As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 407

Representative Butler 

Cosponsors: Representatives Adams, J., Amstutz, Beck, Becker, Fedor, Hill, Lynch, Retherford, Roegner, Smith, Terhar, Thompson 

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A BILL

To amend section 2929.13 and to enact sections

1

5120.037, 5120.0371, and 5120.038 of the Revised

2

Code to require the Department of Rehabilitation

3

and Correction to establish a pilot work program

4

for offenders, to establish and operate the

5

program at repayment, retraining, and reclamation

6

factories that are not in or on the grounds of a

7

prison or jail and permit the Department to

8

establish and operate the program in prisons, to

9

permit counties to establish and operate local

10

repayment, retraining, and reclamation factories

11

for certain offenders, to provide for the

12

manufacture of goods and the sale of the goods

13

manufactured by the pilot work program or local

14

pilot work program on the open market or the

15

assembly, processing, manufacture, or repair of

16

components for goods pursuant to contract, to

17

grant a nonviolent participant one day of credit

18

off the participant's prison term or jail term for

19

each day the participant productively participates

20

in the program at a repayment, retraining, and

21

reclamation factory or a local repayment,

22

retraining, and reclamation factory, and to name

23

this act the "Repayment, Retraining, and

24

Reclamation Act."

25

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

Section 1.  That section 2929.13 be amended and sections	26
5120.037, 5120.0371, and 5120.038 of the Revised Code be enacted	27
to read as follows:	28

Sec. 2929.13.  (A) Except as provided in division (E), (F),	29
or (G) of this section and unless a specific sanction is required	30
to be imposed or is precluded from being imposed pursuant to law,	31
a court that imposes a sentence upon an offender for a felony may	32
impose any sanction or combination of sanctions on the offender	33
that are provided in sections 2929.14 to 2929.18 of the Revised	34
Code.	35

If the offender is eligible to be sentenced to community	36
control sanctions, the court shall consider the appropriateness of	37
imposing a financial sanction pursuant to section 2929.18 of the	38
Revised Code or a sanction of community service pursuant to	39
section 2929.17 of the Revised Code as the sole sanction for the	40
offense. Except as otherwise provided in this division, if the	41
court is required to impose a mandatory prison term for the	42
offense for which sentence is being imposed, the court also shall	43
impose any financial sanction pursuant to section 2929.18 of the	44
Revised Code that is required for the offense and may impose any	45
other financial sanction pursuant to that section but may not	46
impose any additional sanction or combination of sanctions under	47
section 2929.16 or 2929.17 of the Revised Code.	48

If the offender is being sentenced for a fourth degree felony	49
OVI offense or for a third degree felony OVI offense, in addition	50
to the mandatory term of local incarceration or the mandatory	51
prison term required for the offense by division (G)(1) or (2) of	52
this section, the court shall impose upon the offender a mandatory	53
fine in accordance with division (B)(3) of section 2929.18 of the	54
Revised Code and may impose whichever of the following is	55
applicable:	56

(1) For a fourth degree felony OVI offense for which sentence	57
is imposed under division (G)(1) of this section, an additional	58
community control sanction or combination of community control	59
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	60
the court imposes upon the offender a community control sanction	61
and the offender violates any condition of the community control	62
sanction, the court may take any action prescribed in division (B)	63
of section 2929.15 of the Revised Code relative to the offender,	64
including imposing a prison term on the offender pursuant to that	65
division.	66

(2) For a third or fourth degree felony OVI offense for which	67
sentence is imposed under division (G)(2) of this section, an	68
additional prison term as described in division (B)(4) of section	69
2929.14 of the Revised Code or a community control sanction as	70
described in division (G)(2) of this section.	71

(B)(1)(a) Except as provided in division (B)(1)(b) of this	72
section, if an offender is convicted of or pleads guilty to a	73
felony of the fourth or fifth degree that is not an offense of	74
violence or that is a qualifying assault offense, the court shall	75
sentence the offender to a community control sanction of at least	76
one year's duration if all of the following apply:	77

(i) The offender previously has not been convicted of or	78
pleaded guilty to a felony offense.	79

(ii) The most serious charge against the offender at the time	80
of sentencing is a felony of the fourth or fifth degree and the	81
offender is convicted of or pleads guilty to not more than one	82
felony of the fourth or fifth degree listed in the indictment,	83
information, or complaint.	84

(iii) If the court made a request of the department of	85
rehabilitation and correction pursuant to division (B)(1)(c) of	86
this section, the department, within the forty-five-day period	87
specified in that division, provided the court with the names of,	88
contact information for, and program details of one or more	89
community control sanctions of at least one year's duration that	90
are available for persons sentenced by the court.	91

(iv) The offender previously has not been convicted of or	92
pleaded guilty to a misdemeanor offense of violence that the	93
offender committed within two years prior to the offense for which	94
sentence is being imposed.	95

(b) The court has discretion to impose a prison term upon an	96
offender who is convicted of or pleads guilty to a felony of the	97
fourth or fifth degree that is not an offense of violence or that	98
is a qualifying assault offense if any of the following apply:	99

(i) The offender committed the offense while having a firearm	100
on or about the offender's person or under the offender's control.	101

(ii) If the offense is a qualifying assault offense, the	102
offender caused serious physical harm to another person while	103
committing the offense, and, if the offense is not a qualifying	104
assault offense, the offender caused physical harm to another	105
person while committing the offense.	106

(iii) The offender violated a term of the conditions of bond	107
as set by the court.	108

(iv) The court made a request of the department of	109
rehabilitation and correction pursuant to division (B)(1)(c) of	110
this section, and the department, within the forty-five-day period	111
specified in that division, did not provide the court with the	112
name of, contact information for, and program details of any	113
community control sanction of at least one year's duration that is	114
available for persons sentenced by the court.	115

(v) The offense is a sex offense that is a fourth or fifth	116
degree felony violation of any provision of Chapter 2907. of the	117
Revised Code.	118

(vi) In committing the offense, the offender attempted to	119
cause or made an actual threat of physical harm to a person with a	120
deadly weapon.	121

(vii) In committing the offense, the offender attempted to	122
cause or made an actual threat of physical harm to a person, and	123
the offender previously was convicted of an offense that caused	124
physical harm to a person.	125

(viii) The offender held a public office or position of	126
trust, and the offense related to that office or position; the	127
offender's position obliged the offender to prevent the offense or	128
to bring those committing it to justice; or the offender's	129
professional reputation or position facilitated the offense or was	130
likely to influence the future conduct of others.	131

(ix) The offender committed the offense for hire or as part	132
of an organized criminal activity.	133

(x) The offender at the time of the offense was serving, or	134
the offender previously had served, a prison term.	135

(xi) The offender committed the offense while under a	136
community control sanction, while on probation, or while released	137
from custody on a bond or personal recognizance.	138

(c) If a court that is sentencing an offender who is	139
convicted of or pleads guilty to a felony of the fourth or fifth	140
degree that is not an offense of violence or that is a qualifying	141
assault offense believes that no community control sanctions are	142
available for its use that, if imposed on the offender, will	143
adequately fulfill the overriding principles and purposes of	144
sentencing, the court shall contact the department of	145
rehabilitation and correction and ask the department to provide	146
the court with the names of, contact information for, and program	147
details of one or more community control sanctions of at least one	148
year's duration that are available for persons sentenced by the	149
court. Not later than forty-five days after receipt of a request	150
from a court under this division, the department shall provide the	151
court with the names of, contact information for, and program	152
details of one or more community control sanctions of at least one	153
year's duration that are available for persons sentenced by the	154
court, if any. Upon making a request under this division that	155
relates to a particular offender, a court shall defer sentencing	156
of that offender until it receives from the department the names	157
of, contact information for, and program details of one or more	158
community control sanctions of at least one year's duration that	159
are available for persons sentenced by the court or for forty-five	160
days, whichever is the earlier.	161

If the department provides the court with the names of,	162
contact information for, and program details of one or more	163
community control sanctions of at least one year's duration that	164
are available for persons sentenced by the court within the	165
forty-five-day period specified in this division, the court shall	166
impose upon the offender a community control sanction under	167
division (B)(1)(a) of this section, except that the court may	168
impose a prison term under division (B)(1)(b) of this section if a	169
factor described in division (B)(1)(b)(i) or (ii) of this section	170
applies. If the department does not provide the court with the	171
names of, contact information for, and program details of one or	172
more community control sanctions of at least one year's duration	173
that are available for persons sentenced by the court within the	174
forty-five-day period specified in this division, the court may	175
impose upon the offender a prison term under division	176
(B)(1)(b)(iv) of this section.	177

(d) A sentencing court may impose an additional penalty under	178
division (B) of section 2929.15 of the Revised Code upon an	179
offender sentenced to a community control sanction under division	180
(B)(1)(a) of this section if the offender violates the conditions	181
of the community control sanction, violates a law, or leaves the	182
state without the permission of the court or the offender's	183
probation officer.	184

(2) If division (B)(1) of this section does not apply, except	185
as provided in division (E), (F), or (G) of this section, in	186
determining whether to impose a prison term as a sanction for a	187
felony of the fourth or fifth degree, the sentencing court shall	188
comply with the purposes and principles of sentencing under	189
section 2929.11 of the Revised Code and with section 2929.12 of	190
the Revised Code.	191

(C) Except as provided in division (D), (E), (F), or (G) of	192
this section, in determining whether to impose a prison term as a	193
sanction for a felony of the third degree or a felony drug offense	194
that is a violation of a provision of Chapter 2925. of the Revised	195
Code and that is specified as being subject to this division for	196
purposes of sentencing, the sentencing court shall comply with the	197
purposes and principles of sentencing under section 2929.11 of the	198
Revised Code and with section 2929.12 of the Revised Code.	199

(D)(1) Except as provided in division (E) or (F) of this	200
section, for a felony of the first or second degree, for a felony	201
drug offense that is a violation of any provision of Chapter	202
2925., 3719., or 4729. of the Revised Code for which a presumption	203
in favor of a prison term is specified as being applicable, and	204
for a violation of division (A)(4) or (B) of section 2907.05 of	205
the Revised Code for which a presumption in favor of a prison term	206
is specified as being applicable, it is presumed that a prison	207
term is necessary in order to comply with the purposes and	208
principles of sentencing under section 2929.11 of the Revised	209
Code. Division (D)(2) of this section does not apply to a	210
presumption established under this division for a violation of	211
division (A)(4) of section 2907.05 of the Revised Code.	212

(2) Notwithstanding the presumption established under	213
division (D)(1) of this section for the offenses listed in that	214
division other than a violation of division (A)(4) or (B) of	215
section 2907.05 of the Revised Code, the sentencing court may	216
impose a community control sanction or a combination of community	217
control sanctions instead of a prison term on an offender for a	218
felony of the first or second degree or for a felony drug offense	219
that is a violation of any provision of Chapter 2925., 3719., or	220
4729. of the Revised Code for which a presumption in favor of a	221
prison term is specified as being applicable if it makes both of	222
the following findings:	223

(a) A community control sanction or a combination of	224
community control sanctions would adequately punish the offender	225
and protect the public from future crime, because the applicable	226
factors under section 2929.12 of the Revised Code indicating a	227
lesser likelihood of recidivism outweigh the applicable factors	228
under that section indicating a greater likelihood of recidivism.	229

(b) A community control sanction or a combination of	230
community control sanctions would not demean the seriousness of	231
the offense, because one or more factors under section 2929.12 of	232
the Revised Code that indicate that the offender's conduct was	233
less serious than conduct normally constituting the offense are	234
applicable, and they outweigh the applicable factors under that	235
section that indicate that the offender's conduct was more serious	236
than conduct normally constituting the offense.	237

(E)(1) Except as provided in division (F) of this section,	238
for any drug offense that is a violation of any provision of	239
Chapter 2925. of the Revised Code and that is a felony of the	240
third, fourth, or fifth degree, the applicability of a presumption	241
under division (D) of this section in favor of a prison term or of	242
division (B) or (C) of this section in determining whether to	243
impose a prison term for the offense shall be determined as	244
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	245
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	246
Revised Code, whichever is applicable regarding the violation.	247

(2) If an offender who was convicted of or pleaded guilty to	248
a felony violates the conditions of a community control sanction	249
imposed for the offense solely by reason of producing positive	250
results on a drug test, the court, as punishment for the violation	251
of the sanction, shall not order that the offender be imprisoned	252
unless the court determines on the record either of the following:	253

(a) The offender had been ordered as a sanction for the	254
felony to participate in a drug treatment program, in a drug	255
education program, or in narcotics anonymous or a similar program,	256
and the offender continued to use illegal drugs after a reasonable	257
period of participation in the program.	258

(b) The imprisonment of the offender for the violation is	259
consistent with the purposes and principles of sentencing set	260
forth in section 2929.11 of the Revised Code.	261

(3) A court that sentences an offender for a drug abuse	262
offense that is a felony of the third, fourth, or fifth degree may	263
require that the offender be assessed by a properly credentialed	264
professional within a specified period of time. The court shall	265
require the professional to file a written assessment of the	266
offender with the court. If the offender is eligible for a	267
community control sanction and after considering the written	268
assessment, the court may impose a community control sanction that	269
includes treatment and recovery support services authorized by	270
section 3793.02 of the Revised Code. If the court imposes	271
treatment and recovery support services as a community control	272
sanction, the court shall direct the level and type of treatment	273
and recovery support services after considering the assessment and	274
recommendation of treatment and recovery support services	275
providers.	276

(F) Notwithstanding divisions (A) to (E) of this section, the	277
court shall impose a prison term or terms under sections 2929.02	278
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	279
of the Revised Code and except as specifically provided in section	280
2929.20, divisions (C) to (I) of section 2967.19, or section	281
2967.191 of the Revised Code or when parole is authorized for the	282
offense under section 2967.13 of the Revised Code shall not reduce	283
the term or terms pursuant to section 2929.20, section 2967.19,	284
section 2967.193, or any other provision of Chapter 2967. or	285
Chapter 5120. of the Revised Code for any of the following	286
offenses:	287

(1) Aggravated murder when death is not imposed or murder;

288

(2) Any rape, regardless of whether force was involved and	289
regardless of the age of the victim, or an attempt to commit rape	290
if, had the offender completed the rape that was attempted, the	291
offender would have been guilty of a violation of division	292
(A)(1)(b) of section 2907.02 of the Revised Code and would be	293
sentenced under section 2971.03 of the Revised Code;	294

(3) Gross sexual imposition or sexual battery, if the victim	295
is less than thirteen years of age and if any of the following	296
applies:	297

(a) Regarding gross sexual imposition, the offender	298
previously was convicted of or pleaded guilty to rape, the former	299
offense of felonious sexual penetration, gross sexual imposition,	300
or sexual battery, and the victim of the previous offense was less	301
than thirteen years of age;	302

(b) Regarding gross sexual imposition, the offense was	303
committed on or after August 3, 2006, and evidence other than the	304
testimony of the victim was admitted in the case corroborating the	305
violation.	306

(c) Regarding sexual battery, either of the following	307
applies:	308

(i) The offense was committed prior to August 3, 2006, the	309
offender previously was convicted of or pleaded guilty to rape,	310
the former offense of felonious sexual penetration, or sexual	311
battery, and the victim of the previous offense was less than	312
thirteen years of age.	313

(ii) The offense was committed on or after August 3, 2006.

314

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	315
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	316
if the section requires the imposition of a prison term;	317

(5) A first, second, or third degree felony drug offense for	318
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	319
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	320
4729.99 of the Revised Code, whichever is applicable regarding the	321
violation, requires the imposition of a mandatory prison term;	322

(6) Any offense that is a first or second degree felony and	323
that is not set forth in division (F)(1), (2), (3), or (4) of this	324
section, if the offender previously was convicted of or pleaded	325
guilty to aggravated murder, murder, any first or second degree	326
felony, or an offense under an existing or former law of this	327
state, another state, or the United States that is or was	328
substantially equivalent to one of those offenses;	329

(7) Any offense that is a third degree felony and either is a	330
violation of section 2903.04 of the Revised Code or an attempt to	331
commit a felony of the second degree that is an offense of	332
violence and involved an attempt to cause serious physical harm to	333
a person or that resulted in serious physical harm to a person if	334
the offender previously was convicted of or pleaded guilty to any	335
of the following offenses:	336

(a) Aggravated murder, murder, involuntary manslaughter,	337
rape, felonious sexual penetration as it existed under section	338
2907.12 of the Revised Code prior to September 3, 1996, a felony	339
of the first or second degree that resulted in the death of a	340
person or in physical harm to a person, or complicity in or an	341
attempt to commit any of those offenses;	342

(b) An offense under an existing or former law of this state,	343
another state, or the United States that is or was substantially	344
equivalent to an offense listed in division (F)(7)(a) of this	345
section that resulted in the death of a person or in physical harm	346
to a person.	347

(8) Any offense, other than a violation of section 2923.12 of	348
the Revised Code, that is a felony, if the offender had a firearm	349
on or about the offender's person or under the offender's control	350
while committing the felony, with respect to a portion of the	351
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	352
of the Revised Code for having the firearm;	353

(9) Any offense of violence that is a felony, if the offender	354
wore or carried body armor while committing the felony offense of	355
violence, with respect to the portion of the sentence imposed	356
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	357
Code for wearing or carrying the body armor;	358

(10) Corrupt activity in violation of section 2923.32 of the	359
Revised Code when the most serious offense in the pattern of	360
corrupt activity that is the basis of the offense is a felony of	361
the first degree;	362

(11) Any violent sex offense or designated homicide, assault,	363
or kidnapping offense if, in relation to that offense, the	364
offender is adjudicated a sexually violent predator;	365

(12) A violation of division (A)(1) or (2) of section 2921.36	366
of the Revised Code, or a violation of division (C) of that	367
section involving an item listed in division (A)(1) or (2) of that	368
section, if the offender is an officer or employee of the	369
department of rehabilitation and correction;	370

(13) A violation of division (A)(1) or (2) of section 2903.06	371
of the Revised Code if the victim of the offense is a peace	372
officer, as defined in section 2935.01 of the Revised Code, or an	373
investigator of the bureau of criminal identification and	374
investigation, as defined in section 2903.11 of the Revised Code,	375
with respect to the portion of the sentence imposed pursuant to	376
division (B)(5) of section 2929.14 of the Revised Code;	377

(14) A violation of division (A)(1) or (2) of section 2903.06	378
of the Revised Code if the offender has been convicted of or	379
pleaded guilty to three or more violations of division (A) or (B)	380
of section 4511.19 of the Revised Code or an equivalent offense,	381
as defined in section 2941.1415 of the Revised Code, or three or	382
more violations of any combination of those divisions and	383
offenses, with respect to the portion of the sentence imposed	384
pursuant to division (B)(6) of section 2929.14 of the Revised	385
Code;	386

(15) Kidnapping, in the circumstances specified in section	387
2971.03 of the Revised Code and when no other provision of	388
division (F) of this section applies;	389

(16) Kidnapping, abduction, compelling prostitution,	390
promoting prostitution, engaging in a pattern of corrupt activity,	391
illegal use of a minor in a nudity-oriented material or	392
performance in violation of division (A)(1) or (2) of section	393
2907.323 of the Revised Code, or endangering children in violation	394
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	395
the Revised Code, if the offender is convicted of or pleads guilty	396
to a specification as described in section 2941.1422 of the	397
Revised Code that was included in the indictment, count in the	398
indictment, or information charging the offense;	399

(17) A felony violation of division (A) or (B) of section	400
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	401
that section, and division (D)(6) of that section, require the	402
imposition of a prison term;	403

(18) A felony violation of section 2903.11, 2903.12, or	404
2903.13 of the Revised Code, if the victim of the offense was a	405
woman that the offender knew was pregnant at the time of the	406
violation, with respect to a portion of the sentence imposed	407
pursuant to division (B)(8) of section 2929.14 of the Revised	408
Code.	409

(G) Notwithstanding divisions (A) to (E) of this section, if	410
an offender is being sentenced for a fourth degree felony OVI	411
offense or for a third degree felony OVI offense, the court shall	412
impose upon the offender a mandatory term of local incarceration	413
or a mandatory prison term in accordance with the following:	414

(1) If the offender is being sentenced for a fourth degree	415
felony OVI offense and if the offender has not been convicted of	416
and has not pleaded guilty to a specification of the type	417
described in section 2941.1413 of the Revised Code, the court may	418
impose upon the offender a mandatory term of local incarceration	419
of sixty days or one hundred twenty days as specified in division	420
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	421
not reduce the term pursuant to section 2929.20, 2967.193, or any	422
other provision of the Revised Code. The court that imposes a	423
mandatory term of local incarceration under this division shall	424
specify whether the term is to be served in a jail, a	425
community-based correctional facility, a halfway house, or an	426
alternative residential facility, and the offender shall serve the	427
term in the type of facility specified by the court. A mandatory	428
term of local incarceration imposed under division (G)(1) of this	429
section is not subject to any other Revised Code provision that	430
pertains to a prison term except as provided in division (A)(1) of	431
this section.	432

(2) If the offender is being sentenced for a third degree	433
felony OVI offense, or if the offender is being sentenced for a	434
fourth degree felony OVI offense and the court does not impose a	435
mandatory term of local incarceration under division (G)(1) of	436
this section, the court shall impose upon the offender a mandatory	437
prison term of one, two, three, four, or five years if the	438
offender also is convicted of or also pleads guilty to a	439
specification of the type described in section 2941.1413 of the	440
Revised Code or shall impose upon the offender a mandatory prison	441
term of sixty days or one hundred twenty days as specified in	442
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	443
if the offender has not been convicted of and has not pleaded	444
guilty to a specification of that type. Subject to divisions (C)	445
to (I) of section 2967.19 of the Revised Code, the court shall not	446
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	447
any other provision of the Revised Code. The offender shall serve	448
the one-, two-, three-, four-, or five-year mandatory prison term	449
consecutively to and prior to the prison term imposed for the	450
underlying offense and consecutively to any other mandatory prison	451
term imposed in relation to the offense. In no case shall an	452
offender who once has been sentenced to a mandatory term of local	453
incarceration pursuant to division (G)(1) of this section for a	454
fourth degree felony OVI offense be sentenced to another mandatory	455
term of local incarceration under that division for any violation	456
of division (A) of section 4511.19 of the Revised Code. In	457
addition to the mandatory prison term described in division (G)(2)	458
of this section, the court may sentence the offender to a	459
community control sanction under section 2929.16 or 2929.17 of the	460
Revised Code, but the offender shall serve the prison term prior	461
to serving the community control sanction. The department of	462
rehabilitation and correction may place an offender sentenced to a	463
mandatory prison term under this division in an intensive program	464
prison established pursuant to section 5120.033 of the Revised	465
Code if the department gave the sentencing judge prior notice of	466
its intent to place the offender in an intensive program prison	467
established under that section and if the judge did not notify the	468
department that the judge disapproved the placement. Upon the	469
establishment of the initial intensive program prison pursuant to	470
section 5120.033 of the Revised Code that is privately operated	471
and managed by a contractor pursuant to a contract entered into	472
under section 9.06 of the Revised Code, both of the following	473
apply:	474

(a) The department of rehabilitation and correction shall	475
make a reasonable effort to ensure that a sufficient number of	476
offenders sentenced to a mandatory prison term under this division	477
are placed in the privately operated and managed prison so that	478
the privately operated and managed prison has full occupancy.	479

(b) Unless the privately operated and managed prison has full	480
occupancy, the department of rehabilitation and correction shall	481
not place any offender sentenced to a mandatory prison term under	482
this division in any intensive program prison established pursuant	483
to section 5120.033 of the Revised Code other than the privately	484
operated and managed prison.	485

(H) If an offender is being sentenced for a sexually oriented	486
offense or child-victim oriented offense that is a felony	487
committed on or after January 1, 1997, the judge shall require the	488
offender to submit to a DNA specimen collection procedure pursuant	489
to section 2901.07 of the Revised Code.	490

(I) If an offender is being sentenced for a sexually oriented	491
offense or a child-victim oriented offense committed on or after	492
January 1, 1997, the judge shall include in the sentence a summary	493
of the offender's duties imposed under sections 2950.04, 2950.041,	494
2950.05, and 2950.06 of the Revised Code and the duration of the	495
duties. The judge shall inform the offender, at the time of	496
sentencing, of those duties and of their duration. If required	497
under division (A)(2) of section 2950.03 of the Revised Code, the	498
judge shall perform the duties specified in that section, or, if	499
required under division (A)(6) of section 2950.03 of the Revised	500
Code, the judge shall perform the duties specified in that	501
division.	502

(J)(1) Except as provided in division (J)(2) of this section,	503
when considering sentencing factors under this section in relation	504
to an offender who is convicted of or pleads guilty to an attempt	505
to commit an offense in violation of section 2923.02 of the	506
Revised Code, the sentencing court shall consider the factors	507
applicable to the felony category of the violation of section	508
2923.02 of the Revised Code instead of the factors applicable to	509
the felony category of the offense attempted.	510

(2) When considering sentencing factors under this section in	511
relation to an offender who is convicted of or pleads guilty to an	512
attempt to commit a drug abuse offense for which the penalty is	513
determined by the amount or number of unit doses of the controlled	514
substance involved in the drug abuse offense, the sentencing court	515
shall consider the factors applicable to the felony category that	516
the drug abuse offense attempted would be if that drug abuse	517
offense had been committed and had involved an amount or number of	518
unit doses of the controlled substance that is within the next	519
lower range of controlled substance amounts than was involved in	520
the attempt.	521

(K) As used in this section:

522

(1) "Drug abuse offense" has the same meaning as in section	523
2925.01 of the Revised Code.	524

(2) "Qualifying assault offense" means a violation of section	525
2903.13 of the Revised Code for which the penalty provision in	526
division (C)(8)(b) or (C)(9)(b) of that section applies.	527

(L) At the time of sentencing an offender for any sexually	528
oriented offense, if the offender is a tier III sex	529
offender/child-victim offender relative to that offense and the	530
offender does not serve a prison term or jail term, the court may	531
require that the offender be monitored by means of a global	532
positioning device. If the court requires such monitoring, the	533
cost of monitoring shall be borne by the offender. If the offender	534
is indigent, the cost of compliance shall be paid by the crime	535
victims reparations fund.	536

Sec. 5120.037.  (A) As used in this section and section	537
5120.0371 of the Revised Code:	538

(1) "Goods" means materials, merchandise, products, and	539
components of other goods that are designed, manufactured,	540
constructed, or assembled, in whole or in part. "Goods" does not	541
include agricultural products.	542

(2) "Community-based correctional facility," "community	543
control sanction," "jail," "jail term," "offender," "prison,"	544
"prison term," and "stated prison term" have the same meanings as	545
in section 2929.01 of the Revised Code.	546

(3) "Local repayment, retraining, and reclamation factory"	547
means a repayment, retraining, and reclamation factory established	548
and operated under section 5120.0371 of the Revised Code.	549

(4) "Repayment, retraining, and reclamation factory" means a	550
repayment, retraining, and reclamation factory established and	551
operated under division (J) of this section.	552

(5) "Repayment, retraining, and reclamation prison" means a	553
prison where a pilot work program is operated by the department of	554
rehabilitation and correction.	555

(6) "School district" means a city, exempted village, local,	556
or joint vocational school district.	557

(7) "Senior staff" means a staff member at a repayment,	558
retraining, and reclamation factory, pilot work program	559
established at a repayment, retraining, and reclamation prison, or	560
local repayment, retraining, and reclamation factory, who is not	561
covered by an employee collective bargaining agreement, who is	562
hired by, and is an employee at will of, the manager of a	563
repayment, retraining, and reclamation factory, pilot work program	564
operated at a repayment, retraining, and reclamation prison, or	565
local repayment, retraining, and reclamation factory, and whom the	566
manager has made responsible in part for the operation of the	567
pilot work program at the repayment, retraining, and reclamation	568
factory, repayment, retraining, and reclamation prison, or local	569
repayment, retraining, and reclamation factory.	570

(8) "State agency" means any department, board, office,	571
commission, agency, college, university, institution, or other	572
instrumentality of this or another state.	573

(9) "State and local governments" includes all of the	574
following:	575

(a) A state, county, township, city, or village;

576

(b) A state agency;

577

(c) The office of an elected officer of a county, township,	578
city, or village;	579

(d) A department, board, office, commission, agency,	580
institution, or other instrumentality of a county, township, city,	581
or village;	582

(e) A school district.

583

(B)(1) The department of rehabilitation and correction shall	584
establish and operate a pilot work program within two years after	585
the effective date of this section. For a period beginning at the	586
time the department establishes and begins to operate the pilot	587
work program and ending not later than four years after the	588
effective date of this section, the department shall operate a	589
pilot work program that is capable of accommodating a minimum of	590
fifty per cent of all eligible offenders who apply to participate	591
in the pilot work program. Not later than four years after the	592
effective date of this section, the department shall operate a	593
pilot work program that is capable of accommodating a minimum of	594
eighty per cent of all eligible offenders who apply to participate	595
in the pilot work program. The department shall not establish or	596
operate the pilot work program as a work program under sections	597
5145.16 to 5145.163 of the Revised Code or under any other work	598
program for offenders that is in operation on the effective date	599
of this section. The department may appoint a trustee or board of	600
directors to supervise the operation of the pilot work program.	601

(2) The pilot work program shall have the following goals:

602

(a) To reduce state spending on the costs of incarcerating	603
offenders in detention facilities without affecting public safety	604
by using revenue obtained from the work of pilot work program	605
participants for the costs of incarceration;	606

(b) To provide job training to pilot work program	607
participants and assist pilot work program participants in	608
obtaining occupational and professional licenses and certificates	609
in order to improve pilot work program participants' employability	610
following their release from confinement and reduce participants'	611
rate of recidivism;	612

(c) To reclaim the production of goods not made in the United	613
States in order to reduce the nation's trade deficit;	614

(d) To create, directly and indirectly, manufacturing jobs in	615
this state.	616

(C)(1)(a) An offender who is sentenced to a prison term for	617
one or more felonies of the third, fourth, or fifth degree, none	618
of which is an offense of violence, is an eligible offender and	619
may participate in the pilot work program at a repayment,	620
retraining, and reclamation factory established and operated under	621
division (J) of this section if the offender has more than two	622
months remaining on the offender's prison term or remaining on the	623
offender's prison term in combination with any remaining term in a	624
community-based correctional facility imposed on the offender by a	625
sentencing court as part of a community residential sanction.	626

(b) An offender who is sentenced to a community control	627
sanction under division (B) of section 2929.13 of the Revised Code	628
for a felony of the fourth or fifth degree that is not an offense	629
of violence is not eligible to participate in the pilot work	630
program.	631

(2) An offender who is sentenced to a prison term for one or	632
more felonies is an eligible offender and may participate in a	633
pilot work program established at a repayment, retraining, and	634
reclamation prison under division (K) of this section if the	635
offender has more than two months remaining on the offender's	636
prison term or remaining on the offender's prison term in	637
combination with any remaining term in a community-based	638
correctional facility imposed on the offender by a sentencing	639
court as part of a community residential sanction.	640

(3) The department may, based on documented safety, behavior,	641
and performance concerns, designate an offender who is eligible to	642
participate in the pilot work program under division (C)(1) or (2)	643
of this section as an ineligible offender, but shall not	644
unreasonably withhold an offender's eligibility.	645

(D)(1) An eligible offender is not required to participate in	646
the pilot work program.	647

(2) An eligible offender serving a sentence in a prison who	648
wishes to participate in the pilot work program shall submit an	649
application to participate in the pilot work program to the	650
department of rehabilitation and correction. The department shall	651
adopt rules pursuant to Chapter 119. of the Revised Code governing	652
the application process under this division.	653

(3) An offender who wishes to participate in the pilot work	654
program may submit an application to participate in the pilot work	655
program to the department of rehabilitation and correction prior	656
to sentencing. The department shall adopt rules pursuant to	657
Chapter 119. of the Revised Code governing the application process	658
under this division.	659

(4) The rules adopted under divisions (D)(2) and (3) of this	660
section shall include provisions that ensure that all offenders	661
are made aware of the pilot work program at least forty-eight	662
hours prior to the deadline for submitting an application prior to	663
sentencing and receive notice that the sentencing court may	664
include as part of the offender's sentence a sentence of up to	665
one-half of the stated prison term, subject to the limits set	666
forth in division (E)(1)(b)(ii) of this section, that the court	667
may require the offender to serve if the department removes the	668
offender from the pilot work program.	669

(E)(1)(a) The department of rehabilitation and correction	670
shall review all applications submitted to the department pursuant	671
to division (D)(2) of this section. The department shall adopt	672
rules pursuant to Chapter 119. of the Revised Code governing the	673
department's review of applications and the department's	674
identification of those applicants who are best suited to	675
participate in the pilot work program. The department shall give	676
all applicants who are eligible offenders equal access to the	677
pilot work program and shall not differentiate between applicants	678
based on educational level, chronic physical or mental illness, or	679
gender. The department shall select participants for the pilot	680
work program from those eligible offenders identified as best	681
suited to participate in the pilot work program and place those	682
participants in the pilot work program in available vacancies in	683
repayment, retraining, and reclamation factories and pilot work	684
programs established at repayment, retraining, and reclamation	685
prisons in accordance with divisions (C), (D), and (E) of this	686
section. The department shall adopt rules pursuant to Chapter 119.	687
of the Revised Code governing the department's selection of	688
eligible offenders to participate in the pilot work program from	689
those identified as best suited to participate in the pilot work	690
program. The department may use a variety of means to determine an	691
offender's suitability to participate in the pilot work program,	692
including, but not limited to, Ohio risk assessment system tools	693
and scores.	694

(b)(i) The department shall set a uniform deadline for an	695
offender's submission of an application pursuant to division	696
(D)(3) of this section. If an offender submits the application	697
prior to the deadline set by the department, the department shall	698
review the offender's application prior to the offender's	699
sentencing. The department shall determine the offender's	700
suitability to participate in the pilot work program and provide	701
written notice to the offender and the sentencing court of the	702
department's determination by a time prior to the offender's	703
sentencing that is adequate for the offender's and court's	704
consideration of the notice. The department may use a variety of	705
means to determine an offender's suitability to participate in the	706
pilot work program, including, but not limited to, Ohio risk	707
assessment system tools and scores. The deadline set by the	708
department for an offender's submission of an application pursuant	709
to division (D)(3) of this section shall be a minimum number of	710
days prior to the offender's sentencing that is sufficient to	711
allow the department to review the application, determine the	712
offender's suitability to participate in the pilot work program,	713
and provide written notification of the department's determination	714
of the offender's suitability to participate in the pilot work	715
program to the offender and the sentencing court by a time prior	716
to the offender's sentencing that is adequate for the offender's	717
and court's consideration of the notice. The department shall	718
adopt rules pursuant to Chapter 119. of the Revised Code governing	719
the department's review of the applications submitted pursuant to	720
division (D)(3) of the section, the means used to determine the	721
offender's suitability to participate in the pilot work program,	722
and for the provision of the written notification to the offender	723
and sentencing court.	724

(ii) The sentencing court shall consider the written notice	725
received from the department when sentencing the offender. If the	726
court sentences the offender to a prison term of more than two	727
months, the offender is an eligible offender under division (C) of	728
this section, the department has determined both that the offender	729
is suitable to participate in the pilot work program and that the	730
department has an available vacancy in a pilot work program	731
established at a repayment, retraining, and reclamation prison or	732
at a repayment, retraining, and reclamation factory, and the	733
department has provided written notification of the department's	734
determination to the sentencing court, the court may order the	735
department to accept the offender as a participant in the pilot	736
work program. The sentencing court may include as part of the	737
offender's sentence an additional sentence of up to one-half of	738
the stated prison term that the court may require the offender to	739
serve if the offender's participation in the pilot work program is	740
ended under division (M) of this section. The additional sentence	741
shall not exceed in combination with the stated prison term the	742
maximum prison term that the court may impose for the offense	743
under Chapter 2929. of the Revised Code. The department shall	744
place these offenders in available vacancies in repayment,	745
retraining, and reclamation factories and pilot work programs	746
established at repayment, retraining, and reclamation prisons,	747
subject to the offender being an eligible offender under division	748
(C) of this section at the time that a vacancy becomes available.	749
The court retains jurisdiction over these offenders for purposes	750
of imposing penalties under division (M) of this section if the	751
offender's participation in the pilot work program is ended. If	752
the court does not order the department to accept the offender as	753
a participant in the pilot work program, the offender may submit	754
one application to participate in the pilot work program under	755
division (D)(2) of this section while serving the offender's	756
sentence in prison.	757

(2) The department shall prioritize the placement of the	758
offenders whom the department has selected to participate in the	759
pilot work program. The department shall place the participants in	760
the following order of priority:	761

(a) Participants who applied to participate in the pilot work	762
program prior to the participant's sentencing in a county where a	763
repayment, retraining, and reclamation factory is in operation;	764

(b) Participants who applied to participate in the pilot work	765
program prior to the participant's sentencing in a county adjacent	766
to a county where a repayment, retraining, and reclamation factory	767
is in operation;	768

(c) Participants who applied to participate in the pilot work	769
program prior to the participant's sentencing in a county other	770
than a county where a repayment, retraining, and reclamation	771
factory is in operation or a county adjacent to a county where a	772
repayment, retraining, and reclamation factory is in operation;	773

(d) Participants confined in a prison.

774

(3) A sentencing court may consider an offender's submission	775
prior to sentencing of an application to participate in the pilot	776
work program in determining the sentence to be imposed on an	777
offender.	778

(F)(1) Participants in the pilot work program shall	779
manufacture goods at repayment, retraining, and reclamation	780
factories and repayment, retraining, and reclamation prisons.	781

(2)(a) The department of rehabilitation and correction shall	782
pay a participant in the pilot work program for the participant's	783
work in the pilot work program at the same rate paid to	784
participants in work programs established under section 5145.16 of	785
the Revised Code. The department shall designate a financial	786
manager for the pilot work program.	787

(b) The net earnings of a participant in the pilot work	788
program shall be allocated in the same manner as the earnings of	789
participants in work programs under section 5145.16 of the Revised	790
Code. Twenty-five per cent of the earnings allocated to the	791
account of the participant shall be held by a financial manager in	792
accordance with divisions (F)(2)(c) and (d) of this section.	793

(c) The financial manager shall hold the earnings surrendered	794
by a participant on behalf of the participant, place the earnings	795
surrendered by each participant in a separate account, and provide	796
a monthly account statement to the participant. The financial	797
manager shall place a participant's earnings in an	798
interest-bearing savings account at a savings bank or in a bond	799
account invested in bonds issued by the United States treasury,	800
this state, or a political subdivision of this state that is	801
chosen by the participant.	802

(d) The financial manager shall pay out the total funds held	803
on behalf of a participant to the participant upon the	804
participant's release from incarceration. The financial manager	805
shall maintain complete and accurate records with respect to all	806
money received from and paid out to participants.	807

(G)(1) The director of rehabilitation and correction or the	808
director's designee shall determine the goods to be manufactured	809
by the participants in the pilot work program at each repayment,	810
retraining, and reclamation factory and repayment, retraining, and	811
reclamation prison. If required by division (G)(2)(d) or (3)(f) of	812
this section, the department shall discontinue the pilot work	813
program's manufacture of the good, and the director or the	814
director's designee shall determine a different good to be	815
manufactured at the repayment, retraining, and reclamation	816
factories and repayment, retraining, and reclamation prisons that	817
had been manufacturing the discontinued good.	818

(2)(a) Subject to division (G)(2)(c) of this section, in	819
determining the goods to be manufactured at each repayment,	820
retraining, and reclamation factory and repayment, retraining, and	821
reclamation prison, the director or the director's designee shall	822
consider only those goods that the director or the director's	823
designee determines can be produced by participants and sold for	824
profit on the open market on a competitive basis. The director or	825
the director's designee shall consider all of the following	826
factors in determining the goods to be manufactured:	827

(i) The potential for the department to make the most profit	828
from the good among the goods being considered, based on all	829
business factors and projections and the skills that participants	830
must have in order to produce the good;	831

(ii) The likelihood that the department will be required to	832
end the production of the good;	833

(iii) The potential that the production of the good will	834
provide the greatest opportunity for participants engaged in the	835
good's production to obtain transferable skills and professional	836
or occupational certificates and licenses.	837

(b) The department shall determine whether a good under	838
consideration for manufacture by the pilot work program, or a	839
substantially similar good, is being manufactured in the United	840
States, and, if the good under consideration or a substantially	841
similar good is being manufactured in the United States, the	842
percentage of the world's total production of the good and any	843
substantially similar good that is being manufactured in the	844
United States. Goods manufactured in the United States by criminal	845
offenders participating in other federal, state, and local work	846
programs shall not be included in the determination of the	847
percentage of the world's total production of a good and any	848
substantially similar good being manufactured in the United States	849
for purposes of this division.	850

(c) In determining the goods to be manufactured by the pilot	851
work program, except as otherwise provided in this division, the	852
director or the director's designee shall choose goods that are	853
not being manufactured, and that are not substantially similar to	854
goods being manufactured, in the United States. However, the	855
director or the director's designee may choose a good that is	856
being manufactured in the United States or that is substantially	857
similar to a good that is being manufactured in the United States	858
if not more than one-half of one per cent of the world's total	859
production of the good was manufactured in the United States over	860
the preceding three years if the director has reason to believe	861
that one or more manufacturers are manufacturing the good in the	862
United States with the intent of preventing the pilot work program	863
from manufacturing the good and any substantially similar good due	864
to the restriction in this division on the choice of a good that	865
is being manufactured in the United States. In making a	866
determination under this division, the director or the director's	867
designee shall examine the following factors:	868

(i) The ownership, parent, affiliates and subsidiaries, and	869
management of the manufacturers;	870

(ii) The source of capital of the manufacturers;

871

(iii) The net profits and projected net profits of the	872
manufacturers;	873

(iv) The date manufacturing began;

874

(v) The relationship of the manufacturers to the world's	875
large foreign manufacturers;	876

(vi) The independence of the manufacturers;

877

(vii) Other factors and circumstances relevant to the	878
determination.	879

(d) Every ten years after the manufacture of a good by	880
participants in the pilot work program begins at a repayment,	881
retraining, and reclamation factory or repayment, retraining, and	882
reclamation prison, the department shall determine whether more	883
than one per cent of the world's total production of the good and	884
substantially similar goods are being profitably manufactured in	885
the United States. If more than one per cent of the world's total	886
production of the good and substantially similar goods are being	887
profitably manufactured in the United States at that time, the	888
department shall discontinue the pilot work program's manufacture	889
of that good, and the director or the director's designee shall	890
determine in accordance with division (G)(2)(c) of this section a	891
different good to be manufactured at the repayment, retraining,	892
and reclamation factories and repayment, retraining, and	893
reclamation prisons that had been manufacturing the discontinued	894
good.	895

(e) In any legal proceeding challenging the department's	896
determination of a good to be manufactured by the participants in	897
the pilot work program, a court shall use objective market data to	898
determine the percentage of the good and substantially similar	899
goods that are being manufactured in the United States. The court	900
shall make its determination in an expeditious manner but shall	901
not issue an injunction against the pilot work program's	902
manufacture of the selected good prior to the court's	903
determination.	904

(3)(a) The department may contract with a private individual,	905
corporation, partnership, or association for work for participants	906
in the pilot work program that involves the assembly, processing,	907
manufacture, or repair of parts or components for goods being	908
manufactured or produced by the contracting party if the director	909
or the director's designee determines that the pilot work program	910
is unable or is not likely to produce a good that can be sold for	911
profit on the open market on a competitive basis or determines	912
that such a contract would better meet the needs and obtain the	913
goals of the pilot work program. All contracts shall be made in	914
writing. The department shall use any profits resulting from the	915
contract to pay the expenses of the pilot work program. The	916
contract shall comply with the Revised Code and federal law.	917

(b) The department shall advertise for written contract	918
offers in a newspaper of general circulation in the county where	919
the participants would be engaged in the assembly, processing,	920
manufacture, or repair of the parts or components. The department	921
shall adopt rules under Chapter 119. of the Revised Code	922
pertaining to the advertisement for and receipt of contract	923
offers.	924

(c) The director or the director's designee shall consider	925
only work that will meet the needs and obtain the goals of the	926
pilot work program. The director or the director's designee, and	927
any other person involved in reviewing contract offers, shall	928
consider all of the following factors prior to entering into the	929
contract:	930

(i) The amount of profit the department would make from	931
entering into and participating in the contract;	932

(ii) The skills that participants must have in order to	933
assemble, process, manufacture, or repair the parts or components	934
that would be assembled, processed, manufactured, or repaired	935
under the contract;	936

(iii) The likelihood that the department will be required to	937
end the assembly, processing, manufacture, or repair of the parts	938
or components for the contracting party;	939

(iv) The opportunity for participants engaged in the	940
assembly, processing, manufacture, or repair of the parts or	941
components to obtain transferable skills and professional or	942
occupational certificates and licenses.	943

(d) The director or the director's designee may reject any or	944
all of the initial contract offers. If the director or the	945
director's designee rejects all of the initial contract offers,	946
the department shall readvertise for contract offers and may	947
continue to readvertise for contract offers until the director or	948
the director's designee enters into a contract for work under	949
division (G)(3) of this section or elects to proceed under	950
division (G)(2) of this section.	951

(e) No person involved in the selection of a contract for a	952
work project for participants in the pilot work program shall have	953
any interest, directly or indirectly, in any contract or lease	954
entered into by the department.	955

(f) If the contracting party ends the manufacture or	956
production of the goods or components that were the subject of the	957
contract or at the end of the contract unless the contract is	958
renewed, the department shall discontinue the pilot work program's	959
manufacture of the parts or components, and the director or the	960
director's designee shall determine a different good to be	961
manufactured at the repayment, retraining, and reclamation	962
factories and repayment, retraining, and reclamation prisons that	963
had been manufacturing the parts or components.	964

(H)(1) If the department of rehabilitation and correction	965
manufactures a good selected pursuant to division (G)(2) of this	966
section, the department shall sell the goods manufactured by the	967
pilot work program on the open market in this state for the	968
greatest possible profit. The department shall use any profit	969
resulting to pay the expenses of the pilot work program. The	970
department shall pay any expenses of the pilot work program that	971
are not paid from the profit resulting from the operation of the	972
pilot work program.	973

(2) The department may actively market the goods manufactured	974
by the pilot work program pursuant to division (G)(2) of this	975
section to the federal government, the state and local governments	976
of this state, state and local governments of other states, the	977
District of Columbia, and all not-for-profit organizations in the	978
United States or elsewhere.	979

(3) The department shall not transport or arrange for the	980
transportation of the goods in interstate commerce in violation of	981
18 U.S.C. 1761. The department shall attempt to obtain a waiver	982
from the federal government from the provisions of 18 U.S.C. 1761	983
or find an alternative method for legally transporting and selling	984
the goods manufactured by the pilot work program on the open	985
market in other states and countries. If the department obtains a	986
waiver from the federal government, the department may sell the	987
goods manufactured by the pilot work program on the open market in	988
other states and countries.	989

(4) The department may acquire or develop intellectual	990
property of any kind in connection with the operation of the pilot	991
work program, including, but not limited to, patents, inventions,	992
discoveries, processes, or ideas, subject to the discretion of the	993
director or the director's designee, and may apply for and secure	994
patents from the United States patent and trademark office. The	995
department may protect the department's patent rights in	996
accordance with Title 35 of the United States Code.	997

(I)(1) The department of rehabilitation and correction, to	998
the extent consistent with the operation of the pilot work	999
program, shall assist participants in learning a trade or in	1000
obtaining a certificate or license to engage in an occupation or	1001
profession.	1002

(2) The department shall maintain records of a participant's	1003
work history in the pilot work program, including, but not limited	1004
to, the department's monthly performance ratings of the	1005
participant, and shall provide these records to an employer at the	1006
request of the participant.	1007

(J)(1)(a) Each county in which a repayment, retraining, and	1008
reclamation factory is established and operated shall have a	1009
population in excess of five hundred thousand. Each repayment,	1010
retraining, and reclamation factory shall be designed to	1011
accommodate at least one thousand participants.	1012

(b) The department shall not operate a repayment, retraining,	1013
and reclamation factory in or on the grounds of a prison or jail.	1014
The department shall locate the repayment, retraining, and	1015
reclamation factories in a variety of urban, suburban, and rural	1016
locations that are at least one mile from a prison.	1017

(c) The department shall construct, renovate, or acquire	1018
housing near each repayment, retraining, and reclamation factory	1019
that is within walking distance from the repayment, retraining,	1020
and reclamation factory. Participants residing in the housing	1021
shall be under the custody of the department. The housing and	1022
repayment, retraining, and reclamation factory shall have minimal	1023
security and maximum flexibility to achieve maximum productivity.	1024

(2)(a) The department shall appoint or hire managers who	1025
shall be responsible for the operation of each repayment,	1026
retraining, and reclamation factory and each pilot work program	1027
established at a repayment, retraining, and reclamation prison.	1028
The department shall set the salary of the managers. The manager	1029
of a repayment, retraining, and reclamation factory shall have the	1030
authority to hire and fire the senior staff at the repayment,	1031
retraining, and reclamation factory at the manager's discretion.	1032
The manager of a pilot work program at a repayment, retraining,	1033
and reclamation prison shall have the authority to hire and fire	1034
the pilot work program senior staff at the manager's discretion.	1035
The manager shall set the salaries of the senior staff. The	1036
salaries shall not exceed the manager's salary. If the department	1037
objects to any of the salaries set by the manager for senior	1038
staff, the salary must be approved by the controlling board.	1039

(b) The department shall award a bonus to the manager and	1040
senior staff of a repayment, retraining, and reclamation factory	1041
or a pilot work program operated at a repayment, retraining, and	1042
reclamation prison based on the net profit resulting from the	1043
operation of that repayment, retraining, and reclamation factory	1044
or that pilot work program. Twenty per cent of the net profit	1045
shall be awarded to the manager and senior staff, weighted based	1046
on salary.	1047

(3)(a) The department shall be responsible for the	1048
construction and renovation of manufacturing facilities at	1049
repayment, retraining, and reclamation factories, as needed. The	1050
department may enter into any contracts and perform any other	1051
functions necessary for the construction of repayment, retraining,	1052
and reclamation factories or may require the department of	1053
administrative services to enter into a lease-purchase plan under	1054
division (A)(10) of section 123.01 of the Revised Code providing	1055
for the construction of a repayment, retraining, and reclamation	1056
factory and the lease of the factory to the department of	1057
rehabilitation and correction.	1058

(b) The department may enter into any contracts and perform	1059
any other functions necessary for the operation and maintenance of	1060
repayment, retraining, and reclamation factories and for the	1061
renovation of manufacturing facilities at repayment, retraining,	1062
and reclamation factories as needed.	1063

(c) At the discretion of the director, a participant in the	1064
pilot work program may assist in the construction or renovation of	1065
a repayment, retraining, and reclamation factory. To the extent	1066
practical, participants in the pilot work program shall provide	1067
maintenance, cleaning, and dietary services at repayment,	1068
retraining, and reclamation factories and at repayment,	1069
retraining, and reclamation prisons to make repayment, retraining,	1070
and reclamation factories and repayment, retraining, and	1071
reclamation prisons as self-sufficient as possible, unless the	1072
director determines it is more profitable, on a per-participant	1073
basis, to contract for services. The director's determination	1074
shall be included in the written report distributed to each member	1075
of the general assembly under division (N)(1) of this section.	1076

(4) A repayment, retraining, and reclamation factory	1077
qualifies as a community-based correctional facility and program	1078
and may receive awards from the local government innovation fund	1079
as a local government innovation project.	1080

(5) A repayment, retraining, and reclamation factory	1081
qualifies as a state correctional institution for purposes of	1082
section 103.73 of the Revised Code.	1083

(6) The state highway patrol shall investigate any criminal	1084
offense that allegedly has been committed in or on the grounds of,	1085
or in connection with, a repayment, retraining, and reclamation	1086
factory.	1087

(7) The department shall provide security at repayment,	1088
retraining, and reclamation factories.	1089

(K) The department of rehabilitation and correction, with the	1090
authorization of the director of the department, may establish and	1091
operate the pilot work program in any prison. The director shall	1092
not authorize the operation of a pilot work program at a prison	1093
unless the director determines that the pilot work program can be	1094
operated profitably at the prison and a sufficient number of	1095
participants and qualified applicants are available as necessary	1096
for the operation of the pilot work program.	1097

(L) Subject to section 2929.14 of the Revised Code or any	1098
other section of the Revised Code that prohibits the reduction of	1099
a prison term, a participant serving a prison term for one or more	1100
offenses shall earn one day of credit as a deduction from the	1101
participant's prison term for each day during which the	1102
participant productively participates in the pilot work program at	1103
a repayment, retraining, and reclamation factory. The department	1104
of rehabilitation and correction shall adopt rules pursuant to	1105
Chapter 119. of the Revised Code defining what constitutes	1106
productive participation and setting procedures for determining	1107
whether a participant is productively participating in the pilot	1108
work program.	1109

(M)(1)(a) If a participant at a repayment, retraining, and	1110
reclamation factory or repayment, retraining, and reclamation	1111
prison violates any of the rules adopted by the department of	1112
rehabilitation and correction for the operation of the pilot work	1113
program, the director of the department or, if authorized by the	1114
director, the manager of the participant's repayment, retraining,	1115
and reclamation factory or pilot work program at a repayment,	1116
retraining, and reclamation prison, may end the offender's	1117
participation in the pilot work program. The director may end any	1118
offender's participation in the pilot work program, at the	1119
director's discretion, at any time. A participant has no property	1120
right in the participant's selection to or participation in the	1121
pilot work program.	1122

(b) A participant may resign from the pilot work program at	1123
any time by submitting notice of the participant's resignation to	1124
the department of rehabilitation and correction or the manager of	1125
the participant's repayment, retraining, and reclamation factory	1126
or pilot work program at a repayment, retraining, and reclamation	1127
prison. The participant's resignation may be considered by the	1128
department if the offender applies to participate in the pilot	1129
work program at a later date.	1130

(2) The department shall return a participant who resigns	1131
from the pilot work program to prison to serve the remainder of	1132
the offender's prison term. If the director or the manager of a	1133
participant's repayment, retraining, and reclamation factory or	1134
pilot work program at a repayment, retraining, and reclamation	1135
prison ends an offender's participation in the pilot work program	1136
and the offender was selected to participate in the pilot work	1137
program under division (E)(1) of this section, the department	1138
shall return the offender to prison to serve the remainder of the	1139
offender's prison term except as provided in division (M)(3) of	1140
this section.	1141

(3) If the director or the manager of a participant's	1142
repayment, retraining, and reclamation factory or pilot work	1143
program at a repayment, retraining, and reclamation prison ends an	1144
offender's participation in the pilot work program due to the	1145
offender's violation of the rules adopted by the department under	1146
division (O) of this section, the department shall notify the	1147
offender's sentencing court, and the sentencing court shall return	1148
the offender to prison to serve the remainder of the offender's	1149
prison term and may impose any additional prison term that the	1150
court included in the offender's sentence under division	1151
(E)(1)(b)(ii) of this section.	1152

(N)(1) Each fifth year after the establishment of the pilot	1153
work program, the director of rehabilitation and correction shall	1154
prepare a written report on the operation of the pilot work	1155
program. The report shall contain the director's recommendations	1156
for the operation of the pilot work program. The department shall	1157
distribute a copy of the director's report to each member of the	1158
general assembly.	1159

(2) Annually after the establishment of the pilot work	1160
program, the director of rehabilitation and correction shall	1161
prepare a written report on the effectiveness of the pilot work	1162
program, the condition of the finances of the pilot work program,	1163
the impact of the pilot work program on the rate of recidivism of	1164
those participants in the pilot work program who did not resign	1165
from and were not removed from the pilot work program, and all	1166
direct and indirect financial savings that result from the	1167
operation of the pilot work program.	1168

(O) The department of rehabilitation and correction may adopt	1169
pursuant to Chapter 119. of the Revised Code any rules not	1170
otherwise required by this section that are necessary to implement	1171
and operate the pilot work program. Rules adopted by the	1172
department pursuant to section 5145.03 of the Revised Code shall	1173
not apply to the pilot work program.	1174

(P) All records pertaining to the establishment and operation	1175
of the pilot work program kept by any public office are public	1176
records as defined in section 149.43 of the Revised Code.	1177

Sec. 5120.0371. (A)(1) At any time after two years after the	1178
effective date of this section, a board of county commissioners,	1179
by resolution, may establish a local pilot work program and	1180
establish and operate a local repayment, retraining, and	1181
reclamation factory or may enter into a contract with one or more	1182
counties to establish a local pilot work program and establish and	1183
operate a local repayment, retraining, and reclamation factory, if	1184
the county, or the counties that have entered into such an	1185
agreement determine that the county or counties will be able to do	1186
both of the following:	1187

(a) Establish and operate a local repayment, retraining, and	1188
reclamation factory that can accommodate a minimum of five hundred	1189
participants;	1190

(b) Fill a minimum of eighty per cent of the local repayment,	1191
retraining, and reclamation factory's positions for a minimum	1192
period of ten years.	1193

(2) The state shall fund all local repayment, retraining, and	1194
reclamation factories established under this division from the	1195
same line item appropriation amount in each biennial operating	1196
appropriation act that funds community-based correctional	1197
facilities, if the county or counties substantiate that the county	1198
or counties are able to establish and operate a local repayment,	1199
retraining, and reclamation factory in accordance with division	1200
(A)(1) of this section. All profits resulting from the operation	1201
of a local repayment, retraining, and reclamation factory shall be	1202
deposited into the state treasury to the credit of the fund that	1203
funds community-based correctional facilities.	1204

(3) The sheriff of the county in which the local repayment,	1205
retraining, and reclamation factory is located shall supervise the	1206
local pilot work program and the operation of the local repayment,	1207
retraining, and reclamation factory.	1208

(B) A local pilot work program shall have the following	1209
goals:	1210

(1) To reduce county spending on the costs of incarcerating	1211
misdemeanants in jails without affecting public safety;	1212

(2) To provide job training to local pilot work program	1213
participants and assist local pilot work program participants in	1214
obtaining occupational and professional licenses and certificates	1215
in order to improve a local pilot work program participant's	1216
employability following the participant's release from jail or	1217
completion of the participant's period of community control	1218
sanctions;	1219

(3) To reclaim the production of goods not made in the United	1220
States in order to reduce the nation's trade deficit;	1221

(4) To create, directly and indirectly, manufacturing jobs in	1222
the state.	1223

(C)(1) If an offender is convicted of or pleads guilty to a	1224
felony of the fourth or fifth degree that is not an offense of	1225
violence and has been sentenced to a community control sanction	1226
under section 2929.13 of the Revised Code or submits an	1227
application to participate in the local pilot work program prior	1228
to sentencing, or is convicted of or pleads guilty to one or more	1229
misdemeanors none of which is an offense of violence, the offender	1230
is eligible to participate in a local pilot work program at a	1231
local repayment, retraining, and reclamation factory established	1232
and operated under this section if the offender has not less than	1233
two months remaining on the term of the offender's community	1234
control sanction or jail term.	1235

(2) The sheriff may, based on documented safety, behavior,	1236
and performance concerns, designate an offender who is an eligible	1237
offender under division (C)(1) of this section as an ineligible	1238
offender, but shall not unreasonably withhold an offender's	1239
eligibility.	1240

(D)(1) An eligible offender is not required to participate in	1241
the local pilot work program.	1242

(2) An eligible offender serving a sentence in a jail or	1243
serving a community control sanction who wishes to participate in	1244
a local pilot work program shall submit an application to	1245
participate in the local pilot work program to the sheriff of the	1246
county in which a local repayment, retraining, and reclamation	1247
factory is established and operating. The sheriff shall adopt	1248
rules governing the application process under this division.	1249

(3) An eligible offender who wishes to participate in a local	1250
pilot work program may submit an application to participate in the	1251
local pilot work program to the sheriff of the county in which a	1252
local repayment, retraining, and reclamation factory is	1253
established and operating prior to sentencing. The sheriff shall	1254
adopt rules governing the application process under this division.	1255

(4) The rules adopted under division (D)(3) of this section	1256
shall include provisions that ensure that all eligible offenders	1257
are made aware of the local pilot work program at least	1258
forty-eight hours prior to the deadline for submitting an	1259
application prior to sentencing. The rules also shall include	1260
provisions that ensure that all eligible misdemeanants receive	1261
notice that the sentencing court may include as part of the	1262
misdemeanant's sentence a sentence of up to one-half of the	1263
offender's jail term, subject to the limits set forth in division	1264
(E)(1)(b)(iii) of this section, that the court may require the	1265
offender to serve if the sheriff removes the offender from the	1266
local pilot work program and that all eligible offenders sentenced	1267
to a community control sanction receive notice that the offender	1268
shall be required to serve the remainder of the offender's	1269
community control sanction if the sheriff removes the offender	1270
from the local pilot work program. The sheriff of the county in	1271
which an eligible offender will be sentenced shall provide the	1272
notices required by this division.	1273

(E)(1)(a)(i) The sheriff shall review all applications	1274
submitted to the sheriff pursuant to division (D)(2) of this	1275
section. The sheriff shall adopt rules governing the sheriff's	1276
review of the applications and the sheriff's identification of	1277
those applicants who are best suited to participate in the local	1278
pilot work program. The sheriff shall give all applicants who are	1279
eligible offenders equal access to the local pilot work program	1280
and shall not differentiate between applicants based on	1281
educational level, chronic physical or mental illness, or gender.	1282
The sheriff, with the written consent of the presiding or	1283
sentencing judge or magistrate of the court where the offender's	1284
sentence was imposed, may place those applicants who the sheriff	1285
identified as best suited to participate in the local pilot work	1286
program in available vacancies in local repayment, retraining, and	1287
reclamation factories in accordance with divisions (C), (D), and	1288
(E) of this section. The sheriff may use a variety of means to	1289
determine an offender's suitability to participate in the local	1290
pilot work program, including, but not limited to, Ohio risk	1291
assessment system tools and scores.	1292

(ii) The sheriff shall adopt rules governing the sheriff's	1293
selection of eligible offenders to participate in the local pilot	1294
work program from those identified as best suited to participate	1295
in the local pilot work program and for obtaining the written	1296
consent of the sentencing court.	1297

(b)(i) The sheriff shall set a uniform deadline for an	1298
offender's submission of an application pursuant to division	1299
(D)(3) of this section. If an offender submits the application	1300
prior to the deadline set by the sheriff, the sheriff or sheriff's	1301
designee shall review the offender's application prior to the	1302
offender's sentencing. The sheriff or sheriff's designee shall	1303
determine the offender's suitability to participate in the local	1304
pilot work program and provide written notice to the offender and	1305
the sentencing court of the sheriff's or sheriff designee's	1306
determination by a time prior to the offender's sentencing that is	1307
adequate for the offender's and court's consideration of the	1308
notice. The sheriff may use a variety of means to determine an	1309
offender's suitability to participate in the local pilot work	1310
program, including, but not limited to, Ohio risk assessment	1311
system tools and scores. The deadline set by the sheriff for the	1312
offender's submission of an application pursuant to division	1313
(D)(3) of this section shall be a minimum number of days prior to	1314
the offender's sentencing that is sufficient to allow the sheriff	1315
or sheriff's designee to review the application, determine the	1316
offender's suitability to participate in the local pilot work	1317
program, and provide written notification of the sheriff's or	1318
sheriff designee's determination of the offender's suitability to	1319
participate in the local pilot work program to the offender and	1320
the sentencing court prior to the offender's sentencing that is	1321
adequate for the offender's and court's consideration of the	1322
notice.	1323

(ii) The sheriff shall adopt rules governing the sheriff's or	1324
sheriff designee's review of the applications submitted pursuant	1325
to division (D)(3) of this section, the means used to determine	1326
the offender's eligibility to participate in the local pilot work	1327
program, and for the provision of the written notification to the	1328
offender and the sentencing court.	1329

(iii) The sentencing court shall consider the written	1330
notification received from the sheriff when sentencing the	1331
offender. If the court sentences the offender to a community	1332
control sanction or a jail term of more than two months, the	1333
offender is eligible to participate in a local pilot work program	1334
under division (C) of this section, the sheriff has determined	1335
both that the offender is suitable to participate in the local	1336
pilot work program and that the local repayment, retraining, and	1337
reclamation factory has an available vacancy, and the sheriff has	1338
provided written notification of the sheriff's determination to	1339
the sentencing court, the court may order the sheriff to accept	1340
the offender as a participant in the local pilot work program. The	1341
sentencing court may include as part of an offender's jail term an	1342
additional jail term of up to one-half of the stated jail term	1343
that the court may require the offender to serve if the offender's	1344
participation in the local pilot work program is ended under	1345
division (M) of this section. The additional sentence shall not	1346
exceed in combination with the stated jail term the maximum jail	1347
term that the court may impose for the offenses under Chapter	1348
2929. of the Revised Code. The sheriff or sheriff's designee shall	1349
place these offenders in available vacancies in the local	1350
repayment, retraining, and reclamation factory, subject to the	1351
offender being an eligible offender under division (C) of this	1352
section at the time that a vacancy becomes available. The court	1353
retains jurisdiction over these offenders for purposes of imposing	1354
penalties under division (M) of this section if the offender's	1355
participation in the local pilot work program is ended. If the	1356
court does not order the sheriff or sheriff's designee to accept	1357
the offender as a participant in the local pilot work program, the	1358
offender may submit one application to participate in the local	1359
pilot work program under division (D)(2) of this section while the	1360
offender is serving a jail term or community control sanction.	1361

(2) The sheriff shall prioritize the placement of the	1362
offenders whom the sheriff has selected to participate in the	1363
local pilot work program. The sheriff shall place the participants	1364
in the following order of priority:	1365

(a) Participants who applied to participate in the local	1366
pilot work program prior to the participant's sentencing in a	1367
county operating, or under contract with one or more other	1368
counties for the operation of, a local pilot work program and	1369
local repayment, retraining, and reclamation factory;	1370

(b) Participants confined in a jail located in a county	1371
operating, or under contract with one or more other counties for	1372
the operation of, a local pilot work program and local repayment,	1373
retraining, and reclamation factory;	1374

(c) Participants who applied to participate in the local	1375
pilot work program prior to the participant's sentencing in a	1376
county adjacent to a county operating, or under contract with one	1377
or more other counties for the operation of, a local pilot work	1378
program;	1379

(d) Participants confined in a jail located in a county	1380
adjacent to a county operating, or under contract with one or more	1381
other counties for the operation of, a local pilot work program;	1382

(e) Participants who applied to participate in the local	1383
pilot work program prior to the participant's sentencing in a	1384
county other than those identified in divisions (E)(2)(a) and (c)	1385
of this section;	1386

(f) Participants confined in a jail or serving a community	1387
control sanction in a county other than those identified in	1388
divisions (E)(2)(b) and (d) of this section.	1389

(3) A sentencing court may consider an offender's submission	1390
prior to sentencing of an application to participate in the local	1391
pilot work program in determining the sentence to be imposed on an	1392
offender.	1393

(F)(1) Participants in a local pilot work program shall	1394
manufacture goods at the local repayment, retraining, and	1395
reclamation factory.	1396

(2)(a) The sheriff shall pay a participant in the local pilot	1397
work program for the participant's work in the local pilot work	1398
program at the same rate paid to participants in work programs	1399
established under section 5145.16 of the Revised Code. The sheriff	1400
shall designate a financial manager for the local pilot work	1401
program.	1402

(b) The net earnings of a participant in the local pilot work	1403
program shall be allocated in the same manner as the earnings of	1404
participants in work programs under section 5145.16 of the Revised	1405
Code. Twenty-five per cent of the earnings allocated to the	1406
account of the participant shall be surrendered to and held by a	1407
financial manager in accordance with divisions (F)(2)(c) and (d)	1408
of this section.	1409

(c) The financial manager shall hold the earnings surrendered	1410
by a participant on behalf of the participant, place the earnings	1411
surrendered by each participant in a separate account, and provide	1412
a monthly account statement to the participant. The financial	1413
manager shall place a participant's earnings in an	1414
interest-bearing savings account at a savings bank or in a bond	1415
account invested in bonds issued by the United States treasury,	1416
this state, or a political subdivision of this state that is	1417
chosen by the participant.	1418

(d) The financial manager shall pay out the total funds held	1419
on behalf of a participant to the participant upon the	1420
participant's release from incarceration or completion of the	1421
participant's period of community control sanctions. The financial	1422
manager shall maintain complete and accurate records with respect	1423
to all money received from and paid out to participants.	1424

(G)(1) The sheriff or the sheriff's designee shall determine	1425
the goods to be manufactured by the participants in the local	1426
pilot work program at the local repayment, retraining, and	1427
reclamation factory. If required by division (G)(2)(d) or (3)(f)	1428
of this section, the sheriff shall discontinue the local pilot	1429
work program's manufacture of the good, and the sheriff or the	1430
sheriff's designee shall determine a different good to be	1431
manufactured at the local repayment, retraining, and reclamation	1432
factory that had been manufacturing the discontinued good.	1433

(2)(a) Subject to division (G)(2)(c) of this section, in	1434
determining the goods to be manufactured at the local repayment,	1435
retraining, and reclamation factory, the sheriff or the sheriff's	1436
designee shall consider only those goods that the sheriff or the	1437
sheriff's designee determines can be produced by participants and	1438
sold for profit on the open market on a competitive basis. The	1439
sheriff or the sheriff's designee shall consider all of the	1440
following factors in determining the goods to be manufactured:	1441

(i) The potential to make the most profit from the good among	1442
the goods being considered, based on all business factors and	1443
projections and the skills that participants must have in order to	1444
produce the good;	1445

(ii) The likelihood that the sheriff will be required to end	1446
the production of the good;	1447

(iii) The potential that the production of the good will	1448
provide the greatest opportunity for participants engaged in the	1449
good's production to obtain transferable skills and professional	1450
or occupational certificates and licenses.	1451

(b) The sheriff or sheriff's designee shall determine whether	1452
a good under consideration for manufacture by the local pilot work	1453
program, or a substantially similar good, is being manufactured in	1454
the United States, and, if the good under consideration or a	1455
substantially similar good is being manufactured in the United	1456
States, the percentage of the world's total production of the good	1457
and any substantially similar good that is being manufactured in	1458
the United States. Goods manufactured in the United States by	1459
criminal offenders participating in other federal, state, and	1460
local work programs shall not be included in the determination of	1461
the percentage of the world's total production of a good and any	1462
substantially similar good being manufactured in the United States	1463
for purposes of this division.	1464

(c) In determining the goods to be manufactured by the local	1465
pilot work program, except as otherwise provided in this division,	1466
the sheriff or the sheriff's designee shall choose goods that are	1467
not being manufactured, and that are not substantially similar to	1468
goods being manufactured, in the United States. However, the	1469
sheriff or the sheriff's designee may choose a good that is being	1470
manufactured in the United States or that is substantially similar	1471
to a good that is being manufactured in the United States if not	1472
more than one-half of one per cent of the world's total production	1473
of the good was manufactured in the United States over the	1474
preceding three years if the sheriff or sheriff's designee has	1475
reason to believe that one or more manufacturers are manufacturing	1476
the good in the United States with the intent of preventing the	1477
local pilot work program from manufacturing the good and any	1478
substantially similar good due to the restriction in this division	1479
on the choice of a good that is being manufactured in the United	1480
States. In making a determination under this division, the sheriff	1481
or the sheriff's designee shall examine the following factors:	1482

(i) The ownership, parent, affiliates and subsidiaries, and	1483
management of the manufacturers;	1484

(ii) The source of capital of the manufacturers;

1485

(iii) The net profits and projected net profits of the	1486
manufacturers;	1487

(iv) The date manufacturing began;

1488

(v) The relationship of the manufacturers to the world's	1489
large foreign manufacturers;	1490

(vi) The independence of the manufacturers;

1491

(vii) Other factors and circumstances relevant to the	1492
determination.	1493

(d) Every ten years after the manufacture of a good by	1494
participants in the local pilot work program begins at a local	1495
repayment, retraining, and reclamation factory, the sheriff or	1496
sheriff's designee shall determine whether more than one per cent	1497
of the world's total production of the good and substantially	1498
similar goods are being profitably manufactured in the United	1499
States. If more than one per cent of the world's total production	1500
of the good and substantially similar goods are being profitably	1501
manufactured in the United States at that time, the sheriff shall	1502
discontinue the local pilot work program's manufacture of that	1503
good, and the sheriff or the sheriff's designee shall determine in	1504
accordance with division (G)(2)(c) of this section a different	1505
good to be manufactured at the local repayment, retraining, and	1506
reclamation factory that had been manufacturing the discontinued	1507
good.	1508

(e) In any legal proceeding challenging the sheriff's or	1509
sheriff designee's determination of a good to be manufactured by	1510
the participants in the local pilot work program, a court shall	1511
use objective market data to determine the percentage of the good	1512
and substantially similar goods that are being manufactured in the	1513
United States. The court shall make its determination in an	1514
expeditious manner but shall not issue an injunction against the	1515
local pilot work program's manufacture of the selected good prior	1516
to the court's determination.	1517

(3)(a) The sheriff may contract with a private individual,	1518
corporation, partnership, or association for work for participants	1519
in the local pilot work program that involves the assembly,	1520
processing, manufacture, or repair of parts or components for	1521
goods being manufactured or produced by the contracting party if	1522
the sheriff or the sheriff's designee determines that the local	1523
pilot work program is unable or is not likely to produce a good	1524
that can be sold for profit on the open market on a competitive	1525
basis or determines that such a contract would better meet the	1526
needs and obtain the goals of the local pilot work program. All	1527
contracts shall be made in writing. The sheriff shall deposit all	1528
profits resulting from the contract into the state treasury to the	1529
credit of the fund that funds community-based correctional	1530
facilities. The contract shall comply with the Revised Code and	1531
federal law.	1532

(b) The sheriff shall advertise for written contract offers	1533
in a newspaper of general circulation in the county where the	1534
participants would be engaged in the assembly, processing,	1535
manufacture, or repair of the parts or components. The sheriff	1536
shall adopt rules pertaining to the advertisement for and receipt	1537
of contract offers.	1538

(c) The sheriff or the sheriff's designee shall consider only	1539
work that will meet the needs and obtain the goals of the local	1540
pilot work program. The sheriff or the sheriff's designee, and any	1541
other person involved in reviewing contract offers, shall consider	1542
all of the following factors prior to entering into the contract:	1543

(i) The amount of profit the local pilot work program would	1544
make from entering into and participating in the contract;	1545

(ii) The skills that participants must have in order to	1546
assemble, process, manufacture, or repair the parts or components	1547
that would be assembled, processed, manufactured, or repaired	1548
under the contract;	1549

(iii) The likelihood that the sheriff will be required to end	1550
the assembly, processing, manufacture, or repair of the parts or	1551
components for the contracting party;	1552

(iv) The opportunity for participants engaged in the	1553
assembly, processing, manufacture, or repair of the parts or	1554
components to obtain transferable skills and professional or	1555
occupational certificates and licenses.	1556

(d) The sheriff or the sheriff's designee may reject any or	1557
all of the initial contract offers. If the sheriff or the	1558
sheriff's designee rejects all of the initial contract offers, the	1559
sheriff shall readvertise for contract offers and may continue to	1560
readvertise for contract offers until the sheriff or the sheriff's	1561
designee enters into a contract for work under division (G)(3) of	1562
this section or elects to proceed under division (G)(2) of this	1563
section.	1564

(e) No person involved in the selection of a contract for a	1565
work project for participants in the local pilot work program	1566
shall have any interest, directly or indirectly, in any contract	1567
or lease entered into by the sheriff or the sheriff's designee.	1568

(f) If the contracting party ends the manufacture or	1569
production of the goods or components that were the subject of the	1570
contract or at the end of the contract unless the contract is	1571
renewed, the sheriff shall discontinue the local pilot work	1572
program's manufacture of the parts or components, and the sheriff	1573
or the sheriff's designee shall determine a different good to be	1574
manufactured at the local repayment, retraining, and reclamation	1575
factory that had been manufacturing the parts or components.	1576

(H)(1) If a local repayment, retraining, and reclamation	1577
factory manufactures a good selected pursuant to division (G)(2)	1578
of this section, the sheriff shall sell the goods manufactured by	1579
the local repayment, retraining, and reclamation factory on the	1580
open market in this state for the greatest possible profit. The	1581
sheriff shall deposit any profit resulting from the operation of	1582
the local repayment, retraining, and reclamation factory into the	1583
state treasury to the credit of the fund that funds	1584
community-based correctional facilities.	1585

(2) The sheriff may actively market the goods manufactured by	1586
the local pilot work program pursuant to division (G)(2) of this	1587
section to the federal government, the state and local governments	1588
of this state, state and local governments of other states, the	1589
District of Columbia, and all not-for-profit organizations in the	1590
United States or elsewhere.	1591

(3) The sheriff shall not transport or arrange for the	1592
transportation of the goods in interstate commerce in violation of	1593
18 U.S.C. 1761. The sheriff shall attempt to obtain a waiver from	1594
the federal government from the provisions of 18 U.S.C. 1761 or	1595
find an alternative method for legally transporting and selling	1596
the goods manufactured by the local pilot work program on the open	1597
market in other states and countries. If the sheriff obtains a	1598
waiver from the federal government, the sheriff may sell the goods	1599
manufactured by the local pilot work program on the open market in	1600
other states and countries.	1601

(4) The sheriff may acquire or develop intellectual property	1602
of any kind in connection with the operation of the local pilot	1603
work program, including, but not limited to, patents, inventions,	1604
discoveries, processes, or ideas, subject to the discretion of the	1605
sheriff or the sheriff's designee, and may apply for and secure	1606
patents from the United States patent and trademark office. The	1607
sheriff may protect the sheriff's patent rights in accordance with	1608
Title 35 of the United States Code.	1609

(I)(1) The sheriff, to the extent consistent with the	1610
operation of the local pilot work program, shall assist	1611
participants in learning a trade or in obtaining a certificate or	1612
license to engage in an occupation or profession.	1613

(2) The sheriff shall maintain records of a participant's	1614
work history in the local pilot work program, including, but not	1615
limited to, the sheriff's monthly performance ratings of the	1616
participant, and shall provide these records to an employer at the	1617
request of the participant.	1618

(J) The sheriff shall not operate a local repayment,	1619
retraining, and reclamation factory in or on the grounds of a	1620
prison or jail. The sheriff shall construct, renovate, or acquire	1621
housing near each local repayment, retraining, and reclamation	1622
factory that is within walking distance from the local repayment,	1623
retraining, and reclamation factory for those participants who are	1624
serving a jail term. Participants residing in the housing shall be	1625
under the custody of the sheriff. The housing and local repayment,	1626
retraining, and reclamation factory shall have minimal security	1627
and maximum flexibility to achieve maximum productivity.	1628

(K)(1) The sheriff shall appoint or hire a manager who shall	1629
be responsible for the operation of each local repayment,	1630
retraining, and reclamation factory. The sheriff shall set the	1631
salary of the manager. The manager of a local repayment,	1632
retraining, and reclamation factory shall have the authority to	1633
hire and fire the senior staff at the local repayment, retraining,	1634
and reclamation factory at the manager's discretion. The manager	1635
shall set the salaries of the senior staff. The salaries shall not	1636
exceed the manager's salary. If the sheriff objects to any of the	1637
salaries set by the manager for senior staff, the salary must be	1638
approved by the board of county commissioners. The sheriff shall	1639
award a bonus to the manager and senior staff of a local	1640
repayment, retraining, and reclamation factory based on the net	1641
profit resulting from the operation of that local repayment,	1642
retraining, and reclamation factory. Twenty per cent of the net	1643
profit shall be awarded to the manager and senior staff, weighted	1644
based on salary.	1645

(2)(a) The sheriff shall be responsible for the construction	1646
and renovation of manufacturing facilities at a local repayment,	1647
retraining, and reclamation factory, as needed. The sheriff may	1648
enter into any contracts and perform any other functions	1649
necessary for the construction of a local repayment, retraining,	1650
and reclamation factory.	1651

(b) The sheriff may enter into any contracts and perform any	1652
other functions necessary for the operation and maintenance of a	1653
local repayment, retraining, and reclamation factory and for the	1654
renovation of manufacturing facilities at a local repayment,	1655
retraining, and reclamation factory as needed.	1656

(c) At the discretion of the sheriff, a participant in the	1657
local pilot work program may assist in the construction or	1658
renovation of a local repayment, retraining, and reclamation	1659
factory. To the extent practical, participants in the local pilot	1660
work program shall provide maintenance, cleaning, and dietary	1661
services at the local repayment, retraining, and reclamation	1662
factory to make the local repayment, retraining, and reclamation	1663
factory as self-sufficient as possible, unless the sheriff	1664
determines it is more profitable, on a per-participant basis, to	1665
contract for services. The sheriff's determination shall be	1666
included in the written report distributed to each member of the	1667
general assembly under division (N)(1) of this section.	1668

(3) A local repayment, retraining, and reclamation factory	1669
qualifies as a community-based correctional facility and program	1670
and may receive awards from the local government innovation fund	1671
as a local government innovation project.	1672

(4) The sheriff shall investigate any criminal offense that	1673
allegedly has been committed in or on the grounds of, or in	1674
connection with, a local repayment, retraining, and reclamation	1675
factory.	1676

(5) The sheriff shall provide security at the local	1677
repayment, retraining, and reclamation factory.	1678

(L) Subject to section 2929.24 of the Revised Code or any	1679
other section of the Revised Code that prohibits the reduction of	1680
a jail term, a participant serving a jail term for one or more	1681
offenses shall earn one day of credit as a deduction from the	1682
participant's jail term for each day during which the participant	1683
productively participates in the local pilot work program at a	1684
local repayment, retraining, and reclamation factory. The sheriff	1685
shall adopt rules defining what constitutes productive	1686
participation and setting procedures for determining whether a	1687
participant is productively participating in the local pilot work	1688
program.	1689

(M)(1)(a) If a participant at a local repayment, retraining,	1690
and reclamation factory violates any of the rules adopted by the	1691
sheriff for the operation of a local pilot work program, the	1692
sheriff or, if authorized by the sheriff, the manager of the	1693
participant's local repayment, retraining, and reclamation	1694
factory, may end the offender's participation in the local pilot	1695
work program. The sheriff may end any offender's participation in	1696
the local pilot work program, at the sheriff's discretion, at any	1697
time. A participant has no property right in the participant's	1698
selection to or participation in the local pilot work program.	1699

(b) A participant may resign from the local pilot work	1700
program at any time by submitting notice of the participant's	1701
resignation to the sheriff or the manager of the participant's	1702
local repayment, retraining, and reclamation factory. The	1703
participant's resignation may be considered by the sheriff if the	1704
offender applies to participate in the local pilot work program at	1705
a later date.	1706

(2) The sheriff shall return a participant who resigns from	1707
the local pilot work program to jail to serve the remainder of the	1708
offender's jail term or, if the offender was sentenced to a	1709
community control sanction, the sheriff shall return the	1710
participant to the control of the participant's supervising	1711
department of probation. If the sheriff or the manager of a	1712
participant's local repayment, retraining, and reclamation factory	1713
ends an offender's participation in the local pilot work program	1714
and the offender was selected to participate in the local pilot	1715
work program under division (E)(1) of this section, the sheriff	1716
shall return the offender to jail to serve the remainder of the	1717
offender's jail term or, if the offender was sentenced to a	1718
community control sanction, the sheriff shall return the	1719
participant to the control of the participant's supervising	1720
department of probation except as provided in division (M)(3) of	1721
this section.	1722

(3) If the sheriff or the manager of a participant's local	1723
repayment, retraining, and reclamation factory ends an offender's	1724
participation in the local pilot work program due to the	1725
offender's violation of the rules adopted under division (O) of	1726
this section, the sheriff shall notify the offender's sentencing	1727
court. If the offender was sentenced to a jail term, the	1728
sentencing court shall return the offender to jail to serve the	1729
remainder of the offender's jail term and may impose any	1730
additional jail term that the court included in the offender's	1731
sentence under division (E)(1)(b)(iii) of this section. If the	1732
offender was sentenced to a community control sanction, the	1733
sentencing court may impose an additional penalty under division	1734
(B) of section 2929.15 of the Revised Code as a violation of the	1735
conditions of the community control sanction.	1736

(N)(1) Each fifth year after the establishment of the local	1737
pilot work program, the sheriff shall prepare a written report on	1738
the operation of the local pilot work program. The report shall	1739
contain the sheriff's recommendations for the operation of the	1740
local pilot work program. The sheriff shall distribute a copy of	1741
the sheriff's report to each member of the general assembly and	1742
the board of county commissioners.	1743

(2) Annually after the establishment of the local pilot work	1744
program, the sheriff shall prepare a written report on the	1745
effectiveness of the local pilot work program, the condition of	1746
the finances of the local pilot work program, the impact of the	1747
local pilot work program on the rate of recidivism of those	1748
participants in the local pilot work program who did not resign	1749
from and were not removed from the local pilot work program, and	1750
all direct and indirect financial savings that result from the	1751
operation of the local pilot work program.	1752

(O) The sheriff may adopt any rules not otherwise required by	1753
this section that are necessary to implement and operate the local	1754
pilot work program.	1755

(P) All records pertaining to the establishment and operation	1756
of a local pilot work program kept by any public office are public	1757
records as defined in section 149.43 of the Revised Code.	1758

Sec. 5120.038. (A) The director of rehabilitation and	1759
correction, with the approval of the governor, may provide at one	1760
time or from time to time for the issuance of pilot work program	1761
revenue bonds of the state for the purpose of paying all or part	1762
of the cost of establishing and operating the pilot work program	1763
under section 5120.037 of the Revised Code. The principal of and	1764
interest on these bonds is payable solely from the revenues	1765
provided from the operation of the pilot work program under	1766
section 5120.037 of the Revised Code. The bonds shall recite an	1767
estimate by the director of the costs to be paid from the proceeds	1768
of the bond issue and provide for the issuance of bonds in an	1769
amount not in excess of the estimated cost. The bonds of each	1770
issue shall be dated, bear interest at a rate or rates not to	1771
exceed the rate provided in section 9.95 of the Revised Code, and	1772
mature at a time or times, not to exceed forty years from their	1773
date or dates, as determined by the director, and may be made	1774
redeemable before maturity, at the option of the director, at the	1775
price or prices and under the terms and conditions as fixed by the	1776
director prior to the issuance of the bonds. The director shall	1777
determine the form of the bonds, including the interest coupons to	1778
be attached to the bonds, and fix the denomination of the bonds	1779
and the place of payment of principal and interest of the bonds,	1780
which may be at any bank or trust company within or without the	1781
state.	1782

The bonds shall be signed by the governor, the secretary of	1783
state, and the director, provided that all but one of these	1784
signatures may be a facsimile, and shall have affixed the great	1785
seal of Ohio or a facsimile of the great seal of Ohio. Coupons	1786
attached to the bonds shall bear the facsimile signature of the	1787
director. The bonds shall contain a statement on their face that	1788
the state is not obligated to pay the face value of the bonds or	1789
the interest on the bonds and that they do not constitute a debt,	1790
or a pledge of the faith and credit, of the state or of any	1791
political subdivision of the state, but that the bonds and the	1792
interest on the bonds are payable solely from the revenues	1793
provided from the operation of the pilot work program under	1794
section 5120.037 of the Revised Code. If any of the officers whose	1795
signatures or facsimiles of their signatures appear on the bonds	1796
or coupons ceases to be such an officer before delivery of the	1797
bonds, the signatures or facsimiles are nevertheless valid and	1798
sufficient for all purposes as if they had remained in office	1799
until delivery. All the bonds shall have all the qualities and	1800
incidents of negotiable instruments under the applicable law of	1801
this state, and the bonds and the interest on the bonds are exempt	1802
from all taxation within this state. The bonds are lawful	1803
investments of banks, savings banks, trust companies, savings and	1804
loan associations, deposit guarantee associations, fiduciaries,	1805
trustees, and trustees of the sinking fund or officer in charge of	1806
the bond retirement fund of municipal corporations and other	1807
subdivisions of the state and of domestic insurance companies	1808
notwithstanding sections 3907.14 and 3925.08 of the Revised Code	1809
and are acceptable as security for deposit of public money.	1810

The bonds may be issued in coupon or registered form, or	1811
both, as the director determines, and provision may be made for	1812
the registration of any coupon bonds as to principal alone and for	1813
the exchange of coupon bonds for bonds registered as to both	1814
principal and interest, and for the reconversion into coupon bonds	1815
of any bonds registered as to both principal and interest.	1816

The director shall adopt rules for the refunding of	1817
outstanding revenue bonds.	1818

(B) The revenue bonds shall be sold by the director of	1819
rehabilitation and correction to the highest bidder therefor, but	1820
for not less than the par value of the bonds plus accrued interest	1821
on the bonds, after a notice of sale has been published once a	1822
week for three consecutive weeks in one newspaper in each of the	1823
three most populous counties in the state. The notice of sale	1824
shall state the day, hour, and place of sale, the total principal	1825
amount of the bonds to be sold, their denominations, date, and the	1826
dates and amounts of their maturities, whether or not they are	1827
callable, information relative to the rates of interest that the	1828
bonds shall bear, and the dates upon which interest is payable,	1829
and any other information the director determines advisable.	1830

(C) The proceeds of the bonds of each issue shall be used	1831
solely for the payment of the costs for which the bonds were	1832
issued.	1833

Section 2. That existing section 2929.13 of the Revised Code	1834
is hereby repealed.	1835

Section 3. This act shall be known as the "Repayment,	1836
Retraining, and Reclamation Act."	1837