearing, the court shall	15512
afford the offender and the offender's attorney an opportunity to	15513
present written information and, if present, oral information	15514
relevant to the motion. The court shall afford a similar	15515
opportunity to the prosecuting attorney, victim or victim's	15516
representative, as defined in section 2930.01 of the Revised Code,	15517
and any other person the court determines is likely to present	15518
additional relevant information. If the court pursuant to division	15519
(G) of this section permits the offender to appear at the hearing	15520
by video conferencing equipment, the offender's opportunity to	15521
present oral information shall be as a part of the video	15522
conferencing. The court shall consider any statement of a victim	15523
made under section 2930.14 or 2930.17 of the Revised Code, any	15524
victim impact statement prepared under 2947.051 of the Revised	15525
Code, and any report, plan, and other documentation submitted by	15526
the director under division (D) of this section. After ruling on	15527
the motion, the court shall notify the victim in accordance with	15528
sections 2930.03 and 2930.16 of the Revised Code.	15529

(I) If the court grants a petition for release of an offender	15530
under this section, it shall order the release of the offender,	15531
shall place the offender under one or more appropriate community	15532
control sanctions, under appropriate conditions, and under the	15533
supervision of the department of probation that serves the court,	15534
and shall reserve the right to reimpose the sentence that it	15535
reduced and from which the offender was released if the offender	15536
violates the sanction. The court shall not make a release under	15537
this section effective prior to the date on which the offender has	15538
served at least eighty per cent of the offender's stated prison	15539
term that remains to be served after the offender becomes eligible	15540
as described in division (C) of this section. If the sentence	15541
under which the offender is confined in a state correctional	15542
institution and from which the offender is being released was	15543
imposed for a felony of the first or second degree, the court	15544
shall consider ordering that the offender be monitored by means of	15545
a global positioning device. If the court reimposes the sentence	15546
that it reduced and from which the offender was released and if	15547
the violation of the sanction is a new offense, the court may	15548
order that the reimposed sentence be served either concurrently	15549
with, or consecutive to, any new sentence imposed upon the	15550
offender as a result of the violation that is a new offense. The	15551
period of all community control sanctions imposed under this	15552
division shall not exceed five years. The court, in its	15553
discretion, may reduce the period of community control sanctions	15554
by the amount of time the offender spent in jail or prison for the	15555
offense.	15556

If the court grants a petition for release of an offender	15557
under this section, it shall notify the appropriate person at the	15558
department of rehabilitation and correction of the release, and	15559
the department shall post notice of the release on the database it	15560
maintains pursuant to section 5120.66 of the Revised Code.	15561

(J) The department shall adopt under Chapter 119. of the	15562
Revised Code any rules necessary to implement this section.	15563

Sec. 2967.193.  (A)(1) Except as provided in division (C) of	15564
this section or in section 2929.13, 2929.14, or 2967.13 of the	15565
Revised Codeand subject to the maximum aggregate total specified	15566
in division (A)(3) of this section, a person confined in a state	15567
correctional institution may provisionally earn one day or five	15568
days of credit as a deduction from, based on the category set	15569
forth in division (D)(1), (2), (3), (4), or (5) of this section in	15570
which the person is included, toward satisfaction of the person's	15571
stated prison term for each fullcompleted month during which the	15572
person productively participates in an education program,	15573
vocational training, employment in prison industries, treatment	15574
for substance abuse, treatment as a sex offender, or any other	15575
constructive program developed by the department with specific	15576
standards for performance by prisoners. Except as provided in	15577
division (C) of this section and subject to the maximum aggregate	15578
total specified in division (A)(3) of this section, a person so	15579
confined who successfully completes two programs or activities of	15580
that type may, in addition, provisionally earn up to five days of	15581
credit toward satisfaction of the person's stated prison term for	15582
the successful completion of the second program or activity. The	15583
person shall not be awarded any provisional days of credit for the	15584
successful completion of the first program or activity or for the	15585
successful completion of any program or activity that is completed	15586
after the second program or activity. At the end of each calendar	15587
month in which a prisoner productively participates in a program	15588
or activity listed in this division or successfully completes a	15589
program or activity listed in this division, the department of	15590
rehabilitation and correction shall deduct one day from the date	15591
on which the prisoner's stated prison term will expiredetermine	15592
and record the total number of days credit that the prisoner	15593
provisionally earned in that calendar month. If the prisoner	15594
violates prison rules, the department may deny the prisoner a	15595
credit that otherwise could have been provisionally awarded to the	15596
prisoner or may withdraw one or more credits previously	15597
provisionally earned by the prisoner.	15598

(2) If a person confined in a state correctional institution	15599
provisionally earns any days of credit under division (A)(1) of	15600
this section, not earlier than the date on which fifteen per cent	15601
of the person's stated prison term remains to be served and not	15602
later than the date on which ten per cent of that stated prison	15603
term remains to be served, the department shall decide in	15604
accordance with this division whether the person shall be finally	15605
credited the days provisionally earned as a deduction from the	15606
person's stated prison term. The department may make the decision	15607
without conducting a hearing. The department may hold a hearing to	15608
make the decision. In making the decision, the department shall	15609
determine whether the person while serving the stated prison term	15610
assaulted any other inmate, any staff of the institution or the	15611
department, or any visitor to the institution or committed any	15612
major violation of prison rules. If the department determines that	15613
the person while serving the stated prison term assaulted any	15614
other inmate, any staff of the institution or of the department,	15615
or any visitor to the institution or committed any major violation	15616
of prison rules, the department may deny some or all of the days	15617
of credit the person provisionally earned under division (A)(1) of	15618
this section, in accordance with the schedule the department	15619
adopts under division (B) of this section. The days of credit the	15620
person provisionally earned that the department does not deny,	15621
subject to the maximum aggregate total specified in division	15622
(A)(3) of this section, shall be finally credited to the person as	15623
a deduction from the person's stated prison term and shall be	15624
credited from the date on which the person's stated prison term	15625
will expire. Absent such a finding, the department, subject to the	15626
maximum aggregate total specified in division (A)(3) of this	15627
section, shall finally credit to the person the days provisionally	15628
earned under division (A)(1) of this section as a deduction from	15629
the person's stated prison term, and those days shall be credited	15630
from the date on which the person's stated prison term will	15631
expire.	15632

(3) The aggregate days of credit provisionally earned by a	15633
person for program or activity participation and program and	15634
activity completion under division (A)(1) of this section and the	15635
aggregate days of credit finally credited to a person under	15636
division (A)(2) of this section shall not exceed eight per cent of	15637
the total number of days in the person's stated prison term.	15638

If a prisoner is released before the expiration of the	15639
prisoner's stated prison term by reason of credit earned under	15640
this section, the department shall retain control of the prisoner	15641
by means of an appropriate post-release control sanction imposed	15642
by the parole board until the end of the stated prison term if the	15643
parole board imposes a post-release control sanction pursuant to	15644
section 2967.28 of the Revised Code. If the parole board is not	15645
required to impose a post-release control sanction under section	15646
2967.28 of the Revised Code, the parole board may elect not to	15647
impose a post-release control sanction on the prisoner.	15648

(B) The department of rehabilitation and correction shall	15649
adopt rules that specify the programs or activities for which	15650
credit may be earned under this section, the criteria for	15651
determining productive participation in, or completion of, the	15652
programs or activities and the criteria for awarding credit,	15653
including criteria for awarding additional credit for successful	15654
program or activity completion, and the criteria for denying or	15655
withdrawing previously provisionally earned credit as a result of	15656
a violation of prison rules.	15657

(C) No person whoconfined in a state correctional	15658
institution to whom any of the following applies shall be awarded	15659
any days of credit under division (A) of this section:	15660

(1) The person is serving a prison term that section 2929.13	15661
or section 2929.14 of the Revised Code specifies cannot be reduced	15662
pursuant to this section or this Chapter or is serving a sentence	15663
for which section 2967.13 or division (B) of section 2929.143 of	15664
the Revised Code specifies that the person is not entitled to any	15665
earned credit under this section.	15666

(2) The person is sentenced to death or is serving a prison	15667
term or a term of life imprisonment for aggravated murder, murder,	15668
or a conspiracy or attempt to commit, or complicity in committing,	15669
aggravated murder or murder.	15670

(3) The person is serving a sentence of life imprisonment	15671
without parole imposed pursuant to section 2929.03 or 2929.06 of	15672
the Revised Code or who is serving, a prison term or a term of	15673
life imprisonment without parole imposed pursuant to section	15674
2971.03 of the Revised Code shall be awarded any days of credit	15675
under division (A) of this section, or a sentence for a sexually	15676
oriented offense that was committed on or after the effective date	15677
of this amendment.	15678

(D) This division does not apply to a determination of	15679
whether a person confined in a state correctional institution may	15680
earn any days of credit under division (A) of this section for	15681
successful completion of a second program or activity. The	15682
determination of whether a person confined in a state correctional	15683
institution may earn one day of credit or five days of credit	15684
under division (A) of this section for each completed month during	15685
which the person productively participates in a program or	15686
activity specified under that division shall be made in accordance	15687
with the following:	15688

(1) The offender may earn one day of credit under division	15689
(A) of this section, except as provided in division (C) of this	15690
section, if the most serious offense for which the offender is	15691
confined is any of the following that is a felony of the first or	15692
second degree:	15693

(a) A violation of division (A) of section 2903.04 or of	15694
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	15695
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	15696
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	15697
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	15698
of the Revised Code;	15699

(b) A conspiracy or attempt to commit, or complicity in	15700
committing, any other offense for which the maximum penalty is	15701
imprisonment for life or any offense listed in division (D)(1)(a)	15702
of this section.	15703

(2) The offender may earn one day of credit under division	15704
(A) of this section, except as provided in division (C) of this	15705
section, if the offender is serving a stated prison term that	15706
includes a prison term imposed for a sexually oriented offense	15707
that the offender committed prior to the effective date of this	15708
amendment.	15709

(3) The offender may earn one day of credit under division	15710
(A) of this section, except as provided in division (C) of this	15711
section, if the offender is serving a stated prison term that	15712
includes a prison term imposed for a felony other than carrying a	15713
concealed weapon an essential element of which is any conduct or	15714
failure to act expressly involving any deadly weapon or dangerous	15715
ordnance.	15716

(4) Except as provided in division (C) of this section, if	15717
the most serious offense for which the offender is confined is a	15718
felony of the first or second degree and divisions (D)(1), (2),	15719
and (3) of this section do not apply to the offender, the offender	15720
may earn one day of credit under division (A) of this section if	15721
the offender committed that offense prior to the effective date of	15722
this amendment, and the offender may earn five days of credit	15723
under division (A) of this section if the offender committed that	15724
offense on or after the effective date of this amendment.	15725

(5) Except as provided in division (C) of this section, if	15726
the most serious offense for which the offender is confined is a	15727
felony of the third, fourth, or fifth degree or an unclassified	15728
felony and neither division (D)(2) nor (3) of this section applies	15729
to the offender, the offender may earn one day of credit under	15730
division (A) of this section if the offender committed that	15731
offense prior to the effective date of this amendment, and the	15732
offender may earn five days of credit under division (A) of this	15733
section if the offender committed that offense on or after the	15734
effective date of this amendment.	15735

(E) If a court imposes a sentence including a prison term on	15736
or after the effective date of this amendment for a felony, and if	15737
the court is required to include notice of the type described in	15738
division (F)(3) of section 2929.14 of the Revised Code in the	15739
offender's sentence, the failure of the court to include the	15740
notice does not affect the eligibility of the offender under this	15741
section to earn any days of credit as a deduction from the	15742
offender's stated prison term or otherwise render any part of this	15743
section or any action taken under this section void or voidable	15744
and does not constitute grounds for setting aside the offender's	15745
conviction or sentence or for granting postconviction relief to	15746
the offender.	15747

(F) The department annually shall seek and consider the	15748
written feedback of the Ohio prosecuting attorneys association,	15749
the Ohio judicial conference, the Ohio public defender, the Ohio	15750
association of criminal defense lawyers, and other organizations	15751
and associations that have an interest in the operation of the	15752
corrections system and the earned credits program under this	15753
section as part of its evaluation of the program and in	15754
determining whether to modify the program.	15755

(G) As used in this section, "sexually oriented offense" has	15756
the same meaning as in section 2950.01 of the Revised Code.	15757

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

15758

(1) "Monitored time" means the monitored time sanction	15759
specified in section 2929.17 of the Revised Code.	15760

(2) "Deadly weapon" and "dangerous ordnance" have the same	15761
meanings as in section 2923.11 of the Revised Code.	15762

(3) "Felony sex offense" means a violation of a section	15763
contained in Chapter 2907. of the Revised Code that is a felony.	15764

(B) Each sentence to a prison term for a felony of the first	15765
degree, for a felony of the second degree, for a felony sex	15766
offense, or for a felony of the third degree that is not a felony	15767
sex offense and in the commission of which the offender caused or	15768
threatened to cause physical harm to a person shall include a	15769
requirement that the offender be subject to a period of	15770
post-release control imposed by the parole board after the	15771
offender's release from imprisonment. If a court imposes a	15772
sentence including a prison term of a type described in this	15773
division on or after July 11, 2006, the failure of a sentencing	15774
court to notify the offender pursuant to division (B)(3)(2)(c) of	15775
section 2929.19 of the Revised Code of this requirement or to	15776
include in the judgment of conviction entered on the journal a	15777
statement that the offender's sentence includes this requirement	15778
does not negate, limit, or otherwise affect the mandatory period	15779
of supervision that is required for the offender under this	15780
division. Section 2929.191 of the Revised Code applies if, prior	15781
to July 11, 2006, a court imposed a sentence including a prison	15782
term of a type described in this division and failed to notify the	15783
offender pursuant to division (B)(3)(2)(c) of section 2929.19 of	15784
the Revised Code regarding post-release control or to include in	15785
the judgment of conviction entered on the journal or in the	15786
sentence pursuant to division (F)(D)(1) of section 2929.14 of the	15787
Revised Code a statement regarding post-release control. Unless	15788
reduced by the parole board pursuant to division (D) of this	15789
section when authorized under that division, a period of	15790
post-release control required by this division for an offender	15791
shall be of one of the following periods:	15792

(1) For a felony of the first degree or for a felony sex	15793
offense, five years;	15794

(2) For a felony of the second degree that is not a felony	15795
sex offense, three years;	15796

(3) For a felony of the third degree that is not a felony sex	15797
offense and in the commission of which the offender caused or	15798
threatened physical harm to a person, three years.	15799

(C) Any sentence to a prison term for a felony of the third,	15800
fourth, or fifth degree that is not subject to division (B)(1) or	15801
(3) of this section shall include a requirement that the offender	15802
be subject to a period of post-release control of up to three	15803
years after the offender's release from imprisonment, if the	15804
parole board, in accordance with division (D) of this section,	15805
determines that a period of post-release control is necessary for	15806
that offender. Section 2929.191 of the Revised Code applies if,	15807
prior to July 11, 2006, a court imposed a sentence including a	15808
prison term of a type described in this division and failed to	15809
notify the offender pursuant to division (B)(3)(2)(d) of section	15810
2929.19 of the Revised Code regarding post-release control or to	15811
include in the judgment of conviction entered on the journal or in	15812
the sentence pursuant to division (F)(D)(2) of section 2929.14 of	15813
the Revised Code a statement regarding post-release control.	15814
Pursuant to an agreement entered into under section 2967.29 of the	15815
Revised Code, a court of common pleas or parole board may impose	15816
sanctions or conditions on an offender who is placed on	15817
post-release control under this division.	15818

(D)(1) Before the prisoner is released from imprisonment, the	15819
parole board or, pursuant to an agreement under section 2967.29 of	15820
the Revised Code, the court shall impose upon a prisoner described	15821
in division (B) of this section, may impose upon a prisoner	15822
described in division (C) of this section, and shall impose upon a	15823
prisoner described in division (B)(2)(b) of section 5120.031 or in	15824
division (B)(1) of section 5120.032 of the Revised Code, one or	15825
more post-release control sanctions to apply during the prisoner's	15826
period of post-release control. Whenever the board or court	15827
imposes one or more post-release control sanctions upon a	15828
prisoner, the board or court, in addition to imposing the	15829
sanctions, also shall include as a condition of the post-release	15830
control that the offender not leave the state without permission	15831
of the court or the offender's parole or probation officer and	15832
that the offender abide by the law. The board or court may impose	15833
any other conditions of release under a post-release control	15834
sanction that the board or court considers appropriate, and the	15835
conditions of release may include any community residential	15836
sanction, community nonresidential sanction, or financial sanction	15837
that the sentencing court was authorized to impose pursuant to	15838
sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior	15839
to the release of a prisoner for whom it will impose one or more	15840
post-release control sanctions under this division, the parole	15841
board or court shall review the prisoner's criminal history,	15842
results from the single validated risk assessment tool selected by	15843
the department of rehabilitation and correction under section	15844
5120.114 of the Revised Code, all juvenile court adjudications	15845
finding the prisoner, while a juvenile, to be a delinquent child,	15846
and the record of the prisoner's conduct while imprisoned. The	15847
parole board or court shall consider any recommendation regarding	15848
post-release control sanctions for the prisoner made by the office	15849
of victims' services. After considering those materials, the board	15850
or court shall determine, for a prisoner described in division (B)	15851
of this section, division (B)(2)(b) of section 5120.031, or	15852
division (B)(1) of section 5120.032 of the Revised Code, which	15853
post-release control sanction or combination of post-release	15854
control sanctions is reasonable under the circumstances or, for a	15855
prisoner described in division (C) of this section, whether a	15856
post-release control sanction is necessary and, if so, which	15857
post-release control sanction or combination of post-release	15858
control sanctions is reasonable under the circumstances. In the	15859
case of a prisoner convicted of a felony of the fourth or fifth	15860
degree other than a felony sex offense, the board or court shall	15861
presume that monitored time is the appropriate post-release	15862
control sanction unless the board or court determines that a more	15863
restrictive sanction is warranted. A post-release control sanction	15864
imposed under this division takes effect upon the prisoner's	15865
release from imprisonment.	15866

Regardless of whether the prisoner was sentenced to the	15867
prison term prior to, on, or after July 11, 2006, prior to the	15868
release of a prisoner for whom it will impose one or more	15869
post-release control sanctions under this division, the parole	15870
board shall notify the prisoner that, if the prisoner violates any	15871
sanction so imposed or any condition of post-release control	15872
described in division (B) of section 2967.131 of the Revised Code	15873
that is imposed on the prisoner, the parole board may impose a	15874
prison term of up to one-half of the stated prison term originally	15875
imposed upon the prisoner.	15876

(2) If a prisoner who is placed on post-release control under	15877
this section is released before the expiration of the prisoner's	15878
stated prison term by reason of credit earned under section	15879
2967.193 of the Revised Code and if the prisoner earned sixty or	15880
more days of credit, the adult parole authority shall supervise	15881
the offender with an active global positioning system device for	15882
the first fourteen days after the offender's release from	15883
imprisonment. This division does not prohibit or limit the	15884
imposition of any post-release control sanction otherwise	15885
authorized by this section.	15886

(3) At any time after a prisoner is released from	15887
imprisonment and during the period of post-release control	15888
applicable to the releasee, the adult parole authority or,	15889
pursuant to an agreement under section 2967.29 of the Revised	15890
Code, the court may review the releasee's behavior under the	15891
post-release control sanctions imposed upon the releasee under	15892
this section. The authority or court may determine, based upon the	15893
review and in accordance with the standards established under	15894
division (E) of this section, that a more restrictive or a less	15895
restrictive sanction is appropriate and may impose a different	15896
sanction. The authority also may recommend that the parole board	15897
or court increase or reduce the duration of the period of	15898
post-release control imposed by the court. If the authority	15899
recommends that the board or court increase the duration of	15900
post-release control, the board or court shall review the	15901
releasee's behavior and may increase the duration of the period of	15902
post-release control imposed by the court up to eight years. If	15903
the authority recommends that the board or court reduce the	15904
duration of control for an offense described in division (B) or	15905
(C) of this section, the board or court shall review the	15906
releasee's behavior and may reduce the duration of the period of	15907
control imposed by the court. In no case shall the board or court	15908
reduce the duration of the period of control imposed for an	15909
offense described in division (B)(1) of this section to a period	15910
less than the length of the stated prison term originally imposed,	15911
and in no case shall the board or court permit the releasee to	15912
leave the state without permission of the court or the releasee's	15913
parole or probation officer.	15914

(E) The department of rehabilitation and correction, in	15915
accordance with Chapter 119. of the Revised Code, shall adopt	15916
rules that do all of the following:	15917

(1) Establish standards for the imposition by the parole	15918
board of post-release control sanctions under this section that	15919
are consistent with the overriding purposes and sentencing	15920
principles set forth in section 2929.11 of the Revised Code and	15921
that are appropriate to the needs of releasees;	15922

(2) Establish standards by which the parole board can	15923
determine which prisoners described in division (C) of this	15924
section should be placed under a period of post-release control;	15925

(3) Establish standards to be used by the parole board in	15926
reducing the duration of the period of post-release control	15927
imposed by the court when authorized under division (D) of this	15928
section, in imposing a more restrictive post-release control	15929
sanction than monitored time upon a prisoner convicted of a felony	15930
of the fourth or fifth degree other than a felony sex offense, or	15931
in imposing a less restrictive control sanction upon a releasee	15932
based on the releasee's activities including, but not limited to,	15933
remaining free from criminal activity and from the abuse of	15934
alcohol or other drugs, successfully participating in approved	15935
rehabilitation programs, maintaining employment, and paying	15936
restitution to the victim or meeting the terms of other financial	15937
sanctions;	15938

(4) Establish standards to be used by the adult parole	15939
authority in modifying a releasee's post-release control sanctions	15940
pursuant to division (D)(2) of this section;	15941

(5) Establish standards to be used by the adult parole	15942
authority or parole board in imposing further sanctions under	15943
division (F) of this section on releasees who violate post-release	15944
control sanctions, including standards that do the following:	15945

(a) Classify violations according to the degree of	15946
seriousness;	15947

(b) Define the circumstances under which formal action by the	15948
parole board is warranted;	15949

(c) Govern the use of evidence at violation hearings;

15950

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

15951

(e) Prescribe nonresidential community control sanctions for	15952
most misdemeanor and technical violations;	15953

(f) Provide procedures for the return of a releasee to	15954
imprisonment for violations of post-release control.	15955

(F)(1) Whenever the parole board imposes one or more	15956
post-release control sanctions upon an offender under this	15957
section, the offender upon release from imprisonment shall be	15958
under the general jurisdiction of the adult parole authority and	15959
generally shall be supervised by the field services section	15960
through its staff of parole and field officers as described in	15961
section 5149.04 of the Revised Code, as if the offender had been	15962
placed on parole. If the offender upon release from imprisonment	15963
violates the post-release control sanction or any conditions	15964
described in division (A) of section 2967.131 of the Revised Code	15965
that are imposed on the offender, the public or private person or	15966
entity that operates or administers the sanction or the program or	15967
activity that comprises the sanction shall report the violation	15968
directly to the adult parole authority or to the officer of the	15969
authority who supervises the offender. The authority's officers	15970
may treat the offender as if the offender were on parole and in	15971
violation of the parole, and otherwise shall comply with this	15972
section.	15973

(2) If the adult parole authority or, pursuant to an	15974
agreement under section 2967.29 of the Revised Code, the court	15975
determines that a releasee has violated a post-release control	15976
sanction or any conditions described in division (A) of section	15977
2967.131 of the Revised Code imposed upon the releasee and that a	15978
more restrictive sanction is appropriate, the authority or court	15979
may impose a more restrictive sanction upon the releasee, in	15980
accordance with the standards established under division (E) of	15981
this section or in accordance with the agreement made under	15982
section 2967.29 of the Revised Code, or may report the violation	15983
to the parole board for a hearing pursuant to division (F)(3) of	15984
this section. The authority or court may not, pursuant to this	15985
division, increase the duration of the releasee's post-release	15986
control or impose as a post-release control sanction a residential	15987
sanction that includes a prison term, but the authority or court	15988
may impose on the releasee any other residential sanction,	15989
nonresidential sanction, or financial sanction that the sentencing	15990
court was authorized to impose pursuant to sections 2929.16,	15991
2929.17, and 2929.18 of the Revised Code.	15992

(3) The parole board or, pursuant to an agreement under	15993
section 2967.29 of the Revised Code, the court may hold a hearing	15994
on any alleged violation by a releasee of a post-release control	15995
sanction or any conditions described in division (A) of section	15996
2967.131 of the Revised Code that are imposed upon the releasee.	15997
If after the hearing the board or court finds that the releasee	15998
violated the sanction or condition, the board or court may	15999
increase the duration of the releasee's post-release control up to	16000
the maximum duration authorized by division (B) or (C) of this	16001
section or impose a more restrictive post-release control	16002
sanction. When appropriate, the board or court may impose as a	16003
post-release control sanction a residential sanction that includes	16004
a prison term. The board or court shall consider a prison term as	16005
a post-release control sanction imposed for a violation of	16006
post-release control when the violation involves a deadly weapon	16007
or dangerous ordnance, physical harm or attempted serious physical	16008
harm to a person, or sexual misconduct, or when the releasee	16009
committed repeated violations of post-release control sanctions.	16010
Unless a releasee's stated prison term was reduced pursuant to	16011
section 5120.032 of the Revised Code, the period of a prison term	16012
that is imposed as a post-release control sanction under this	16013
division shall not exceed nine months, and the maximum cumulative	16014
prison term for all violations under this division shall not	16015
exceed one-half of the stated prison term originally imposed upon	16016
the offender as part of this sentence. If a releasee's stated	16017
prison term was reduced pursuant to section 5120.032 of the	16018
Revised Code, the period of a prison term that is imposed as a	16019
post-release control sanction under this division and the maximum	16020
cumulative prison term for all violations under this division	16021
shall not exceed the period of time not served in prison under the	16022
sentence imposed by the court. The period of a prison term that is	16023
imposed as a post-release control sanction under this division	16024
shall not count as, or be credited toward, the remaining period of	16025
post-release control.	16026

If an offender is imprisoned for a felony committed while	16027
under post-release control supervision and is again released on	16028
post-release control for a period of time determined by division	16029
(F)(4)(d) of this section, the maximum cumulative prison term for	16030
all violations under this division shall not exceed one-half of	16031
the total stated prison terms of the earlier felony, reduced by	16032
any prison term administratively imposed by the parole board or	16033
court, plus one-half of the total stated prison term of the new	16034
felony.	16035

(4) Any period of post-release control shall commence upon an	16036
offender's actual release from prison. If an offender is serving	16037
an indefinite prison term or a life sentence in addition to a	16038
stated prison term, the offender shall serve the period of	16039
post-release control in the following manner:	16040

(a) If a period of post-release control is imposed upon the	16041
offender and if the offender also is subject to a period of parole	16042
under a life sentence or an indefinite sentence, and if the period	16043
of post-release control ends prior to the period of parole, the	16044
offender shall be supervised on parole. The offender shall receive	16045
credit for post-release control supervision during the period of	16046
parole. The offender is not eligible for final release under	16047
section 2967.16 of the Revised Code until the post-release control	16048
period otherwise would have ended.	16049

(b) If a period of post-release control is imposed upon the	16050
offender and if the offender also is subject to a period of parole	16051
under an indefinite sentence, and if the period of parole ends	16052
prior to the period of post-release control, the offender shall be	16053
supervised on post-release control. The requirements of parole	16054
supervision shall be satisfied during the post-release control	16055
period.	16056

(c) If an offender is subject to more than one period of	16057
post-release control, the period of post-release control for all	16058
of the sentences shall be the period of post-release control that	16059
expires last, as determined by the parole board or court. Periods	16060
of post-release control shall be served concurrently and shall not	16061
be imposed consecutively to each other.	16062

(d) The period of post-release control for a releasee who	16063
commits a felony while under post-release control for an earlier	16064
felony shall be the longer of the period of post-release control	16065
specified for the new felony under division (B) or (C) of this	16066
section or the time remaining under the period of post-release	16067
control imposed for the earlier felony as determined by the parole	16068
board or court.	16069

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	16070
and (F)(D) of section 2929.14, section 2929.02, 2929.03, 2929.06,	16071
2929.13, or another section of the Revised Code, other than	16072
divisions (D)(B) and (E)(C) of section 2929.14 of the Revised	16073
Code, that authorizes or requires a specified prison term or a	16074
mandatory prison term for a person who is convicted of or pleads	16075
guilty to a felony or that specifies the manner and place of	16076
service of a prison term or term of imprisonment, the court shall	16077
impose a sentence upon a person who is convicted of or pleads	16078
guilty to a violent sex offense and who also is convicted of or	16079
pleads guilty to a sexually violent predator specification that	16080
was included in the indictment, count in the indictment, or	16081
information charging that offense, and upon a person who is	16082
convicted of or pleads guilty to a designated homicide, assault,	16083
or kidnapping offense and also is convicted of or pleads guilty to	16084
both a sexual motivation specification and a sexually violent	16085
predator specification that were included in the indictment, count	16086
in the indictment, or information charging that offense, as	16087
follows:	16088

(1) If the offense for which the sentence is being imposed is	16089
aggravated murder and if the court does not impose upon the	16090
offender a sentence of death, it shall impose upon the offender a	16091
term of life imprisonment without parole. If the court sentences	16092
the offender to death and the sentence of death is vacated,	16093
overturned, or otherwise set aside, the court shall impose upon	16094
the offender a term of life imprisonment without parole.	16095

(2) If the offense for which the sentence is being imposed is	16096
murder; or if the offense is rape committed in violation of	16097
division (A)(1)(b) of section 2907.02 of the Revised Code when the	16098
offender purposely compelled the victim to submit by force or	16099
threat of force, when the victim was less than ten years of age,	16100
when the offender previously has been convicted of or pleaded	16101
guilty to either rape committed in violation of that division or a	16102
violation of an existing or former law of this state, another	16103
state, or the United States that is substantially similar to	16104
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	16105
the offender during or immediately after the commission of the	16106
rape caused serious physical harm to the victim; or if the offense	16107
is an offense other than aggravated murder or murder for which a	16108
term of life imprisonment may be imposed, it shall impose upon the	16109
offender a term of life imprisonment without parole.	16110

(3)(a) Except as otherwise provided in division (A)(3)(b),	16111
(c), (d), or (e) or (A)(4) of this section, if the offense for	16112
which the sentence is being imposed is an offense other than	16113
aggravated murder, murder, or rape and other than an offense for	16114
which a term of life imprisonment may be imposed, it shall impose	16115
an indefinite prison term consisting of a minimum term fixed by	16116
the court from among the range of terms available as a definite	16117
term for the offense, but not less than two years, and a maximum	16118
term of life imprisonment.	16119

(b) Except as otherwise provided in division (A)(4) of this	16120
section, if the offense for which the sentence is being imposed is	16121
kidnapping that is a felony of the first degree, it shall impose	16122
an indefinite prison term as follows:	16123

(i) If the kidnapping is committed on or after the effective	16124
date of this amendmentJanuary 1, 2008, and the victim of the	16125
offense is less than thirteen years of age, except as otherwise	16126
provided in this division, it shall impose an indefinite prison	16127
term consisting of a minimum term of fifteen years and a maximum	16128
term of life imprisonment. If the kidnapping is committed on or	16129
after the effective date of this amendmentJanuary 1, 2008, the	16130
victim of the offense is less than thirteen years of age, and the	16131
offender released the victim in a safe place unharmed, it shall	16132
impose an indefinite prison term consisting of a minimum term of	16133
ten years and a maximum term of life imprisonment.	16134

(ii) If the kidnapping is committed prior to the effective	16135
date of this amendmentJanuary 1, 2008, or division (A)(3)(b)(i)	16136
of this section does not apply, it shall impose an indefinite term	16137
consisting of a minimum term fixed by the court that is not less	16138
than ten years and a maximum term of life imprisonment.	16139

(c) Except as otherwise provided in division (A)(4) of this	16140
section, if the offense for which the sentence is being imposed is	16141
kidnapping that is a felony of the second degree, it shall impose	16142
an indefinite prison term consisting of a minimum term fixed by	16143
the court that is not less than eight years, and a maximum term of	16144
life imprisonment.	16145

(d) Except as otherwise provided in division (A)(4) of this	16146
section, if the offense for which the sentence is being imposed is	16147
rape for which a term of life imprisonment is not imposed under	16148
division (A)(2) of this section or division (B) of section 2907.02	16149
of the Revised Code, it shall impose an indefinite prison term as	16150
follows:	16151

(i) If the rape is committed on or after January 2, 2007, in	16152
violation of division (A)(1)(b) of section 2907.02 of the Revised	16153
Code, it shall impose an indefinite prison term consisting of a	16154
minimum term of twenty-five years and a maximum term of life	16155
imprisonment.	16156

(ii) If the rape is committed prior to January 2, 2007, or	16157
the rape is committed on or after January 2, 2007, other than in	16158
violation of division (A)(1)(b) of section 2907.02 of the Revised	16159
Code, it shall impose an indefinite prison term consisting of a	16160
minimum term fixed by the court that is not less than ten years,	16161
and a maximum term of life imprisonment.	16162

(e) Except as otherwise provided in division (A)(4) of this	16163
section, if the offense for which sentence is being imposed is	16164
attempted rape, it shall impose an indefinite prison term as	16165
follows:	16166

(i) Except as otherwise provided in division (A)(3)(e)(ii),	16167
(iii), or (iv) of this section, it shall impose an indefinite	16168
prison term pursuant to division (A)(3)(a) of this section.	16169

(ii) If the attempted rape for which sentence is being	16170
imposed was committed on or after January 2, 2007, and if the	16171
offender also is convicted of or pleads guilty to a specification	16172
of the type described in section 2941.1418 of the Revised Code, it	16173
shall impose an indefinite prison term consisting of a minimum	16174
term of five years and a maximum term of twenty-five years.	16175

(iii) If the attempted rape for which sentence is being	16176
imposed was committed on or after January 2, 2007, and if the	16177
offender also is convicted of or pleads guilty to a specification	16178
of the type described in section 2941.1419 of the Revised Code, it	16179
shall impose an indefinite prison term consisting of a minimum	16180
term of ten years and a maximum of life imprisonment.	16181

(iv) If the attempted rape for which sentence is being	16182
imposed was committed on or after January 2, 2007, and if the	16183
offender also is convicted of or pleads guilty to a specification	16184
of the type described in section 2941.1420 of the Revised Code, it	16185
shall impose an indefinite prison term consisting of a minimum	16186
term of fifteen years and a maximum of life imprisonment.	16187

(4) For any offense for which the sentence is being imposed,	16188
if the offender previously has been convicted of or pleaded guilty	16189
to a violent sex offense and also to a sexually violent predator	16190
specification that was included in the indictment, count in the	16191
indictment, or information charging that offense, or previously	16192
has been convicted of or pleaded guilty to a designated homicide,	16193
assault, or kidnapping offense and also to both a sexual	16194
motivation specification and a sexually violent predator	16195
specification that were included in the indictment, count in the	16196
indictment, or information charging that offense, it shall impose	16197
upon the offender a term of life imprisonment without parole.	16198

(B)(1) Notwithstanding section 2929.13, division (A), (B),	16199
(C), or (F)(D) of section 2929.14, or another section of the	16200
Revised Code other than division (B) of section 2907.02 or	16201
divisions (D)(B) and (E)(C) of section 2929.14 of the Revised Code	16202
that authorizes or requires a specified prison term or a mandatory	16203
prison term for a person who is convicted of or pleads guilty to a	16204
felony or that specifies the manner and place of service of a	16205
prison term or term of imprisonment, if a person is convicted of	16206
or pleads guilty to a violation of division (A)(1)(b) of section	16207
2907.02 of the Revised Code committed on or after January 2, 2007,	16208
if division (A) of this section does not apply regarding the	16209
person, and if the court does not impose a sentence of life	16210
without parole when authorized pursuant to division (B) of section	16211
2907.02 of the Revised Code, the court shall impose upon the	16212
person an indefinite prison term consisting of one of the	16213
following:	16214

(a) Except as otherwise required in division (B)(1)(b) or (c)	16215
of this section, a minimum term of ten years and a maximum term of	16216
life imprisonment.	16217

(b) If the victim was less than ten years of age, a minimum	16218
term of fifteen years and a maximum of life imprisonment.	16219

(c) If the offender purposely compels the victim to submit by	16220
force or threat of force, or if the offender previously has been	16221
convicted of or pleaded guilty to violating division (A)(1)(b) of	16222
section 2907.02 of the Revised Code or to violating an existing or	16223
former law of this state, another state, or the United States that	16224
is substantially similar to division (A)(1)(b) of that section, or	16225
if the offender during or immediately after the commission of the	16226
offense caused serious physical harm to the victim, a minimum term	16227
of twenty-five years and a maximum of life imprisonment.	16228

(2) Notwithstanding section 2929.13, division (A), (B), (C),	16229
or (F)(D) of section 2929.14, or another section of the Revised	16230
Code other than divisions (D)(B) and (E)(C) of section 2929.14 of	16231
the Revised Code that authorizes or requires a specified prison	16232
term or a mandatory prison term for a person who is convicted of	16233
or pleads guilty to a felony or that specifies the manner and	16234
place of service of a prison term or term of imprisonment and	16235
except as otherwise provided in division (B) of section 2907.02 of	16236
the Revised Code, if a person is convicted of or pleads guilty to	16237
attempted rape committed on or after January 2, 2007, and if	16238
division (A) of this section does not apply regarding the person,	16239
the court shall impose upon the person an indefinite prison term	16240
consisting of one of the following:	16241

(a) If the person also is convicted of or pleads guilty to a	16242
specification of the type described in section 2941.1418 of the	16243
Revised Code, the court shall impose upon the person an indefinite	16244
prison term consisting of a minimum term of five years and a	16245
maximum term of twenty-five years.	16246

(b) If the person also is convicted of or pleads guilty to a	16247
specification of the type described in section 2941.1419 of the	16248
Revised Code, the court shall impose upon the person an indefinite	16249
prison term consisting of a minimum term of ten years and a	16250
maximum term of life imprisonment.	16251

(c) If the person also is convicted of or pleads guilty to a	16252
specification of the type described in section 2941.1420 of the	16253
Revised Code, the court shall impose upon the person an indefinite	16254
prison term consisting of a minimum term of fifteen years and a	16255
maximum term of life imprisonment.	16256

(3) Notwithstanding section 2929.13, division (A), (B), (C),	16257
or (F)(D) of section 2929.14, or another section of the Revised	16258
Code other than divisions (D)(B) and (E)(C) of section 2929.14 of	16259
the Revised Code that authorizes or requires a specified prison	16260
term or a mandatory prison term for a person who is convicted of	16261
or pleads guilty to a felony or that specifies the manner and	16262
place of service of a prison term or term of imprisonment, if a	16263
person is convicted of or pleads guilty to an offense described in	16264
division (B)(3)(a), (b), (c), or (d) of this section committed on	16265
or after the effective date of this amendmentJanuary 1, 2008, if	16266
the person also is convicted of or pleads guilty to a sexual	16267
motivation specification that was included in the indictment,	16268
count in the indictment, or information charging that offense, and	16269
if division (A) of this section does not apply regarding the	16270
person, the court shall impose upon the person an indefinite	16271
prison term consisting of one of the following:	16272

(a) An indefinite prison term consisting of a minimum of ten	16273
years and a maximum term of life imprisonment if the offense for	16274
which the sentence is being imposed is kidnapping, the victim of	16275
the offense is less than thirteen years of age, and the offender	16276
released the victim in a safe place unharmed;	16277

(b) An indefinite prison term consisting of a minimum of	16278
fifteen years and a maximum term of life imprisonment if the	16279
offense for which the sentence is being imposed is kidnapping when	16280
the victim of the offense is less than thirteen years of age and	16281
division (B)(3)(a) of this section does not apply;	16282

(c) An indefinite term consisting of a minimum of thirty	16283
years and a maximum term of life imprisonment if the offense for	16284
which the sentence is being imposed is aggravated murder, when the	16285
victim of the offense is less than thirteen years of age, a	16286
sentence of death or life imprisonment without parole is not	16287
imposed for the offense, and division (A)(2)(b)(ii) of section	16288
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	16289
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	16290
division (A) or (B) of section 2929.06 of the Revised Code	16291
requires that the sentence for the offense be imposed pursuant to	16292
this division;	16293

(d) An indefinite prison term consisting of a minimum of	16294
thirty years and a maximum term of life imprisonment if the	16295
offense for which the sentence is being imposed is murder when the	16296
victim of the offense is less than thirteen years of age.	16297

(C)(1) If the offender is sentenced to a prison term pursuant	16298
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	16299
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	16300
board shall have control over the offender's service of the term	16301
during the entire term unless the parole board terminates its	16302
control in accordance with section 2971.04 of the Revised Code.	16303

(2) Except as provided in division (C)(3) of this section, an	16304
offender sentenced to a prison term or term of life imprisonment	16305
without parole pursuant to division (A) of this section shall	16306
serve the entire prison term or term of life imprisonment in a	16307
state correctional institution. The offender is not eligible for	16308
judicial release under section 2929.20 of the Revised Code.	16309

(3) For a prison term imposed pursuant to division (A)(3),	16310
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	16311
(c), or (d) of this section, the court, in accordance with section	16312
2971.05 of the Revised Code, may terminate the prison term or	16313
modify the requirement that the offender serve the entire term in	16314
a state correctional institution if all of the following apply:	16315

(a) The offender has served at least the minimum term imposed	16316
as part of that prison term.	16317

(b) The parole board, pursuant to section 2971.04 of the	16318
Revised Code, has terminated its control over the offender's	16319
service of that prison term.	16320

(c) The court has held a hearing and found, by clear and	16321
convincing evidence, one of the following:	16322

(i) In the case of termination of the prison term, that the	16323
offender is unlikely to commit a sexually violent offense in the	16324
future;	16325

(ii) In the case of modification of the requirement, that the	16326
offender does not represent a substantial risk of physical harm to	16327
others.	16328

(4) An offender who has been sentenced to a term of life	16329
imprisonment without parole pursuant to division (A)(1), (2), or	16330
(4) of this section shall not be released from the term of life	16331
imprisonment or be permitted to serve a portion of it in a place	16332
other than a state correctional institution.	16333

(D) If a court sentences an offender to a prison term or term	16334
of life imprisonment without parole pursuant to division (A) of	16335
this section and the court also imposes on the offender one or	16336
more additional prison terms pursuant to division (D)(B) of	16337
section 2929.14 of the Revised Code, all of the additional prison	16338
terms shall be served consecutively with, and prior to, the prison	16339
term or term of life imprisonment without parole imposed upon the	16340
offender pursuant to division (A) of this section.	16341

(E) If the offender is convicted of or pleads guilty to two	16342
or more offenses for which a prison term or term of life	16343
imprisonment without parole is required to be imposed pursuant to	16344
division (A) of this section, divisions (A) to (D) of this section	16345
shall be applied for each offense. All minimum terms imposed upon	16346
the offender pursuant to division (A)(3) or (B) of this section	16347
for those offenses shall be aggregated and served consecutively,	16348
as if they were a single minimum term imposed under that division.	16349

(F)(1) If an offender is convicted of or pleads guilty to a	16350
violent sex offense and also is convicted of or pleads guilty to a	16351
sexually violent predator specification that was included in the	16352
indictment, count in the indictment, or information charging that	16353
offense, or is convicted of or pleads guilty to a designated	16354
homicide, assault, or kidnapping offense and also is convicted of	16355
or pleads guilty to both a sexual motivation specification and a	16356
sexually violent predator specification that were included in the	16357
indictment, count in the indictment, or information charging that	16358
offense, the conviction of or plea of guilty to the offense and	16359
the sexually violent predator specification automatically	16360
classifies the offender as a tier III sex offender/child-victim	16361
offender for purposes of Chapter 2950. of the Revised Code.	16362

(2) If an offender is convicted of or pleads guilty to	16363
committing on or after January 2, 2007, a violation of division	16364
(A)(1)(b) of section 2907.02 of the Revised Code and either the	16365
offender is sentenced under section 2971.03 of the Revised Code or	16366
a sentence of life without parole is imposed under division (B) of	16367
section 2907.02 of the Revised Code, the conviction of or plea of	16368
guilty to the offense automatically classifies the offender as a	16369
tier III sex offender/child-victim offender for purposes of	16370
Chapter 2950. of the Revised Code.	16371

(3) If a person is convicted of or pleads guilty to	16372
committing on or after January 2, 2007, attempted rape and also is	16373
convicted of or pleads guilty to a specification of the type	16374
described in section 2941.1418, 2941.1419, or 2941.1420 of the	16375
Revised Code, the conviction of or plea of guilty to the offense	16376
and the specification automatically classify the offender as a	16377
tier III sex offender/child-victim offender for purposes of	16378
Chapter 2950. of the Revised Code.	16379

(4) If a person is convicted of or pleads guilty to one of	16380
the offenses described in division (B)(3)(a), (b), (c), or (d) of	16381
this section and a sexual motivation specification related to the	16382
offense and the victim of the offense is less than thirteen years	16383
of age, the conviction of or plea of guilty to the offense	16384
automatically classifies the offender as a tier III sex	16385
offender/child-victim offender for purposes of Chapter 2950. of	16386
the Revised Code.	16387

Sec. 2981.07. (A) No person shall destroy, damage, remove, or	16388
transfer property that is subject to forfeiture or otherwise take	16389
any action in regard to property that is subject to forfeiture	16390
with purpose to do any of the following:	16391

(1) Prevent or impair the state's or political subdivision's	16392
lawful authority to take the property into its custody or control	16393
under this chapter or to continue holding the property under its	16394
lawful custody or control;	16395

(2) Impair or defeat the court's continuing jurisdiction over	16396
the person and property;	16397

(3) Devalue property that the person knows, or has reasonable	16398
cause to believe, is subject to forfeiture proceedings under this	16399
chapter.	16400

(B)(1) Whoever violates this section is guilty of	16401
interference with or diminishing forfeitable property.	16402

(2) Except as otherwise provided in divisions (B)(3), (4),	16403
and (5) of this section, interference with or diminishing	16404
forfeitable property is a misdemeanor of the first degree.	16405

(3) If the value of the property is five hundredone thousand	16406
dollars or more but less than fiveseven thousand five hundred	16407
dollars, interference with or diminishing forfeitable property is	16408
a felony of the fifth degree.	16409

(4) If the value of the property is fiveseven thousand five	16410
hundred dollars or more but less than one hundred fifty thousand	16411
dollars, interference with or diminishing forfeitable property is	16412
a felony of the fourth degree.	16413

(5) If the value of the property is one hundred fifty	16414
thousand dollars or more, interference with or diminishing	16415
forfeitable property is a felony of the third degree.	16416

Sec. 3719.99.  (A) Whoever violates section 3719.16 or	16417
3719.161 of the Revised Code is guilty of a felony of the fifth	16418
degree. If the offender previously has been convicted of a	16419
violation of section 3719.16 or 3719.161 of the Revised Code or a	16420
drug abuse offense, a violation of section 3719.16 or 3719.161 of	16421
the Revised Code is a felony of the fourth degree. If the	16422
violation involves the sale, offer to sell, or possession of a	16423
schedule I or II controlled substance, with the exception of	16424
marihuana, and if the offender, as a result of the violation, is a	16425
major drug offender, division (D) of this section applies.	16426

(B) Whoever violates division (C) or (D) of section 3719.172	16427
of the Revised Code is guilty of a felony of the fifth degree. If	16428
the offender previously has been convicted of a violation of	16429
division (C) or (D) of section 3719.172 of the Revised Code or a	16430
drug abuse offense, a violation of division (C) or (D) of section	16431
3719.172 of the Revised Code is a felony of the fourth degree. If	16432
the violation involves the sale, offer to sell, or possession of a	16433
schedule I or II controlled substance, with the exception of	16434
marihuana, and if the offender, as a result of the violation, is a	16435
major drug offender, division (D) of this section applies.	16436

(C) Whoever violates section 3719.07 or 3719.08 of the	16437
Revised Code is guilty of a misdemeanor of the first degree. If	16438
the offender previously has been convicted of a violation of	16439
section 3719.07 or 3719.08 of the Revised Code or a drug abuse	16440
offense, a violation of section 3719.07 or 3719.08 of the Revised	16441
Code is a felony of the fifth degree. If the violation involves	16442
the sale, offer to sell, or possession of a schedule I or II	16443
controlled substance, with the exception of marihuana, and if the	16444
offender, as a result of the violation, is a major drug offender,	16445
division (D) of this section applies.	16446

(D)(1) If an offender is convicted of or pleads guilty to a	16447
felony violation of section 3719.07, 3719.08, 3719.16, or 3719.161	16448
or of division (C) or (D) of section 3719.172 of the Revised Code,	16449
if the violation involves the sale, offer to sell, or possession	16450
of a schedule I or II controlled substance, with the exception of	16451
marihuana, and if the court imposing sentence upon the offender	16452
finds that the offender as a result of the violation is a major	16453
drug offender and is guilty of a specification of the type	16454
described in section 2941.1410 of the Revised Code, the court, in	16455
lieu of the prison term authorized or required by division (A),	16456
(B), or (C) of this section and sections 2929.13 and 2929.14 of	16457
the Revised Code and in addition to any other sanction imposed for	16458
the offense under sections 2929.11 to 2929.18 of the Revised Code,	16459
shall impose upon the offender, in accordance with division	16460
(D)(B)(3)(a) of section 2929.14 of the Revised Code, the mandatory	16461
prison term specified in that division and may impose an	16462
additional prison term under division (D)(B)(3)(b) of that	16463
section.	16464

(2) Notwithstanding any contrary provision of section 3719.21	16465
of the Revised Code, the clerk of the court shall pay any fine	16466
imposed for a felony violation of section 3719.07, 3719.08,	16467
3719.16, or 3719.161 or of division (C) or (D) of section 3719.172	16468
of the Revised Code pursuant to division (A) of section 2929.18 of	16469
the Revised Code in accordance with and subject to the	16470
requirements of division (F) of section 2925.03 of the Revised	16471
Code. The agency that receives the fine shall use the fine as	16472
specified in division (F) of section 2925.03 of the Revised Code.	16473

(E) Whoever violates section 3719.05, 3719.06, 3719.13, or	16474
3719.31 or division (B) of section 3719.172 of the Revised Code is	16475
guilty of a misdemeanor of the third degree. If the offender	16476
previously has been convicted of a violation of section 3719.05,	16477
3719.06, 3719.13, or 3719.31 or division (B) of section 3719.172	16478
of the Revised Code or a drug abuse offense, a violation of	16479
section 3719.05, 3719.06, 3719.13, or 3719.31 or division (B) of	16480
section 3719.172 of the Revised Code is a misdemeanor of the first	16481
degree.	16482

(F) Whoever violates section 3719.30 of the Revised Code is	16483
guilty of a misdemeanor of the fourth degree. If the offender	16484
previously has been convicted of a violation of section 3719.30 of	16485
the Revised Code or a drug abuse offense, a violation of section	16486
3719.30 of the Revised Code is a misdemeanor of the third degree.	16487

(G) Whoever violates section 3719.32 or 3719.33 of the	16488
Revised Code is guilty of a minor misdemeanor.	16489

(H) Whoever violates division (K)(2)(b) of section 3719.44 of	16490
the Revised Code is guilty of a felony of the fifth degree.	16491

(I) Whoever violates division (K)(2)(c) of section 3719.44 of	16492
the Revised Code is guilty of a misdemeanor of the second degree.	16493

(J) As used in this section, "major drug offender" has the	16494
same meaning as in section 2929.01 of the Revised Code.	16495

Sec. 4507.51.  (A)(1) Every application for an identification	16496
card or duplicate shall be made on a form furnished by the	16497
registrar of motor vehicles, shall be signed by the applicant, and	16498
by the applicant's parent or guardian if the applicant is under	16499
eighteen years of age, and shall contain the following information	16500
pertaining to the applicant: name, date of birth, sex, general	16501
description including the applicant's height, weight, hair color,	16502
and eye color, address, and social security number. The	16503
application also shall state whether an applicant wishes to	16504
certify willingness to make an anatomical gift under section	16505
2108.05 of the Revised Code and shall include information about	16506
the requirements of sections 2108.01 to 2108.29 of the Revised	16507
Code that apply to persons who are less than eighteen years of	16508
age. The statement regarding willingness to make such a donation	16509
shall be given no consideration in the decision of whether to	16510
issue an identification card. Each applicant shall be photographed	16511
in color at the time of making application.	16512

(2)(a) The application also shall state whether the applicant	16513
has executed a valid durable power of attorney for health care	16514
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	16515
executed a declaration governing the use or continuation, or the	16516
withholding or withdrawal, of life-sustaining treatment pursuant	16517
to sections 2133.01 to 2133.15 of the Revised Code and, if the	16518
applicant has executed either type of instrument, whether the	16519
applicant wishes the identification card issued to indicate that	16520
the applicant has executed the instrument.	16521

(b) On and after October 7, 2009, the application also shall	16522
state whether the applicant is a veteran, active duty, or	16523
reservist of the armed forces of the United States and, if the	16524
applicant is such, whether the applicant wishes the identification	16525
card issued to indicate that the applicant is a veteran, active	16526
duty, or reservist of the armed forces of the United States by a	16527
military designation on the identification card.	16528

(3) The registrar or deputy registrar, in accordance with	16529
section 3503.11 of the Revised Code, shall register as an elector	16530
any person who applies for an identification card or duplicate if	16531
the applicant is eligible and wishes to be registered as an	16532
elector. The decision of an applicant whether to register as an	16533
elector shall be given no consideration in the decision of whether	16534
to issue the applicant an identification card or duplicate.	16535

(B) The application for an identification card or duplicate	16536
shall be filed in the office of the registrar or deputy registrar.	16537
Each applicant shall present documentary evidence as required by	16538
the registrar of the applicant's age and identity, and the	16539
applicant shall swear that all information given is true. An	16540
identification card issued by the department of rehabilitation and	16541
correction under section 5120.59 of the Revised Code shall be	16542
sufficient documentary evidence under this division upon	16543
verification of the applicant's social security number by the	16544
registrar or a deputy registrar. Upon issuing an identification	16545
card under this section for a person who has been issued an	16546
identification card under section 5120.59 of the Revised Code, the	16547
registrar or deputy registrar shall destroy the identification	16548
card issued under section 5120.59 of the Revised Code.	16549

All applications for an identification card or duplicate	16550
shall be filed in duplicate, and if submitted to a deputy	16551
registrar, a copy shall be forwarded to the registrar. The	16552
registrar shall prescribe rules for the manner in which a deputy	16553
registrar is to file and maintain applications and other records.	16554
The registrar shall maintain a suitable, indexed record of all	16555
applications denied and cards issued or canceled.	16556

(C) In addition to any other information it contains, on and	16557
after the date that is fifteen months after the effective date of	16558
this amendment, the form furnished by the registrar of motor	16559
vehicles for an application for an identification card or	16560
duplicate shall inform applicants that the applicant must present	16561
a copy of the applicant's DD-214 or an equivalent document in	16562
order to qualify to have the card or duplicate indicate that the	16563
applicant is an honorably discharged veteran of the armed forces	16564
of the United States based on a request made pursuant to division	16565
(A)(2)(b) of this section.	16566

Sec. 4511.091.  (A) The driver of any motor vehicle that has	16567
been checked by radar, or by any electrical or mechanical timing	16568
device to determine the speed of the motor vehicle over a measured	16569
distance of a highway or a measured distance of a private road or	16570
driveway, and found to be in violation of any of the provisions of	16571
section 4511.21 or 4511.211 of the Revised Code, may be arrested	16572
until a warrant can be obtained, provided the arresting officer	16573
has observed the recording of the speed of the motor vehicle by	16574
the radio microwaves, electrical or mechanical timing device, or	16575
has received a radio message from the officer who observed the	16576
speed of the motor vehicle recorded by the radio microwaves,	16577
electrical or mechanical timing device; provided, in case of an	16578
arrest based on such a message, the radio message has been	16579
dispatched immediately after the speed of the motor vehicle was	16580
recorded and the arresting officer is furnished a description of	16581
the motor vehicle for proper identification and the recorded	16582
speed.	16583

(B) If the driver of a motor vehicle being driven on a public	16584
street or highway of this state is observed violating any	16585
provision of this chapter other than section 4511.21 or 4511.211	16586
of the Revised Code by a law enforcement officer situated at any	16587
location, including in any type of airborne aircraft or airship,	16588
that law enforcement officer may send a radio message to another	16589
law enforcement officer, and the other law enforcement officer may	16590
arrest the driver of the motor vehicle until a warrant can be	16591
obtained or may issue the driver a citation for the violation;	16592
provided, if an arrest or citation is based on such a message, the	16593
radio message is dispatched immediately after the violation is	16594
observed and the law enforcement officer who observes the	16595
violation furnishes to the law enforcement officer who makes the	16596
arrest or issues the citation a description of the alleged	16597
violation and the motor vehicle for proper identification.	16598

(C)(1) No person shall be arrested, charged, or convicted of	16599
a violation of any provision of divisions (B) to (O) of section	16600
4511.21 or section 4511.211 of the Revised Code or a substantially	16601
similar municipal ordinance based on a peace officer's unaided	16602
visual estimation of the speed of a motor vehicle, trackless	16603
trolley, or streetcar. This division does not do any of the	16604
following:	16605

(a) Preclude the use by a peace officer of a stopwatch,	16606
radar, laser, or other electrical, mechanical, or digital device	16607
to determine the speed of a motor vehicle;	16608

(b) Apply regarding any violation other than a violation of	16609
divisions (B) to (O) of section 4511.21 or section 4511.211 of the	16610
Revised Code or a substantially similar municipal ordinance;	16611

(c) Preclude a peace officer from testifying that the speed	16612
of operation of a motor vehicle, trackless trolley, or streetcar	16613
was at a speed greater or less than a speed described in division	16614
(A) of section 4511.21 of the Revised Code, the admission into	16615
evidence of such testimony, or preclude a conviction of a	16616
violation of that division based in whole or in part on such	16617
testimony.	16618

(2) As used in this division, "peace officer" has the same	16619
meaning as in section 2935.01 of the Revised Code.	16620

Sec. 4729.99.  (A) Whoever violates section 4729.16, division	16621
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	16622
Code is guilty of a minor misdemeanor. Each day's violation	16623
constitutes a separate offense.	16624

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	16625
the Revised Code is guilty of a misdemeanor of the third degree.	16626
Each day's violation constitutes a separate offense. If the	16627
offender previously has been convicted of or pleaded guilty to a	16628
violation of this chapter, that person is guilty of a misdemeanor	16629
of the second degree.	16630

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	16631
the Revised Code is guilty of a misdemeanor.	16632

(D) Whoever violates division (A), (B), (D), or (E) of	16633
section 4729.51 of the Revised Code is guilty of a misdemeanor of	16634
the first degree.	16635

(E)(1) Whoever violates section 4729.37, division (C)(2) of	16636
section 4729.51, division (J) of section 4729.54, or section	16637
4729.61 of the Revised Code is guilty of a felony of the fifth	16638
degree. If the offender previously has been convicted of or	16639
pleaded guilty to a violation of this chapter or a violation of	16640
Chapter 2925. or 3719. of the Revised Code, that person is guilty	16641
of a felony of the fourth degree.	16642

(2) If an offender is convicted of or pleads guilty to a	16643
violation of section 4729.37, division (C) of section 4729.51,	16644
division (J) of section 4729.54, or section 4729.61 of the Revised	16645
Code, if the violation involves the sale, offer to sell, or	16646
possession of a schedule I or II controlled substance, with the	16647
exception of marihuana, and if the court imposing sentence upon	16648
the offender finds that the offender as a result of the violation	16649
is a major drug offender, as defined in section 2929.01 of the	16650
Revised Code, and is guilty of a specification of the type	16651
described in section 2941.1410 of the Revised Code, the court, in	16652
lieu of the prison term authorized or required by division (E)(1)	16653
of this section and sections 2929.13 and 2929.14 of the Revised	16654
Code and in addition to any other sanction imposed for the offense	16655
under sections 2929.11 to 2929.18 of the Revised Code, shall	16656
impose upon the offender, in accordance with division (D)(B)(3)(a)	16657
of section 2929.14 of the Revised Code, the mandatory prison term	16658
specified in that division and may impose an additional prison	16659
term under division (D)(3)(b) of that section.	16660

(3) Notwithstanding any contrary provision of section 3719.21	16661
of the Revised Code, the clerk of court shall pay any fine imposed	16662
for a violation of section 4729.37, division (C) of section	16663
4729.51, division (J) of section 4729.54, or section 4729.61 of	16664
the Revised Code pursuant to division (A) of section 2929.18 of	16665
the Revised Code in accordance with and subject to the	16666
requirements of division (F) of section 2925.03 of the Revised	16667
Code. The agency that receives the fine shall use the fine as	16668
specified in division (F) of section 2925.03 of the Revised Code.	16669

(F) Whoever violates section 4729.531 of the Revised Code or	16670
any rule adopted thereunder or section 4729.532 of the Revised	16671
Code is guilty of a misdemeanor of the first degree.	16672

(G) Whoever violates division (C)(1) of section 4729.51 of	16673
the Revised Code is guilty of a felony of the fourth degree. If	16674
the offender has previously been convicted of or pleaded guilty to	16675
a violation of this chapter, or of a violation of Chapter 2925. or	16676
3719. of the Revised Code, that person is guilty of a felony of	16677
the third degree.	16678

(H) Whoever violates division (C)(3) of section 4729.51 of	16679
the Revised Code is guilty of a misdemeanor of the first degree.	16680
If the offender has previously been convicted of or pleaded guilty	16681
to a violation of this chapter, or of a violation of Chapter 2925.	16682
or 3719. of the Revised Code, that person is guilty of a felony of	16683
the fifth degree.	16684

(I)(1) Whoever violates division (B) of section 4729.42 of	16685
the Revised Code is guilty of unauthorized pharmacy-related drug	16686
conduct. Except as otherwise provided in this section,	16687
unauthorized pharmacy-related drug conduct is a misdemeanor of the	16688
second degree. If the offender previously has been convicted of or	16689
pleaded guilty to a violation of division (B), (C), (D), or (E) of	16690
that section, unauthorized pharmacy-related drug conduct is a	16691
misdemeanor of the first degree on a second offense and a felony	16692
of the fifth degree on a third or subsequent offense.	16693

(2) Whoever violates division (C) or (D) of section 4729.42	16694
of the Revised Code is guilty of permitting unauthorized	16695
pharmacy-related drug conduct. Except as otherwise provided in	16696
this section, permitting unauthorized pharmacy-related drug	16697
conduct is a misdemeanor of the second degree. If the offender	16698
previously has been convicted of or pleaded guilty to a violation	16699
of division (B), (C), (D), or (E) of that section, permitting	16700
unauthorized pharmacy-related drug conduct is a misdemeanor of the	16701
first degree on a second offense and a felony of the fifth degree	16702
on a third or subsequent offense.	16703

(3) Whoever violates division (E) of section 4729.42 of the	16704
Revised Code is guilty of the offense of falsification under	16705
section 2921.13 of the Revised Code. In addition to any other	16706
sanction imposed for the violation, the offender is forever	16707
disqualified from engaging in any activity specified in division	16708
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	16709
from performing any function as a health care professional or	16710
health care worker. As used in this division, "health care	16711
professional" and "health care worker" have the same meanings as	16712
in section 2305.234 of the Revised Code.	16713

(4) Notwithstanding any contrary provision of section 3719.21	16714
of the Revised Code or any other provision of law that governs the	16715
distribution of fines, the clerk of the court shall pay any fine	16716
imposed pursuant to division (I)(1), (2), or (3) of this section	16717
to the state board of pharmacy if the board has adopted a written	16718
internal control policy under division (F)(2) of section 2925.03	16719
of the Revised Code that addresses fine moneys that it receives	16720
under Chapter 2925. of the Revised Code and if the policy also	16721
addresses fine moneys paid under this division. The state board of	16722
pharmacy shall use the fines so paid in accordance with the	16723
written internal control policy to subsidize the board's law	16724
enforcement efforts that pertain to drug offenses.	16725

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	16726
the Revised Code is guilty of a misdemeanor of the third degree.	16727
If the offender has previously been convicted of or pleaded guilty	16728
to a violation of division (A)(1), (2), or (3) of section 4729.86	16729
of the Revised Code, that person is guilty of a misdemeanor of the	16730
first degree.	16731

(2) Whoever violates division (A)(2) of section 4729.86 of	16732
the Revised Code is guilty of a misdemeanor of the first degree.	16733
If the offender has previously been convicted of or pleaded guilty	16734
to a violation of division (A)(1), (2), or (3) of section 4729.86	16735
of the Revised Code, that person is guilty of a felony of the	16736
fifth degree.	16737

(3) Whoever violates division (A)(3) of section 4729.86 of	16738
the Revised Code is guilty of a felony of the fifth degree. If the	16739
offender has previously been convicted of or pleaded guilty to a	16740
violation of division (A)(1), (2), or (3) of section 4729.86 of	16741
the Revised Code, that person is guilty of a felony of the fourth	16742
degree.	16743

(K) A person who violates division (C) of section 4729.552 of	16744
the Revised Code is guilty of a misdemeanor of the first degree.	16745
If the person previously has been convicted of or pleaded guilty	16746
to a violation of division (C) of section 4729.552 of the Revised	16747
Code, that person is guilty of a felony of the fifth degree.	16748

Sec. 5120.031.  (A) As used in this section:

16749

(1) "Certificate of high school equivalence" means a	16750
statement that is issued by the state board of education or an	16751
equivalent agency of another state and that indicates that its	16752
holder has achieved the equivalent of a high school education as	16753
measured by scores obtained on the tests of general educational	16754
development published by the American council on education.	16755

(2) "Certificate of adult basic education" means a statement	16756
that is issued by the department of rehabilitation and correction	16757
through the Ohio central school system approved by the state board	16758
of education and that indicates that its holder has achieved a 6.0	16759
grade level, or higher, as measured by scores of nationally	16760
standardized or recognized tests.	16761

(3) "Deadly weapon" and "firearm" have the same meanings as	16762
in section 2923.11 of the Revised Code.	16763

(4) "Eligible offender" means a person, other than one who is	16764
ineligible to participate in an intensive program prison under the	16765
criteria specified in section 5120.032 of the Revised Code, who	16766
has been convicted of or pleaded guilty to, and has been sentenced	16767
for, a felony.	16768

(5) "Shock incarceration" means the program of incarceration	16769
that is established pursuant to the rules of the department of	16770
rehabilitation and correction adopted under this section.	16771

(B)(1) The director of rehabilitation and correction, by	16772
rules adopted under Chapter 119. of the Revised Code, shall	16773
establish a pilot program of shock incarceration that may be used	16774
for offenders who are sentenced to serve a term of imprisonment	16775
under the custody of the department of rehabilitation and	16776
correction, whom the department determines to be eligible	16777
offenders, and whom the department, subject to the approval of the	16778
sentencing judge, may permit to serve their sentence as a sentence	16779
of shock incarceration in accordance with this section.	16780

(2) The rules for the pilot program shall require that the	16781
program be established at an appropriate state correctional	16782
institution designated by the director and that the program	16783
consist of both of the following for each eligible offender whom	16784
the department, with the approval of the sentencing judge, permits	16785
to serve the eligible offender's sentence as a sentence of shock	16786
incarceration:	16787

(a) A period of imprisonment at that institution of ninety	16788
days that shall consist of a military style combination of	16789
discipline, physical training, and hard labor and substance abuse	16790
education, employment skills training, social skills training, and	16791
psychological treatment. During the ninety-day period, the	16792
department may permit an eligible offender to participate in a	16793
self-help program. Additionally, during the ninety-day period, an	16794
eligible offender who holds a high school diploma or a certificate	16795
of high school equivalence may be permitted to tutor other	16796
eligible offenders in the shock incarceration program. If an	16797
eligible offender does not hold a high school diploma or	16798
certificate of high school equivalence, the eligible offender may	16799
elect to participate in an education program that is designed to	16800
award a certificate of adult basic education or an education	16801
program that is designed to award a certificate of high school	16802
equivalence to those eligible offenders who successfully complete	16803
the education program, whether the completion occurs during or	16804
subsequent to the ninety-day period. To the extent possible, the	16805
department shall use as teachers in the education program persons	16806
who have been issued a license pursuant to sections 3319.22 to	16807
3319.31 of the Revised Code, who have volunteered their services	16808
to the education program, and who satisfy any other criteria	16809
specified in the rules for the pilot project.	16810

(b) Immediately following the ninety-day period of	16811
imprisonment, and notwithstanding any other provision governing	16812
the early release of a prisoner from imprisonment or the transfer	16813
of a prisoner to transitional control, one of the following, as	16814
determined by the director:	16815

(i) An intermediate, transitional type of detention for the	16816
period of time determined by the director and, immediately	16817
following the intermediate, transitional type of detention, a	16818
release under a post-release control sanction imposed in	16819
accordance with section 2967.28 of the Revised Code. The period of	16820
intermediate, transitional type of detention imposed by the	16821
director under this division may be in a halfway house, in a	16822
community-based correctional facility and program or district	16823
community-based correctional facility and program established	16824
under sections 2301.51 to 2301.58 of the Revised Code, or in any	16825
other facility approved by the director that provides for	16826
detention to serve as a transition between imprisonment in a state	16827
correctional institution and release from imprisonment.	16828

(ii) A release under a post-release control sanction imposed	16829
in accordance with section 2967.28 of the Revised Code.	16830

(3) The rules for the pilot program also shall include, but	16831
are not limited to, all of the following:	16832

(a) Rules identifying the locations within the state	16833
correctional institution designated by the director that will be	16834
used for eligible offenders serving a sentence of shock	16835
incarceration;	16836

(b) Rules establishing specific schedules of discipline,	16837
physical training, and hard labor for eligible offenders serving a	16838
sentence of shock incarceration, based upon the offender's	16839
physical condition and needs;	16840

(c) Rules establishing standards and criteria for the	16841
department to use in determining which eligible offenders the	16842
department will permit to serve their sentence of imprisonment as	16843
a sentence of shock incarceration;	16844

(d) Rules establishing guidelines for the selection of	16845
post-release control sanctions for eligible offenders;	16846

(e) Rules establishing procedures for notifying sentencing	16847
courts of the performance of eligible offenders serving their	16848
sentences of imprisonment as a sentence of shock incarceration;	16849

(f) Any other rules that are necessary for the proper conduct	16850
of the pilot program.	16851

(C)(1) If an offender is sentenced to a term of imprisonment	16852
under the custody of the department, if the sentencing court	16853
either recommends the offender for placement in a program of shock	16854
incarceration under this section or makes no recommendation on	16855
placement of the offender, and if the department determines that	16856
the offender is an eligible offender for placement in a program of	16857
shock incarceration under this section, the department may permit	16858
the eligible offender to serve the sentence in a program of shock	16859
incarceration, in accordance with division (K)(I) of section	16860
2929.14 of the Revised Code, with this section, and with the rules	16861
adopted under this section. If the sentencing court disapproves	16862
placement of the offender in a program of shock incarceration, the	16863
department shall not place the offender in any program of shock	16864
incarceration.	16865

If the sentencing court recommends the offender for placement	16866
in a program of shock incarceration and if the department	16867
subsequently places the offender in the recommended program, the	16868
department shall notify the court of the offender's placement in	16869
the recommended program and shall include with the notice a brief	16870
description of the placement.	16871

If the sentencing court recommends placement of the offender	16872
in a program of shock incarceration and the department for any	16873
reason does not subsequently place the offender in the recommended	16874
program, the department shall send a notice to the court	16875
indicating why the offender was not placed in the recommended	16876
program.	16877

If the sentencing court does not make a recommendation on the	16878
placement of an offender in a program of shock incarceration and	16879
if the department determines that the offender is an eligible	16880
offender for placement in a program of that nature, the department	16881
shall screen the offender and determine if the offender is suited	16882
for the program of shock incarceration. If the offender is suited	16883
for the program of shock incarceration, at least three weeks prior	16884
to permitting an eligible offender to serve the sentence in a	16885
program of shock incarceration, the department shall notify the	16886
sentencing court of the proposed placement of the offender in the	16887
program and shall include with the notice a brief description of	16888
the placement. The court shall have ten days from receipt of the	16889
notice to disapprove the placement. If the sentencing court	16890
disapproves of the placement, the department shall not permit the	16891
eligible offender to serve the sentence in a program of shock	16892
incarceration. If the judge does not timely disapprove of	16893
placement of the offender in the program of shock incarceration,	16894
the department may proceed with plans for placement of the	16895
offender.	16896

If the department determines that the offender is not	16897
eligible for placement in a program of shock incarceration, the	16898
department shall not place the offender in any program of shock	16899
incarceration.	16900

(2) If the department permits an eligible offender to serve	16901
the eligible offender's sentence of imprisonment as a sentence of	16902
shock incarceration and the eligible offender does not	16903
satisfactorily complete the entire period of imprisonment	16904
described in division (B)(2)(a) of this section, the offender	16905
shall be removed from the pilot program for shock incarceration	16906
and shall be required to serve the remainder of the offender's	16907
sentence of imprisonment imposed by the sentencing court as a	16908
regular term of imprisonment. If the eligible offender commences a	16909
period of post-release control described in division (B)(2)(b) of	16910
this section and violates the conditions of that post-release	16911
control, the eligible offender shall be subject to the provisions	16912
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	16913
regarding violation of post-release control sanctions.	16914

(3) If an eligible offender's stated prison term expires at	16915
any time during the eligible offender's participation in the shock	16916
incarceration program, the adult parole authority shall terminate	16917
the eligible offender's participation in the program and shall	16918
issue to the eligible offender a certificate of expiration of the	16919
stated prison term.	16920

(D) The director shall keep sentencing courts informed of the	16921
performance of eligible offenders serving their sentences of	16922
imprisonment as a sentence of shock incarceration, including, but	16923
not limited to, notice of eligible offenders who fail to	16924
satisfactorily complete their entire sentence of shock	16925
incarceration or who satisfactorily complete their entire sentence	16926
of shock incarceration.	16927

(E) Within a reasonable period of time after November 20,	16928
1990, the director shall appoint a committee to search for one or	16929
more suitable sites at which one or more programs of shock	16930
incarceration, in addition to the pilot program required by	16931
division (B)(1) of this section, may be established. The search	16932
committee shall consist of the director or the director's	16933
designee, as chairperson; employees of the department of	16934
rehabilitation and correction appointed by the director; and any	16935
other persons that the director, in the director's discretion,	16936
appoints. In searching for such sites, the search committee shall	16937
give preference to any site owned by the state or any other	16938
governmental entity and to any existing structure that reasonably	16939
could be renovated, enlarged, converted, or remodeled for purposes	16940
of establishing such a program. The search committee shall prepare	16941
a report concerning its activities and, on the earlier of the day	16942
that is twelve months after the first day on which an eligible	16943
offender began serving a sentence of shock incarceration under the	16944
pilot program or January 1, 1992, shall file the report with the	16945
president and the minority leader of the senate, the speaker and	16946
the minority leader of the house of representatives, the members	16947
of the senate who were members of the senate judiciary committee	16948
in the 118th general assembly or their successors, and the members	16949
of the house of representatives who were members of the select	16950
committee to hear drug legislation that was established in the	16951
118th general assembly or their successors. Upon the filing of the	16952
report, the search committee shall terminate. The report required	16953
by this division shall contain all of the following:	16954

(1) A summary of the process used by the search committee in	16955
performing its duties under this division;	16956

(2) A summary of all of the sites reviewed by the search	16957
committee in performing its duties under this division, and the	16958
benefits and disadvantages it found relative to the establishment	16959
of a program of shock incarceration at each such site;	16960

(3) The findings and recommendations of the search committee	16961
as to the suitable site or sites, if any, at which a program of	16962
shock incarceration, in addition to the pilot program required by	16963
division (B)(1) of this section, may be established.	16964

(F) The director periodically shall review the pilot program	16965
for shock incarceration required to be established by division	16966
(B)(1) of this section. The director shall prepare a report	16967
relative to the pilot program and, on the earlier of the day that	16968
is twelve months after the first day on which an eligible offender	16969
began serving a sentence of shock incarceration under the pilot	16970
program or January 1, 1992, shall file the report with the	16971
president and the minority leader of the senate, the speaker and	16972
the minority leader of the house of representatives, the members	16973
of the senate who were members of the senate judiciary committee	16974
in the 118th general assembly or their successors, and the members	16975
of the house of representatives who were members of the select	16976
committee to hear drug legislation that was established in the	16977
118th general assembly or their successors. The pilot program	16978
shall not terminate at the time of the filing of the report, but	16979
shall continue in operation in accordance with this section. The	16980
report required by this division shall include all of the	16981
following:	16982

(1) A summary of the pilot program as initially established,	16983
a summary of all changes in the pilot program made during the	16984
period covered by the report and the reasons for the changes, and	16985
a summary of the pilot program as it exists on the date of	16986
preparation of the report;	16987

(2) A summary of the effectiveness of the pilot program, in	16988
the opinion of the director and employees of the department	16989
involved in its operation;	16990

(3) An analysis of the total cost of the pilot program, of	16991
its cost per inmate who was permitted to serve a sentence of shock	16992
incarceration and who served the entire sentence of shock	16993
incarceration, and of its cost per inmate who was permitted to	16994
serve a sentence of shock incarceration;	16995

(4) A summary of the standards and criteria used by the	16996
department in determining which eligible offenders were permitted	16997
to serve their sentence of imprisonment as a sentence of shock	16998
incarceration;	16999

(5) A summary of the characteristics of the eligible	17000
offenders who were permitted to serve their sentence of	17001
imprisonment as a sentence of shock incarceration, which summary	17002
shall include, but not be limited to, a listing of every offense	17003
of which any such eligible offender was convicted or to which any	17004
such eligible offender pleaded guilty and in relation to which the	17005
eligible offender served a sentence of shock incarceration, and	17006
the total number of such eligible offenders who were convicted of	17007
or pleaded guilty to each such offense;	17008

(6) A listing of the number of eligible offenders who were	17009
permitted to serve a sentence of shock incarceration and who did	17010
not serve the entire sentence of shock incarceration, and, to the	17011
extent possible, a summary of the length of the terms of	17012
imprisonment served by such eligible offenders after they were	17013
removed from the pilot program;	17014

(7) A summary of the effect of the pilot program on	17015
overcrowding at state correctional institutions;	17016

(8) To the extent possible, an analysis of the rate of	17017
recidivism of eligible offenders who were permitted to serve a	17018
sentence of shock incarceration and who served the entire sentence	17019
of shock incarceration;	17020

(9) Recommendations as to legislative changes to the pilot	17021
program that would assist in its operation or that could further	17022
alleviate overcrowding at state correctional institutions, and	17023
recommendations as to whether the pilot program should be	17024
expanded.	17025

Sec. 5120.036.  (A) The department of rehabilitation and	17026
correction shall provide risk reduction programming and treatment	17027
for inmates whom a court under section 2929.143 of the Revised	17028
Code recommends serve a risk reduction sentence and who meet the	17029
eligibility criteria described in division (B) of this section.	17030

(B) If an offender is sentenced to a term of imprisonment in	17031
a state correctional institution and the sentencing court	17032
recommended that the offender serve a risk reduction sentence, the	17033
department of rehabilitation and correction shall conduct a	17034
validated and objective assessment of the person's needs and risk	17035
of reoffending. If the offender cooperates with the risk	17036
assessment and agrees to participate in any programming or	17037
treatment ordered by the department, the department shall provide	17038
programming and treatment to the offender to address the risks and	17039
needs identified in the assessment.	17040

(C) If the department determines that an offender serving a	17041
term of incarceration for whom the sentencing court recommended a	17042
risk reduction sentence under section 2929.143 of the Revised Code	17043
has successfully completed the assessment and treatment or	17044
programming required by the department under division (B) of this	17045
section, the department shall release the offender to supervised	17046
release after the offender has served each mandatory prison term	17047
to which the offender was sentenced, if any, and a minimum of	17048
eighty per cent of the aggregated nonmandatory prison terms to	17049
which the offender was sentenced. No mandatory prison term shall	17050
be reduced by, or as a result of, an offender's service of a risk	17051
reduction sentence. The department shall notify the sentencing	17052
court that the offender has successfully completed the terms of	17053
the risk reduction sentence at least thirty days prior to the date	17054
upon which the offender is to be released.	17055

(D) As used in this section:

17056

(1) "Mandatory prison term" has the same meaning as in	17057
section 2929.01 of the Revised Code.	17058

(2) "Nonmandatory prison term" means a prison term that is	17059
not a mandatory prison term.	17060

Sec. 5120.07.  (A) There is hereby created the ex-offender	17061
reentry coalition consisting of the following seventeen members or	17062
their designees:	17063

(1) The director of rehabilitation and correction;

17064

(2) The director of aging;

17065

(3) The director of alcohol and drug addiction services;

17066

(4) The director of development;

17067

(5) The superintendent of public instruction;

17068

(6) The director of health;

17069

(7) The director of job and family services;

17070

(8) The director of mental health;

17071

(9) The director of developmental disabilities;

17072

(10) The director of public safety;

17073

(11) The director of youth services;

17074

(12) The chancellor of the Ohio board of regents;

17075

(13) The directorA representative or member of the	17076
governor's office of external affairs and economic opportunity	17077
staff;	17078

(14) The director of the governor's office of faith-based and	17079
community initiatives;	17080

(15) The director of the rehabilitation services commission;

17081

(16)(15) The director of the department of commerce;

17082

(17)(16) The executive director of a health care licensing	17083
board created under Title XLVII of the Revised Code, as appointed	17084
by the chairperson of the coalition;	17085

(17) The director of veterans services.

17086

(B) The members of the coalition shall serve without	17087
compensation. The director of rehabilitation and correction or the	17088
director's designee shall be the chairperson of the coalition.	17089

(C) In consultation with persons interested and involved in	17090
the reentry of ex-offenders into the community, including but not	17091
limited to, service providers, community-based organizations, and	17092
local governments, the coalition shall identify and examine social	17093
service barriers and other obstacles to the reentry of	17094
ex-offenders into the community. Not later than one year after	17095
April 7, 2009, and on or before the same date of each year	17096
thereafter, the coalition shall submit to the speaker of the house	17097
of representatives and the president of the senate a report,	17098
including recommendations for legislative action, the activities	17099
of the coalition, and the barriers affecting the successful	17100
reentry of ex-offenders into the community. The report shall	17101
analyze the effects of those barriers on ex-offenders and on their	17102
children and other family members in various areas, including but	17103
not limited to, the following:	17104

(1) Admission to public and other housing;

17105

(2) Child support obligations and procedures;

17106

(3) Parental incarceration and family reunification;

17107

(4) Social security benefits, veterans' benefits, food	17108
stamps, and other forms of public assistance;	17109

(5) Employment;

17110

(6) Education programs and financial assistance;

17111

(7) Substance abuse, mental health, and sex offender	17112
treatment programs and financial assistance;	17113

(8) Civic and political participation;

17114

(9) Other collateral consequences under the Revised Code or	17115
the Ohio administrative code law that may result from a criminal	17116
conviction.	17117

(D)(1) The report shall also include the following	17118
information:	17119

(a) Identification of state appropriations for reentry	17120
programs;	17121

(b) Identification of other funding sources for reentry	17122
programs that are not funded by the state;	17123

(2) The coalition shall gather information about reentry	17124
programs in a repository maintained and made available by the	17125
coalition. Where available , the information shall include the	17126
following:	17127

(a) The amount of funding received;

17128

(b) The number of program participants;

17129

(c) The composition of the program, including program goals,	17130
methods for measuring success, and program success rate;	17131

(d) The type of post-program tracking that is utilized;

17132

(e) Information about employment rates and recidivism rates	17133
of ex-offenders.	17134

(E) The coalition shall cease to exist on December 31, 2014.

17135

Sec. 5120.111.  With respect to community-based correctional	17136
facilities and programs and district community-based correctional	17137
facilities and programs authorized under section 2301.51 of the	17138
Revised Code, the department of rehabilitation and correction	17139
shall do all of the following:	17140

(A) Adopt rules, under Chapter 119. of the Revised Code, that	17141
serve as criteria for the operation of community-based	17142
correctional facilities and programs and district community-based	17143
correctional facilities and programs approved in accordance with	17144
sections 2301.51 and 5120.10 of the Revised Code;	17145

(B) Adopt rules, under Chapter 119. of the Revised Code,	17146
governing the procedures for the submission of proposals for the	17147
establishment of community-based correctional facilities and	17148
programs and district community-based correctional facilities and	17149
programs to the division of parole and community services under	17150
division (B) of section 2301.51 of the Revised Code;	17151

(C) Prescribe forms that are to be used by facility governing	17152
boards of community-based correctional facilities and programs and	17153
district community-based correctional facilities and programs in	17154
making application for state financial assistance under section	17155
2301.56 of the Revised Code;	17156

(D) Adopt rules, under Chapter 119. of the Revised Code, that	17157
prescribe the standards of operation for the facilities and	17158
programs that must be satisfied for thecommunity-based	17159
correctional facilities and programs and district community-based	17160
correctional facilities and programs to be eligible for state	17161
financial assistance;. The standards adopted by the department	17162
shall specify the class of offender whose degree of felony, whose	17163
community control sanction revocation history, or whose risk level	17164
as assessed by the single validated risk assessment tool described	17165
in section 5120.114 of the Revised Code, make the offender	17166
suitable for admission to the facility. The rules shall make the	17167
level of state financial assistance provided to every facility	17168
contingent upon the number of offenders admitted to the facility	17169
each fiscal year who satisfy the admission suitability standards	17170
established by the department.	17171

(E) Through the division of parole and community services,	17172
accept and review proposals for the establishment of the	17173
community-based correctional facilities and programs and district	17174
community-based correctional facilities and programs and approve	17175
those proposals that satisfy the minimum requirements contained in	17176
section 2301.52 of the Revised Code; and administer the program	17177
for state financial assistance to the facilities and programs in	17178
accordance with section 5120.112 of the Revised Code.	17179

Sec. 5120.113.  (A) For each inmate committed to the	17180
department of rehabilitation and correction, except as provided in	17181
division (B) of this section, the department shall prepare a	17182
written reentry plan for the inmate to help guide the inmate's	17183
rehabilitation program during imprisonment, to assist in the	17184
inmate's reentry into the community, and to assess the inmate's	17185
needs upon release.	17186

(B) Division (A) of this section does not apply to an inmate	17187
who has been sentenced to life imprisonment without parole or who	17188
has been sentenced to death. Division (A) of this section does not	17189
apply to any inmate who is expected to be imprisoned for thirty	17190
days or less, but the department may prepare a written reentry	17191
plan of the type described in that division if the department	17192
determines that the plan is needed.	17193

(C) The department may collect, if available, any social and	17194
other information that will aid in the preparation of reentry	17195
plans under this section.	17196

(D) In the event the department does not prepare a written	17197
reentry plan as specified in division (A) of this section, or	17198
makes a decision to not prepare a written reentry plan under	17199
division (B) of this section or to not collect information under	17200
division (C) of this section, that fact does not give rise to a	17201
claim for damages against the state, the department, the director	17202
of the department, or any employee of the department.	17203

Sec. 5120.114.  (A) The department of rehabilitation and	17204
correction shall select a single validated risk assessment tool	17205
for adult offenders. This assessment tool shall be used by the	17206
following entities:	17207

(1) Municipal courts, when the particular court orders an	17208
assessment of an offender for sentencing or another purpose;	17209

(2) Common pleas courts, when the particular court orders an	17210
assessment of an offender for sentencing or another purpose;	17211

(3) County courts, when the particular court orders an	17212
assessment of an offender for sentencing or another purpose;	17213

(4) Municipal court departments of probation;

17214

(5) County departments of probation;

17215

(6) Probation departments established by two or more	17216
counties;	17217

(7) State and local correctional institutions;

17218

(8) Private correctional facilities;

17219

(9) Community-based correctional facilities;

17220

(10) The adult parole authority;

17221

(11) The parole board.

17222

(B) For each entity required to use the assessment tool,	17223
every employee of the entity who actually uses the tool shall be	17224
trained and certified by a trainer who is certified by the	17225
department. Each entity utilizing the assessment tool shall	17226
develop policies and protocols regarding all of the following	17227
activities:	17228

(1) Application and integration of the assessment tool into	17229
operations, supervision, and case planning;	17230

(2) Administrative oversight of the use of the assessment	17231
tool;	17232

(3) Staff training;

17233

(4) Quality assurance;

17234

(5) Data collection and sharing as described under section	17235
5120.115 of the Revised Code.	17236

Sec. 5120.115. (A) Each authorized user of the single	17237
validated risk assessment tool described in section 5120.114 of	17238
the Revised Code shall have access to all reports generated by the	17239
risk assessment tool and all data stored in the risk assessment	17240
tool. An authorized user may disclose any report generated by the	17241
risk assessment tool to law enforcement agencies, halfway houses,	17242
and medical, mental health, and substance abuse treatment	17243
providers for penological and rehabilitative purposes. The user	17244
shall make the disclosure in a manner calculated to maintain the	17245
report's confidentiality.	17246

(B) All reports generated by or data collected in the risk	17247
assessment tool are confidential information and are not a public	17248
record. No person shall disclose any report generated by or data	17249
collected in the risk assessment tool except as provided in	17250
division (A) of this section.	17251

(C) As used in this section, "public record" has the same	17252
meaning as in section 149.43 of the Revised Code.	17253

Sec. 5120.16.  (A) Persons sentenced to any institution,	17254
division, or place under the control of the department of	17255
rehabilitation and correction are committed to the control, care,	17256
and custody of the department. Subject to division (B) of this	17257
section, the director of rehabilitation and correction or the	17258
director's designee may direct that persons sentenced to the	17259
department, or to any institution or place within the department,	17260
shall be conveyed initially to an appropriate facility established	17261
and maintained by the department for reception, examination,	17262
observation, and classification of the persons so sentenced. If a	17263
presentence investigation report was not prepared pursuant to	17264
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	17265
32.2 regarding any person sentenced to the department or to any	17266
institution or place within the department, the director or the	17267
director's designee may order the department's field staff to	17268
conduct an offender background investigation and prepare an	17269
offender background investigation report regarding the person. The	17270
investigation and report shall be conducted in accordance with	17271
division (A) of section 2951.03 of the Revised Code and the report	17272
shall contain the same information as a presentence investigation	17273
report prepared pursuant to that section.	17274

When the examination, observation, and classification of the	17275
person have been completed by the facility and a written report of	17276
the examination, observation, and classification is filed with the	17277
commitment papers, the director or the director's designee,	17278
subject to division (B) of this section, shall assign the person	17279
to a suitable state institution or place maintained by the state	17280
within the director's department or shall designate that the	17281
person is to be housed in a county, multicounty, municipal,	17282
municipal-county, or multicounty-municipal jail or workhouse, if	17283
authorized by section 5120.161 of the Revised Code, there to be	17284
confined, cared for, treated, trained, and rehabilitated until	17285
paroled, released in accordance with section 2929.20, 2967.26, or	17286
2967.28, or 5120.036 of the Revised Code, or otherwise released	17287
under the order of the court that imposed the person's sentence.	17288
No person committed by a probate court, a trial court pursuant to	17289
section 2945.40, 2945.401, or 2945.402 of the Revised Code	17290
subsequent to a finding of not guilty by reason of insanity, or a	17291
juvenile court shall be assigned to a state correctional	17292
institution.	17293

If a person is sentenced, committed, or assigned for the	17294
commission of a felony to any one of the institutions or places	17295
maintained by the department or to a county, multicounty,	17296
municipal, municipal-county, or multicounty-municipal jail or	17297
workhouse, the department, by order duly recorded and subject to	17298
division (B) of this section, may transfer the person to any other	17299
institution, or, if authorized by section 5120.161 of the Revised	17300
Code, to a county, multicounty, municipal, municipal-county, or	17301
multicounty-municipal jail or workhouse.	17302

(B) If the case of a child who is alleged to be a delinquent	17303
child is transferred for criminal prosecution to the appropriate	17304
court having jurisdiction of the offense pursuant to section	17305
2152.12 of the Revised Code, if the child is convicted of or	17306
pleads guilty to a felony in that case, if the child is sentenced	17307
to a prison term, as defined in section 2901.01 of the Revised	17308
Code, and if the child is under eighteen years of age when	17309
delivered to the custody of the department of rehabilitation and	17310
correction, all of the following apply regarding the housing of	17311
the child:	17312

(1) Until the child attains eighteen years of age, subject to	17313
divisions (B)(2), (3), and (4) of this section, the department	17314
shall house the child in a housing unit in a state correctional	17315
institution separate from inmates who are eighteen years of age or	17316
older.	17317

(2) The department is not required to house the child in the	17318
manner described in division (B)(1) of this section if the child	17319
does not observe the rules and regulations of the institution or	17320
the child otherwise creates a security risk by being housed	17321
separately.	17322

(3) If the department receives too few inmates who are under	17323
eighteen years of age to fill a housing unit in a state	17324
correctional institution separate from inmates who are eighteen	17325
years of age or older, as described in division (B)(1) of this	17326
section, the department may house the child in a housing unit in a	17327
state correctional institution that includes both inmates who are	17328
under eighteen years of age and inmates who are eighteen years of	17329
age or older and under twenty-one years of age.	17330

(4) Upon the child's attainment of eighteen years of age, the	17331
department may house the child with the adult population of the	17332
state correctional institution.	17333

(C) The director or the director's designee shall develop a	17334
policy for dealing with problems related to infection with the	17335
human immunodeficiency virus. The policy shall include methods of	17336
identifying individuals committed to the custody of the department	17337
who are at high risk of infection with the virus and counseling	17338
those individuals.	17339

Arrangements for housing individuals diagnosed as having AIDS	17340
or an AIDS-related condition shall be made by the department based	17341
on security and medical considerations and in accordance with	17342
division (B) of this section, if applicable.	17343

Sec. 5120.331.  (A) Not later than the first day of April of	17344
each year, the department of rehabilitation and correction shall	17345
prepare an annual report covering the preceding calendar year that	17346
does all of the following:	17347

(1) Indicates the total number of persons sentenced to any	17348
institution, division, or place under its control and management	17349
who are delivered within that calendar year to its custody and	17350
control;	17351

(2) Indicates the total number of persons who, during that	17352
calendar year, were released from a prison term on any of the	17353
following bases:	17354

(a) On judicial release under section 2929.20 of the Revised	17355
Code;	17356

(b) On transitional control under section 2967.26 of the	17357
Revised Code;	17358

(c) As a result of successfully completing a risk reduction	17359
sentence under section 5120.036 of the Revised Code;	17360

(d) On parole;

17361

(d)(e) Due to the expiration of the stated prison term	17362
imposed;	17363

(e)(f) On any basis not described in divisions (A)(2)(a) to	17364
(d)(e) of this section.	17365

(3) Lists each offense, by Revised Code section number and,	17366
if applicable, by designated name, for which at least one person	17367
who was released from a prison term in that calendar year was	17368
serving a prison term at the time of release;	17369

(4) For each offense included in the list described in	17370
division (A)(3) of this section, indicates all of the following:	17371

(a) The total number of persons released from a prison term	17372
in that calendar year who were serving a prison term for that	17373
offense at the time of release;	17374

(b) The shortest, longest, and average prison term that had	17375
been imposed for that offense upon the persons described in	17376
division (A)(4)(a) of this section and that they were serving at	17377
the time of release;	17378

(c) The shortest, longest, and average period of imprisonment	17379
actually served by the persons described in division (A)(4)(a) of	17380
this section under a prison term that had been imposed for that	17381
offense upon them and that they were serving at the time of	17382
release;	17383

(d) The total number of persons released from a prison term	17384
in that calendar year under each of the bases for release set	17385
forth in division (A)(2) of this section who were serving a prison	17386
term for that offense at the time of release;	17387

(e) The shortest, longest, and average prison term that had	17388
been imposed for that offense upon the persons in each category	17389
described in division (A)(4)(d) of this section and that they were	17390
serving at the time of release;	17391

(f) The shortest, longest, and average period of imprisonment	17392
actually served by the persons in each category described in	17393
division (A)(4)(d) of this section under a prison term that had	17394
been imposed for that offense upon them and that they were serving	17395
at the time of release.	17396

(B) No report prepared under division (A) of this section	17397
shall identify or enable the identification of any person released	17398
from a prison term in the preceding calendar year.	17399

(C) Each annual report prepared under division (A) of this	17400
section shall be distributed to each member of the general	17401
assembly.	17402

(D) As used in this section, "prison term" and "stated prison	17403
term" have the same meanings as in section 2929.01 of the Revised	17404
Code.	17405

Sec. 5120.48.  (A) If a prisoner escapes from a state	17406
correctional institution, the managing officer of the institution,	17407
after consultation with and upon the advice of appropriate law	17408
enforcement officials, shall assign and deploy into the community	17409
appropriate staff persons necessary to apprehend the prisoner.	17410
Correctional officers and officials may carry firearms when	17411
required in the discharge of their duties in apprehending, taking	17412
into custody, or transporting to a place of confinement a prisoner	17413
who has escaped from a state correctional institution.	17414

(B) If a prisoner is released from a state correctional	17415
institution prior to the lawful end of the person's prison term or	17416
term of imprisonment, whether by error, inadvertence, fraud, or	17417
any other cause except a lawful parole or judicial release granted	17418
pursuant to section 2929.20 of the Revised Code or the successful	17419
completion of a risk reduction sentence under section 5120.036 of	17420
the Revised Code, the managing officer of the institution, after	17421
consulting with the bureau of sentence computation, shall notify	17422
the chief of the adult parole authority, the office of victim	17423
services of the division of parole and community services, and the	17424
sentencing court of the mistaken release. Upon the direction of	17425
the chief, or the chief's designee, field officers of the	17426
authority may arrest the prisoner without a warrant and return the	17427
prisoner to the state correctional institution to complete the	17428
balance of the prisoner's sentence. The chief of the adult parole	17429
authority, or the chief's designee, may require the assistance of	17430
any peace officer or law enforcement officer in the apprehension	17431
of a prisoner of that nature.	17432

Sec. 5120.59.  Before a prisoner is released from a state	17433
correctional institution, the department of rehabilitation and	17434
correction shall attempt to verify the prisoner's identification	17435
and social security number. If the department is not able to	17436
verify the prisoner's identification and social security number,	17437
if the prisoner has no other documentary evidence required by the	17438
registrar of motor vehicles for the issuance of an identification	17439
card under section 4507.50 of the Revised Code, and if the	17440
department determines that the prisoner is legally living in the	17441
United States, the department shall issue to the prisoner upon the	17442
prisoner's release an identification card that the prisoner may	17443
present to the registrar or a deputy registrar of motor vehicles	17444
to obtain an identification card under section 4507.50 of the	17445
Revised Code. The director of rehabilitation and correction may	17446
adopt rules for the implementation of this section.	17447

Sec. 5120.60.  (A) There is hereby created in the division of	17448
parole and community services the office of victims'victim	17449
services.	17450

(B) The office shall provide assistance to victims of crime,	17451
victims' representatives designated under section 2930.02 of the	17452
Revised Code, and members of the victim's family. The assistance	17453
shall include, but not be limited to, providing information about	17454
the policies and procedures of the department of rehabilitation	17455
and correction and the status of offenders under the department's	17456
jurisdiction.	17457

(C) The office shall also make available publications that	17458
will assist victims in contacting staff of the department about	17459
problems with offenders under the supervision of the adult parole	17460
authority or confined in state correctional institutions under the	17461
department's jurisdiction.	17462

(D) The office shall employ a victimsvictim coordinator who	17463
shall administer the office's functions. The victimsvictim	17464
coordinator shall be in the unclassified civil service and report	17465
directly to the chief of the division.	17466

(E) The office shall also employ at least three persons in	17467
the unclassified civil service whose primary duties shall be to	17468
help parole board hearing officers identify victims' issues and to	17469
make recommendations to the parole board in accordance with rules	17470
adopted by the department. The member of the parole board	17471
appointed pursuant to division (B) of section 5149.10 of the	17472
Revised Code shall approve the hiring of the employees of the	17473
office.	17474

(F) The office shall coordinate its activities with the	17475
member of the parole board appointed pursuant to division (B) of	17476
section 5149.10 of the Revised Code. The victimsvictim	17477
coordinator and other employees of the office shall have full	17478
access to records of prisoners under the department's	17479
jurisdiction.	17480

(G) Information provided to the office of victim services by	17481
victims of crime or a victim representative designated under	17482
section 2930.02 of the Revised Code for the purpose of program	17483
participation, of receiving services, or to communicate acts of an	17484
inmate or person under the supervision of the adult parole	17485
authority that threaten the safety and security of the victim	17486
shall be confidential and is not a public record under section	17487
149.43 of the Revised Code.	17488

(H)(1) If a person who was convicted of or pleaded guilty to	17489
an offense of violence that is a felony escapes from a	17490
correctional institution under the control of the department of	17491
rehabilitation and correction or otherwise escapes from the	17492
custody of the department, the office of victim services shall	17493
notify each victim of the offense or offenses committed by that	17494
person of that person's escape and, if applicable, of that	17495
person's subsequent apprehension. The office shall give this	17496
notice as soon as practicable after the escape and the office	17497
identifies and locates the victim. The office shall give this	17498
notice to each victim of the escaped person, regardless of whether	17499
the victim is registered for notification with the office, unless	17500
the victim has specifically notified the office that the victim	17501
does not wish to be notified regarding the person.	17502

The office may give the notice required by this division by	17503
telephone, in person, or by e-mail or other electronic means. If	17504
the office cannot locate a victim to whom notice is to be provided	17505
under this division, the office shall send the notice in writing	17506
to the last known address of that victim.	17507

(2) If a person escapes as described in division (H)(1) of	17508
this section, the office of victim services may request assistance	17509
from the prosecuting attorney of the county in which the person	17510
was convicted of or pleaded guilty to the offense in identifying	17511
and locating the victim of the offense.	17512

(I) Any reference in any Revised Code section other than this	17513
section to the "office of victims' services" of the division of	17514
parole and community services or of the department of	17515
rehabilitation and correction shall be construed as being a	17516
reference to, and meaning, the office of victim services created	17517
by division (A) of this section.	17518

(J) As used in this section, "crime," "member of the victim's	17519
family," and "victim" have the meanings given in section 2930.01	17520
of the Revised Code.	17521

Sec. 5120.66.  (A) Within ninety days after November 23,	17522
2005, but not before January 1, 2006, the department of	17523
rehabilitation and correction shall establish and operate on the	17524
internet a database that contains all of the following:	17525

(1) For each inmate in the custody of the department under a	17526
sentence imposed for a conviction of or plea of guilty to any	17527
offense, all of the following information:	17528

(a) The inmate's name;

17529

(b) For each offense for which the inmate was sentenced to a	17530
prison term or term of imprisonment and is in the department's	17531
custody, the name of the offense, the Revised Code section of	17532
which the offense is a violation, the gender of each victim of the	17533
offense if those facts are known, whether each victim of the	17534
offense was an adult or child if those facts are known, the range	17535
of the possible prison terms or term of imprisonment that could	17536
have been imposed for the offense, the actual prison term or term	17537
of imprisonment imposed for the offense, the county in which the	17538
offense was committed, the date on which the inmate began serving	17539
the prison term or term of imprisonment imposed for the offense,	17540
and either the date on which the inmate will be eligible for	17541
parole relative to the offense if the prison term or term of	17542
imprisonment is an indefinite term or life term or the date on	17543
which the term ends if the prison term is a definite term;	17544

(c) All of the following information that is applicable	17545
regarding the inmate:	17546

(i) If known to the department prior to the conduct of any	17547
hearing for judicial release of the defendant pursuant to section	17548
2929.20 of the Revised Code in relation to any prison term or term	17549
of imprisonment the inmate is serving for any offense or any	17550
hearing for release of the defendant pursuant to section 2967.19	17551
of the Revised Code in relation to any such term, notice of the	17552
fact that the inmate will be having a hearing regarding a possible	17553
grant of judicial release or release, the date of the hearing, and	17554
the right of any person pursuant to division (J) of that section	17555
2929.20 or division (H) of section 2967.19 of the Revised Code,	17556
whichever is applicable, to submit to the court a written	17557
statement regarding the possible judicial release;or release. The	17558
department also shall post notice of the filing of any petition	17559
for release of the inmate pursuant to section 2967.19 of the	17560
Revised Code, as required by division (E) of that section.	17561

(ii) If the inmate is serving a prison term pursuant to	17562
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	17563
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	17564
Code, prior to the conduct of any hearing pursuant to section	17565
2971.05 of the Revised Code to determine whether to modify the	17566
requirement that the inmate serve the entire prison term in a	17567
state correctional facility in accordance with division (C) of	17568
that section, whether to continue, revise, or revoke any existing	17569
modification of that requirement, or whether to terminate the	17570
prison term in accordance with division (D) of that section,	17571
notice of the fact that the inmate will be having a hearing	17572
regarding those determinations and of the date of the hearing;	17573

(iii) At least three weeks before the adult parole authority	17574
recommends a pardon or commutation of sentence for the inmate or	17575
at least three weeks prior to a hearing before the adult parole	17576
authority regarding a grant of parole to the inmate in relation to	17577
any prison term or term of imprisonment the inmate is serving for	17578
any offense, notice of the fact that the inmate might be under	17579
consideration for a pardon or commutation of sentence or will be	17580
having a hearing regarding a possible grant of parole, of the date	17581
of any hearing regarding a possible grant of parole, and of the	17582
right of any person to submit a written statement regarding the	17583
pending action;	17584

(iv) At least three weeks before the inmate is transferred to	17585
transitional control under section 2967.26 of the Revised Code in	17586
relation to any prison term or term of imprisonment the inmate is	17587
serving for any offense, notice of the pendency of the transfer,	17588
of the date of the possible transfer, and of the right of any	17589
person to submit a statement regarding the possible transfer;	17590

(v) Prompt notice of the inmate's escape from any facility in	17591
which the inmate was incarcerated and of the capture of the inmate	17592
after an escape;	17593

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

17594

(vii) Prior to the release of the inmate from confinement,	17595
notice of the fact that the inmate will be released, of the date	17596
of the release, and, if applicable, of the standard terms and	17597
conditions of the release;	17598

(viii) Notice of the inmate's judicial release pursuant to	17599
section 2929.20 of the Revised Code or release pursuant to section	17600
2967.19 of the Revised Code.	17601

(2) Information as to where a person can send written	17602
statements of the types referred to in divisions (A)(1)(c)(i),	17603
(iii), and (iv) of this section.	17604

(B)(1) The department shall update the database required	17605
under division (A) of this section every twenty-four hours to	17606
ensure that the information it contains is accurate and current.	17607

(2) The database required under division (A) of this section	17608
is a public record open for inspection under section 149.43 of the	17609
Revised Code. The department shall make the database searchable by	17610
inmate name and by the county and zip code where the offender	17611
intends to reside after release from a state correctional	17612
institution if this information is known to the department.	17613

(3) The database required under division (A) of this section	17614
may contain information regarding inmates who are listed in the	17615
database in addition to the information described in that	17616
division.	17617

(4) No information included on the database required under	17618
division (A) of this section shall identify or enable the	17619
identification of any victim of any offense committed by an	17620
inmate.	17621

(C) The failure of the department to comply with the	17622
requirements of division (A) or (B) of this section does not give	17623
any rights or any grounds for appeal or post-conviction relief to	17624
any inmate.	17625

(D) This section, and the related provisions of sections	17626
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	17627
in the act in which this section was enacted, shall be known as	17628
"Laura's Law."	17629

Sec. 5139.01.  (A) As used in this chapter:

17630

(1) "Commitment" means the transfer of the physical custody	17631
of a child or youth from the court to the department of youth	17632
services.	17633

(2) "Permanent commitment" means a commitment that vests	17634
legal custody of a child in the department of youth services.	17635

(3) "Legal custody," insofar as it pertains to the status	17636
that is created when a child is permanently committed to the	17637
department of youth services, means a legal status in which the	17638
department has the following rights and responsibilities: the	17639
right to have physical possession of the child; the right and duty	17640
to train, protect, and control the child; the responsibility to	17641
provide the child with food, clothing, shelter, education, and	17642
medical care; and the right to determine where and with whom the	17643
child shall live, subject to the minimum periods of, or periods	17644
of, institutional care prescribed in sections 2152.13 to 2152.18	17645
of the Revised Code; provided, that these rights and	17646
responsibilities are exercised subject to the powers, rights,	17647
duties, and responsibilities of the guardian of the person of the	17648
child, and subject to any residual parental rights and	17649
responsibilities.	17650

(4) Unless the context requires a different meaning,	17651
"institution" means a state facility that is created by the	17652
general assembly and that is under the management and control of	17653
the department of youth services or a private entity with which	17654
the department has contracted for the institutional care and	17655
custody of felony delinquents.	17656

(5) "Full-time care" means care for twenty-four hours a day	17657
for over a period of at least two consecutive weeks.	17658

(6) "Placement" means the conditional release of a child	17659
under the terms and conditions that are specified by the	17660
department of youth services. The department shall retain legal	17661
custody of a child released pursuant to division (C) of section	17662
2152.22 of the Revised Code or division (C) of section 5139.06 of	17663
the Revised Code until the time that it discharges the child or	17664
until the legal custody is terminated as otherwise provided by	17665
law.	17666

(7) "Home placement" means the placement of a child in the	17667
home of the child's parent or parents or in the home of the	17668
guardian of the child's person.	17669

(8) "Discharge" means that the department of youth services'	17670
legal custody of a child is terminated.	17671

(9) "Release" means the termination of a child's stay in an	17672
institution and the subsequent period during which the child	17673
returns to the community under the terms and conditions of	17674
supervised release.	17675

(10) "Delinquent child" has the same meaning as in section	17676
2152.02 of the Revised Code.	17677

(11) "Felony delinquent" means any child who is at least ten	17678
years of age but less than eighteen years of age and who is	17679
adjudicated a delinquent child for having committed an act that if	17680
committed by an adult would be a felony. "Felony delinquent"	17681
includes any adult who is between the ages of eighteen and	17682
twenty-one and who is in the legal custody of the department of	17683
youth services for having committed an act that if committed by an	17684
adult would be a felony.	17685

(12) "Juvenile traffic offender" has the same meaning as in	17686
section 2152.02 of the Revised Code.	17687

(13) "Public safety beds" means all of the following:

17688

(a) Felony delinquents who have been committed to the	17689
department of youth services for the commission of an act, other	17690
than a violation of section 2911.01 or 2911.11 of the Revised	17691
Code, that is a category one offense or a category two offense and	17692
who are in the care and custody of an institution or have been	17693
diverted from care and custody in an institution and placed in a	17694
community corrections facility;	17695

(b) Felony delinquents who, while committed to the department	17696
of youth services and in the care and custody of an institution or	17697
a community corrections facility, are adjudicated delinquent	17698
children for having committed in that institution or community	17699
corrections facility an act that if committed by an adult would be	17700
a misdemeanor or a felony;	17701

(c) Children who satisfy all of the following:

17702

(i) They are at least ten years of age but less than eighteen	17703
years of age.	17704

(ii) They are adjudicated delinquent children for having	17705
committed acts that if committed by an adult would be a felony.	17706

(iii) They are committed to the department of youth services	17707
by the juvenile court of a county that has had one-tenth of one	17708
per cent or less of the statewide adjudications for felony	17709
delinquents as averaged for the past four fiscal years.	17710

(iv) They are in the care and custody of an institution or a	17711
community corrections facility.	17712

(d) Felony delinquents who, while committed to the department	17713
of youth services and in the care and custody of an institution	17714
are serving disciplinary time for having committed an act	17715
described in division (A)(18)(a), (b), or (c) of this section, and	17716
who have been institutionalized or institutionalized in a secure	17717
facility for the minimum period of time specified in divisions	17718
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.	17719

(e) Felony delinquents who are subject to and serving a	17720
three-year period of commitment order imposed by a juvenile court	17721
pursuant to divisions (A) and (B) of section 2152.17 of the	17722
Revised Code for an act, other than a violation of section 2911.11	17723
of the Revised Code, that would be a category one offense or	17724
category two offense if committed by an adult.	17725

(f) Felony delinquents who are described in divisions	17726
(A)(13)(a) to (e) of this section, who have been granted a	17727
judicial release to court supervision under division (B) or (D) of	17728
section 2152.22 of the Revised Code or a judicial release to the	17729
department of youth services supervision under division (C) or (D)	17730
of that section from the commitment to the department of youth	17731
services for the act described in divisions (A)(13)(a) to (e) of	17732
this section, who have violated the terms and conditions of that	17733
release, and who, pursuant to an order of the court of the county	17734
in which the particular felony delinquent was placed on release	17735
that is issued pursuant to division (D)(E) of section 2152.22 of	17736
the Revised Code, have been returned to the department for	17737
institutionalization or institutionalization in a secure facility.	17738

(g) Felony delinquents who have been committed to the custody	17739
of the department of youth services, who have been granted	17740
supervised release from the commitment pursuant to section 5139.51	17741
of the Revised Code, who have violated the terms and conditions of	17742
that supervised release, and who, pursuant to an order of the	17743
court of the county in which the particular child was placed on	17744
supervised release issued pursuant to division (F) of section	17745
5139.52 of the Revised Code, have had the supervised release	17746
revoked and have been returned to the department for	17747
institutionalization. A felony delinquent described in this	17748
division shall be a public safety bed only for the time during	17749
which the felony delinquent is institutionalized as a result of	17750
the revocation subsequent to the initial thirty-day period of	17751
institutionalization required by division (F) of section 5139.52	17752
of the Revised Code.	17753

(14) Unless the context requires a different meaning,	17754
"community corrections facility" means a county or multicounty	17755
rehabilitation center for felony delinquents who have been	17756
committed to the department of youth services and diverted from	17757
care and custody in an institution and placed in the	17758
rehabilitation center pursuant to division (E) of section 5139.36	17759
of the Revised Code.	17760

(15) "Secure facility" means any facility that is designed	17761
and operated to ensure that all of its entrances and exits are	17762
under the exclusive control of its staff and to ensure that,	17763
because of that exclusive control, no child who has been	17764
institutionalized in the facility may leave the facility without	17765
permission or supervision.	17766

(16) "Community residential program" means a program that	17767
satisfies both of the following:	17768

(a) It is housed in a building or other structure that has no	17769
associated major restraining construction, including, but not	17770
limited to, a security fence.	17771

(b) It provides twenty-four-hour care, supervision, and	17772
programs for felony delinquents who are in residence.	17773

(17) "Category one offense" and "category two offense" have	17774
the same meanings as in section 2151.26 of the Revised Code.	17775

(18) "Disciplinary time" means additional time that the	17776
department of youth services requires a felony delinquent to serve	17777
in an institution, that delays the felony delinquent's planned	17778
release, and that the department imposes upon the felony	17779
delinquent following the conduct of an internal due process	17780
hearing for having committed any of the following acts while	17781
committed to the department and in the care and custody of an	17782
institution:	17783

(a) An act that if committed by an adult would be a felony;

17784

(b) An act that if committed by an adult would be a	17785
misdemeanor;	17786

(c) An act that is not described in division (A)(18)(a) or	17787
(b) of this section and that violates an institutional rule of	17788
conduct of the department.	17789

(19) "Unruly child" has the same meaning as in section	17790
2151.022 of the Revised Code.	17791

(20) "Revocation" means the act of revoking a child's	17792
supervised release for a violation of a term or condition of the	17793
child's supervised release in accordance with section 5139.52 of	17794
the Revised Code.	17795

(21) "Release authority" means the release authority of the	17796
department of youth services that is established by section	17797
5139.50 of the Revised Code.	17798

(22) "Supervised release" means the event of the release of a	17799
child under this chapter from an institution and the period after	17800
that release during which the child is supervised and assisted by	17801
an employee of the department of youth services under specific	17802
terms and conditions for reintegration of the child into the	17803
community.	17804

(23) "Victim" means the person identified in a police report,	17805
complaint, or information as the victim of an act that would have	17806
been a criminal offense if committed by an adult and that provided	17807
the basis for adjudication proceedings resulting in a child's	17808
commitment to the legal custody of the department of youth	17809
services.	17810

(24) "Victim's representative" means a member of the victim's	17811
family or another person whom the victim or another authorized	17812
person designates in writing, pursuant to section 5139.56 of the	17813
Revised Code, to represent the victim with respect to proceedings	17814
of the release authority of the department of youth services and	17815
with respect to other matters specified in that section.	17816

(25) "Member of the victim's family" means a spouse, child,	17817
stepchild, sibling, parent, stepparent, grandparent, other	17818
relative, or legal guardian of a child but does not include a	17819
person charged with, convicted of, or adjudicated a delinquent	17820
child for committing a criminal or delinquent act against the	17821
victim or another criminal or delinquent act arising out of the	17822
same conduct, criminal or delinquent episode, or plan as the	17823
criminal or delinquent act committed against the victim.	17824

(26) "Judicial release to court supervision" means a release	17825
of a child from institutional care or institutional care in a	17826
secure facility that is granted by a court pursuant to division	17827
(B) of section 2152.22 of the Revised Code during the period	17828
specified in that division or that is granted by a court to court	17829
supervision pursuant to division (D) of that section during the	17830
period specified in that division.	17831

(27) "Judicial release to department of youth services	17832
supervision" means a release of a child from institutional care or	17833
institutional care in a secure facility that is granted by a court	17834
pursuant to division (C) of section 2152.22 of the Revised Code	17835
during the period specified in that division or that is granted to	17836
department supervision by a court pursuant to division (D) of that	17837
section during the period specified in that division.	17838

(28) "Juvenile justice system" includes all of the functions	17839
of the juvenile courts, the department of youth services, any	17840
public or private agency whose purposes include the prevention of	17841
delinquency or the diversion, adjudication, detention, or	17842
rehabilitation of delinquent children, and any of the functions of	17843
the criminal justice system that are applicable to children.	17844

(29) "Metropolitan county criminal justice services agency"	17845
means an agency that is established pursuant to division (A) of	17846
section 5502.64 of the Revised Code.	17847

(30) "Administrative planning district" means a district that	17848
is established pursuant to division (A) or (B) of section 5502.66	17849
of the Revised Code.	17850

(31) "Criminal justice coordinating council" means a criminal	17851
justice services agency that is established pursuant to division	17852
(D) of section 5502.66 of the Revised Code.	17853

(32) "Comprehensive plan" means a document that coordinates,	17854
evaluates, and otherwise assists, on an annual or multi-year	17855
basis, all of the functions of the juvenile justice systems of the	17856
state or a specified area of the state, that conforms to the	17857
priorities of the state with respect to juvenile justice systems,	17858
and that conforms with the requirements of all federal criminal	17859
justice acts. These functions include, but are not limited to, all	17860
of the following:	17861

(a) Delinquency;

17862

(b) Identification, detection, apprehension, and detention of	17863
persons charged with delinquent acts;	17864

(c) Assistance to crime victims or witnesses, except that the	17865
comprehensive plan does not include the functions of the attorney	17866
general pursuant to sections 109.91 and 109.92 of the Revised	17867
Code;	17868

(d) Adjudication or diversion of persons charged with	17869
delinquent acts;	17870

(e) Custodial treatment of delinquent children;

17871

(f) Institutional and noninstitutional rehabilitation of	17872
delinquent children.	17873

(B) There is hereby created the department of youth services.	17874
The governor shall appoint the director of the department with the	17875
advice and consent of the senate. The director shall hold office	17876
during the term of the appointing governor but subject to removal	17877
at the pleasure of the governor. Except as otherwise authorized in	17878
section 108.05 of the Revised Code, the director shall devote the	17879
director's entire time to the duties of the director's office and	17880
shall hold no other office or position of trust or profit during	17881
the director's term of office.	17882

The director is the chief executive and administrative	17883
officer of the department and has all the powers of a department	17884
head set forth in Chapter 121. of the Revised Code. The director	17885
may adopt rules for the government of the department, the conduct	17886
of its officers and employees, the performance of its business,	17887
and the custody, use, and preservation of the department's	17888
records, papers, books, documents, and property. The director	17889
shall be an appointing authority within the meaning of Chapter	17890
124. of the Revised Code. Whenever this or any other chapter or	17891
section of the Revised Code imposes a duty on or requires an	17892
action of the department, the duty or action shall be performed by	17893
the director or, upon the director's order, in the name of the	17894
department.	17895

Sec. 5139.06.  (A) When a child has been committed to the	17896
department of youth services, the department shall do both of the	17897
following:	17898

(1) Place the child in an appropriate institution under the	17899
condition that it considers best designed for the training and	17900
rehabilitation of the child and the protection of the public,	17901
provided that the institutional placement shall be consistent with	17902
the order committing the child to its custody;	17903

(2) Maintain the child in institutional care or institutional	17904
care in a secure facility for the required period of	17905
institutionalization in a manner consistent with division (A)(1)	17906
of section 2152.16 and divisions (A) to (F) of section 2152.17 of	17907
the Revised Code, whichever are applicable, and with section	17908
5139.38 or division (B) or, (C), or (D) of section 2152.22 of the	17909
Revised Code.	17910

(B) When a child has been committed to the department of	17911
youth services and has not been institutionalized or	17912
institutionalized in a secure facility for the prescribed minimum	17913
period of time, including, but not limited to, a prescribed period	17914
of time under division (A)(1)(a) of section 2152.16 of the Revised	17915
Code, the department, the child, or the child's parent may request	17916
the court that committed the child to order a judicial release to	17917
court supervision or a judicial release to department of youth	17918
services supervision in accordance with division (B) or, (C), or	17919
(D) of section 2152.22 of the Revised Code, and the child may be	17920
released from institutionalization or institutionalization in a	17921
secure facility in accordance with the applicable division. A	17922
child in those circumstances shall not be released from	17923
institutionalization or institutionalization in a secure facility	17924
except in accordance with section 2152.22 or 5139.38 of the	17925
Revised Code. When a child is released pursuant to a judicial	17926
release to court supervision under division (B) or (D) of section	17927
2152.22 of the Revised Code, the department shall comply with	17928
division (B)(3) of that section and, if the court requests, shall	17929
send the committing court a report on the child's progress in the	17930
institution and recommendations for conditions of supervision by	17931
the court after release. When a child is released pursuant to a	17932
judicial release to department of youth services supervision under	17933
division (C) or (D) of section 2152.22 of the Revised Code, the	17934
department shall comply with division (C)(3) of that section	17935
relative to the child and shall send the committing court and the	17936
juvenile court of the county in which the child is placed a copy	17937
of the treatment and rehabilitation plan described in that	17938
division and the conditions that it fixed. The court of the county	17939
in which the child is placed may adopt the conditions as an order	17940
of the court and may add any additional consistent conditions it	17941
considers appropriate, provided that the court may not add any	17942
condition that decreases the level or degree of supervision	17943
specified by the department in its plan, that substantially	17944
increases the financial burden of supervision that will be	17945
experienced by the department, or that alters the placement	17946
specified by the department in its plan. Any violations of the	17947
conditions of the child's judicial release or early release shall	17948
be handled pursuant to division (D)(E) of section 2152.22 of the	17949
Revised Code.	17950

(C) When a child has been committed to the department of	17951
youth services, the department may do any of the following:	17952

(1) Notwithstanding the provisions of this chapter, Chapter	17953
2151., or Chapter 2152. of the Revised Code that prescribe	17954
required periods of institutionalization, transfer the child to	17955
any other state institution, whenever it appears that the child by	17956
reason of mental illness, mental retardation, or other	17957
developmental disability ought to be in another state institution.	17958
Before transferring a child to any other state institution, the	17959
department shall include in the minutes a record of the order of	17960
transfer and the reason for the transfer and, at least seven days	17961
prior to the transfer, shall send a certified copy of the order to	17962
the person shown by its record to have had the care or custody of	17963
the child immediately prior to the child's commitment. Except as	17964
provided in division (C)(2) of this section, no person shall be	17965
transferred from a benevolent institution to a correctional	17966
institution or to a facility or institution operated by the	17967
department of youth services.	17968

(2) Notwithstanding the provisions of this chapter, Chapter	17969
2151., or Chapter 2152. of the Revised Code that prescribe	17970
required periods of institutionalization, transfer the child under	17971
section 5120.162 of the Revised Code to a correctional medical	17972
center established by the department of rehabilitation and	17973
correction, whenever the child has an illness, physical condition,	17974
or other medical problem and it appears that the child would	17975
benefit from diagnosis or treatment at the center for that	17976
illness, condition, or problem. Before transferring a child to a	17977
center, the department of youth services shall include in the	17978
minutes a record of the order of transfer and the reason for the	17979
transfer and, except in emergency situations, at least seven days	17980
prior to the transfer, shall send a certified copy of the order to	17981
the person shown by its records to have had the care or custody of	17982
the child immediately prior to the child's commitment. If the	17983
transfer of the child occurs in an emergency situation, as soon as	17984
possible after the decision is made to make the transfer, the	17985
department of youth services shall send a certified copy of the	17986
order to the person shown by its records to have had the care or	17987
custody of the child immediately prior to the child's commitment.	17988
A transfer under this division shall be in accordance with the	17989
terms of the agreement the department of youth services enters	17990
into with the department of rehabilitation and correction under	17991
section 5120.162 of the Revised Code and shall continue only as	17992
long as the child reasonably appears to receive benefit from	17993
diagnosis or treatment at the center for an illness, physical	17994
condition, or other medical problem.	17995

(3) Revoke or modify any order of the department except an	17996
order of discharge as often as conditions indicate it to be	17997
desirable;	17998

(4) If the child was committed pursuant to division	17999
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code	18000
and has been institutionalized or institutionalized in a secure	18001
facility for the prescribed minimum periods of time under those	18002
divisionsthe division pursuant to which the commitment was made,	18003
assign the child to a family home, a group care facility, or other	18004
place maintained under public or private auspices, within or	18005
without this state, for necessary treatment and rehabilitation,	18006
the costs of which may be paid by the department, provided that	18007
the department shall notify the committing court, in writing, of	18008
the place and terms of the assignment at least fifteen days prior	18009
to the scheduled date of the assignment;	18010

(5) Release the child from an institution in accordance with	18011
sections 5139.51 to 5139.54 of the Revised Code in the	18012
circumstances described in those sections.	18013

(D) The department of youth services shall notify the	18014
committing court of any order transferring the physical location	18015
of any child committed to it in accordance with section 5139.35 of	18016
the Revised Code. Upon the discharge from its custody and control,	18017
the department may petition the court for an order terminating its	18018
custody and control.	18019

Sec. 5139.18.  (A) Except with respect to children who are	18020
granted a judicial release to court supervision pursuant to	18021
division (B) or (D) of section 2152.22 of the Revised Code, the	18022
department of youth services is responsible for locating homes or	18023
jobs for children released from its institutions, for supervision	18024
of children released from its institutions, and for providing or	18025
arranging for the provision to those children of appropriate	18026
services that are required to facilitate their satisfactory	18027
community adjustment. Regional administrators through their staff	18028
of parole officers shall supervise children paroled or released to	18029
community supervision in a manner that insures as nearly as	18030
possible the children's rehabilitation and that provides maximum	18031
protection to the general public.	18032

(B) The department of youth services shall exercise general	18033
supervision over all children who have been released on placement	18034
from any of its institutions other than children who are granted a	18035
judicial release to court supervision pursuant to division (B) or	18036
(D) of section 2152.22 of the Revised Code. The director of youth	18037
services, with the consent and approval of the board of county	18038
commissioners of any county, may contract with the public children	18039
services agency of that county, the department of probation of	18040
that county established pursuant to section 2301.27 of the Revised	18041
Code, or the probation department or service established pursuant	18042
to sections 2151.01 to 2151.54 of the Revised Code for the	18043
provision of direct supervision and control over and the provision	18044
of supportive assistance to all children who have been released on	18045
placement into that county from any of its institutions, or, with	18046
the consent of the juvenile judge or the administrative judge of	18047
the juvenile court of any county, contract with any other public	18048
agency, institution, or organization that is qualified to provide	18049
the care and supervision that is required under the terms and	18050
conditions of the child's treatment plan for the provision of	18051
direct supervision and control over and the provision of	18052
supportive assistance to all children who have been released on	18053
placement into that county from any of its institutions.	18054

(C) A juvenile parole officer shall furnish to a child placed	18055
on community control under the parole officer's supervision a	18056
statement of the conditions of parole and shall instruct the child	18057
regarding them. The parole officer shall keep informed concerning	18058
the conduct and condition of a child under the parole officer's	18059
supervision and shall report on the child's conduct to the judge	18060
as the judge directs. A parole officer shall use all suitable	18061
methods to aid a child on community control and to improve the	18062
child's conduct and condition. A parole officer shall keep full	18063
and accurate records of work done for children under the parole	18064
officer's supervision.	18065

(D) In accordance with division (D) of section 2151.14 of the	18066
Revised Code, a court may issue an order requiring boards of	18067
education, governing bodies of chartered nonpublic schools, public	18068
children services agencies, private child placing agencies,	18069
probation departments, law enforcement agencies, and prosecuting	18070
attorneys that have records related to the child in question to	18071
provide copies of one or more specified records, or specified	18072
information in one or more specified records, that the individual	18073
or entity has with respect to the child to the department of youth	18074
services when the department has custody of the child or is	18075
performing any services for the child that are required by the	18076
juvenile court or by statute, and the department requests the	18077
records in accordance with division (D)(3)(a) of section 2151.14	18078
of the Revised Code.	18079

(E) Whenever any placement official has reasonable cause to	18080
believe that any child released by a court pursuant to section	18081
2152.22 of the Revised Code has violated the conditions of the	18082
child's placement, the official may request, in writing, from the	18083
committing court or transferee court a custodial order, and, upon	18084
reasonable and probable cause, the court may order any sheriff,	18085
deputy sheriff, constable, or police officer to apprehend the	18086
child. A child so apprehended may be confined in the detention	18087
facility of the county in which the child is apprehended until	18088
further order of the court. If a child who was released on	18089
supervised release by the release authority of the department of	18090
youth services or a child who was granted a judicial release to	18091
department of youth services supervision violates the conditions	18092
of the supervised release or judicial release, section 5139.52 of	18093
the Revised Code applies with respect to that child.	18094

Sec. 5139.20.  (A) Notwithstanding any other provision of the	18095
Revised Code that sets forth the minimum periods or period for	18096
which a child committed to the department of youth services is to	18097
be institutionalized or institutionalized in a secure facility or	18098
the procedures for the judicial release to court supervision or	18099
judicial release to department of youth services supervision, the	18100
department may grant emergency releases to children confined in	18101
state juvenile institutions if the governor, upon request of the	18102
director of the department authorizes the director, in writing, to	18103
issue a declaration that an emergency overcrowding condition	18104
exists in all of the institutions in which males are confined, or	18105
in all of the institutions in which females are confined, that are	18106
under the control of the department. If the governor authorizes	18107
the issuance of a declaration, the director may issue the	18108
declaration. If the director issues the declaration, the director	18109
shall file a copy of it with the secretary of state, which copy	18110
shall be a public record. Upon the filing of the copy, the	18111
department is authorized to grant emergency releases to children	18112
within its custody subject to division (B) of this section. The	18113
authority to grant the emergency releases shall continue until the	18114
expiration of thirty days from the day on which the declaration	18115
was filed. The director shall not issue a declaration that an	18116
emergency overcrowding condition exists unless the director	18117
determines that no other method of alleviating the overcrowding	18118
condition is available.	18119

(B)(1) If the department is authorized under division (A) of	18120
this section to grant emergency releases to children within its	18121
custody, the department shall determine which, if any, children to	18122
release under that authority only in accordance with this division	18123
and divisions (C), (D), and (E) of this section. The department,	18124
in determining which, if any, children to release, initially shall	18125
classify each child within its custody according to the degree of	18126
offense that the act for which the child is serving the period of	18127
institutionalization would have been if committed by an adult. The	18128
department then shall scrutinize individual children for emergency	18129
release, based upon their degree of offense, in accordance with	18130
the categories and the order of consideration set forth in	18131
division (B)(2) of this section. After scrutiny of all children	18132
within the particular category under consideration, the department	18133
shall designate individual children within that category to whom	18134
it wishes to grant an emergency release.	18135

(2) The categories of children in the custody of the	18136
department that may be considered for emergency release under this	18137
section, and the order in which the categories shall be	18138
considered, are as follows:	18139

(a) Initially, only children who are not serving a period of	18140
institutionalization for an act that would have been aggravated	18141
murder, murder, or a felony of the first, second, third, or fourth	18142
degree if committed by an adult or for an act that was committed	18143
before July 1, 1996, and that would have been an aggravated felony	18144
of the first, second, or third degree if committed by an adult may	18145
be considered.	18146

(b) When all children in the category described in division	18147
(B)(2)(a) of this section have been scrutinized and all children	18148
in that category who have been designated for emergency release	18149
under division (B)(1) of this section have been so released, then	18150
all children who are not serving a period of institutionalization	18151
for an act that would have been aggravated murder, murder, or a	18152
felony of the first or second degree if committed by an adult or	18153
for an act that was committed before July 1, 1996, and that would	18154
have been an aggravated felony of the first or second degree if	18155
committed by an adult may be considered.	18156

(c) When all children in the categories described in	18157
divisions (B)(2)(a) and (b) of this section have been scrutinized	18158
and all children in those categories who have been designated for	18159
emergency release under division (B)(1) of this section have been	18160
released, then all children who are not serving a term of	18161
institutionalization for an act that would have been aggravated	18162
murder, murder, or a felony of the first degree if committed by an	18163
adult or for an act that was committed before July 1, 1996, and	18164
that would have been an aggravated felony of the first or second	18165
degree if committed by an adult may be considered.	18166

(d) In no case shall the department consider for emergency	18167
release any child who is serving a term of institutionalization	18168
for an act that would have been aggravated murder, murder, or a	18169
felony of the first degree if committed by an adult or for an act	18170
that was committed before July 1, 1996, and that would have been	18171
an aggravated felony of the first degree if committed by an adult,	18172
and in no case shall the department grant an emergency release to	18173
any such child pursuant to this section.	18174

(C) An emergency release granted pursuant to this section	18175
shall consist of one of the following:	18176

(1) A supervised release under terms and conditions that the	18177
department believes conducive to law-abiding conduct;	18178

(2) A discharge of the child from the custody and control of	18179
the department if the department is satisfied that the discharge	18180
is consistent with the welfare of the individual and protection of	18181
the public;	18182

(3) An assignment to a family home, a group care facility, or	18183
other place maintained under public or private auspices, within or	18184
without this state, for necessary treatment or rehabilitation, the	18185
costs of which may be paid by the department.	18186

(D) If a child is granted an emergency release pursuant to	18187
this section, the child thereafter shall be considered to have	18188
been institutionalized or institutionalized in a secure facility	18189
for the prescribed minimum period of time under division	18190
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	18191
Code, or divisionsall definite periods of commitment imposed	18192
under division (A) and, (B), (C), or (D) of section 2152.17 of the	18193
Revised Code plus the prescribed minimum period of time imposed	18194
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of	18195
the Revised Code, whichever is applicable. The department shall	18196
retain legal custody of a child so released until it discharges	18197
the child or until its custody is terminated as otherwise provided	18198
by law.	18199

(E)(1) If a child is granted an emergency release so that the	18200
child is released on supervised release or assigned to a family	18201
home, group care facility, or other place for treatment or	18202
rehabilitation, the department shall prepare a written treatment	18203
and rehabilitation plan for the child in accordance with division	18204
(E)(F) of section 2152.22 of the Revised Code, which shall include	18205
the conditions of the child's release or assignment, and shall	18206
send the committing court and the juvenile court of the county in	18207
which the child is placed a copy of the plan and the conditions	18208
that it fixed. The court of the county in which the child is	18209
placed may adopt the conditions as an order of the court and may	18210
add any additional consistent conditions it considers appropriate.	18211
If a child is released on supervised release or is assigned	18212
subject to specified conditions and the court of the county in	18213
which the child is placed has reason to believe that the child's	18214
deportment is not in accordance with any post-release conditions	18215
established by the court in its journal entry, the court of the	18216
county in which the child is placed, in its discretion, may	18217
schedule a time for a hearing on whether the child violated any of	18218
the post-release conditions. If that court conducts a hearing and	18219
determines at the hearing that the child violated any of the	18220
post-release conditions established in its journal entry, the	18221
court, if it determines that the violation of the conditions was a	18222
serious violation, may order the child to be returned to the	18223
department of youth services for institutionalization or, in any	18224
case, may make any other disposition of the child authorized by	18225
law that the court considers proper. If the court of the county in	18226
which the child is placed orders the child to be returned to a	18227
department of youth services institution, the child shall remain	18228
institutionalized for a minimum period of three months.	18229

(2) The department also shall file a written progress report	18230
with the committing court regarding each child granted an	18231
emergency release pursuant to this section at least once every	18232
thirty days unless specifically directed otherwise by the court.	18233
The report shall include the information required of reports	18234
described in division (F)(G) of section 2152.22 of the Revised	18235
Code.	18236

Sec. 5139.43.  (A) The department of youth services shall	18237
operate a felony delinquent care and custody program that shall be	18238
operated in accordance with the formula developed pursuant to	18239
section 5139.41 of the Revised Code, subject to the conditions	18240
specified in this section.	18241

(B)(1) Each juvenile court shall use the moneys disbursed to	18242
it by the department of youth services pursuant to division (B) of	18243
section 5139.41 of the Revised Code in accordance with the	18244
applicable provisions of division (B)(2) of this section and shall	18245
transmit the moneys to the county treasurer for deposit in	18246
accordance with this division. The county treasurer shall create	18247
in the county treasury a fund that shall be known as the felony	18248
delinquent care and custody fund and shall deposit in that fund	18249
the moneys disbursed to the juvenile court pursuant to division	18250
(B) of section 5139.41 of the Revised Code. The county treasurer	18251
also shall deposit into that fund the state subsidy funds granted	18252
to the county pursuant to section 5139.34 of the Revised Code. The	18253
moneys disbursed to the juvenile court pursuant to division (B) of	18254
section 5139.41 of the Revised Code and deposited pursuant to this	18255
division in the felony delinquent care and custody fund shall not	18256
be commingled with any other county funds except state subsidy	18257
funds granted to the county pursuant to section 5139.34 of the	18258
Revised Code; shall not be used for any capital construction	18259
projects; upon an order of the juvenile court and subject to	18260
appropriation by the board of county commissioners, shall be	18261
disbursed to the juvenile court for use in accordance with the	18262
applicable provisions of division (B)(2) of this section; shall	18263
not revert to the county general fund at the end of any fiscal	18264
year; and shall carry over in the felony delinquent care and	18265
custody fund from the end of any fiscal year to the next fiscal	18266
year. The maximum balance carry-over at the end of each respective	18267
fiscal year in the felony delinquent care and custody fund in any	18268
county from funds allocated to the county pursuant to sections	18269
5139.34 and 5139.41 of the Revised Code in the previous fiscal	18270
year shall not exceed an amount to be calculated as provided in	18271
the formula set forth in this division, unless that county has	18272
applied for and been granted an exemption by the director of youth	18273
services. Beginning June 30, 2008, the maximum balance carry-over	18274
at the end of each respective fiscal year shall be determined by	18275
the following formula: for fiscal year 2008, the maximum balance	18276
carry-over shall be one hundred per cent of the allocation for	18277
fiscal year 2007, to be applied in determining the fiscal year	18278
2009 allocation; for fiscal year 2009, it shall be fifty per cent	18279
of the allocation for fiscal year 2008, to be applied in	18280
determining the fiscal year 2010 allocation; for fiscal year 2010,	18281
it shall be twenty-five per cent of the allocation for fiscal year	18282
2009, to be applied in determining the fiscal year 2011	18283
allocation; and for each fiscal year subsequent to fiscal year	18284
2010, it shall be twenty-five per cent of the allocation for the	18285
immediately preceding fiscal year, to be applied in determining	18286
the allocation for the next immediate fiscal year. The department	18287
shall withhold from future payments to a county an amount equal to	18288
any moneys in the felony delinquent care and custody fund of the	18289
county that exceed the total maximum balance carry-over that	18290
applies for that county for the fiscal year in which the payments	18291
are being made and shall reallocate the withheld amount. The	18292
department shall adopt rules for the withholding and reallocation	18293
of moneys disbursed under sections 5139.34 and 5139.41 of the	18294
Revised Code and for the criteria and process for a county to	18295
obtain an exemption from the withholding requirement. The moneys	18296
disbursed to the juvenile court pursuant to division (B) of	18297
section 5139.41 of the Revised Code and deposited pursuant to this	18298
division in the felony delinquent care and custody fund shall be	18299
in addition to, and shall not be used to reduce, any usual annual	18300
increase in county funding that the juvenile court is eligible to	18301
receive or the current level of county funding of the juvenile	18302
court and of any programs or services for delinquent children,	18303
unruly children, or juvenile traffic offenders.	18304

(2)(a) A county and the juvenile court that serves the county	18305
shall use the moneys in its felony delinquent care and custody	18306
fund in accordance with rules that the department of youth	18307
services adopts pursuant to division (D) of section 5139.04 of the	18308
Revised Code and as follows:	18309

(i) The moneys in the fund that represent state subsidy funds	18310
granted to the county pursuant to section 5139.34 of the Revised	18311
Code shall be used to aid in the support of prevention, early	18312
intervention, diversion, treatment, and rehabilitation programs	18313
that are provided for alleged or adjudicated unruly children or	18314
delinquent children or for children who are at risk of becoming	18315
unruly children or delinquent children. The county shall not use	18316
for capital improvements more than fifteen per cent of the moneys	18317
in the fund that represent the applicable annual grant of those	18318
state subsidy funds.	18319

(ii) The moneys in the fund that were disbursed to the	18320
juvenile court pursuant to division (B) of section 5139.41 of the	18321
Revised Code and deposited pursuant to division (B)(1) of this	18322
section in the fund shall be used to provide programs and services	18323
for the training, treatment, or rehabilitation of felony	18324
delinquents that are alternatives to their commitment to the	18325
department, including, but not limited to, community residential	18326
programs, day treatment centers, services within the home, and	18327
electronic monitoring, and shall be used in connection with	18328
training, treatment, rehabilitation, early intervention, or other	18329
programs or services for any delinquent child, unruly child, or	18330
juvenile traffic offender who is under the jurisdiction of the	18331
juvenile court.	18332

The fund also may be used for prevention, early intervention,	18333
diversion, treatment, and rehabilitation programs that are	18334
provided for alleged or adjudicated unruly children, delinquent	18335
children, or juvenile traffic offenders or for children who are at	18336
risk of becoming unruly children, delinquent children, or juvenile	18337
traffic offenders. Consistent with division (B)(1) of this	18338
section, a county and the juvenile court of a county shall not use	18339
any of those moneys for capital construction projects.	18340

(iii) Moneys in the fund shall not be used to support	18341
programs or services that do not comply with federal juvenile	18342
justice and delinquency prevention core requirements or to support	18343
programs or services that research has shown to be ineffective.	18344
Research-supported, outcome-based programs and services, to the	18345
extent they are available, shall be encouraged.	18346

(iv) The county and the juvenile court that serves the county	18347
may use moneys in the fund to provide out-of-home placement of	18348
children only in detention centers, community rehabilitation	18349
centers, or community corrections facilities approved by the	18350
department pursuant to standards adopted by the department,	18351
licensed by an authorized state agency, or accredited by the	18352
American correctional association or another national organization	18353
recognized by the department.	18354

(b) Each juvenile court shall comply with division (B)(3)(d)	18355
of this section as implemented by the department. If a juvenile	18356
court fails to comply with division (B)(3)(d) of this section, the	18357
department shall not be required to make any disbursements in	18358
accordance with division (C) or (D) of section 5139.41 or division	18359
(C)(2) of section 5139.34 of the Revised Code.	18360

(3) In accordance with rules adopted by the department	18361
pursuant to division (D) of section 5139.04 of the Revised Code,	18362
each juvenile court and the county served by that juvenile court	18363
shall do all of the following that apply:	18364

(a) The juvenile court shall prepare an annual grant	18365
agreement and application for funding that satisfies the	18366
requirements of this section and section 5139.34 of the Revised	18367
Code and that pertains to the use, upon an order of the juvenile	18368
court and subject to appropriation by the board of county	18369
commissioners, of the moneys in its felony delinquent care and	18370
custody fund for specified programs, care, and services as	18371
described in division (B)(2)(a) of this section, shall submit that	18372
agreement and application to the county family and children first	18373
council, the regional family and children first council, or the	18374
local intersystem services to children cluster as described in	18375
sections 121.37 and 121.38 of the Revised Code, whichever is	18376
applicable, and shall file that agreement and application with the	18377
department for its approval. The annual grant agreement and	18378
application for funding shall include a method of ensuring equal	18379
access for minority youth to the programs, care, and services	18380
specified in it.	18381

The department may approve an annual grant agreement and	18382
application for funding only if the juvenile court involved has	18383
complied with the preparation, submission, and filing requirements	18384
described in division (B)(3)(a) of this section. If the juvenile	18385
court complies with those requirements and the department approves	18386
that agreement and application, the juvenile court and the county	18387
served by the juvenile court may expend the state subsidy funds	18388
granted to the county pursuant to section 5139.34 of the Revised	18389
Code only in accordance with division (B)(2)(a) of this section,	18390
the rules pertaining to state subsidy funds that the department	18391
adopts pursuant to division (D) of section 5139.04 of the Revised	18392
Code, and the approved agreement and application.	18393

(b) By the thirty-first day of August of each year, the	18394
juvenile court shall file with the department a report that	18395
contains all of the statistical and other information for each	18396
month of the prior state fiscal year. If the juvenile court fails	18397
to file the report required by division (B)(3)(b) of this section	18398
by the thirty-first day of August of any year, the department	18399
shall not disburse any payment of state subsidy funds to which the	18400
county otherwise is entitled pursuant to section 5139.34 of the	18401
Revised Code and shall not disburse pursuant to division (B) of	18402
section 5139.41 of the Revised Code the applicable allocation	18403
until the juvenile court fully complies with division (B)(3)(b) of	18404
this section.	18405

(c) If the department requires the juvenile court to prepare	18406
monthly statistical reports and to submit the reports on forms	18407
provided by the department, the juvenile court shall file those	18408
reports with the department on the forms so provided. If the	18409
juvenile court fails to prepare and submit those monthly	18410
statistical reports within the department's timelines, the	18411
department shall not disburse any payment of state subsidy funds	18412
to which the county otherwise is entitled pursuant to section	18413
5139.34 of the Revised Code and shall not disburse pursuant to	18414
division (B) of section 5139.41 of the Revised Code the applicable	18415
allocation until the juvenile court fully complies with division	18416
(B)(3)(c) of this section. If the juvenile court fails to prepare	18417
and submit those monthly statistical reports within one hundred	18418
eighty days of the date the department establishes for their	18419
submission, the department shall not disburse any payment of state	18420
subsidy funds to which the county otherwise is entitled pursuant	18421
to section 5139.34 of the Revised Code and shall not disburse	18422
pursuant to division (B) of section 5139.41 of the Revised Code	18423
the applicable allocation, and the state subsidy funds and the	18424
remainder of the applicable allocation shall revert to the	18425
department. If a juvenile court states in a monthly statistical	18426
report that the juvenile court adjudicated within a state fiscal	18427
year five hundred or more children to be delinquent children for	18428
committing acts that would be felonies if committed by adults and	18429
if the department determines that the data in the report may be	18430
inaccurate, the juvenile court shall have an independent auditor	18431
or other qualified entity certify the accuracy of the data on a	18432
date determined by the department.	18433

(d) If the department requires the juvenile court and the	18434
county to participate in a fiscal monitoring program or another	18435
monitoring program that is conducted by the department to ensure	18436
compliance by the juvenile court and the county with division (B)	18437
of this section, the juvenile court and the county shall	18438
participate in the program and fully comply with any guidelines	18439
for the performance of audits adopted by the department pursuant	18440
to that program and all requests made by the department pursuant	18441
to that program for information necessary to reconcile fiscal	18442
accounting. If an audit that is performed pursuant to a fiscal	18443
monitoring program or another monitoring program described in this	18444
division determines that the juvenile court or the county used	18445
moneys in the county's felony delinquent care and custody fund for	18446
expenses that are not authorized under division (B) of this	18447
section, within forty-five days after the department notifies the	18448
county of the unauthorized expenditures, the county either shall	18449
repay the amount of the unauthorized expenditures from the county	18450
general revenue fund to the state's general revenue fund or shall	18451
file a written appeal with the department. If an appeal is timely	18452
filed, the director of the department shall render a decision on	18453
the appeal and shall notify the appellant county or its juvenile	18454
court of that decision within forty-five days after the date that	18455
the appeal is filed. If the director denies an appeal, the	18456
county's fiscal agent shall repay the amount of the unauthorized	18457
expenditures from the county general revenue fund to the state's	18458
general revenue fund within thirty days after receiving the	18459
director's notification of the appeal decision.	18460

(C) The determination of which county a reduction of the care	18461
and custody allocation will be charged against for a particular	18462
youth shall be made as outlined below for all youths who do not	18463
qualify as public safety beds. The determination of which county a	18464
reduction of the care and custody allocation will be charged	18465
against shall be made as follows until each youth is released:	18466

(1) In the event of a commitment, the reduction shall be	18467
charged against the committing county.	18468

(2) In the event of a recommitment, the reduction shall be	18469
charged against the original committing county until the	18470
expiration of the minimum period of institutionalization under the	18471
original order of commitment or until the date on which the youth	18472
is admitted to the department of youth services pursuant to the	18473
order of recommitment, whichever is later. Reductions of the	18474
allocation shall be charged against the county that recommitted	18475
the youth after the minimum expiration date of the original	18476
commitment.	18477

(3) In the event of a revocation of a release on parole, the	18478
reduction shall be charged against the county that revokes the	18479
youth's parole.	18480

(D) A juvenile court is not precluded by its allocation	18481
amount for the care and custody of felony delinquents from	18482
committing a felony delinquent to the department of youth services	18483
for care and custody in an institution or a community corrections	18484
facility when the juvenile court determines that the commitment is	18485
appropriate.	18486

Sec. 5139.52.  (A) At any time during a child's supervised	18487
release or during the period of a child's judicial release to	18488
department of youth services supervision, if the regional	18489
administrator or the employee of the department assigned to	18490
supervise and assist the child has reasonable grounds to believe	18491
that the child has violated a term or condition of the supervised	18492
release or judicial release, the administrator or employee may	18493
request a court to issue a summons that requires the child to	18494
appear for a hearing to answer charges of the alleged violation.	18495
The summons shall contain a brief statement of the alleged	18496
violation, including the date and place of the violation, and	18497
shall require the child to appear for a hearing before the court	18498
at a specific date, time, and place.	18499

(B)(1) At any time while a child is on supervised release or	18500
during the period of a child's judicial release to department of	18501
youth services supervision, a regional administrator or a designee	18502
of a regional administrator, upon application of the employee of	18503
the department assigned to supervise and assist the child as	18504
described in this division, may issue, or cause to be issued, an	18505
order of apprehension for the arrest of the child for the alleged	18506
violation of a term or condition of the child's supervised release	18507
or judicial release. An application requesting an order of	18508
apprehension shall set forth that, in the good faith judgment of	18509
the employee of the department assigned to supervise and assist	18510
the child making the application, there is reasonable cause to	18511
believe that the child who is on supervised release or judicial	18512
release to department of youth services supervision has violated	18513
or is violating a term or condition of the child's supervised	18514
release or judicial release, shall state the basis for that	18515
belief, and shall request that the child be taken to an	18516
appropriate place of secure detention pending a probable cause	18517
determination. As an alternative to an order of apprehension for	18518
the child, a regional administrator or the employee of the	18519
department assigned to supervise and assist the child may request	18520
a court to issue a warrant for the arrest of the child.	18521

Subject to the provision of prior notice required by division	18522
(D)(1) of this section, if a regional administrator or a designee	18523
of a regional administrator issues, in writing, an order of	18524
apprehension for the arrest of a child, a staff member of the	18525
department of youth services who has been designated pursuant to	18526
division (A)(1) of section 5139.53 of the Revised Code as being	18527
authorized to arrest and who has received the training described	18528
in division (B)(1) of that section, or a peace officer, as defined	18529
in section 2935.01 of the Revised Code, may arrest the child,	18530
without a warrant, and place the child in secure detention in	18531
accordance with this section.	18532

If a child is on supervised release or judicial release to	18533
department of youth services supervision, any peace officer, as	18534
defined in section 2935.01 of the Revised Code, may arrest the	18535
child without a warrant or order of apprehension if the peace	18536
officer has reasonable grounds to believe that the child has	18537
violated or is violating any of the following that has been	18538
prescribed by the release authority or department of youth	18539
services relative to the child:	18540

(a) A condition that prohibits the child's ownership,	18541
possession, or use of a firearm, deadly weapon, ammunition, or	18542
dangerous ordnance, all as defined in section 2923.11 of the	18543
Revised Code;	18544

(b) A condition that prohibits the child from being within a	18545
specified structure or geographic area;	18546

(c) A condition that confines the child to a residence,	18547
facility, or other structure;	18548

(d) A condition that prohibits the child from contacting or	18549
communicating with any specified individual;	18550

(e) A condition that prohibits the child from associating	18551
with a specified individual;	18552

(f) Any other rule, term, or condition governing the conduct	18553
of the child that has been prescribed by the release authority.	18554

(2) Subject to the provision of prior notice required by	18555
division (D)(1) of this section, a staff member of the department	18556
of youth services who is designated by the director pursuant to	18557
division (A)(1) of section 5139.53 of the Revised Code and who has	18558
received the training described in division (B)(1) of that	18559
section, a peace officer, as defined in section 2935.01 of the	18560
Revised Code, or any other officer with the power to arrest may	18561
execute a warrant or order of apprehension issued under division	18562
(B)(1) of this section and take the child into secure custody.	18563

(C) A staff member of the department of youth services who is	18564
designated by the director of youth services pursuant to division	18565
(A)(1) of section 5139.53 of the Revised Code and who has received	18566
the training described in division (B)(1) of that section, a peace	18567
officer, as defined in section 2935.01 of the Revised Code, or any	18568
other officer with the power to arrest may arrest without a	18569
warrant or order of apprehension and take into secure custody a	18570
child in the legal custody of the department, if the staff member,	18571
peace officer, or other officer has reasonable cause to believe	18572
that the child who is on supervised release or judicial release to	18573
department of youth services supervision has violated or is	18574
violating a term or condition of the supervised release or	18575
judicial release in any of the following manners:	18576

(1) The child committed or is committing an offense or	18577
delinquent act in the presence of the staff member, peace officer,	18578
or other officer.	18579

(2) There is probable cause to believe that the child	18580
violated a term or condition of supervised release or judicial	18581
release and that the child is leaving or is about to leave the	18582
state.	18583

(3) The child failed to appear before the release authority	18584
pursuant to a summons for a modification or failed to appear for a	18585
scheduled court hearing.	18586

(4) The arrest of the child is necessary to prevent physical	18587
harm to another person or to the child.	18588

(D)(1) Except as otherwise provided in this division, prior	18589
to arresting a child under this section, either in relation to an	18590
order of apprehension or a warrant for arrest or in any other	18591
manner authorized by this section, a staff member or employee of	18592
the department of youth services shall provide notice of the	18593
anticipated arrest to each county, municipal, or township law	18594
enforcement agency with jurisdiction over the place at which the	18595
staff member or employee anticipates making the arrest. A staff	18596
member or employee is not required to provide the notice described	18597
in this division prior to making an arrest in any emergency	18598
situation or circumstance described under division (C) of this	18599
section.	18600

(2) If a child is arrested under this section and if it is	18601
known that the child is on supervised release or judicial release	18602
to department of youth services supervision, a juvenile court,	18603
local juvenile detention facility, or jail shall notify the	18604
appropriate department of youth services regional office that the	18605
child has been arrested and shall provide to the regional office	18606
or to an employee of the department of youth services a copy of	18607
the arrest information pertaining to the arrest.	18608

(3) Nothing in this section limits the power to make an	18609
arrest that is granted to specified peace officers under section	18610
2935.03 of the Revised Code, to any person under section 2935.04	18611
of the Revised Code, or to any other specified category of persons	18612
by any other provision of the Revised Code, or the power to take a	18613
child into custody that is granted pursuant to section 2151.31 of	18614
the Revised Code.	18615

(E) If a child who is on supervised release or who is under a	18616
period of judicial release to department of youth services	18617
supervision is arrested under an order of apprehension, under a	18618
warrant, or without a warrant as described in division (B)(1),	18619
(B)(2), or (C) of this section and taken into secure custody, all	18620
of the following apply:	18621

(1) If no motion to revoke the child's supervised release or	18622
judicial release has been filed within seventy-two hours after the	18623
child is taken into secure custody, the juvenile court, in making	18624
its determinations at a detention hearing as to whether to hold	18625
the child in secure custody up to seventy-two hours so that a	18626
motion to revoke the child's supervised release or judicial	18627
release may be filed, may consider, in addition to all other	18628
evidence and information considered, the circumstances of the	18629
child's arrest and, if the arrest was pursuant to an order of	18630
apprehension, the order and the application for the order.	18631

(2) If no motion to revoke the child's supervised release or	18632
judicial release has been filed within seventy-two hours after the	18633
child is taken into secure custody and if the child has not	18634
otherwise been released prior to the expiration of that	18635
seventy-two-hour period, the child shall be released upon the	18636
expiration of that seventy-two-hour period.	18637

(3) If the person is eighteen, nineteen, or twenty years of	18638
age, the person may be confined in secure detention in the jail of	18639
the county in which the person is taken into custody. If the	18640
person is under eighteen years of age, the person may be confined	18641
in secure detention in the nearest juvenile detention facility.	18642

(4) If a motion to revoke the child's supervised release or	18643
judicial release is filed after the child has been taken into	18644
secure custody and the court decides at the detention hearing to	18645
release the child from secure custody, the court may release the	18646
child on the same terms and conditions that are currently in	18647
effect regarding the child's supervised release or judicial	18648
release, pending revocation or subsequent modification.	18649

(F) If a child who is on supervised release is arrested under	18650
an order of apprehension, under a warrant, or without a warrant as	18651
described in division (B)(1), (B)(2), or (C) of this section and	18652
taken into secure custody, and if a motion to revoke the child's	18653
supervised release is filed, the juvenile court of the county in	18654
which the child is placed promptly shall schedule a time for a	18655
hearing on whether the child violated any of the terms and	18656
conditions of the supervised release. If a child is released on	18657
supervised release and the juvenile court of the county in which	18658
the child is placed otherwise has reason to believe that the child	18659
has not complied with the terms and conditions of the supervised	18660
release, the court of the county in which the child is placed, in	18661
its discretion, may schedule a time for a hearing on whether the	18662
child violated any of the terms and conditions of the supervised	18663
release. If the court of the county in which the child is placed	18664
on supervised release conducts a hearing and determines at the	18665
hearing that the child did not violate any term or condition of	18666
the child's supervised release, the child shall be released from	18667
custody, if the child is in custody at that time, and shall	18668
continue on supervised release under the terms and conditions that	18669
were in effect at the time of the child's arrest, subject to	18670
subsequent revocation or modification. If the court of the county	18671
in which the child is placed on supervised release conducts a	18672
hearing and determines at the hearing that the child violated one	18673
or more of the terms and conditions of the child's supervised	18674
release, the court, if it determines that the violation was a	18675
serious violation, may revoke the child's supervised release and	18676
order the child to be returned to the department of youth services	18677
for institutionalization or, in any case, may make any other	18678
disposition of the child authorized by law that the court	18679
considers proper. If the court orders the child to be returned to	18680
a department of youth services institution, the child shall remain	18681
institutionalized for a minimum period of thirty days, the	18682
department shall not reduce the minimum thirty-day period of	18683
institutionalization for any time that the child was held in	18684
secure custody subsequent to the child's arrest and pending the	18685
revocation hearing and the child's return to the department, the	18686
release authority, in its discretion, may require the child to	18687
remain in institutionalization for longer than the minimum	18688
thirty-day period, and the child is not eligible for judicial	18689
release or early release during the minimum thirty-day period of	18690
institutionalization or any period of institutionalization in	18691
excess of the minimum thirty-day period.	18692

This division does not apply regarding a child who is under a	18693
period of judicial release to department of youth services	18694
supervision. Division (D)(E) of section 2152.22 of the Revised	18695
Code applies in relation to a child who is under a period of	18696
judicial release to department of youth services supervision.	18697

Sec. 5149.01.  As used in Chapter 5149. of the Revised Code:

18698

(A) "Authority" means the adult parole authority created by	18699
section 5149.02 of the Revised Code.	18700

(B) "State correctional institution," "pardon,"	18701
"commutation," "reprieve," "parole," "head of a state correctional	18702
institution," "convict," "prisoner," "parolee," "final release,"	18703
and "parole violator" have the same meanings as in section 2967.01	18704
of the Revised Code.	18705

(C) "Full board hearing" means a parole board hearing	18706
conducted by a minimummajority of seven parole board members as	18707
described in section 5149.101 of the Revised Code.	18708

Sec. 5149.10.  (A)(1) The parole board shall consist of up to	18709
twelve members, one of whom shall be designated as chairperson by	18710
the director of the department of rehabilitation and correction	18711
and who shall continue as chairperson until a successor is	18712
designated, and any other personnel that are necessary for the	18713
orderly performance of the duties of the board. In addition to the	18714
rules authorized by section 5149.02 of the Revised Code, the chief	18715
of the adult parole authority, subject to the approval of the	18716
chief of the division of parole and community services and subject	18717
to this section, shall adopt rules governing the proceedings of	18718
the parole board. The rules shall provide for the convening of	18719
full board hearings, the procedures to be followed in full board	18720
hearings, and general procedures to be followed in other hearings	18721
of the board and by the board's hearing officers. The rules also	18722
shall require agreement by a majority of all the board members to	18723
any recommendation of clemency transmitted to the governor.	18724

(2) When the board members sit as a full board, the	18725
chairperson shall preside. The chairperson shall also allocate the	18726
work of the parole board among the board members. The full board	18727
shall meet at least once each month. In the case of a tie vote on	18728
the full board, the chief of the adult parole authority shall cast	18729
the deciding vote. The chairperson may designate a person to serve	18730
in the chairperson's place.	18731

(3) Except for the chairperson and the member appointed under	18732
division (B) of this section, a member appointed to the parole	18733
board on or after the effective date of this amendment shall be	18734
appointed to a six-year term. A member appointed as described in	18735
this division shall hold office from the date of appointment until	18736
the end of the term for which the member was appointed. A member	18737
appointed as described in this division is eligible for	18738
reappointment for another six-year term that may or may not be	18739
consecutive to the first six-year term. A member appointed as	18740
described in this division is not eligible for reappointment after	18741
serving two six-year terms whether or not served consecutively.	18742
Vacancies shall be filled in the same manner provided for original	18743
appointments. Any member appointed as described in this division	18744
to fill a vacancy occurring prior to the expiration date of the	18745
term for which the member's predecessor was appointed shall begin	18746
that member's first six-year term upon appointment, regardless of	18747
the time remaining in the term of the member's predecessor. A	18748
member appointed as described in this division shall continue in	18749
office subsequent to the expiration date of the member's term	18750
until the member's successor takes office or until a period of	18751
sixty days has elapsed, whichever occurs first.	18752

(4) Except as otherwise provided in division (B) of this	18753
section, no person shall be appointed a member of the board who is	18754
not qualified by education or experience in correctional work,	18755
including law enforcement, prosecution of offenses, advocating for	18756
the rights of victims of crime, probation, or parole, in law, in	18757
social work, or in a combination of the three categories.	18758

(B) The director of rehabilitation and correction, in	18759
consultation with the governor, shall appoint one member of the	18760
board, who shall be a person who has been a victim of crime or who	18761
is a member of a victim's family or who represents an organization	18762
that advocates for the rights of victims of crime. After	18763
appointment, this member shall be an unclassified employee of the	18764
department of rehabilitation and correction.	18765

The initial appointment shall be for a term ending four years	18766
after July 1, 1996. Thereafter, the term of office of the member	18767
appointed under this division shall be for four years, with each	18768
term ending on the same day of the same month as did the term that	18769
it succeeds. The member shall hold office from the date of	18770
appointment until the end of the term for which the member was	18771
appointed and may be reappointed. Vacancies shall be filled in the	18772
manner provided for original appointments. Any member appointed	18773
under this division to fill a vacancy occurring prior to the	18774
expiration date of the term for which the member's predecessor was	18775
appointed shall hold office as a member for the remainder of that	18776
term. The member appointed under this division shall continue in	18777
office subsequent to the expiration date of the member's term	18778
until the member's successor takes office or until a period of	18779
sixty days has elapsed, whichever occurs first.	18780

The member appointed under this division shall be compensated	18781
in the same manner as other board members and shall be reimbursed	18782
for actual and necessary expenses incurred in the performance of	18783
the members'member's duties. The member may vote on all cases	18784
heard by the full board under section 5149.101 of the Revised	18785
Code, has such duties as are assigned by the chairperson of the	18786
board, and shall coordinate the member's activities with the	18787
office of victims' services created under section 5120.60 of the	18788
Revised Code.	18789

As used in this division, "crime," "member of the victim's	18790
family," and "victim" have the meanings given in section 2930.01	18791
of the Revised Code.	18792

(C) The chairperson shall submit all recommendations for or	18793
against clemency directly to the governor.	18794

(D) The chairperson shall transmit to the chief of the adult	18795
parole authority all determinations for or against parole made by	18796
the board. Parole determinations are final and are not subject to	18797
review or change by the chief.	18798

(E) In addition to its duties pertaining to parole and	18799
clemency, if an offender is sentenced to a prison term pursuant to	18800
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	18801
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	18802
Code, the parole board shall have control over the offender's	18803
service of the prison term during the entire term unless the board	18804
terminates its control in accordance with section 2971.04 of the	18805
Revised Code. The parole board may terminate its control over the	18806
offender's service of the prison term only in accordance with	18807
section 2971.04 of the Revised Code.	18808

Sec. 5149.31. (A) The department of rehabilitation and	18809
correction shall do all of the following:	18810

(A)(1) Establish and administer a program of subsidies for	18811
eligible counties and groups of counties for felony offenders and	18812
a program of subsidies for eligible municipal corporations,	18813
counties, and groups of counties for misdemeanor offenders for the	18814
development, implementation, and operation of community	18815
corrections programs. Department expenditures for administration	18816
of both programs of subsidies shall not exceed ten per cent of the	18817
moneys appropriated for each of the purposes of this division.	18818

(B)(2) Adopt and promulgate rules, under Chapter 119. of the	18819
Revised Code, providing standards for community corrections	18820
programs. The standards adopted by the department shall specify	18821
the class of offender whose degree of felony, whose community	18822
control sanction revocation history, or whose risk level as	18823
assessed by the single validated risk assessment tool described in	18824
section 5120.114 of the Revised Code, make the offender suitable	18825
for participation in community corrections programs. The rules	18826
shall make the level of subsidy provided to every county or group	18827
of counties contingent upon the number of offenders participating	18828
in community corrections programs each fiscal year who satisfy the	18829
participation suitability standards established by the department.	18830
The standards shall be designed to improve the quality and	18831
efficiency of the programs and to reduce the number of persons	18832
committed to state correctional institutions and to county,	18833
multicounty, municipal, municipal-county, or multicounty-municipal	18834
jails or workhouses for offenses for which community control	18835
sanctions are authorized under section 2929.13, 2929.15, or	18836
2929.25 of the Revised Code. In developing the standards, the	18837
department shall consult with, and seek the advice of, local	18838
corrections agencies, law enforcement agencies, and other public	18839
and private agencies concerned with corrections. The department	18840
shall conduct, and permit participation by local corrections	18841
planning boards established under section 5149.34 of the Revised	18842
Code and joint county corrections planning boards established	18843
under section 5149.35 of the Revised Code in, an annual review of	18844
the standards to measure their effectiveness in promoting the	18845
purposes specified in this division and shall amend or rescind any	18846
existing rule providing a standard or adopt and promulgate	18847
additional rules providing standards, under Chapter 119. of the	18848
Revised Code, if the review indicates that the standards fail to	18849
promote the purposes.	18850

(C)(3) Accept and use any funds, goods, or services from the	18851
federal government or any other public or private source for the	18852
support of the subsidy programs established under division (A) of	18853
this section. The department may comply with any conditions and	18854
enter into any agreements that it considers necessary to obtain	18855
these funds, goods, or services.	18856

(D)(4) Adopt rules, in accordance with Chapter 119. of the	18857
Revised Code, and do all other things necessary to implement	18858
sections 5149.30 to 5149.37 of the Revised Code;	18859

(E)(5) Evaluate or provide for the evaluation of community	18860
corrections programs funded by the subsidy programs established	18861
under division (A)(1) of this section and establish means of	18862
measuring their effectiveness;	18863

(F)(6) Prepare an annual report evaluating the subsidy	18864
programs established under division (A)(1) of this section. The	18865
report shall include, but need not be limited to, analyses of the	18866
structure of the programs and their administration by the	18867
department, the effectiveness of the programs in the development	18868
and implementation of community corrections programs, the specific	18869
standards adopted and promulgated under division (B)(A)(2) of this	18870
section and their effectiveness in promoting the purposes of the	18871
programs, and the findings of the evaluations conducted under	18872
division (E)(A)(5) of this section. The director of rehabilitation	18873
and correction shall review and certify the accuracy of the report	18874
and provide copies of it, upon request, to members of the general	18875
assembly.	18876

(G)(7) Provide training or assistance, upon the request of a	18877
local corrections planning board or a joint county corrections	18878
planning board, to any local unit of government, subject to	18879
available resources of the department.	18880

(B)(1) In order to be eligible for the subsidies under this	18881
section, counties, groups of counties, and municipal corporations	18882
shall satisfy all applicable requirements under sections 2301.27	18883
and 2301.30 of the Revised Code and, except for sentencing	18884
decisions made by a court when use of the risk assessment tool is	18885
discretionary, shall utilize the single validated risk assessment	18886
tool selected by the department under section 5120.114 of the	18887
Revised Code.	18888

(2) The department shall give any county, group of counties,	18889
or municipal corporation found to be noncompliant with the	18890
requirements described in division (B)(1) of this section a	18891
reasonable period of time to come into compliance. If the	18892
noncompliant county, group of counties, or municipal corporation	18893
does not become compliant after a reasonable period of time, the	18894
department shall reduce or eliminate the subsidy granted to that	18895
county, group of counties, or municipal corporation.	18896

Sec. 5149.311.  (A) The department of rehabilitation and	18897
correction shall establish and administer the probation	18898
improvement grant and the probation incentive grant for court of	18899
common pleas probation departments that supervise felony	18900
offenders.	18901

(B)(1) The probation improvement grant shall provide funding	18902
to court of common pleas probation departments to adopt policies	18903
and practices based on the latest research on how to reduce the	18904
number of felony offenders on probation supervision who violate	18905
the conditions of their supervision.	18906

(2) The department shall adopt rules for the distribution of	18907
the probation improvement grant, including the formula for the	18908
allocation of the subsidy based on the number of felony offenders	18909
placed on probation annually in each jurisdiction.	18910

(C)(1) The probation incentive grant shall provide a	18911
performance-based level of funding to court of common pleas	18912
probation departments that are successful in reducing the number	18913
of felony offenders on probation supervision whose terms of	18914
supervision are revoked.	18915

(2) The department shall calculate annually any cost savings	18916
realized by the state from a reduction in the percentage of people	18917
who are incarcerated because their terms of supervised probation	18918
were revoked. The cost savings estimate shall be calculated for	18919
each county and be based on the difference from fiscal year 2010	18920
and the fiscal year under examination.	18921

(3) The department shall adopt rules that specify the subsidy	18922
amount to be appropriated to court of common pleas probation	18923
departments that successfully reduce the percentage of people on	18924
probation who are incarcerated because their terms of supervision	18925
are revoked.	18926

(D) The following stipulations apply to both the probation	18927
improvement grant and the probation incentive grant:	18928

(1) In order to be eligible for the probation improvement	18929
grant and the probation incentive grant, courts of common pleas	18930
must satisfy all requirements under sections 2301.27 and 2301.30	18931
of the Revised Code and, except for sentencing decisions made by a	18932
court when use of the risk assessment tool is discretionary, must	18933
utilize the single validated risk assessment tool selected by the	18934
department of rehabilitation and correction under section 5120.114	18935
of the Revised Code.	18936

(2) The department may deny a subsidy under this section to	18937
any applicant if the applicant fails to comply with the terms of	18938
any agreement entered into pursuant to any of the provisions of	18939
this section.	18940

(3) The department shall evaluate or provide for the	18941
evaluation of the policies, practices, and programs the court of	18942
common pleas probation departments utilize with the programs of	18943
subsidies established under this section and establish means of	18944
measuring their effectiveness.	18945

(4) The department shall specify the policies, practices, and	18946
programs for which court of common pleas probation departments may	18947
use the program subsidy and shall establish minimum standards of	18948
quality and efficiency that recipients of the subsidy must follow.	18949
The department shall give priority to supporting evidence-based	18950
policies and practices, as defined by the department.	18951

Sec. 5149.32.  To be eligible for funds from the subsidy	18952
programs established under division (A)(1) of section 5149.31 of	18953
the Revised Code, a municipal corporation, county, or group of	18954
counties shall comply with all of the following that are relevant:	18955

(A) Maintain programs that meet the standards adopted under	18956
division (B)(A)(2) of section 5149.31 of the Revised Code;	18957

(B) Demonstrate that it has made efforts to unify or	18958
coordinate its correctional service programs through	18959
consolidation, written agreements, purchase of service contracts,	18960
or other means;	18961

(C) Demonstrate that the comprehensive plan for the county in	18962
which the municipal corporation is located, for the county, or for	18963
each county of the group of counties, as adopted under section	18964
5149.34 of the Revised Code, has been approved by the director of	18965
rehabilitation and correction;	18966

(D) Deliver programming that addresses the assessed needs of	18967
high risk offenders as established by the single validated risk	18968
assessment tool described in section 5120.114 of the Revised Code	18969
and that may be delivered through available and acceptable	18970
resources within the municipal corporation, county, or group of	18971
counties or through the department of rehabilitation and	18972
correction;	18973

(E) If a subsidy was received in any prior fiscal year from a	18974
subsidy program established under division (A)(1) of section	18975
5149.31 of the Revised Code, demonstrate that the subsidy was	18976
expended in a good faith effort to improve the quality and	18977
efficiency of its community corrections programs and to reduce the	18978
number of persons committed to state correctional institutions and	18979
to county, multicounty, municipal, municipal-county, or	18980
multicounty-municipal jails or workhouses.	18981

Sec. 5149.33.  No municipal corporation, county, or group of	18982
counties receiving a subsidy under division (A)(1) of section	18983
5149.31 of the Revised Code shall reduce, by the amount of the	18984
subsidy it receives or by a greater or lesser amount, the amount	18985
of local, nonfederal funds it expends for corrections, including,	18986
but not limited to, the amount of local, nonfederal funds it	18987
expends for the operation of the county, multicounty, municipal,	18988
municipal-county, or multicounty-municipal jail or workhouse, for	18989
any county or municipal probation department, or for any community	18990
corrections program. Each subsidy shall be used to make	18991
corrections expenditures in excess of those being made from local,	18992
nonfederal funds. No subsidy or portion of a subsidy shall be used	18993
to make capital improvements. If a recipient violates this	18994
section, the department of rehabilitation and correction shallmay	18995
discontinue subsidy payments to the recipient.	18996

Sec. 5149.34.  (A)(1) If a county desires to receive a	18997
subsidy from a subsidy program established under division (A)(1)	18998
of section 5149.31 of the Revised Code for community corrections	18999
programs as described in division (B)(A)(2) of that section, the	19000
board of county commissioners of the county shall establish, by a	19001
resolution as described in this division, and maintain a local	19002
corrections planning board that, except as provided in division	19003
(A)(2) of this section, shall include an administrator of a	19004
county, multicounty, municipal, municipal-county, or	19005
multicounty-municipal jail or workhouse located in the county,; a	19006
county commissioner of that county,; a judge of the court of	19007
common pleas of that county,; a judge of a municipal court or	19008
county court of that county,; an attorney whose practice of law	19009
primarily involves the representation of criminal defendants,; the	19010
chief law enforcement officer of the largest municipal corporation	19011
located in the county,; the county sheriff,; one or more	19012
prosecutors, as defined in section 2935.01 of the Revised Code,;	19013
the executive director of the board of alcohol, drug addiction,	19014
and mental health services serving that county or the executive	19015
director's designee, or the executive directors of both the	19016
community mental health board and the alcohol and drug addiction	19017
services board serving that county or their designees, whichever	19018
is applicable; the executive director of the county board of	19019
developmental disabilities of that county or the executive	19020
director's designee; an administrator of a halfway house serving	19021
that county, if any, or the administrator's designee; an	19022
administrator of a community-based correctional facility, if any,	19023
serving the court of common pleas of that county or the	19024
administrator's designee; an administrator of a community	19025
corrections act-funded program in that county, if any, or the	19026
administrator's designee; one or more representatives of the	19027
public, one of whom shall be a victim of crime,; one or more	19028
additional representatives of the law enforcement community,; one	19029
or more additional representatives of the judiciary,; one or more	19030
additional representatives of the field of corrections,; and	19031
officials from the largest municipal corporation located in the	19032
county. A majority of the members of the board shall be employed	19033
in the adult criminal justice field. At least two members of the	19034
board shall be members of the largest racial minority population,	19035
if any, in the county, and at least two other members of the board	19036
shall be women. The resolution shall state the number and nature	19037
of the members, the duration of their terms, the manner of filling	19038
vacancies on the board, and the compensation, if any, that members	19039
are to receive. The board of county commissioners also may	19040
specify, as part of the resolution, any other duties the local	19041
corrections planning board is to assume.	19042

(2) If, for good cause shown, including, but not limited to,	19043
the refusal of a specified individual to serve on a local	19044
corrections planning board, a particular county is not able to	19045
satisfy the requirements specified in division (A)(1) of this	19046
section for the composition of such a board, the director of	19047
rehabilitation and correction may waive the requirements to the	19048
extent necessary and approve a composition for the board that	19049
otherwise is consistent with the requirements.	19050

(B) Each local corrections planning board established	19051
pursuant to division (A) of this section shall adopt within	19052
eighteen months after its establishment, and from time to time	19053
shall revise, a comprehensive plan for the development,	19054
implementation, and operation of corrections services in the	19055
county. The plan shall include a description of the offender	19056
population's assessed needs as established by the single validated	19057
risk assessment tool described in section 5120.114 of the Revised	19058
Code, with particular attention to high risk offenders, and the	19059
capacity to deliver services and programs within the county and	19060
surrounding region that address the offender population's needs.	19061
The plan shall be adopted and revised after consideration has been	19062
given to the impact that it will have or has had on the	19063
populations of state correctional institutions and county,	19064
multicounty, municipal, municipal-county, or multicounty-municipal	19065
jails or workhouses in the county, and shall be designed to unify	19066
or coordinate corrections services in the county and to reduce the	19067
number of persons committed, consistent with the standards adopted	19068
under division (B)(A)(2) of section 5149.31 of the Revised Code,	19069
from that county to state correctional institutions and to county,	19070
multicounty, municipal, municipal-county, or multicounty-municipal	19071
jails or workhouses. The plan and any revisions to the plan shall	19072
be submitted to the board of county commissioners of the county in	19073
which the local corrections planning board is located for	19074
approval.	19075

If a county has a community-based correctional facility and	19076
program established in accordance with sections 2301.51 to 2301.58	19077
of the Revised Code, the budgets of the facility and program shall	19078
not be subject to approval by the local corrections planning	19079
board, but instead shall continue to be determined in accordance	19080
with those sections. However, the local corrections planning board	19081
shall include the facility and program as part of the	19082
comprehensive plan adopted and revised pursuant to this division.	19083

(C) As used in this section:

19084

(1) "Halfway house" and "community-based correctional	19085
facility" have the same meanings as in section 2929.01 of the	19086
Revised Code.	19087

(2) "Offender population" means the total number of offenders	19088
currently receiving corrections services provided by the county.	19089

Sec. 5149.36.  Subject to appropriations by the general	19090
assembly, the department of rehabilitation and correction shall	19091
award subsidies to eligible municipal corporations, counties, and	19092
groups of counties pursuant to the subsidy programs described in	19093
division (A)(1) of section 5149.31 of the Revised Code only in	19094
accordance with criteria that the department shall specify in	19095
rules adopted pursuant to Chapter 119. of the Revised Code. The	19096
criteria shall be designed to provide for subsidy awards only on	19097
the basis of demonstrated need and the satisfaction of specified	19098
priorities. The criteria shall be consistent with the following:	19099

(A) First priority shall be given to the continued funding of	19100
existing community corrections programs that satisfy the standards	19101
adopted pursuant to division (B)(A)(2) of section 5149.31 of the	19102
Revised Code and that are designed to reduce the number of persons	19103
committed to state correctional institutions.	19104

(B) Second priority shall be given to new community	19105
corrections programs that are designed to reduce the number of	19106
persons committed to state correctional institutions or the number	19107
of persons committed to county, multicounty, municipal,	19108
municipal-county, or multicounty-municipal jails or workhouses.	19109

Section 2.  That existing sections 109.42, 307.93, 309.18,	19110
341.12, 926.99, 1333.99, 1707.99, 1716.99, 2151.23, 2151.55,	19111
2151.551, 2151.552, 2151.553, 2151.554, 2152.02, 2152.021,	19112
2152.12, 2152.13, 2152.14, 2152.17, 2152.22, 2301.27, 2301.30,	19113
2743.51, 3743.56, 2743.59, 2743.60, 2901.08, 2903.01, 2903.11,	19114
2903.12, 2903.13, 2905.01, 2905.02, 2907.21, 2907.22, 2907.323,	19115
2909.03, 2909.05, 2909.11, 2911.12, 2913.01, 2913.02, 2913.03,	19116
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	19117
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	19118
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	19119
2917.32, 2919.21, 2919.22, 2921.13, 2921.34, 2921.41, 2923.01	19120
2923.31, 2923.32, 2925.01, 2925.02, 2925.03, 2925.04, 2925.041,	19121
2925.05, 2925.11, 2925.36, 2929.01, 2929.11, 2929.13, 2929.14,	19122
2929.15, 2929.19, 2929.191, 2929.20, 2929.26, 2929.34, 2929.41,	19123
2930.12, 2930.16, 2930.17, 2935.041, 2937.36, 2941.141, 2941.142,	19124
2941.143, 2941.144, 2941.145, 2941.146, 2941.1411, 2941.1412,	19125
2941.1414, 2941.1415, 2941.1421, 2941.1422, 2941.1423, 2950.99,	19126
2951.041, 2951.08, 2953.08, 2967.14, 2967.193, 2967.28, 2971.03,	19127
2981.07, 3719.99, 4507.51, 4511.091, 4729.99, 5120.031, 5120.07,	19128
5120.111, 5120.16, 5120.331, 5120.48, 5120.59, 5120.60, 5120.66,	19129
5139.01, 5139.06, 5139.18, 5139.20, 5139.43, 5139.52, 5149.01,	19130
5149.10, 5149.31, 5149.32, 5149.33, 5149.34, and 5149.36 of the	19131
Revised Code are hereby repealed.	19132

Section 3. The amendments to sections 2925.01, 2925.03,	19133
2925.05, and 2925.11 of the Revised Code, and to division (W) of	19134
section 2929.01 of the Revised Code, that are made in this act	19135
apply to a person who commits an offense involving marihuana,	19136
cocaine, or hashish on or after the effective date of this act and	19137
to a person to whom division (B) of section 1.58 of the Revised	19138
Code makes the amendments applicable.	19139

The provisions of sections 2925.01, 2925.03, 2925.05, and	19140
2925.11 of the Revised Code, and of division (W) of section	19141
2929.01 of the Revised Code, in existence prior to the effective	19142
date of this act shall apply to a person upon whom a court imposed	19143
sentence prior to the effective date of this act for an offense	19144
involving marihuana, cocaine, or hashish. The amendments to	19145
sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised	19146
Code, and to division (W) of section 2929.01 of the Revised Code,	19147
that are made in this act do not apply to a person upon whom a	19148
court imposed sentence prior to the effective date of this act for	19149
an offense involving marihuana, cocaine, or hashish.	19150

Section 4. The amendments to sections 926.99, 1333.99,	19151
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	19152
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	19153
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	19154
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	19155
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07, division (B) of	19156
section 2929.13, and division (A) of section 2929.14 of the	19157
Revised Code that are made in this act apply to a person who	19158
commits an offense specified or penalized under those sections on	19159
or after the effective date of this section and to a person to	19160
whom division (B) of section 1.58 of the Revised Code makes the	19161
amendments applicable.	19162

The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,	19163
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,	19164
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,	19165
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,	19166
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,	19167
2921.41, 2923.31, and 2981.07 of the Revised Code in existence	19168
prior to the effective date of this section shall apply to a	19169
person upon whom a court imposed sentence prior to the effective	19170
date of this section for an offense specified or penalized under	19171
those sections. The amendments to sections 926.99, 1333.99,	19172
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,	19173
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,	19174
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,	19175
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,	19176
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised	19177
Code that are made in this act do not apply to a person who upon	19178
whom a court imposed sentence prior to the effective date of this	19179
section for an offense specified or penalized under those	19180
sections.	19181

Section 5. (A) The Ohio Interagency Task Force on Mental	19182
Health and Juvenile Justice is hereby established to investigate	19183
and make recommendations on how to most effectively treat	19184
delinquent youth who suffer from serious mental illness or	19185
emotional and behavioral disorders, while giving attention to the	19186
needs of Ohio's economy. The Task Force shall consist of the	19187
following members:	19188

(1) The Director of Youth Services;

19189

(2) The Director of Mental Health;

19190

(3) The Director of the Governor's Office of Health	19191
Transformation;	19192

(4) The Superintendent of Public Instruction;

19193

(5) A justice of the Supreme Court or a designee appointed by	19194
the justices of the Supreme Court who has experience in juvenile	19195
law or mental health issues;	19196

(6) A designee appointed by the President of the Ohio	19197
Association of Juvenile Court Judges;	19198

(7) A board-certified child and adolescent psychiatrist	19199
appointed by the Director of the Department of Mental Health;	19200

(8) A licensed child and adolescent psychologist appointed by	19201
the President of the State Board of Psychology;	19202

(9) Up to ten members with expertise in child and adolescent	19203
development, mental health, or juvenile justice appointed by the	19204
Governor, including, but not limited to, members representing the	19205
Ohio chapter of the National Alliance on Mental Illness, the Ohio	19206
Federation for Children's Mental Health, an academic research	19207
institution with expertise in juvenile justice and child and	19208
adolescent development, and a provider of children's	19209
community-based mental health services;	19210

(10) Two members of the General Assembly, one from the	19211
majority party and one from the minority party, jointly appointed	19212
by the Speaker of the House of Representatives and the President	19213
of the Senate;	19214

(11) A member of the public jointly appointed by the Speaker	19215
of the House of Representatives and the President of the Senate;	19216

(12) A representative of the Ohio Prosecuting Attorneys	19217
Association designated by the Association;	19218

(13) The State Public Defender;

19219

(14) A representative of the Ohio Judicial Conference.

19220

(B) Members of the Task Force shall be appointed by September	19221
30, 2011. Vacancies on the Task Force shall be filled in the same	19222
manner as the original appointments. Members shall serve without	19223
compensation.	19224

(C) The Governor shall designate the chairperson of the Task	19225
Force. All meetings of the Task Force shall be held at the call of	19226
the chairperson.	19227

(D) The duties of the Task Force shall include all of the	19228
following:	19229

(1) Reviewing the current staff training and protocols and	19230
procedures for treating mentally ill and seriously mentally ill	19231
youth committed to the Department of Youth Services;	19232

(2) Reviewing the current funding, roles, and	19233
responsibilities of the Department of Youth Services, Department	19234
of Mental Health, Department of Education, and other Departments	19235
providing services to youth, as the funding, roles, and	19236
responsibilities pertain to youth with serious mental illness, or	19237
severe emotional and behavioral disorders;	19238

(3) Conducting a review of literature related to the best	19239
practices in the treatment of youth with mental illness and	19240
seriously mentally ill youth who are adjudicated to be a	19241
delinquent child and committed to the Department of Youth	19242
Services;	19243

(4) Investigating mental health treatment models for youth	19244
involved in the juvenile justice system of other states and	19245
jurisdictions, and other relevant data and information, in order	19246
to identify potential model programs, protocols, and best	19247
practices;	19248

(5) Conducting at least one visit to a Department of Youth	19249
Services mental health unit and completing a comprehensive data	19250
review of the mentally ill and seriously mentally ill youth	19251
currently committed to the Department of Youth Services to develop	19252
a profile of such youth currently committed to the Department of	19253
Youth Services.	19254

(E) The members of the Task Force shall make findings and	19255
recommendations, based on the results of the Task Force's duties,	19256
regarding all of the following:	19257

(1) Best practices in the field of treatment for youth with	19258
mental illness or serious mental illness who are involved in the	19259
juvenile justice system;	19260

(2) Guiding principles for the treatment of youth with mental	19261
illness or serious mental illness who are involved in the juvenile	19262
justice system;	19263

(3) The infrastructure, roles, and responsibilities of and	19264
other departments providing services to youth, in relation to	19265
effectively meeting the multiple needs of youth with mental	19266
illness or serious mental illness who are involved in the juvenile	19267
justice system;	19268

(4) Funding strategies that maximize public, private, state,	19269
and federal resources and that create incentives for high	19270
performance and innovative treatment;	19271

(5) Changes to administrative, court, and legislative rules	19272
that would support the recommendations of the Task Force.	19273

The members of the Task Force may make other recommendations	19274
related to effectively treating delinquent youth who suffer from	19275
mental illness and serious mental health illness, including	19276
mentally ill youth who also have special education needs, as	19277
determined to be relevant by the chairperson of the Task Force.	19278

(F) Not later than March 31, 2012, the Task Force shall issue	19279
a report of the Task Force's findings and recommendations to the	19280
Governor, the President of the Senate, the Speaker of the House of	19281
Representatives, and the Chief Justice of the Supreme Court. Upon	19282
the issuance of the report by the Task Force, the Task Force shall	19283
cease to exist.	19284

Section 6. The General Assembly hereby respectfully requests	19285
the Supreme Court to adopt a Rule of Superintendence that provides	19286
for the collection for each month of statistical data relating to	19287
the operation of probation departments, including, but not limited	19288
to, all of the following:	19289

(A) A count of the number of individuals placed on probation	19290
in the month covered by the report;	19291

(B) A count of the number of individuals terminated from	19292
probation in the month covered by the report, listed by type of	19293
termination, including revocation;	19294

(C) The total number of individuals under supervision on	19295
probation at the end of the month covered by the report.	19296

Section 7. That Section 3 of Am. Sub. H.B. 130 of the 127th	19297
General Assembly be amended to read as follows:	19298

Sec. 3. Section 5120.07 of the Revised Code is hereby	19299
repealed, effective December 31, 20112014.	19300

Section 8. That existing Section 3 of Am. Sub. H.B. 130 of	19301
the 127th General Assembly is hereby repealed.	19302

Section 9. (A) The Department of Rehabilitation and	19303
Correction shall conduct an empirical study of all of the	19304
following:	19305

(1) Assaults of any type by inmates upon staff of the	19306
Department;	19307

(2) Assaults with a weapon by inmates upon other inmates;

19308

(3) Sexual assaults by inmates against other inmates;

19309

(4) The frequency with which the Department recommends	19310
prosecution for each type of assault identified in division	19311
(A)(1), (2), or (3) of this section, the process that applies to	19312
such prosecutions that are commenced, and the outcome of such	19313
prosecutions.	19314

(B) The Department of Rehabilitation and Correction shall	19315
prepare a report that summarizes the findings of its study	19316
described in division (A) of this section. The report also shall	19317
include recommendations of the Department for improving the safety	19318
of the Department's institutions as supported by the sanctioning	19319
and prosecution process. Not later than December 31, 2012, the	19320
Department shall submit copies of the report described in this	19321
division to the Governor, the Attorney General, the President and	19322
Minority Leader of the House of Representatives, and the President	19323
and Minority Leader of the Senate.	19324

Section 10. (A) Within ninety days after the effective date	19325
of this section, the Department of Rehabilitation and Correction	19326
shall thoroughly review the cases of all parole-eligible inmates	19327
who are sixty-five years of age or older and who have had a	19328
statutory first parole consideration hearing.	19329

(B) Upon completion of the review described in division (A)	19330
of this section, the Department shall send a report to the	19331
President and Minority Leader of the Senate and to the Speaker and	19332
Minority Leader of the House of Representatives that summarizes	19333
the findings of its review and that explains why each of those	19334
inmates has not been paroled or otherwise released from custody of	19335
the Department.	19336

(C) Upon completion of the review described in division (A)	19337
of this section, the Chair of the Parole Board shall present to	19338
the Board the cases of the inmates described in that division.	19339
Upon presentation of the case of an inmate, the Board, by majority	19340
vote, may choose to rehear the inmate's case for possible release	19341
on parole.	19342

Section 11. In amending division (E)(4) of section 2929.14	19343
and division (A) of section 2929.41 of the Revised Code in this	19344
act, it is the intent of the General Assembly to simultaneously	19345
repeal and revive the amended language in those divisions that was	19346
invalidated and severed by the Ohio Supreme Court's decision in	19347
State v. Foster (2006), 109 Ohio St.3d 1. The amended language in	19348
those divisions is subject to reenactment under the United States	19349
Supreme Court's decision in Oregon v. Ice (2009), 555 U.S. 160,	19350
and the Ohio Supreme Court's decision in State v. Hodge (2010),	19351
___ Ohio St.3d ___, Slip Opinion No. 2010-Ohio-6320 and, although	19352
constitutional under Hodge, supra, that language is not	19353
enforceable until deliberately revived by the General Assembly.	19354

Section 12. Section 1716.99 of the Revised Code is presented	19355
in this act as a composite of the section as amended by both Am.	19356
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly.	19357
Section 2301.27 of the Revised Code is presented in this act as a	19358
composite of the section as amended by both Am. Sub. H.B. 490 and	19359
Sub. H.B. 510 of the 124th General Assembly. Section 2929.14 of	19360
the Revised Code is presented in this act as a composite of the	19361
section as amended by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280	19362
of the 127th General Assembly. Section 2929.20 of the Revised Code	19363
is presented in this act as a composite of the section as amended	19364
by both Am. Sub. H.B. 130 and Sub. S.B. 108 of the 127th General	19365
Assembly. Section 2967.193 of the Revised Code is presented in	19366
this act as a composite of the section as amended by both Am. Sub.	19367
S.B. 269 and Am. Sub. H.B. 180 of the 121st General Assembly. The	19368
General Assembly, applying the principle stated in division (B) of	19369
section 1.52 of the Revised Code that amendments are to be	19370
harmonized if reasonably capable of simultaneous operation, finds	19371
that the composites are the resulting versions of the sections in	19372
effect prior to the effective date of the sections as presented in	19373
this act.	19374