S. B. No. 143 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 143

Senator Seitz

A BILL

To amend sections 109.57, 307.932, 2151.311,

2151.356, 2152.26, 2907.27, 2929.26, 2953.36,

2953.61, 4510.111, 4510.16, and 5120.651 and to

enact section 122.681 of the Revised Code to

permit the Attorney General to authorize the

release of information relating to certain arrests

and delinquent child adjudications pursuant to a

request for a criminal records check; to regulate

the confidentiality of personal information

related to community service block grants; to

clarify the authority of boards of county

commissioners to establish a community alternative

sentencing center; to modify the procedure for

sentencing and admitting an eligible offender to a

community alternative sentencing center; to

clarify that an eligible offender must

successfully complete any term in a center as a

condition of a community residential sanction; to

include the best interests of the person as a

reason for which an alleged or adjudicated

delinquent child who is at least 18 but younger

than 21 may be held in an adult detention

facility; to eliminate the six-month waiting

period for making a motion or application for the

sealing of a juvenile court record; to specify

that the fact of admission and confinement in an

adult detention facility of a person under 21

generally is confidential; to authorize a court to

order restitution if a person convicted of driving

under suspension or driving under

financial-responsibility-law suspension or

cancellation fails to provide proof of financial

responsibility; to authorize a person charged with

multiple offenses in connection with the same act

to apply for the sealing of records pertaining to

an acquitted charge; to modify the requirements

regarding testing for HIV of persons charged with

specified sex offense; to increase the sentence of

imprisonment that disqualifies an inmate from

participating in the prison nursery program; and

to amend the version of section 109.57 of the

Revised Code that is scheduled to take effect

January 1, 2014, to continue the provisions of

this act on and after that effective date.

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

Section 1. That sections 109.57, 307.932, 2151.311, 2151.356,	45
2152.26, 2907.27, 2929.26, 2953.36, 2953.61, 4510.111, 4510.16,	46
and 5120.651 be amended and section 122.681 of the Revised Code be	47
enacted to read as follows:	48

Sec. 109.57. (A)(1) The superintendent of the bureau of	49
criminal identification and investigation shall procure from	50
wherever procurable and file for record photographs, pictures,	51
descriptions, fingerprints, measurements, and other information	52
that may be pertinent of all persons who have been convicted of	53
committing within this state a felony, any crime constituting a	54
misdemeanor on the first offense and a felony on subsequent	55
offenses, or any misdemeanor described in division (A)(1)(a),	56
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	57
all children under eighteen years of age who have been adjudicated	58
delinquent children for committing within this state an act that	59
would be a felony or an offense of violence if committed by an	60
adult or who have been convicted of or pleaded guilty to	61
committing within this state a felony or an offense of violence,	62
and of all well-known and habitual criminals. The person in charge	63
of any county, multicounty, municipal, municipal-county, or	64
multicounty-municipal jail or workhouse, community-based	65
correctional facility, halfway house, alternative residential	66
facility, or state correctional institution and the person in	67
charge of any state institution having custody of a person	68
suspected of having committed a felony, any crime constituting a	69
misdemeanor on the first offense and a felony on subsequent	70
offenses, or any misdemeanor described in division (A)(1)(a),	71
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	72
having custody of a child under eighteen years of age with respect	73
to whom there is probable cause to believe that the child may have	74
committed an act that would be a felony or an offense of violence	75
if committed by an adult shall furnish such material to the	76
superintendent of the bureau. Fingerprints, photographs, or other	77
descriptive information of a child who is under eighteen years of	78
age, has not been arrested or otherwise taken into custody for	79
committing an act that would be a felony or an offense of violence	80
who is not in any other category of child specified in this	81
division, if committed by an adult, has not been adjudicated a	82
delinquent child for committing an act that would be a felony or	83
an offense of violence if committed by an adult, has not been	84
convicted of or pleaded guilty to committing a felony or an	85
offense of violence, and is not a child with respect to whom there	86
is probable cause to believe that the child may have committed an	87
act that would be a felony or an offense of violence if committed	88
by an adult shall not be procured by the superintendent or	89
furnished by any person in charge of any county, multicounty,	90
municipal, municipal-county, or multicounty-municipal jail or	91
workhouse, community-based correctional facility, halfway house,	92
alternative residential facility, or state correctional	93
institution, except as authorized in section 2151.313 of the	94
Revised Code.	95

(2) Every clerk of a court of record in this state, other	96
than the supreme court or a court of appeals, shall send to the	97
superintendent of the bureau a weekly report containing a summary	98
of each case involving a felony, involving any crime constituting	99
a misdemeanor on the first offense and a felony on subsequent	100
offenses, involving a misdemeanor described in division (A)(1)(a),	101
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	102
involving an adjudication in a case in which a child under	103
eighteen years of age was alleged to be a delinquent child for	104
committing an act that would be a felony or an offense of violence	105
if committed by an adult. The clerk of the court of common pleas	106
shall include in the report and summary the clerk sends under this	107
division all information described in divisions (A)(2)(a) to (f)	108
of this section regarding a case before the court of appeals that	109
is served by that clerk. The summary shall be written on the	110
standard forms furnished by the superintendent pursuant to	111
division (B) of this section and shall include the following	112
information:	113

(a) The incident tracking number contained on the standard	114
forms furnished by the superintendent pursuant to division (B) of	115
this section;	116

(b) The style and number of the case;

117

118

(d) The date that the person was convicted of or pleaded	119
guilty to the offense, adjudicated a delinquent child for	120
committing the act that would be a felony or an offense of	121
violence if committed by an adult, found not guilty of the	122
offense, or found not to be a delinquent child for committing an	123
act that would be a felony or an offense of violence if committed	124
by an adult, the date of an entry dismissing the charge, an entry	125
declaring a mistrial of the offense in which the person is	126
discharged, an entry finding that the person or child is not	127
competent to stand trial, or an entry of a nolle prosequi, or the	128
date of any other determination that constitutes final resolution	129
of the case;	130

(e) A statement of the original charge with the section of	131
the Revised Code that was alleged to be violated;	132

(f) If the person or child was convicted, pleaded guilty, or	133
was adjudicated a delinquent child, the sentence or terms of	134
probation imposed or any other disposition of the offender or the	135
delinquent child.	136

If the offense involved the disarming of a law enforcement	137
officer or an attempt to disarm a law enforcement officer, the	138
clerk shall clearly state that fact in the summary, and the	139
superintendent shall ensure that a clear statement of that fact is	140
placed in the bureau's records.	141

(3) The superintendent shall cooperate with and assist	142
sheriffs, chiefs of police, and other law enforcement officers in	143
the establishment of a complete system of criminal identification	144
and in obtaining fingerprints and other means of identification of	145
all persons arrested on a charge of a felony, any crime	146
constituting a misdemeanor on the first offense and a felony on	147
subsequent offenses, or a misdemeanor described in division	148
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	149
Revised Code and of all children under eighteen years of age	150
arrested or otherwise taken into custody for committing an act	151
that would be a felony or an offense of violence if committed by	152
an adult. The superintendent also shall file for record the	153
fingerprint impressions of all persons confined in a county,	154
multicounty, municipal, municipal-county, or multicounty-municipal	155
jail or workhouse, community-based correctional facility, halfway	156
house, alternative residential facility, or state correctional	157
institution for the violation of state laws and of all children	158
under eighteen years of age who are confined in a county,	159
multicounty, municipal, municipal-county, or multicounty-municipal	160
jail or workhouse, community-based correctional facility, halfway	161
house, alternative residential facility, or state correctional	162
institution or in any facility for delinquent children for	163
committing an act that would be a felony or an offense of violence	164
if committed by an adult, and any other information that the	165
superintendent may receive from law enforcement officials of the	166
state and its political subdivisions.	167

(4) The superintendent shall carry out Chapter 2950. of the	168
Revised Code with respect to the registration of persons who are	169
convicted of or plead guilty to a sexually oriented offense or a	170
child-victim oriented offense and with respect to all other duties	171
imposed on the bureau under that chapter.	172

(5) The bureau shall perform centralized recordkeeping	173
functions for criminal history records and services in this state	174
for purposes of the national crime prevention and privacy compact	175
set forth in section 109.571 of the Revised Code and is the	176
criminal history record repository as defined in that section for	177
purposes of that compact. The superintendent or the	178
superintendent's designee is the compact officer for purposes of	179
that compact and shall carry out the responsibilities of the	180
compact officer specified in that compact.	181

(B) The superintendent shall prepare and furnish to every	182
county, multicounty, municipal, municipal-county, or	183
multicounty-municipal jail or workhouse, community-based	184
correctional facility, halfway house, alternative residential	185
facility, or state correctional institution and to every clerk of	186
a court in this state specified in division (A)(2) of this section	187
standard forms for reporting the information required under	188
division (A) of this section. The standard forms that the	189
superintendent prepares pursuant to this division may be in a	190
tangible format, in an electronic format, or in both tangible	191
formats and electronic formats.	192

(C)(1) The superintendent may operate a center for	193
electronic, automated, or other data processing for the storage	194
and retrieval of information, data, and statistics pertaining to	195
criminals and to children under eighteen years of age who are	196
adjudicated delinquent children for committing an act that would	197
be a felony or an offense of violence if committed by an adult,	198
criminal activity, crime prevention, law enforcement, and criminal	199
justice, and may establish and operate a statewide communications	200
network to be known as the Ohio law enforcement gateway to gather	201
and disseminate information, data, and statistics for the use of	202
law enforcement agencies and for other uses specified in this	203
division. The superintendent may gather, store, retrieve, and	204
disseminate information, data, and statistics that pertain to	205
children who are under eighteen years of age and that are gathered	206
pursuant to sections 109.57 to 109.61 of the Revised Code together	207
with information, data, and statistics that pertain to adults and	208
that are gathered pursuant to those sections.	209

(2) The superintendent or the superintendent's designee shall	210
gather information of the nature described in division (C)(1) of	211
this section that pertains to the offense and delinquency history	212
of a person who has been convicted of, pleaded guilty to, or been	213
adjudicated a delinquent child for committing a sexually oriented	214
offense or a child-victim oriented offense for inclusion in the	215
state registry of sex offenders and child-victim offenders	216
maintained pursuant to division (A)(1) of section 2950.13 of the	217
Revised Code and in the internet database operated pursuant to	218
division (A)(13) of that section and for possible inclusion in the	219
internet database operated pursuant to division (A)(11) of that	220
section.	221

(3) In addition to any other authorized use of information,	222
data, and statistics of the nature described in division (C)(1) of	223
this section, the superintendent or the superintendent's designee	224
may provide and exchange the information, data, and statistics	225
pursuant to the national crime prevention and privacy compact as	226
described in division (A)(5) of this section.	227

(4) The attorney general may adopt rules under Chapter 119.	228
of the Revised Code establishing guidelines for the operation of	229
and participation in the Ohio law enforcement gateway. The rules	230
may include criteria for granting and restricting access to	231
information gathered and disseminated through the Ohio law	232
enforcement gateway. The attorney general shall permit the state	233
medical board and board of nursing to access and view, but not	234
alter, information gathered and disseminated through the Ohio law	235
enforcement gateway.	236

The attorney general may appoint a steering committee to	237
advise the attorney general in the operation of the Ohio law	238
enforcement gateway that is comprised of persons who are	239
representatives of the criminal justice agencies in this state	240
that use the Ohio law enforcement gateway and is chaired by the	241
superintendent or the superintendent's designee.	242

(D)(1) The following are not public records under section	243
149.43 of the Revised Code:	244

(a) Information and materials furnished to the superintendent	245
pursuant to division (A) of this section;	246

(b) Information, data, and statistics gathered or	247
disseminated through the Ohio law enforcement gateway pursuant to	248
division (C)(1) of this section;	249

(c) Information and materials furnished to any board or	250
person under division (F) or (G) of this section.	251

(2) The superintendent or the superintendent's designee shall	252
gather and retain information so furnished under division (A) of	253
this section that pertains to the offense and delinquency history	254
of a person who has been convicted of, pleaded guilty to, or been	255
adjudicated a delinquent child for committing a sexually oriented	256
offense or a child-victim oriented offense for the purposes	257
described in division (C)(2) of this section.	258

(E)(1) The attorney general shall adopt rules, in accordance	259
with Chapter 119. of the Revised Code and subject to division	260
(E)(2) of this section, setting forth the procedure by which a	261
person may receive or release information gathered by the	262
superintendent pursuant to division (A) of this section. A	263
reasonable fee may be charged for this service. If a temporary	264
employment service submits a request for a determination of	265
whether a person the service plans to refer to an employment	266
position has been convicted of or pleaded guilty to an offense	267
listed or described in division (A)(1), (2), or (3) of section	268
109.572 of the Revised Code, the request shall be treated as a	269
single request and only one fee shall be charged.	270

(2) Except as otherwise provided in this division or division	271
(E)(3) or (4) of this section, a rule adopted under division	272
(E)(1) of this section may provide only for the release of	273
information gathered pursuant to division (A) of this section that	274
relates to the conviction of a person, or a person's plea of	275
guilty to, a criminal offense or to the arrest of a person as	276
provided in division (E)(3) of this section. The superintendent	277
shall not release, and the attorney general shall not adopt any	278
rule under division (E)(1) of this section that permits the	279
release of, any information gathered pursuant to division (A) of	280
this section that relates to an adjudication of a child as a	281
delinquent child, or that relates to a criminal conviction of a	282
person under eighteen years of age if the person's case was	283
transferred back to a juvenile court under division (B)(2) or (3)	284
of section 2152.121 of the Revised Code and the juvenile court	285
imposed a disposition or serious youthful offender disposition	286
upon the person under either division, unless either of the	287
following applies with respect to the adjudication or conviction:	288

(a) The adjudication or conviction was for a violation of	289
section 2903.01 or 2903.02 of the Revised Code.	290

(b) The adjudication or conviction was for a sexually	291
oriented offense, the juvenile court was required to classify the	292
child a juvenile offender registrant for that offense under	293
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	294
classification has not been removed.	295

(3) A rule adopted under division (E)(1) of this section may	296
provide for the release of information gathered pursuant to	297
division (A) of this section that relates to the arrest of a	298
person when the person has not been convicted as a result of that	299
arrest if any of the following applies:	300

(a) The arrest was made outside of this state.

301

(b) A criminal action resulting from the arrest is pending,	302
and the superintendent confirms that the criminal action has not	303
been resolved at the time the criminal records check is performed.	304

(c) The bureau cannot reasonably determine whether a criminal	305
action resulting from the arrest is pending, and not more than one	306
year has elapsed since the date of the arrest.	307

(4) A rule adopted under division (E)(1) of this section may	308
provide for the release of information gathered pursuant to	309
division (A) of this section that relates to an adjudication of a	310
child as a delinquent child if not more than five years have	311
elapsed since the date of the adjudication, the adjudication was	312
for an act that would have been a felony if committed by an adult,	313
and the request for information is made under division (F) of this	314
section or under section 109.572 or 109.578 of the Revised Code.	315
In the case of an adjudication for a violation of the terms of	316
community control or supervised release, the five-year period	317
shall be calculated from the date of the adjudication to which the	318
community control or supervised release pertains.	319

(F)(1) As used in division (F)(2) of this section, "head	320
start agency" means an entity in this state that has been approved	321
to be an agency for purposes of subchapter II of the "Community	322
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	323
as amended.	324

(2)(a) In addition to or in conjunction with any request that	325
is required to be made under section 109.572, 2151.86, 3301.32,	326
3301.541, division (C) of section 3310.58, or section 3319.39,	327
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	328
5153.111 of the Revised Code or that is made under section	329
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	330
board of education of any school district; the director of	331
developmental disabilities; any county board of developmental	332
disabilities; any provider or subcontractor as defined in section	333
5123.081 of the Revised Code; the chief administrator of any	334
chartered nonpublic school; the chief administrator of a	335
registered private provider that is not also a chartered nonpublic	336
school; the chief administrator of any home health agency; the	337
chief administrator of or person operating any child day-care	338
center, type A family day-care home, or type B family day-care	339
home licensed or certified under Chapter 5104. of the Revised	340
Code; the administrator of any type C family day-care home	341
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	342
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	343
general assembly; the chief administrator of any head start	344
agency; the executive director of a public children services	345
agency; a private company described in section 3314.41, 3319.392,	346
3326.25, or 3328.20 of the Revised Code; or an employer described	347
in division (J)(2) of section 3327.10 of the Revised Code may	348
request that the superintendent of the bureau investigate and	349
determine, with respect to any individual who has applied for	350
employment in any position after October 2, 1989, or any	351
individual wishing to apply for employment with a board of	352
education may request, with regard to the individual, whether the	353
bureau has any information gathered under division (A) of this	354
section that pertains to that individual. On receipt of the	355
request, subject to division (E)(2) of this section, the	356
superintendent shall determine whether that information exists	357
and, upon request of the person, board, or entity requesting	358
information, also shall request from the federal bureau of	359
investigation any criminal records it has pertaining to that	360
individual. The superintendent or the superintendent's designee	361
also may request criminal history records from other states or the	362
federal government pursuant to the national crime prevention and	363
privacy compact set forth in section 109.571 of the Revised Code.	364
Within thirty days of the date that the superintendent receives a	365
request, subject to division (E)(2) of this section, the	366
superintendent shall send to the board, entity, or person a report	367
of any information that the superintendent determines exists,	368
including information contained in records that have been sealed	369
under section 2953.32 of the Revised Code, and, within thirty days	370
of its receipt, subject to division (E)(2) of this section, shall	371
send the board, entity, or person a report of any information	372
received from the federal bureau of investigation, other than	373
information the dissemination of which is prohibited by federal	374
law.	375

(b) When a board of education or a registered private	376
provider is required to receive information under this section as	377
a prerequisite to employment of an individual pursuant to division	378
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	379
may accept a certified copy of records that were issued by the	380
bureau of criminal identification and investigation and that are	381
presented by an individual applying for employment with the	382
district in lieu of requesting that information itself. In such a	383
case, the board shall accept the certified copy issued by the	384
bureau in order to make a photocopy of it for that individual's	385
employment application documents and shall return the certified	386
copy to the individual. In a case of that nature, a district or	387
provider only shall accept a certified copy of records of that	388
nature within one year after the date of their issuance by the	389
bureau.	390

(c) Notwithstanding division (F)(2)(a) of this section, in	391
the case of a request under section 3319.39, 3319.391, or 3327.10	392
of the Revised Code only for criminal records maintained by the	393
federal bureau of investigation, the superintendent shall not	394
determine whether any information gathered under division (A) of	395
this section exists on the person for whom the request is made.	396

(3) The state board of education may request, with respect to	397
any individual who has applied for employment after October 2,	398
1989, in any position with the state board or the department of	399
education, any information that a school district board of	400
education is authorized to request under division (F)(2) of this	401
section, and the superintendent of the bureau shall proceed as if	402
the request has been received from a school district board of	403
education under division (F)(2) of this section.	404

(4) When the superintendent of the bureau receives a request	405
for information under section 3319.291 of the Revised Code, the	406
superintendent shall proceed as if the request has been received	407
from a school district board of education and shall comply with	408
divisions (F)(2)(a) and (c) of this section.	409

(5) When a recipient of a classroom reading improvement grant	410
paid under section 3301.86 of the Revised Code requests, with	411
respect to any individual who applies to participate in providing	412
any program or service funded in whole or in part by the grant,	413
the information that a school district board of education is	414
authorized to request under division (F)(2)(a) of this section,	415
the superintendent of the bureau shall proceed as if the request	416
has been received from a school district board of education under	417
division (F)(2)(a) of this section.	418

(G) In addition to or in conjunction with any request that is	419
required to be made under section 3701.881, 3712.09, or 3721.121	420
of the Revised Code with respect to an individual who has applied	421
for employment in a position that involves providing direct care	422
to an older adult or adult resident, the chief administrator of a	423
home health agency, hospice care program, home licensed under	424
Chapter 3721. of the Revised Code, or adult day-care program	425
operated pursuant to rules adopted under section 3721.04 of the	426
Revised Code may request that the superintendent of the bureau	427
investigate and determine, with respect to any individual who has	428
applied after January 27, 1997, for employment in a position that	429
does not involve providing direct care to an older adult or adult	430
resident, whether the bureau has any information gathered under	431
division (A) of this section that pertains to that individual.	432

In addition to or in conjunction with any request that is	433
required to be made under section 173.27 of the Revised Code with	434
respect to an individual who has applied for employment in a	435
position that involves providing ~~ombudsperson~~ombudsman services	436
to residents of long-term care facilities or recipients of	437
community-based long-term care services, the state long-term care	438
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	439
of ~~health~~aging, a regional long-term care ombudsman, or the	440
designee of the ombudsman, director, or program may request that	441
the superintendent investigate and determine, with respect to any	442
individual who has applied for employment in a position that does	443
not involve providing such ~~ombudsperson~~ombudsman services,	444
whether the bureau has any information gathered under division (A)	445
of this section that pertains to that applicant.	446

In addition to or in conjunction with any request that is	447
required to be made under section 173.394 of the Revised Code with	448
respect to an individual who has applied for employment in a	449
direct-care position ~~that involves providing direct care to an~~	450
~~individual~~, the chief administrator of a community-based long-term	451
care agency, as defined in section 173.39 of the Revised Code, may	452
request that the superintendent investigate and determine, with	453
respect to any individual who has applied for employment in a	454
position that ~~does~~is not ~~involve providing direct care~~a	455
direct-care position, whether the bureau has any information	456
gathered under division (A) of this section that pertains to that	457
applicant.	458

In addition to or in conjunction with any request that is	459
required to be made under section 3712.09 of the Revised Code with	460
respect to an individual who has applied for employment in a	461
position that involves providing direct care to a pediatric	462
respite care patient, the chief administrator of a pediatric	463
respite care program may request that the superintendent of the	464
bureau investigate and determine, with respect to any individual	465
who has applied for employment in a position that does not involve	466
providing direct care to a pediatric respite care patient, whether	467
the bureau has any information gathered under division (A) of this	468
section that pertains to that individual.	469

On receipt of a request under this division, the	470
superintendent shall determine whether that information exists	471
and, on request of the individual requesting information, shall	472
also request from the federal bureau of investigation any criminal	473
records it has pertaining to the applicant. The superintendent or	474
the superintendent's designee also may request criminal history	475
records from other states or the federal government pursuant to	476
the national crime prevention and privacy compact set forth in	477
section 109.571 of the Revised Code. Within thirty days of the	478
date a request is received, subject to division (E)(2) of this	479
section, the superintendent shall send to the requester a report	480
of any information determined to exist, including information	481
contained in records that have been sealed under section 2953.32	482
of the Revised Code, and, within thirty days of its receipt, shall	483
send the requester a report of any information received from the	484
federal bureau of investigation, other than information the	485
dissemination of which is prohibited by federal law.	486

(H) Information obtained by a government entity or person	487
under this section is confidential and shall not be released or	488
disseminated.	489

(I) The superintendent may charge a reasonable fee for	490
providing information or criminal records under division (F)(2) or	491
(G) of this section.	492

(J) As used in this section:

493

(1) "Pediatric respite care program" and "pediatric respite	494
care patient" have the same meanings as in section 3712.01 of the	495
Revised Code.	496

(2) "Sexually oriented offense" and "child-victim oriented	497
offense" have the same meanings as in section 2950.01 of the	498
Revised Code.	499

(3) "Registered private provider" means a nonpublic school or	500
entity registered with the superintendent of public instruction	501
under section 3310.41 of the Revised Code to participate in the	502
autism scholarship program or section 3310.58 of the Revised Code	503
to participate in the Jon Peterson special needs scholarship	504
program.	505

Sec. 122.681. (A) Except as permitted by this section, or	506
when required by federal law, no person or government entity shall	507
solicit, release, disclose, receive, use, or knowingly permit or	508
participate in the use of any information regarding an individual	509
receiving assistance pursuant to a community services division	510
program under sections 122.66 to 122.702 of the Revised Code for	511
any purpose not directly related to the administration of a	512
division assistance program.	513

(B) To the extent permitted by federal law, the division, and	514
any entity that receives division funds to administer a division	515
program to assist individuals, shall release information regarding	516
an individual assistance recipient to the following:	517

(1) A government entity responsible for administering the	518
assistance program for purposes directly related to the	519
administration of the program;	520

(2) A law enforcement agency for the purpose of any	521
investigation, prosecution, or criminal or civil proceeding	522
relating to the administration of the assistance program;	523

(3) A government entity responsible for administering a	524
children's protective services program, for the purpose of	525
protecting children;	526

(4) Any appropriate person in compliance with a search	527
warrant, subpoena, or other court order.	528

(C) To the extent permitted by federal law and section	529
1347.08 of the Revised Code, the division, and any entity	530
administering a division program, shall provide access to	531
information regarding an individual assistance recipient to all of	532
the following:	533

(1) The individual assistance recipient;

534

(2) The authorized representative of the individual	535
assistance recipient;	536

(3) The legal guardian of the individual assistance	537
recipient;	538

(4) The attorney of the individual assistance recipient.

539

(D) To the extent permitted by federal law, the division, and	540
any entity administering a division program, may do either of the	541
following:	542

(1) Release information about an individual assistance	543
recipient if the recipient gives voluntary, written authorization;	544

(2) Release information regarding an individual assistance	545
recipient to a state, federal, or federally assisted program that	546
provides cash or in-kind assistance or services directly to	547
individuals based on need.	548

(E) The community services division, or an entity	549
administering a division program, shall provide, at no cost, a	550
copy of each written authorization to the individual who signed	551
it.	552

(F) The development services agency may adopt rules defining	553
who may serve as an individual assistance recipient's authorized	554
representative for purposes of division (C)(2) of this section.	555

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

556

(1) "Division of parole and community services" means the	557
division of parole and community services of the department of	558
rehabilitation and correction.	559

(2) "Eligible offender" means, in relation to a particular	560
community alternative sentencing center or district community	561
alternative sentencing center established and operated under	562
~~division (E) of~~ this section, an offender who has been convicted	563
of or pleaded guilty to a qualifying misdemeanor offense, for whom	564
no provision of the Revised Code or ordinance of a municipal	565
corporation other than section 4511.19 of the Revised Code, both	566
~~section~~sections 4510.14 and 4511.19 of the Revised Code, or an	567
ordinance or ordinances of a municipal corporation that provide	568
the penalties for a municipal OVI offense or for both a municipal	569
OVI ordinance and a municipal DUS ordinance of the municipal	570
corporation requires the imposition of a mandatory jail term for	571
that qualifying misdemeanor offense, and who is eligible to be	572
sentenced directly to that center and admitted to it under rules	573
adopted under division (G) of this section by the board of county	574
commissioners or affiliated group of boards of county	575
commissioners that established and operates that center.	576

(3) "Municipal OVI offense" has the same meaning as in	577
section 4511.181 of the Revised Code.	578

(4) "OVI term of confinement" means a term of confinement	579
imposed for a violation of section 4511.19 of the Revised Code or	580
for a municipal OVI offense, including any mandatory jail term or	581
mandatory term of local incarceration imposed for that violation	582
or offense.	583

(5) "Community residential sanction" means a community	584
residential sanction imposed under section 2929.26 of the Revised	585
Code for a misdemeanor violation of a section of the Revised Code	586
or a term of confinement imposed for a misdemeanor violation of a	587
municipal ordinance that is not a jail term.	588

(6) "Qualifying misdemeanor offense" means a violation of any	589
section of the Revised Code that is a misdemeanor or a violation	590
of any ordinance of a municipal corporation located in the county	591
that is a misdemeanor.	592

(7) "Municipal DUS offense" means a violation of a municipal	593
ordinance that is substantially equivalent to section 4510.14 of	594
the Revised Code.	595

(B)(1) The board of county commissioners of any county, in	596
consultation with the sheriff of the county, may ~~formulate a~~	597
~~proposal for~~establish a community alternative sentencing center	598
that, upon implementation by the county or being subcontracted to	599
or operated by a nonprofit organization, ~~would~~shall be used for	600
the confinement of eligible offenders sentenced directly to the	601
center by a court located in ~~the~~any county pursuant to a	602
community residential sanction of not more than ~~thirty~~ninety days	603
or pursuant to an OVI term of confinement of not more than ~~sixty~~	604
ninety days, and for the purpose of closely monitoring those	605
eligible offenders' adjustment to community supervision. A board	606
that ~~formulates~~establishes a ~~proposal~~center pursuant to this	607
division shall do so by resolution.	608

(2) The boards of county commissioners of two or more	609
adjoining or neighboring counties, in consultation with the	610
sheriffs of each of those counties, may affiliate and ~~formulate~~	611
establish by resolution adopted by each of them ~~a proposal for~~ a	612
district community alternative sentencing center that, upon	613
implementation by the counties or being subcontracted to or	614
operated by a nonprofit organization, ~~would~~shall be used for the	615
confinement of eligible offenders sentenced directly to the center	616
by a court located in any ~~of those counties~~county pursuant to a	617
community residential sanction of not more than ~~thirty~~ninety days	618
or pursuant to an OVI term of confinement of not more than ~~sixty~~	619
ninety days, and for the purpose of closely monitoring those	620
eligible offenders' adjustment to community supervision. Each	621
board that affiliates with one or more other boards to ~~formulate~~	622
establish a ~~proposal~~center pursuant to this division shall	623
~~formulate the proposal~~do so by resolution.	624

(C) Each ~~proposal for~~resolution establishing a community	625
alternative sentencing center or a district community alternative	626
sentencing center ~~that is formulated~~ under division (B)(1) or (2)	627
of this section shall include ~~proposals~~provisions for operation	628
of the center and for criteria to define which offenders are	629
eligible to be sentenced directly to the center and admitted to	630
it. At a minimum, the ~~proposed~~ criteria that define which	631
offenders are eligible to be sentenced directly to the center and	632
admitted to it shall provide ~~all of the following:~~	633

~~(1) That~~that an offender is eligible to be sentenced	634
directly to the center and admitted to it if the offender has been	635
convicted of or pleaded guilty to a qualifying misdemeanor offense	636
and is sentenced directly to the center for the qualifying	637
misdemeanor offense pursuant to a community residential sanction	638
of not more than ~~thirty~~ninety days or pursuant to an OVI term of	639
confinement of not more than ~~sixty~~ninety days by a court that is	640
located in ~~the~~any county ~~or one of the counties served by the~~	641
~~board of county commissioners or by any of the affiliated group of~~	642
~~boards of county commissioners that submits the proposal;~~	643

~~(2) That, except as otherwise provided in this division, no~~	644
~~offender is eligible to be sentenced directly to the center or~~	645
~~admitted to it if, in addition to the community residential~~	646
~~sanction or OVI term of confinement described in division (C)(1)~~	647
~~of this section, the offender is serving or has been sentenced to~~	648
~~serve any other jail term, prison term, or community residential~~	649
~~sanction. A mandatory jail term or electronic monitoring imposed~~	650
~~in lieu of a mandatory jail term for a violation of section~~	651
~~4511.19 of the Revised Code, for a municipal OVI offense, or for~~	652
~~either such offense and a similar offense that exceeds sixty days~~	653
~~of confinement shall not disqualify the offender from serving~~	654
~~sixty days of the mandatory jail term at the center~~.	655

(D) If a ~~proposal for a~~ community alternative sentencing	656
center or a district community alternative sentencing center that	657
is ~~formulated~~established under division (B)(1) or (2) of this	658
section contemplates the use of an existing facility, or a part of	659
an existing facility, as the center, nothing in this section	660
limits, restricts, or precludes the use of the facility, the part	661
of the facility, or any other part of the facility for any purpose	662
other than as a community alternative sentencing center or	663
district community alternative sentencing center.	664

(E) ~~The establishment and operation of a community~~	665
~~alternative sentencing center or district community alternative~~	666
~~sentencing center may be done by subcontracting with a nonprofit~~	667
~~organization for the operation of the center.~~	668

If a board of county commissioners or an affiliated group of	669
boards of county commissioners establishes and operates or	670
subcontracts for the operation of a community alternative	671
sentencing center or district community alternative sentencing	672
center under this division, except as otherwise provided in this	673
division, the center is not a minimum security jail under section	674
341.14, section 753.21, or any other provision of the Revised	675
Code, is not a jail or alternative residential facility as defined	676
in section 2929.01 of the Revised Code, is not required to satisfy	677
or comply with minimum standards for minimum security jails or	678
other jails that are promulgated under division (A) of section	679
5120.10 of the Revised Code, is not a local detention facility as	680
defined in section 2929.36 of the Revised Code, and is not a	681
residential unit as defined in section 2950.01 of the Revised	682
Code. The center is a detention facility as defined in sections	683
2921.01 and 2923.124 of the Revised Code, and an eligible offender	684
confined in the center is under detention as defined in section	685
2921.01 of the Revised Code. Regarding persons sentenced directly	686
to the center under an OVI term of confinement or under both an	687
OVI term of confinement and confinement for a violation of section	688
4510.14 of the Revised Code or a municipal DUS offense, the center	689
shall be considered a "jail" or "local correctional facility" for	690
purposes of any provision in section 4510.14 or 4511.19 of the	691
Revised Code or in an ordinance of a municipal corporation that	692
requires a mandatory jail term or mandatory term of local	693
incarceration for the violation of section 4511.19 of the Revised	694
Code, the violation of both section 4510.14 and 4511.19 of the	695
Revised Code, the municipal OVI offense, or the municipal OVI	696
offense and the municipal DUS offense, and a direct sentence of a	697
person to the center under an OVI term of confinement or under	698
both an OVI term of confinement and confinement for a violation of	699
section 4510.14 of the Revised Code or a municipal DUS offense	700
shall be considered to be a sentence to a "jail" or "local	701
correctional facility" for purposes of any such provision in	702
section 4510.14 or 4511.19 of the Revised Code or in an ordinance	703
of a municipal corporation.	704

(F)(1) If the board of county commissioners of a county that	705
is being served by a community alternative sentencing center	706
established pursuant to ~~division (E) of~~ this section determines	707
that it no longer wants to be served by the center, the board may	708
dissolve the center by adopting a resolution evidencing the	709
determination to dissolve the center.	710

(2) If the boards of county commissioners of all of the	711
counties served by any district community alternative sentencing	712
center established pursuant to ~~division (E) of~~ this section	713
determine that they no longer want to be served by the center, the	714
boards may dissolve the center by adopting in each county a	715
resolution evidencing the determination to dissolve the center.	716

(3) If at least one, but not all, of the boards of county	717
commissioners of the counties being served by any district	718
community alternative sentencing center established pursuant to	719
~~division (E) of~~ this section determines that it no longer wants to	720
be served by the center, the board may terminate its involvement	721
with the center by adopting a resolution evidencing the	722
determination to terminate its involvement with the center. If at	723
least one, but not all, of the boards of county commissioners of	724
the counties being served by any community alternative sentencing	725
center terminates its involvement with the center in accordance	726
with this division, the other boards of county commissioners of	727
the counties being served by the center may continue to be served	728
by the center.	729

(G) Prior to ~~establishing or~~ operating a community	730
alternative sentencing center or a district community alternative	731
sentencing center, the board of county commissioners or the	732
affiliated group of boards of county commissioners that ~~formulated~~	733
established the ~~proposal~~center shall adopt rules for the	734
operation of the center. The rules shall include criteria that	735
define which offenders are eligible to be sentenced directly to	736
the center and admitted to it.	737

(H) If a board of county commissioners ~~establishes and~~	738
operates or subcontracts for the operation of a community	739
alternative sentencing center ~~under division (E) of this section,~~	740
or an affiliated group of boards of county commissioners	741
~~establishes and~~ operates or subcontracts for the operation of a	742
district community alternative sentencing center under ~~that~~	743
~~division~~this section, all of the following apply:	744

(1) ~~Any~~With the approval of the operator of the center, a	745
court located within ~~the~~any county ~~served by the board that~~	746
~~establishes and operates a community alternative sentencing center~~	747
may directly sentence eligible offenders to ~~the~~a community	748
alternative sentencing center or district community alternative	749
sentencing center pursuant to a community residential sanction of	750
not more than ~~thirty~~ninety days or pursuant to an OVI term of	751
confinement, a combination of an OVI term of confinement and	752
confinement for a violation of section 4510.14 of the Revised	753
Code, or confinement for a municipal DUS offense of not more than	754
ninety days. ~~Any court located within a county served by any of~~	755
~~the boards that establishes and operates a district community~~	756
~~alternative sentencing center may directly sentence eligible~~	757
~~offenders to the center pursuant to a community residential~~	758
~~sanction of not more than thirty days or pursuant to an OVI term~~	759
~~of confinement, a combination of an OVI term of confinement and~~	760
~~confinement for a violation of section 4510.14 of the Revised~~	761
~~Code, or confinement for a municipal DUS offense of not more than~~	762
~~sixty days.~~	763

(2) Each eligible offender who is sentenced to the center as	764
described in division (H)(1) of this section and admitted to it	765
shall be offered during the eligible offender's confinement at the	766
center educational and vocational services and reentry planning	767
and may be offered any other treatment and rehabilitative services	768
that are available and that the court that sentenced the	769
particular eligible offender to the center and the administrator	770
of the center determine are appropriate based upon the offense for	771
which the eligible offender was sentenced to the community	772
residential sanction and the length of the sanction.	773

(3) Before accepting an eligible offender sentenced to the	774
center by a court, the board or the affiliated group of boards	775
shall enter into an agreement with a political subdivision that	776
operates that court that addresses the cost and payment of medical	777
treatment or services received by eligible offenders sentenced by	778
that court while they are confined in the center. The agreement	779
may provide for the payment of the costs by the particular	780
eligible offender who receives the treatment or services, as	781
described in division (I) of this section.	782

(4) ~~If a court sentences an eligible offender to a center~~	783
~~under authority of division (H)(1) of this section, immediately~~	784
~~after the sentence is imposed, the eligible offender shall be~~	785
~~taken to the probation department that serves the court. The~~	786
~~department shall handle any preliminary matters regarding the~~	787
~~admission of the eligible offender to the center, including a~~	788
~~determination as to whether the eligible offender may be admitted~~	789
~~to the center under the criteria included in the rules adopted~~	790
~~under division (G) of this section that define which offenders are~~	791
~~eligible to be sentenced and admitted to the center. If the~~	792
~~eligible offender is accepted for admission to the center, the~~	793
~~department shall schedule the eligible offender for the admission~~	794
~~and shall provide for the transportation of the offender to the~~	795
~~center. If an eligible offender who is sentenced to the center~~	796
~~under a community residential sanction is not accepted for~~	797
~~admission to the center for any reason, the nonacceptance shall be~~	798
~~considered a violation of a condition of the community residential~~	799
~~sanction, the eligible offender shall be taken before the court~~	800
~~that imposed the sentence, and the court may proceed as specified~~	801
~~in division (C)(2) of section 2929.25 of the Revised Code based on~~	802
~~the violation or as provided by ordinance of the municipal~~	803
~~corporation based on the violation, whichever is applicable. If an~~	804
~~eligible offender who is sentenced to the center under an OVI term~~	805
~~of confinement is not accepted for admission to the center for any~~	806
~~reason, the eligible offender shall be taken before the court that~~	807
~~imposed the sentence, and the court shall determine the place at~~	808
~~which the offender is to serve the term of confinement.~~ If ~~the~~an	809
eligible offender a court sentences to the center is admitted to	810
the center, all of the following apply:	811

(a) The admission shall be under the terms and conditions	812
established by the court and the administrator of the center, and	813
the court and the administrator of the center shall provide for	814
the confinement of the eligible offender and supervise the	815
eligible offender as provided in divisions (H)(4)(b) to (f) of	816
this section.	817

(b) The eligible offender shall be confined in the center	818
during any period of time that the eligible offender is not	819
actually working at the eligible offender's approved work release	820
described in division (H)(4)(c) of this section, engaged in	821
community service activities described in division (H)(4)(d) of	822
this section, engaged in authorized vocational training or another	823
authorized educational program, engaged in another program	824
designated by the administrator of the center, or engaged in other	825
activities approved by the court and the administrator of the	826
center.	827

(c) If the court and the administrator of the center	828
determine that work release is appropriate based upon the offense	829
for which the eligible offender was sentenced to the community	830
residential sanction or OVI term of confinement and the length of	831
the sanction or term, the eligible offender may be offered work	832
release from confinement at the center and be released from	833
confinement while engaged in the work release.	834

(d) An eligible offender may not participate in community	835
service without the court's approval. If the administrator of the	836
center determines that community service is appropriate and if the	837
eligible offender will be confined for more than ten days at the	838
center, the eligible offender may be required to participate in	839
community service activities approved by the court and by the	840
political subdivision served by the court. Community service	841
activities that may be required under this division may take place	842
in facilities of the political subdivision that operates the	843
court, in the community, or in both such locales. The eligible	844
offender shall be released from confinement while engaged in the	845
community service activities. Community service activities	846
required under this division shall be supervised by the court or	847
an official designated by the board of county commissioners or	848
affiliated group of boards of county commissioners that	849
established and is operating the center. Community service	850
activities required under this division shall not exceed in	851
duration the period for which the eligible offender will be	852
confined at the center under the community residential sanction or	853
the OVI term of confinement.	854

(e) The confinement of the eligible offender in the center	855
shall be considered for purposes of this division and division	856
(H)(4)(f) of this section as including any period of time	857
described in division (H)(4)(b) of this section when the eligible	858
offender may be outside of the center and shall continue until the	859
expiration of the community residential sanction, the OVI term of	860
confinement, or the combination of the OVI term of confinement and	861
the confinement for the violation of section 4510.14 of the	862
Revised Code or the municipal DUS ordinance that the eligible	863
offender is serving upon admission to the center.	864

(f) After the admission and until the expiration of the	865
community residential sanction or OVI term of confinement that the	866
eligible offender is serving upon admission to the center, the	867
eligible offender shall be considered for purposes of any	868
provision in Title XXIX of the Revised Code to be serving the	869
community residential sanction or OVI term of confinement.	870

(5) The administrator of the center, or the administrator's	871
designee, shall post a sign as described in division (A)(4) of	872
section 2923.1212 of the Revised Code in a conspicuous location at	873
the center.	874

(I) The board of county commissioners that establishes ~~and~~	875
~~operates~~ a community alternative sentencing center under ~~division~~	876
~~(E) of~~ this section, or the affiliated group of boards of county	877
commissioners that establishes ~~and operates~~ a district community	878
alternative sentencing center under ~~that division~~this section,	879
may require an eligible offender who is sentenced directly to the	880
center and admitted to it to pay to the county served by the board	881
or the counties served by the affiliated group of boards or the	882
entity operating the center the reasonable expenses incurred by	883
the county or counties, whichever is applicable, in supervising or	884
confining the eligible offender after being sentenced to the	885
center and admitted. Inability to pay those reasonable expenses	886
shall not be grounds for refusing to admit an otherwise eligible	887
offender to the center.	888

(J)(1) If an eligible offender who is directly sentenced to a	889
community alternative sentencing center or district community	890
alternative sentencing center and admitted to the center	891
successfully completes the service of the community residential	892
sanction in the center, the administrator of the center shall	893
notify the court that imposed the sentence, and the court shall	894
enter into the journal that the eligible offender successfully	895
completed the service of the sanction.	896

(2) If an eligible offender who is directly sentenced to a	897
community alternative sentencing center or district community	898
alternative sentencing center and admitted to the center violates	899
any rule established under this section by the board of county	900
commissioners or the affiliated group of boards of county	901
commissioners that establishes ~~and operates~~ the center, violates	902
any condition of the community residential sanction, the OVI term	903
of confinement, or the combination of the OVI term of confinement	904
and the confinement for the violation of section 4510.14 of the	905
Revised Code or the municipal OVI ordinance imposed by the	906
sentencing court, or otherwise does not successfully complete the	907
service of the community residential sanction or OVI term of	908
confinement in the center, the administrator of the center shall	909
report the violation or failure to successfully complete the	910
sanction or term directly to the court or to the probation	911
department or probation officer with general control and	912
supervision over the eligible offender. A failure to successfully	913
complete the service of the community residential sanction, the	914
OVI term of confinement, or the combination of the OVI term of	915
confinement and the confinement for the violation of section	916
4510.14 of the Revised Code or the municipal OVI ordinance in the	917
center shall be considered a violation of a condition of the	918
community residential sanction or the OVI term of confinement. If	919
the administrator reports the violation to the probation	920
department or probation officer, the department or officer shall	921
report the violation to the court. Upon its receipt under this	922
division of a report of a violation or failure to complete the	923
sanction by a person sentenced to the center under a community	924
residential sanction, the court may proceed as specified in	925
division (C)(2) of section 2929.25 of the Revised Code based on	926
the violation or as provided by ordinance of the municipal	927
corporation based on the violation, whichever is applicable. Upon	928
its receipt under this division of a report of a violation or	929
failure to complete the term by a person sentenced to the center	930
under an OVI term of confinement, the court shall determine the	931
place at which the offender is to serve the remainder of the term	932
of confinement. The eligible offender shall receive credit towards	933
completing the eligible offender's sentence for the time spent in	934
the center after admission to it.	935

Sec. 2151.311. (A) A person taking a child into custody	936
shall, with all reasonable speed and in accordance with division	937
(C) of this section, either:	938

(1) Release the child to the child's parents, guardian, or	939
other custodian, unless the child's detention or shelter care	940
appears to be warranted or required as provided in section 2151.31	941
of the Revised Code;	942

(2) Bring the child to the court or deliver the child to a	943
place of detention or shelter care designated by the court and	944
promptly give notice thereof, together with a statement of the	945
reason for taking the child into custody, to a parent, guardian,	946
or other custodian and to the court.	947

(B) If a parent, guardian, or other custodian fails, when	948
requested by the court, to bring the child before the court as	949
provided by this section, the court may issue its warrant	950
directing that the child be taken into custody and brought before	951
the court.	952

(C)(1) Before taking any action required by division (A) of	953
this section, a person taking a child into custody may hold the	954
child for processing purposes in a county, multicounty, or	955
municipal jail or workhouse, or other place where an adult	956
convicted of crime, under arrest, or charged with crime is held	957
for either of the following periods of time:	958

(a) For a period not to exceed six hours, if all of the	959
following apply:	960

(i) The child is alleged to be a delinquent child for the	961
commission of an act that would be a felony if committed by an	962
adult;	963

(ii) The child remains beyond the range of touch of all adult	964
detainees;	965

(iii) The child is visually supervised by jail or workhouse	966
personnel at all times during the detention;	967

(iv) The child is not handcuffed or otherwise physically	968
secured to a stationary object during the detention.	969

(b) For a period not to exceed three hours, if all of the	970
following apply:	971

(i) The child is alleged to be a delinquent child for the	972
commission of an act that would be a misdemeanor if committed by	973
an adult, is alleged to be a delinquent child for being a chronic	974
truant or an habitual truant who previously has been adjudicated	975
an unruly child for being an habitual truant, or is alleged to be	976
an unruly child or a juvenile traffic offender;	977

(ii) The child remains beyond the range of touch of all adult	978
detainees;	979

(iii) The child is visually supervised by jail or workhouse	980
personnel at all times during the detention;	981

(iv) The child is not handcuffed or otherwise physically	982
secured to a stationary object during the detention.	983

(2) If a child has been transferred to an adult court for	984
prosecution for the alleged commission of a criminal offense,	985
subsequent to the transfer, the child may be held as described in	986
division (F) of section 2152.26 or division (B) of section 5120.16	987
of the Revised Code.	988

(D) If a person who is alleged to be or has been adjudicated	989
a delinquent child or who is in any other category of persons	990
identified in this section is confined under authority of this	991
section in a place specified in division (C) of this section, the	992
fact of the person's admission to and confinement in that place is	993
restricted as described in division (G) of section 2152.26 of the	994
Revised Code.	995

(E) As used in division (C)(1) of this section, "processing	996
purposes" means all of the following:	997

(1) Fingerprinting, photographing, or fingerprinting and	998
photographing the child in a secure area of the facility;	999

(2) Interrogating the child, contacting the child's parent or	1000
guardian, arranging for placement of the child, or arranging for	1001
transfer or transferring the child, while holding the child in a	1002
nonsecure area of the facility.	1003

Sec. 2151.356. (A) The records of a case in which a person	1004
was adjudicated a delinquent child for committing a violation of	1005
section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not	1006
be sealed under this section.	1007

(B)(1) The juvenile court shall promptly order the immediate	1008
sealing of records pertaining to a juvenile in any of the	1009
following circumstances:	1010

(a) If the court receives a record from a public office or	1011
agency under division (B)(2) of this section;	1012

(b) If a person was brought before or referred to the court	1013
for allegedly committing a delinquent or unruly act and the case	1014
was resolved without the filing of a complaint against the person	1015
with respect to that act pursuant to section 2151.27 of the	1016
Revised Code;	1017

(c) If a person was charged with violating division (E)(1) of	1018
section 4301.69 of the Revised Code and the person has	1019
successfully completed a diversion program under division	1020
(E)(2)(a) of section 4301.69 of the Revised Code with respect to	1021
that charge;	1022

(d) If a complaint was filed against a person alleging that	1023
the person was a delinquent child, an unruly child, or a juvenile	1024
traffic offender and the court dismisses the complaint after a	1025
trial on the merits of the case or finds the person not to be a	1026
delinquent child, an unruly child, or a juvenile traffic offender;	1027

(e) Notwithstanding division (C) of this section and subject	1028
to section 2151.358 of the Revised Code, if a person has been	1029
adjudicated an unruly child, that person has attained eighteen	1030
years of age, and the person is not under the jurisdiction of the	1031
court in relation to a complaint alleging the person to be a	1032
delinquent child.	1033

(2) The appropriate public office or agency shall immediately	1034
deliver all original records at that public office or agency	1035
pertaining to a juvenile to the court, if the person was arrested	1036
or taken into custody for allegedly committing a delinquent or	1037
unruly act, no complaint was filed against the person with respect	1038
to the commission of the act pursuant to section 2151.27 of the	1039
Revised Code, and the person was not brought before or referred to	1040
the court for the commission of the act. The records delivered to	1041
the court as required under this division shall not include	1042
fingerprints, DNA specimens, and DNA records described under	1043
division (A)(3) of section 2151.357 of the Revised Code.	1044

(C)(1) The juvenile court shall consider the sealing of	1045
records pertaining to a juvenile upon the court's own motion or	1046
upon the application of a person if the person has been	1047
adjudicated a delinquent child for committing an act other than a	1048
violation of section 2903.01, 2903.02, or 2907.02 of the Revised	1049
Code, an unruly child, or a juvenile traffic offender and if, at	1050
the time of the motion or application, the person is not under the	1051
jurisdiction of the court in relation to a complaint alleging the	1052
person to be a delinquent child. The court shall not require a fee	1053
for the filing of the application. The motion or application may	1054
be made at any time ~~after six months~~ after any of the following	1055
events occur:	1056

(a) The termination of any order made by the court in	1057
relation to the adjudication;	1058

(b) The unconditional discharge of the person from the	1059
department of youth services with respect to a dispositional order	1060
made in relation to the adjudication or from an institution or	1061
facility to which the person was committed pursuant to a	1062
dispositional order made in relation to the adjudication;	1063

(c) The court enters an order under section 2152.84 or	1064
2152.85 of the Revised Code that contains a determination that the	1065
child is no longer a juvenile offender registrant.	1066

(2) In making the determination whether to seal records	1067
pursuant to division (C)(1) of this section, all of the following	1068
apply:	1069

(a) The court may require a person filing an application	1070
under division (C)(1) of this section to submit any relevant	1071
documentation to support the application.	1072

(b) The court may cause an investigation to be made to	1073
determine if the person who is the subject of the proceedings has	1074
been rehabilitated to a satisfactory degree.	1075

(c) The court shall promptly notify the prosecuting attorney	1076
of any proceedings to seal records initiated pursuant to division	1077
(C)(1) of this section.	1078

(d)(i) The prosecuting attorney may file a response with the	1079
court within thirty days of receiving notice of the sealing	1080
proceedings.	1081

(ii) If the prosecuting attorney does not file a response	1082
with the court or if the prosecuting attorney files a response but	1083
indicates that the prosecuting attorney does not object to the	1084
sealing of the records, the court may order the records of the	1085
person that are under consideration to be sealed without	1086
conducting a hearing on the motion or application. If the court	1087
decides in its discretion to conduct a hearing on the motion or	1088
application, the court shall conduct the hearing within thirty	1089
days after making that decision and shall give notice, by regular	1090
mail, of the date, time, and location of the hearing to the	1091
prosecuting attorney and to the person who is the subject of the	1092
records under consideration.	1093

(iii) If the prosecuting attorney files a response with the	1094
court that indicates that the prosecuting attorney objects to the	1095
sealing of the records, the court shall conduct a hearing on the	1096
motion or application within thirty days after the court receives	1097
the response. The court shall give notice, by regular mail, of the	1098
date, time, and location of the hearing to the prosecuting	1099
attorney and to the person who is the subject of the records under	1100
consideration.	1101

(e) After conducting a hearing in accordance with division	1102
(C)(2)(d) of this section or after due consideration when a	1103
hearing is not conducted, except as provided in division (B)(1)(c)	1104
of this section, the court may order the records of the person	1105
that are the subject of the motion or application to be sealed if	1106
it finds that the person has been rehabilitated to a satisfactory	1107
degree. In determining whether the person has been rehabilitated	1108
to a satisfactory degree, the court may consider all of the	1109
following:	1110

(i) The age of the person;

1111

(ii) The nature of the case;

1112

(iii) The cessation or continuation of delinquent, unruly, or	1113
criminal behavior;	1114

(iv) The education and employment history of the person;

1115

(v) The granting of a new tier classification or	1116
declassification from the juvenile offender registry pursuant to	1117
section 2152.85 of the Revised Code, except for public	1118
registry-qualified juvenile offender registrants;	1119

(vi) Any other circumstances that may relate to the	1120
rehabilitation of the person who is the subject of the records	1121
under consideration.	1122

(D)(1)(a) The juvenile court shall provide verbal notice to a	1123
person whose records are sealed under division (B) of this	1124
section, if that person is present in the court at the time the	1125
court issues a sealing order, that explains what sealing a record	1126
means, states that the person may apply to have those records	1127
expunged under section 2151.358 of the Revised Code, and explains	1128
what expunging a record means.	1129

(b) The juvenile court shall provide written notice to a	1130
person whose records are sealed under division (B) of this section	1131
by regular mail to the person's last known address, if that person	1132
is not present in the court at the time the court issues a sealing	1133
order and if the court does not seal the person's record upon the	1134
court's own motion, that explains what sealing a record means,	1135
states that the person may apply to have those records expunged	1136
under section 2151.358 of the Revised Code, and explains what	1137
expunging a record means.	1138

(2) Upon final disposition of a case in which a person has	1139
been adjudicated a delinquent child for committing an act other	1140
than a violation of section 2903.01, 2903.02, or 2907.02 of the	1141
Revised Code, an unruly child, or a juvenile traffic offender, the	1142
juvenile court shall provide written notice to the person that	1143
does all of the following:	1144

(a) States that the person may apply to the court for an	1145
order to seal the record;	1146

(b) Explains what sealing a record means;

1147

(c) States that the person may apply to the court for an	1148
order to expunge the record under section 2151.358 of the Revised	1149
Code;	1150

(d) Explains what expunging a record means.

1151

(3) The department of youth services and any other	1152
institution or facility that unconditionally discharges a person	1153
who has been adjudicated a delinquent child, an unruly child, or a	1154
juvenile traffic offender shall immediately give notice of the	1155
discharge to the court that committed the person. The court shall	1156
note the date of discharge on a separate record of discharges of	1157
those natures.	1158

Sec. 2152.26. (A) Except as provided in divisions (B) and	1159
(F) of this section, a child alleged to be or adjudicated a	1160
delinquent child or a juvenile traffic offender may be held only	1161
in the following places:	1162

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

1163

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

1164

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

1165

(B) In addition to the places listed in division (A) of this	1166
section, a child alleged to be or adjudicated a delinquent child	1167
or a person described in division (C)(7) of section 2152.02 of the	1168
Revised Code may be held in a detention facility for delinquent	1169
children that is under the direction or supervision of the court	1170
or other public authority or of a private agency and approved by	1171
the court, and a child adjudicated a delinquent child may be held	1172
in accordance with division (F)(2) of this section in a facility	1173
of a type specified in that division. ~~Division (B) of this section~~	1174
This division does not apply to a child alleged to be or	1175
adjudicated a delinquent child for chronic truancy, unless the	1176
child violated a lawful court order made pursuant to division	1177
(A)(6) of section 2152.19 of the Revised Code. ~~Division (B) of~~	1178
~~this section~~This division also does not apply to a child alleged	1179
to be or adjudicated a delinquent child for being an habitual	1180
truant who previously has been adjudicated an unruly child for	1181
being an habitual truant, unless the child violated a lawful court	1182
order made pursuant to division (C)(1)(e) of section 2151.354 of	1183
the Revised Code.	1184

(C)(1) Except as provided under division (C)(1) of section	1185
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1186
of the Revised Code, a child alleged to be or adjudicated a	1187
juvenile traffic offender may not be held in any of the following	1188
facilities:	1189

(a) A state correctional institution, county, multicounty, or	1190
municipal jail or workhouse, or other place in which an adult	1191
convicted of crime, under arrest, or charged with a crime is held.	1192

(b) A secure correctional facility.

1193

(2) Except as provided under this section, sections 2151.56	1194
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the	1195
Revised Code, a child alleged to be or adjudicated a juvenile	1196
traffic offender may not be held for more than twenty-four hours	1197
in a detention facility.	1198

(D) Except as provided in division (F) of this section or in	1199
division (C) of section 2151.311, in division (C)(2) of section	1200
5139.06 and section 5120.162, or in division (B) of section	1201
5120.16 of the Revised Code, a child who is alleged to be or is	1202
adjudicated a delinquent child or a person described in division	1203
(C)(7) of section 2152.02 of the Revised Code may not be held in a	1204
state correctional institution, county, multicounty, or municipal	1205
jail or workhouse, or other place where an adult convicted of	1206
crime, under arrest, or charged with crime is held.	1207

(E) Unless the detention is pursuant to division (F) of this	1208
section or division (C) of section 2151.311, division (C)(2) of	1209
section 5139.06 and section 5120.162, or division (B) of section	1210
5120.16 of the Revised Code, the official in charge of the	1211
institution, jail, workhouse, or other facility shall inform the	1212
court immediately when a person who is or appears to be under the	1213
age of eighteen years, or a person who is charged with a violation	1214
of an order of a juvenile court or a violation of probation or	1215
parole conditions imposed by a juvenile court and who is or	1216
appears to be between the ages of eighteen and twenty-one years,	1217
is received at the facility and shall deliver the person to the	1218
court upon request or transfer the person to a detention facility	1219
designated by the court.	1220

(F)(1) If a case is transferred to another court for criminal	1221
prosecution pursuant to section 2152.12 of the Revised Code and	1222
the alleged offender is a person described in division (C)(7) of	1223
section 2152.02 of the Revised Code, the person may not be	1224
transferred for detention pending the criminal prosecution in a	1225
jail or other facility except under the circumstances described in	1226
division (F)(4) of this section. Any child held in accordance with	1227
division (F)(3) of this section shall be confined in a manner that	1228
keeps the child beyond the sight and sound of all adult detainees.	1229
The child shall be supervised at all times during the detention.	1230

(2) If a person is adjudicated a delinquent child or juvenile	1231
traffic offender or is a person described in division (C)(7) of	1232
section 2152.02 of the Revised Code and the court makes a	1233
disposition of the person under this chapter, at any time after	1234
the person attains twenty-one years of age, the person may be held	1235
under that disposition or under the circumstances described in	1236
division (F)(4) of this section in places other than those	1237
specified in division (A) of this section, including, but not	1238
limited to, a county, multicounty, or municipal jail or workhouse,	1239
or other place where an adult convicted of crime, under arrest, or	1240
charged with crime is held.	1241

(3)(a) A person alleged to be a delinquent child may be held	1242
in places other than those specified in division (A) of this	1243
section, including, but not limited to, a county, multicounty, or	1244
municipal jail, if the delinquent act that the child allegedly	1245
committed would be a felony if committed by an adult, and if	1246
either of the following applies:	1247

(i) The person attains twenty-one years of age before the	1248
person is arrested or apprehended for that act.	1249

(ii) The person is arrested or apprehended for that act	1250
before the person attains twenty-one years of age, but the person	1251
attains twenty-one years of age before the court orders a	1252
disposition in the case.	1253

(b) If, pursuant to division (F)(3)(a) of this section, a	1254
person is held in a place other than a place specified in division	1255
(A) of this section, the person has the same rights to bail as an	1256
adult charged with the same offense who is confined in a jail	1257
pending trial.	1258

(4)(a) Any person whose case is transferred for criminal	1259
prosecution pursuant to section ~~2151.10~~2152.10 or 2152.12 of the	1260
Revised Code or any person who has attained the age of eighteen	1261
years but has not attained the age of twenty-one years and who is	1262
being held in a place specified in division (B) of this section	1263
may be held under that disposition or charge in places other than	1264
those specified in division (B) of this section, including a	1265
county, multicounty, or municipal jail or workhouse, or other	1266
place where an adult under arrest or charged with crime is held if	1267
the juvenile court, upon its own motion or upon motion by the	1268
prosecutor and after notice and hearing, establishes by a	1269
preponderance of the evidence and makes written findings of either	1270
of the following:	1271

(i) With respect to a person whose case is transferred for	1272
criminal prosecution pursuant to either specified section or who	1273
has attained the age of eighteen years but who has not attained	1274
the age of twenty-one years and is being so held, that the youth	1275
is a threat to the safety and security of the facility~~. Evidence~~	1276
~~that the~~;	1277

(ii) With respect to a person who has attained the age of	1278
eighteen years but who has not attained the age of twenty-one	1279
years and is being so held, that the best interests of the youth	1280
require that the youth be held in a place other than a place	1281
specified in division (B) of this section, including a county,	1282
multicounty, or municipal jail or workhouse, or other place where	1283
an adult under arrest or charged with crime is held.	1284

(b) In determining for purposes of division (F)(4)(a)(i) of	1285
this section whether a youth is a threat to the safety and	1286
security of the facility, evidence that the youth is a threat to	1287
the safety and security of the facility may include, but is not	1288
limited to, whether the youth has done any of the following:	1289

(i) Injured or created an imminent danger to the life or	1290
health of another youth or staff member in the facility or program	1291
by violent behavior;	1292

(ii) Escaped from the facility or program in which the youth	1293
is being held on more than one occasion;	1294

(iii) Established a pattern of disruptive behavior as	1295
verified by a written record that the youth's behavior is not	1296
conducive to the established policies and procedures of the	1297
facility or program in which the youth is being held.	1298

~~(b)~~(c) If ~~the~~a prosecutor submits a motion requesting that	1299
~~the~~a person be held in a place other than those specified in	1300
division (B) of this section or if the court submits its own	1301
motion, the juvenile court shall hold a hearing within five days	1302
of the filing of the motion, and, in determining whether a place	1303
other than those specified in division (B) of this section is the	1304
appropriate place of confinement for the person, the court shall	1305
consider the following factors:	1306

(i) The age of the person;

1307

(ii) Whether the person would be deprived of contact with	1308
other people for a significant portion of the day or would not	1309
have access to recreational facilities or age-appropriate	1310
educational opportunities in order to provide physical separation	1311
from adults;	1312

(iii) The person's current emotional state, intelligence, and	1313
developmental maturity, including any emotional and psychological	1314
trauma, and the risk to the person in an adult facility, which may	1315
be evidenced by mental health or psychological assessments or	1316
screenings made available to the prosecuting attorney and the	1317
defense counsel;	1318

(iv) Whether detention in a juvenile facility would	1319
adequately serve the need for community protection pending the	1320
outcome of the criminal proceeding;	1321

(v) The relative ability of the available adult and juvenile	1322
detention facilities to meet the needs of the person, including	1323
the person's need for age-appropriate mental health and	1324
educational services delivered by individuals specifically trained	1325
to deal with youth;	1326

(vi) Whether the person presents an imminent risk of	1327
self-inflicted harm or an imminent risk of harm to others within a	1328
juvenile facility;	1329

(vii) Any other factors the juvenile court considers to be	1330
relevant.	1331

~~(c)~~(d) If the juvenile court determines that a place other	1332
than those specified in division (B) of this section is the	1333
appropriate place for confinement of a person pursuant to division	1334
(F)(4)(a) of this section, the person may petition the juvenile	1335
court for a review hearing thirty days after the initial	1336
confinement decision, thirty days after any subsequent review	1337
hearing, or at any time after the initial confinement decision	1338
upon an emergency petition by the youth due to the youth facing an	1339
imminent danger from others or the youth's self. Upon receipt of	1340
the petition, the juvenile court has discretion over whether to	1341
conduct the review hearing and may set the matter for a review	1342
hearing if the youth has alleged facts or circumstances that, if	1343
true, would warrant reconsideration of the youth's placement in a	1344
place other than those specified in division (B) of this section	1345
based on the factors listed in division (F)(4)~~(b)~~(c) of this	1346
section.	1347

~~(d)~~(e) Upon the admission of a person described in division	1348
(F)(4)(a) of this section to a place other than those specified in	1349
division (B) of this section, the facility shall advise the person	1350
of the person's right to request a review hearing as described in	1351
division (F)(4)(d) of this section.	1352

~~(e)~~(f) Any person transferred under division (F)(4)(a) of	1353
this section to a place other than those specified in division (B)	1354
of this section shall be confined in a manner that keeps the	1355
person beyond sight and sound of all adult detainees. The person	1356
shall be supervised at all times during the detention.	1357

(G)(1) If a person who is alleged to be or has been	1358
adjudicated a delinquent child or who is in any other category of	1359
persons identified in this section or section 2151.311 of the	1360
Revised Code is confined under authority of any Revised Code	1361
section in a place other than a place specified in division (B) of	1362
this section, including a county, multicounty, or municipal jail	1363
or workhouse, or other place where an adult under arrest or	1364
charged with crime is held, subject to division (G)(2) of this	1365
section, the fact of the person's admission to and confinement in	1366
that place is not a public record open for inspection or copying	1367
under section 149.43 of the Revised Code and is confidential and	1368
shall not be released to any person other than to a court, to a	1369
law enforcement agency for law enforcement purposes, or to a	1370
person specified by court order.	1371

(2) Division (G)(1) of this section does not apply with	1372
respect to a person whose case is transferred for criminal	1373
prosecution pursuant to section 2152.10 or 2152.12 of the Revised	1374
Code, who is convicted of or pleads guilty to an offense in that	1375
case, who is confined after that conviction or guilty plea in a	1376
place other than a place specified in division (B) of this	1377
section, and to whom one of the following applies:	1378

(a) The case was transferred other than pursuant to division	1379
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	1380
Code.	1381

(b) The case was transferred pursuant to division	1382
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	1383
Code, and the person is sentenced for the offense pursuant to	1384
division (B)(4) of section 2152.121 of the Revised Code.	1385

(c) The case was transferred pursuant to division	1386
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	1387
Code, the person is sentenced for the offense pursuant to division	1388
(B)(3) of section 2152.121 of the Revised Code by the court in	1389
which the person was convicted of or pleaded guilty to the	1390
offense, and the sentence imposed by that court is invoked	1391
pursuant to division (B)(3)(b) of section 2152.121 of the Revised	1392
Code.	1393

Sec. 2907.27. (A)(1) If a person is charged with a violation	1394
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	1395
2907.25 of the Revised Code or with a violation of a municipal	1396
ordinance that is substantially equivalent to any of those	1397
sections, the arresting authorities or a court, upon the request	1398
of the prosecutor in the case or upon the request of the victim,	1399
shall cause the accused to submit to one or more appropriate tests	1400
to determine if the accused is suffering from a venereal disease.	1401
~~The court, upon the request of the prosecutor in the case or upon~~	1402
~~the request of the victim shall cause the accused to submit to one~~	1403
~~or more appropriate tests to determine if the accused is suffering~~	1404
~~from the human immunodeficiency virus (HIV) within forty-eight~~	1405
~~hours after the date on which the complaint, information, or~~	1406
~~indictment is filed or within forty-eight hours after the date on~~	1407
~~which the complaint, information, or indictment is served on the~~	1408
~~accused, whichever date is later. Nothing in this section shall be~~	1409
~~construed to prevent the court from ordering at any time during~~	1410
~~which the complaint, information, or indictment is pending, that~~	1411
~~the accused submit to one or more appropriate tests to determine~~	1412
~~if the accused is suffering from a venereal disease or from the~~	1413
~~human immunodeficiency virus (HIV).~~	1414

(2) If the accused is found to be suffering from a venereal	1415
disease in an infectious stage, the accused shall be required to	1416
submit to medical treatment for that disease. The cost of the	1417
medical treatment shall be charged to and paid by the accused who	1418
undergoes the treatment. If the accused is indigent, the court	1419
shall order the accused to report to a facility operated by a city	1420
health district or a general health district for treatment. If the	1421
accused is convicted of or pleads guilty to the offense with which	1422
the accused is charged and is placed under a community control	1423
sanction, a condition of community control shall be that the	1424
offender submit to and faithfully follow a course of medical	1425
treatment for the venereal disease. If the offender does not seek	1426
the required medical treatment, the court may revoke the	1427
offender's community control and order the offender to undergo	1428
medical treatment during the period of the offender's	1429
incarceration and to pay the cost of that treatment.	1430

(B)(1)(a) If a person is charged with a violation of division	1431
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	1432
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	1433
Code or, with a violation of a municipal ordinance that is	1434
substantially equivalent to that division or any of those	1435
sections, or with a violation of a statute or municipal ordinance	1436
in which by force or threat of force the accused compelled the	1437
victim to engage in sexual activity, the court, upon the request	1438
of the prosecutor in the case, upon the request of the victim, or	1439
upon the request of any other person whom the court reasonably	1440
believes had contact with the accused in circumstances related to	1441
the violation that could have resulted in the transmission to that	1442
person of the human immunodeficiency virus, shall cause the	1443
accused to submit to one or more tests designated by the director	1444
of health under section 3701.241 of the Revised Code to determine	1445
if the accused is infected with HIV. The court shall cause the	1446
accused to submit to the test or tests within forty-eight hours	1447
after the indictment, information, or complaint is presented. The	1448
court shall order follow-up tests for HIV as may be medically	1449
appropriate.	1450

(b) The court, upon the request of the prosecutor in the	1451
case, upon the request of the victim with the agreement of the	1452
prosecutor, or upon the request of any other person with the	1453
agreement of the prosecutor, may cause an accused who is charged	1454
with a violation of any ~~other~~division or section of the Revised	1455
Code or ~~with a violation of~~ any ~~other~~ municipal ordinance not	1456
described in division (B)(1)(a) of this section to submit to one	1457
or more tests so designated by the director of health if the	1458
circumstances of the violation indicate probable cause to believe	1459
that the accused, if the accused is infected with HIV, might have	1460
transmitted HIV to any of the following persons in committing the	1461
violation:	1462

(i) In relation to a request made by the prosecuting	1463
attorney, to the victim or to any other person;	1464

(ii) In relation to a request made by the victim, to the	1465
victim making the request;	1466

(iii) In relation to a request made by any other person, to	1467
the person making the request.	1468

~~(b)~~(c) The results of a test conducted under division	1469
(B)(1)(a) of this section shall be provided as soon as practicable	1470
to the victim, or the parent or guardian of the victim, and the	1471
accused. The results of any follow-up test conducted under that	1472
division also shall be provided as soon as practicable to the	1473
victim, or the parent or guardian of the victim, and the accused.	1474
The results of a test performed under division (B)(1)~~(a)~~(b) of	1475
this section shall be communicated in confidence to the court,	1476
~~and~~ the court shall inform the accused of the result~~. The~~, and the	1477
court shall inform the victim that the test was performed and that	1478
the victim has a right to receive the results on request. If	1479
Additionally, for a test under either division (B)(1)(a) or (b) of	1480
this section, all of the following apply:	1481

(i) If the test was performed upon the request of a person	1482
other than the prosecutor in the case and other than the victim,	1483
the court shall inform the person who made the request that the	1484
test was performed and that the person has a right to receive the	1485
results upon request. ~~Additionally, regardless~~	1486

(ii) Regardless of who made the request that was the basis of	1487
the test being performed, if the court reasonably believes that,	1488
in circumstances related to the violation, a person other than the	1489
victim had contact with the accused that could have resulted in	1490
the transmission of HIV to that person, the court may inform that	1491
person that the test was performed and that the person has a right	1492
to receive the results of the test on request. If	1493

(iii) If the accused tests positive for HIV, the test results	1494
shall be reported to the department of health in accordance with	1495
section 3701.24 of the Revised Code and to the sheriff, head of	1496
the state correctional institution, or other person in charge of	1497
any jail or prison in which the accused is incarcerated. If	1498

(iv) If the accused tests positive for HIV and the accused	1499
was charged with, and was convicted of or pleaded guilty to, a	1500
violation of section 2907.24, 2907.241, or 2907.25 of the Revised	1501
Code or a violation of a municipal ordinance that is substantially	1502
equivalent to any of those sections, the test results also shall	1503
be reported to the law enforcement agency that arrested the	1504
accused, and the law enforcement agency may use the test results	1505
as the basis for any future charge of a violation of division (B)	1506
of any of those sections or a violation of a municipal ordinance	1507
that is substantially equivalent to division (B) of any of those	1508
sections. ~~No other~~	1509

(v) Except as otherwise provided in the first paragraph in	1510
division (B)(1)(c) of this section or in division (B)(1)(c)(i),	1511
(ii), (iii), or (iv) of this section, no disclosure of the test	1512
results or the fact that a test was performed shall be made, other	1513
than as evidence in a grand jury proceeding or as evidence in a	1514
judicial proceeding in accordance with the Rules of Evidence. If	1515

(vi) If the test result is negative, and the charge has not	1516
been dismissed or if the accused has been convicted of the charge	1517
or a different offense arising out of the same circumstances as	1518
the offense charged, the court shall order that the test be	1519
repeated not earlier than three months nor later than six months	1520
after the original test.	1521

(2) If an accused who is free on bond refuses to submit to a	1522
test ordered by the court pursuant to division (B)(1) of this	1523
section, the court may order that the accused's bond be revoked	1524
and that the accused be incarcerated until the test is performed.	1525
If an accused who is incarcerated refuses to submit to a test	1526
ordered by the court pursuant to division (B)(1) of this section,	1527
the court shall order the person in charge of the jail or prison	1528
in which the accused is incarcerated to take any action necessary	1529
to facilitate the performance of the test, including the forcible	1530
restraint of the accused for the purpose of drawing blood to be	1531
used in the test.	1532

(3) A state agency, a political subdivision of the state, or	1533
an employee of a state agency or of a political subdivision of the	1534
state is immune from liability in a civil action to recover	1535
damages for injury, death, or loss to person or property allegedly	1536
caused by any act or omission in connection with the performance	1537
of the duties required under division (B)(2) of this section	1538
unless the acts or omissions are with malicious purpose, in bad	1539
faith, or in a wanton or reckless manner.	1540

(C) Nothing in this section shall be construed to prevent a	1541
court in which a person is charged with any offense specified in	1542
division (A)(1) or (B)(1)(a) of this section from ordering at any	1543
time during which the complaint, information, or indictment is	1544
pending, that the accused submit to one or more appropriate tests	1545
to determine if the accused is suffering from a venereal disease	1546
or from HIV.	1547

(D) As used in this section:

1548

(1) "Community control sanction" has the same meaning as in	1549
section 2929.01 of the Revised Code.	1550

(2) "HIV" means the human immunodeficiency virus.

1551

Sec. 2929.26. (A) Except when a mandatory jail term is	1552
required by law, the court imposing a sentence for a misdemeanor,	1553
other than a minor misdemeanor, may impose upon the offender any	1554
community residential sanction or combination of community	1555
residential sanctions under this section. Community residential	1556
sanctions include, but are not limited to, the following:	1557

(1) A term of up to one hundred eighty days in a halfway	1558
house or community-based correctional facility or a term in a	1559
halfway house or community-based correctional facility not to	1560
exceed the longest jail term available for the offense, whichever	1561
is shorter, if the political subdivision that would have	1562
responsibility for paying the costs of confining the offender in a	1563
jail has entered into a contract with the halfway house or	1564
community-based correctional facility for use of the facility for	1565
misdemeanor offenders;	1566

(2) If the offender is an eligible offender, as defined in	1567
section 307.932 of the Revised Code, a term ~~of up to sixty days~~ in	1568
a community alternative sentencing center or district community	1569
alternative sentencing center established and operated in	1570
accordance with that section, in the circumstances specified in	1571
that section, with one of the conditions of the sanction being	1572
that the offender successfully complete the portion of the	1573
sentence to be served in the center ~~the entire term imposed~~.	1574

(B) A sentence to a community residential sanction under	1575
division (A)~~(3)~~(2) of this section shall be in accordance with	1576
section 307.932 of the Revised Code. In all other cases, the court	1577
that sentences an offender to a community residential sanction	1578
under this section may do either or both of the following:	1579

(1) Permit the offender to serve the offender's sentence in	1580
intermittent confinement, overnight, on weekends or at any other	1581
time or times that will allow the offender to continue at the	1582
offender's occupation or care for the offender's family;	1583

(2) Authorize the offender to be released so that the	1584
offender may seek or maintain employment, receive education or	1585
training, receive treatment, perform community service, or	1586
otherwise fulfill an obligation imposed by law or by the court. A	1587
release pursuant to this division shall be only for the duration	1588
of time that is needed to fulfill the purpose of the release and	1589
for travel that reasonably is necessary to fulfill the purposes of	1590
the release.	1591

(C) The court may order that a reasonable portion of the	1592
income earned by the offender upon a release pursuant to division	1593
(B) of this section be applied to any financial sanction imposed	1594
under section 2929.28 of the Revised Code.	1595

(D) No court shall sentence any person to a prison term for a	1596
misdemeanor or minor misdemeanor or to a jail term for a minor	1597
misdemeanor.	1598

(E) If a court sentences a person who has been convicted of	1599
or pleaded guilty to a misdemeanor to a community residential	1600
sanction as described in division (A) of this section, at the time	1601
of reception and at other times the person in charge of the	1602
operation of the halfway house, community alternative sentencing	1603
center, district community alternative sentencing center, or other	1604
place at which the offender will serve the residential sanction	1605
determines to be appropriate, the person in charge of the	1606
operation of the halfway house, community alternative sentencing	1607
center, district community alternative sentencing center, or other	1608
place may cause the convicted offender to be examined and tested	1609
for tuberculosis, HIV infection, hepatitis, including, but not	1610
limited to, hepatitis A, B, and C, and other contagious diseases.	1611
The person in charge of the operation of the halfway house,	1612
community alternative sentencing center, district community	1613
alternative sentencing center, or other place at which the	1614
offender will serve the residential sanction may cause a convicted	1615
offender in the halfway house, community alternative sentencing	1616
center, district community alternative sentencing center, or other	1617
place who refuses to be tested or treated for tuberculosis, HIV	1618
infection, hepatitis, including, but not limited to, hepatitis A,	1619
B, and C, or another contagious disease to be tested and treated	1620
involuntarily.	1621

(F) A political subdivision may enter into a contract with a	1622
halfway house for use of the halfway house to house misdemeanor	1623
offenders under a sanction imposed under division (A)(1) of this	1624
section.	1625

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	1626
Code do not apply to any of the following:	1627

(A) Convictions when the offender is subject to a mandatory	1628
prison term;	1629

(B) Convictions under section 2907.02, 2907.03, 2907.04,	1630
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	1631
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	1632
Code, or a conviction for a violation of a municipal ordinance	1633
that is substantially similar to any section contained in any of	1634
those chapters, except as otherwise provided in section 2953.61 of	1635
the Revised Code;	1636

(C) Convictions of an offense of violence when the offense is	1637
a misdemeanor of the first degree or a felony and when the offense	1638
is not a violation of section 2917.03 of the Revised Code and is	1639
not a violation of section 2903.13, 2917.01, or 2917.31 of the	1640
Revised Code that is a misdemeanor of the first degree;	1641

(D) Convictions on or after October 10, 2007, under section	1642
2907.07 of the Revised Code or a conviction on or after October	1643
10, 2007, for a violation of a municipal ordinance that is	1644
substantially similar to that section;	1645

(E) Convictions on or after October 10, 2007, under section	1646
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311,	1647
2907.32, or 2907.33 of the Revised Code when the victim of the	1648
offense was under eighteen years of age;	1649

(F) Convictions of an offense in circumstances in which the	1650
victim of the offense was under eighteen years of age when the	1651
offense is a misdemeanor of the first degree or a felony, except	1652
for convictions under section 2919.21 of the Revised Code;	1653

(G) Convictions of a felony of the first or second degree;

1654

(H) Bail forfeitures in a traffic case as defined in Traffic	1655
Rule 2.	1656

Sec. 2953.61. ~~When~~(A) Except as provided in division (B) of	1657
this section, when a person is charged with two or more offenses	1658
as a result of or in connection with the same act and at least one	1659
of the charges has a final disposition that is different than the	1660
final disposition of the other charges, the person may not apply	1661
to the court for the sealing of ~~his~~the person's record in any of	1662
the cases until such time as hethe person would be able to apply	1663
to the court and have all of the records in all of the cases	1664
pertaining to those charges sealed pursuant to divisions (A)(1)	1665
and (2) of section 2953.32 and divisions (A)(1) and (2) of section	1666
2953.52 of the Revised Code.	1667

(B) When a person is charged with two or more offenses as a	1668
result of or in connection with the same act, a record pertaining	1669
to any charge that is otherwise eligible for sealing may be sealed	1670
pursuant to section 2953.32 or 2953.52 of the Revised Code,	1671
notwithstanding the fact that one or more other charges are for	1672
offenses the records of which may not be sealed under section	1673
2953.36 of the Revised Code.	1674

Sec. 4510.111. (A) No person shall operate any motor vehicle	1675
upon a highway or any public or private property used by the	1676
public for purposes of vehicular travel or parking in this state	1677
whose driver's or commercial driver's license has been suspended	1678
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	1679
4510.032, 4510.22, or 4510.33 of the Revised Code.	1680

(B) Upon the request or motion of the prosecuting authority,	1681
a noncertified copy of the law enforcement automated data system	1682
report or a noncertified copy of a record of the registrar of	1683
motor vehicles that shows the name, date of birth, and social	1684
security number of a person charged with a violation of division	1685
(A) of this section may be admitted into evidence as prima-facie	1686
evidence that the license of the person was under suspension at	1687
the time of the alleged violation of division (A) of this section.	1688
The person charged with a violation of division (A) of this	1689
section may offer evidence to rebut this prima-facie evidence.	1690

(C) Whoever violates division (A) of this section is guilty	1691
of driving under suspension, and shall be punished as provided in	1692
division ~~(D)~~(C)(1) or (2) of this section.	1693

(1) Except as otherwise provided in division ~~(D)~~(C)(2) of	1694
this section, the offense is an unclassified misdemeanor. The	1695
offender shall be sentenced pursuant to sections 2929.21 to	1696
2929.28 of the Revised Code, except that the offender shall not be	1697
sentenced to a jail term; the offender shall not be sentenced to a	1698
community residential sanction pursuant to section 2929.26 of the	1699
Revised Code; notwithstanding division (A)(2)(a) of section	1700
2929.28 of the Revised Code, the offender may be fined up to one	1701
thousand dollars; and, notwithstanding division (A)(3) of section	1702
2929.27 of the Revised Code, the offender may be ordered pursuant	1703
to division (C) of that section to serve a term of community	1704
service of up to five hundred hours. The failure of an offender to	1705
complete a term of community service imposed by the court may be	1706
punished as indirect criminal contempt under division (A) of	1707
section 2705.02 of the Revised Code that may be filed in the	1708
underlying case.	1709

(2) If, within three years of the offense, the offender	1710
previously was convicted of or pleaded guilty to two or more	1711
violations of division (A) of this section, or any combination of	1712
two or more violations of division (A) ) of this section or	1713
section 4510.11 or 4510.16 of the Revised Code, or a substantially	1714
equivalent municipal ordinance, the offense is a misdemeanor of	1715
the fourth degree, and the offender shall provide the court with	1716
proof of financial responsibility as defined in section 4509.01 of	1717
the Revised Code. If the offender fails to provide that proof of	1718
financial responsibility, then in addition to any other penalties	1719
provided by law, the court may order restitution pursuant to	1720
section 2929.28 of the Revised Code in an amount not exceeding	1721
five thousand dollars for any economic loss arising from an	1722
accident or collision that was the direct and proximate result of	1723
the offender's operation of the vehicle before, during, or after	1724
committing the offense for which the offender is sentenced under	1725
this section.	1726

Sec. 4510.16. (A) No person, whose driver's or commercial	1727
driver's license or temporary instruction permit or nonresident's	1728
operating privilege has been suspended or canceled pursuant to	1729
Chapter 4509. of the Revised Code, shall operate any motor vehicle	1730
within this state, or knowingly permit any motor vehicle owned by	1731
the person to be operated by another person in the state, during	1732
the period of the suspension or cancellation, except as	1733
specifically authorized by Chapter 4509. of the Revised Code. No	1734
person shall operate a motor vehicle within this state, or	1735
knowingly permit any motor vehicle owned by the person to be	1736
operated by another person in the state, during the period in	1737
which the person is required by section 4509.45 of the Revised	1738
Code to file and maintain proof of financial responsibility for a	1739
violation of section 4509.101 of the Revised Code, unless proof of	1740
financial responsibility is maintained with respect to that	1741
vehicle.	1742

(B) No person shall operate any motor vehicle upon a highway	1743
or any public or private property used by the public for purposes	1744
of vehicular travel or parking in this state if the person's	1745
driver's or commercial driver's license or temporary instruction	1746
permit or nonresident operating privilege has been suspended	1747
pursuant to section 4509.37 or 4509.40 of the Revised Code for	1748
nonpayment of a judgment.	1749

(C) Upon the request or motion of the prosecuting authority,	1750
a noncertified copy of the law enforcement automated data system	1751
report or a noncertified copy of a record of the registrar of	1752
motor vehicles that shows the name, date of birth, and social	1753
security number of a person charged with a violation of division	1754
(A) or (B) of this section may be admitted into evidence as	1755
prima-facie evidence that the license of the person was under	1756
either a financial responsibility law suspension at the time of	1757
the alleged violation of division (A) of this section or a	1758
nonpayment of judgment suspension at the time of the alleged	1759
violation of division (B) of this section. The person charged with	1760
a violation of division (A) or (B) of this section may offer	1761
evidence to rebut this prima-facie evidence.	1762

(D) Whoever violates division (A) of this section is guilty	1763
of driving under financial responsibility law suspension or	1764
cancellation and shall be punished as provided in divisions (D) to	1765
(I) of this section. Whoever violates division (B) of this section	1766
is guilty of driving under a nonpayment of judgment suspension and	1767
shall be punished as provided in divisions (D) to (I) of this	1768
section.	1769

(1) Except as otherwise provided in division (D)(2) of this	1770
section, the offense is an unclassified misdemeanor. When the	1771
offense is an unclassified misdemeanor, the offender shall be	1772
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised	1773
Code, except that the offender shall not be sentenced to a jail	1774
term; the offender shall not be sentenced to a community	1775
residential sanction pursuant to section 2929.26 of the Revised	1776
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	1777
Revised Code, the offender may be fined up to one thousand	1778
dollars; and, notwithstanding division (A)(3) of section 2929.27	1779
of the Revised Code, the offender may be ordered pursuant to	1780
division (C) of that section to serve a term of community service	1781
of up to five hundred hours. The failure of an offender to	1782
complete a term of community service imposed by the court may be	1783
punished as indirect criminal contempt under division (A) of	1784
section 2705.02 of the Revised Code that may be filed in the	1785
underlying case.	1786

(2) If, within three years of the offense, the offender	1787
previously was convicted of or pleaded guilty to two or more	1788
violations of this section, or any combination of two violations	1789
of this section or section 4510.11 or 4510.111 of the Revised	1790
Code, or a substantially equivalent municipal ordinance, the	1791
offense is a misdemeanor of the fourth degree.	1792

(3) The offender shall provide the court with proof of	1793
financial responsibility as defined in section 4509.01 of the	1794
Revised Code. If the offender fails to provide that proof of	1795
financial responsibility, then in addition to any other penalties	1796
provided by law, the court may order restitution pursuant to	1797
section 2929.28 of the Revised Code in an amount not exceeding	1798
five thousand dollars for any economic loss arising from an	1799
accident or collision that was the direct and proximate result of	1800
the offender's operation of the vehicle before, during, or after	1801
committing the offense for which the offender is sentenced under	1802
this section.	1803

Sec. 5120.651. An inmate is eligible to participate in the	1804
prison nursery program if she is pregnant at the time she is	1805
delivered into the custody of the department of rehabilitation and	1806
correction, she gives birth on or after the date the program is	1807
implemented, she is subject to a sentence of imprisonment of not	1808
more than ~~eighteen months~~three years, and she and the child meet	1809
any other criteria established by the department.	1810

Section 2. That existing sections 109.57, 307.932, 2151.311,	1811
2151.356, 2152.26, 2907.27, 2929.26, 2953.36, 2953.61, 4510.111,	1812
4510.16, and 5120.651 of the Revised Code are hereby repealed.	1813

Section 3. That the version of section 109.57 of the Revised	1814
Code that is scheduled to take effect January 1, 2014, be amended	1815
to read as follows:	1816

Sec. 109.57. (A)(1) The superintendent of the bureau of	1817
criminal identification and investigation shall procure from	1818
wherever procurable and file for record photographs, pictures,	1819
descriptions, fingerprints, measurements, and other information	1820
that may be pertinent of all persons who have been convicted of	1821
committing within this state a felony, any crime constituting a	1822
misdemeanor on the first offense and a felony on subsequent	1823
offenses, or any misdemeanor described in division (A)(1)(a),	1824
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	1825
all children under eighteen years of age who have been adjudicated	1826
delinquent children for committing within this state an act that	1827
would be a felony or an offense of violence if committed by an	1828
adult or who have been convicted of or pleaded guilty to	1829
committing within this state a felony or an offense of violence,	1830
and of all well-known and habitual criminals. The person in charge	1831
of any county, multicounty, municipal, municipal-county, or	1832
multicounty-municipal jail or workhouse, community-based	1833
correctional facility, halfway house, alternative residential	1834
facility, or state correctional institution and the person in	1835
charge of any state institution having custody of a person	1836
suspected of having committed a felony, any crime constituting a	1837
misdemeanor on the first offense and a felony on subsequent	1838
offenses, or any misdemeanor described in division (A)(1)(a),	1839
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	1840
having custody of a child under eighteen years of age with respect	1841
to whom there is probable cause to believe that the child may have	1842
committed an act that would be a felony or an offense of violence	1843
if committed by an adult shall furnish such material to the	1844
superintendent of the bureau. Fingerprints, photographs, or other	1845
descriptive information of a child who is under eighteen years of	1846
age, has not been arrested or otherwise taken into custody for	1847
committing an act that would be a felony or an offense of violence	1848
who is not in any other category of child specified in this	1849
division, if committed by an adult, has not been adjudicated a	1850
delinquent child for committing an act that would be a felony or	1851
an offense of violence if committed by an adult, has not been	1852
convicted of or pleaded guilty to committing a felony or an	1853
offense of violence, and is not a child with respect to whom there	1854
is probable cause to believe that the child may have committed an	1855
act that would be a felony or an offense of violence if committed	1856
by an adult shall not be procured by the superintendent or	1857
furnished by any person in charge of any county, multicounty,	1858
municipal, municipal-county, or multicounty-municipal jail or	1859
workhouse, community-based correctional facility, halfway house,	1860
alternative residential facility, or state correctional	1861
institution, except as authorized in section 2151.313 of the	1862
Revised Code.	1863

(2) Every clerk of a court of record in this state, other	1864
than the supreme court or a court of appeals, shall send to the	1865
superintendent of the bureau a weekly report containing a summary	1866
of each case involving a felony, involving any crime constituting	1867
a misdemeanor on the first offense and a felony on subsequent	1868
offenses, involving a misdemeanor described in division (A)(1)(a),	1869
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	1870
involving an adjudication in a case in which a child under	1871
eighteen years of age was alleged to be a delinquent child for	1872
committing an act that would be a felony or an offense of violence	1873
if committed by an adult. The clerk of the court of common pleas	1874
shall include in the report and summary the clerk sends under this	1875
division all information described in divisions (A)(2)(a) to (f)	1876
of this section regarding a case before the court of appeals that	1877
is served by that clerk. The summary shall be written on the	1878
standard forms furnished by the superintendent pursuant to	1879
division (B) of this section and shall include the following	1880
information:	1881

(a) The incident tracking number contained on the standard	1882
forms furnished by the superintendent pursuant to division (B) of	1883
this section;	1884

(b) The style and number of the case;

1885

1886

(d) The date that the person was convicted of or pleaded	1887
guilty to the offense, adjudicated a delinquent child for	1888
committing the act that would be a felony or an offense of	1889
violence if committed by an adult, found not guilty of the	1890
offense, or found not to be a delinquent child for committing an	1891
act that would be a felony or an offense of violence if committed	1892
by an adult, the date of an entry dismissing the charge, an entry	1893
declaring a mistrial of the offense in which the person is	1894
discharged, an entry finding that the person or child is not	1895
competent to stand trial, or an entry of a nolle prosequi, or the	1896
date of any other determination that constitutes final resolution	1897
of the case;	1898

(e) A statement of the original charge with the section of	1899
the Revised Code that was alleged to be violated;	1900

(f) If the person or child was convicted, pleaded guilty, or	1901
was adjudicated a delinquent child, the sentence or terms of	1902
probation imposed or any other disposition of the offender or the	1903
delinquent child.	1904

If the offense involved the disarming of a law enforcement	1905
officer or an attempt to disarm a law enforcement officer, the	1906
clerk shall clearly state that fact in the summary, and the	1907
superintendent shall ensure that a clear statement of that fact is	1908
placed in the bureau's records.	1909

(3) The superintendent shall cooperate with and assist	1910
sheriffs, chiefs of police, and other law enforcement officers in	1911
the establishment of a complete system of criminal identification	1912
and in obtaining fingerprints and other means of identification of	1913
all persons arrested on a charge of a felony, any crime	1914
constituting a misdemeanor on the first offense and a felony on	1915
subsequent offenses, or a misdemeanor described in division	1916
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	1917
Revised Code and of all children under eighteen years of age	1918
arrested or otherwise taken into custody for committing an act	1919
that would be a felony or an offense of violence if committed by	1920
an adult. The superintendent also shall file for record the	1921
fingerprint impressions of all persons confined in a county,	1922
multicounty, municipal, municipal-county, or multicounty-municipal	1923
jail or workhouse, community-based correctional facility, halfway	1924
house, alternative residential facility, or state correctional	1925
institution for the violation of state laws and of all children	1926
under eighteen years of age who are confined in a county,	1927
multicounty, municipal, municipal-county, or multicounty-municipal	1928
jail or workhouse, community-based correctional facility, halfway	1929
house, alternative residential facility, or state correctional	1930
institution or in any facility for delinquent children for	1931
committing an act that would be a felony or an offense of violence	1932
if committed by an adult, and any other information that the	1933
superintendent may receive from law enforcement officials of the	1934
state and its political subdivisions.	1935

(4) The superintendent shall carry out Chapter 2950. of the	1936
Revised Code with respect to the registration of persons who are	1937
convicted of or plead guilty to a sexually oriented offense or a	1938
child-victim oriented offense and with respect to all other duties	1939
imposed on the bureau under that chapter.	1940

(5) The bureau shall perform centralized recordkeeping	1941
functions for criminal history records and services in this state	1942
for purposes of the national crime prevention and privacy compact	1943
set forth in section 109.571 of the Revised Code and is the	1944
criminal history record repository as defined in that section for	1945
purposes of that compact. The superintendent or the	1946
superintendent's designee is the compact officer for purposes of	1947
that compact and shall carry out the responsibilities of the	1948
compact officer specified in that compact.	1949

(B) The superintendent shall prepare and furnish to every	1950
county, multicounty, municipal, municipal-county, or	1951
multicounty-municipal jail or workhouse, community-based	1952
correctional facility, halfway house, alternative residential	1953
facility, or state correctional institution and to every clerk of	1954
a court in this state specified in division (A)(2) of this section	1955
standard forms for reporting the information required under	1956
division (A) of this section. The standard forms that the	1957
superintendent prepares pursuant to this division may be in a	1958
tangible format, in an electronic format, or in both tangible	1959
formats and electronic formats.	1960

(C)(1) The superintendent may operate a center for	1961
electronic, automated, or other data processing for the storage	1962
and retrieval of information, data, and statistics pertaining to	1963
criminals and to children under eighteen years of age who are	1964
adjudicated delinquent children for committing an act that would	1965
be a felony or an offense of violence if committed by an adult,	1966
criminal activity, crime prevention, law enforcement, and criminal	1967
justice, and may establish and operate a statewide communications	1968
network to be known as the Ohio law enforcement gateway to gather	1969
and disseminate information, data, and statistics for the use of	1970
law enforcement agencies and for other uses specified in this	1971
division. The superintendent may gather, store, retrieve, and	1972
disseminate information, data, and statistics that pertain to	1973
children who are under eighteen years of age and that are gathered	1974
pursuant to sections 109.57 to 109.61 of the Revised Code together	1975
with information, data, and statistics that pertain to adults and	1976
that are gathered pursuant to those sections.	1977

(2) The superintendent or the superintendent's designee shall	1978
gather information of the nature described in division (C)(1) of	1979
this section that pertains to the offense and delinquency history	1980
of a person who has been convicted of, pleaded guilty to, or been	1981
adjudicated a delinquent child for committing a sexually oriented	1982
offense or a child-victim oriented offense for inclusion in the	1983
state registry of sex offenders and child-victim offenders	1984
maintained pursuant to division (A)(1) of section 2950.13 of the	1985
Revised Code and in the internet database operated pursuant to	1986
division (A)(13) of that section and for possible inclusion in the	1987
internet database operated pursuant to division (A)(11) of that	1988
section.	1989

(3) In addition to any other authorized use of information,	1990
data, and statistics of the nature described in division (C)(1) of	1991
this section, the superintendent or the superintendent's designee	1992
may provide and exchange the information, data, and statistics	1993
pursuant to the national crime prevention and privacy compact as	1994
described in division (A)(5) of this section.	1995

(4) The attorney general may adopt rules under Chapter 119.	1996
of the Revised Code establishing guidelines for the operation of	1997
and participation in the Ohio law enforcement gateway. The rules	1998
may include criteria for granting and restricting access to	1999
information gathered and disseminated through the Ohio law	2000
enforcement gateway. The attorney general shall permit the state	2001
medical board and board of nursing to access and view, but not	2002
alter, information gathered and disseminated through the Ohio law	2003
enforcement gateway.	2004

The attorney general may appoint a steering committee to	2005
advise the attorney general in the operation of the Ohio law	2006
enforcement gateway that is comprised of persons who are	2007
representatives of the criminal justice agencies in this state	2008
that use the Ohio law enforcement gateway and is chaired by the	2009
superintendent or the superintendent's designee.	2010

(D)(1) The following are not public records under section	2011
149.43 of the Revised Code:	2012

(a) Information and materials furnished to the superintendent	2013
pursuant to division (A) of this section;	2014

(b) Information, data, and statistics gathered or	2015
disseminated through the Ohio law enforcement gateway pursuant to	2016
division (C)(1) of this section;	2017

(c) Information and materials furnished to any board or	2018
person under division (F) or (G) of this section.	2019

(2) The superintendent or the superintendent's designee shall	2020
gather and retain information so furnished under division (A) of	2021
this section that pertains to the offense and delinquency history	2022
of a person who has been convicted of, pleaded guilty to, or been	2023
adjudicated a delinquent child for committing a sexually oriented	2024
offense or a child-victim oriented offense for the purposes	2025
described in division (C)(2) of this section.	2026

(E)(1) The attorney general shall adopt rules, in accordance	2027
with Chapter 119. of the Revised Code and subject to division	2028
(E)(2) of this section, setting forth the procedure by which a	2029
person may receive or release information gathered by the	2030
superintendent pursuant to division (A) of this section. A	2031
reasonable fee may be charged for this service. If a temporary	2032
employment service submits a request for a determination of	2033
whether a person the service plans to refer to an employment	2034
position has been convicted of or pleaded guilty to an offense	2035
listed or described in division (A)(1), (2), or (3) of section	2036
109.572 of the Revised Code, the request shall be treated as a	2037
single request and only one fee shall be charged.	2038

(2) Except as otherwise provided in this division or division	2039
(E)(3) or (4) of this section, a rule adopted under division	2040
(E)(1) of this section may provide only for the release of	2041
information gathered pursuant to division (A) of this section that	2042
relates to the conviction of a person, or a person's plea of	2043
guilty to, a criminal offense or to the arrest of a person as	2044
provided in division (E)(3) of this section. The superintendent	2045
shall not release, and the attorney general shall not adopt any	2046
rule under division (E)(1) of this section that permits the	2047
release of, any information gathered pursuant to division (A) of	2048
this section that relates to an adjudication of a child as a	2049
delinquent child, or that relates to a criminal conviction of a	2050
person under eighteen years of age if the person's case was	2051
transferred back to a juvenile court under division (B)(2) or (3)	2052
of section 2152.121 of the Revised Code and the juvenile court	2053
imposed a disposition or serious youthful offender disposition	2054
upon the person under either division, unless either of the	2055
following applies with respect to the adjudication or conviction:	2056

(a) The adjudication or conviction was for a violation of	2057
section 2903.01 or 2903.02 of the Revised Code.	2058

(b) The adjudication or conviction was for a sexually	2059
oriented offense, the juvenile court was required to classify the	2060
child a juvenile offender registrant for that offense under	2061
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	2062
classification has not been removed.	2063

(3) A rule adopted under division (E)(1) of this section may	2064
provide for the release of information gathered pursuant to	2065
division (A) of this section that relates to the arrest of a	2066
person when the person has not been convicted as a result of that	2067
arrest if any of the following applies:	2068

(a) The arrest was made outside of this state.

2069

(b) A criminal action resulting from the arrest is pending,	2070
and the superintendent confirms that the criminal action has not	2071
been resolved at the time the criminal records check is performed.	2072

(c) The bureau cannot reasonably determine whether a criminal	2073
action resulting from the arrest is pending, and not more than one	2074
year has elapsed since the date of the arrest.	2075

(4) A rule adopted under division (E)(1) of this section may	2076
provide for the release of information gathered pursuant to	2077
division (A) of this section that relates to an adjudication of a	2078
child as a delinquent child if not more than five years have	2079
elapsed since the date of the adjudication, the adjudication was	2080
for an act that would have been a felony if committed by an adult,	2081
and the request for information is made under division (F) of this	2082
section or under section 109.572 of the Revised Code. In the case	2083
of an adjudication for a violation of the terms of community	2084
control or supervised release, the five-year period shall be	2085
calculated from the date of the adjudication to which the	2086
community control or supervised release pertains.	2087

(F)(1) As used in division (F)(2) of this section, "head	2088
start agency" means an entity in this state that has been approved	2089
to be an agency for purposes of subchapter II of the "Community	2090
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2091
as amended.	2092

(2)(a) In addition to or in conjunction with any request that	2093
is required to be made under section 109.572, 2151.86, 3301.32,	2094
3301.541, division (C) of section 3310.58, or section 3319.39,	2095
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	2096
5153.111 of the Revised Code or that is made under section	2097
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	2098
board of education of any school district; the director of	2099
developmental disabilities; any county board of developmental	2100
disabilities; any provider or subcontractor as defined in section	2101
5123.081 of the Revised Code; the chief administrator of any	2102
chartered nonpublic school; the chief administrator of a	2103
registered private provider that is not also a chartered nonpublic	2104
school; the chief administrator of any home health agency; the	2105
chief administrator of or person operating any child day-care	2106
center, type A family day-care home, or type B family day-care	2107
home licensed under Chapter 5104. of the Revised Code; the chief	2108
administrator of any head start agency; the executive director of	2109
a public children services agency; a private company described in	2110
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	2111
Code; or an employer described in division (J)(2) of section	2112
3327.10 of the Revised Code may request that the superintendent of	2113
the bureau investigate and determine, with respect to any	2114
individual who has applied for employment in any position after	2115
October 2, 1989, or any individual wishing to apply for employment	2116
with a board of education may request, with regard to the	2117
individual, whether the bureau has any information gathered under	2118
division (A) of this section that pertains to that individual. On	2119
receipt of the request, subject to division (E)(2) of this	2120
section, the superintendent shall determine whether that	2121
information exists and, upon request of the person, board, or	2122
entity requesting information, also shall request from the federal	2123
bureau of investigation any criminal records it has pertaining to	2124
that individual. The superintendent or the superintendent's	2125
designee also may request criminal history records from other	2126
states or the federal government pursuant to the national crime	2127
prevention and privacy compact set forth in section 109.571 of the	2128
Revised Code. Within thirty days of the date that the	2129
superintendent receives a request, subject to division (E)(2) of	2130
this section, the superintendent shall send to the board, entity,	2131
or person a report of any information that the superintendent	2132
determines exists, including information contained in records that	2133
have been sealed under section 2953.32 of the Revised Code, and,	2134
within thirty days of its receipt, subject to division (E)(2) of	2135
this section, shall send the board, entity, or person a report of	2136
any information received from the federal bureau of investigation,	2137
other than information the dissemination of which is prohibited by	2138
federal law.	2139

(b) When a board of education or a registered private	2140
provider is required to receive information under this section as	2141
a prerequisite to employment of an individual pursuant to division	2142
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	2143
may accept a certified copy of records that were issued by the	2144
bureau of criminal identification and investigation and that are	2145
presented by an individual applying for employment with the	2146
district in lieu of requesting that information itself. In such a	2147
case, the board shall accept the certified copy issued by the	2148
bureau in order to make a photocopy of it for that individual's	2149
employment application documents and shall return the certified	2150
copy to the individual. In a case of that nature, a district or	2151
provider only shall accept a certified copy of records of that	2152
nature within one year after the date of their issuance by the	2153
bureau.	2154

(c) Notwithstanding division (F)(2)(a) of this section, in	2155
the case of a request under section 3319.39, 3319.391, or 3327.10	2156
of the Revised Code only for criminal records maintained by the	2157
federal bureau of investigation, the superintendent shall not	2158
determine whether any information gathered under division (A) of	2159
this section exists on the person for whom the request is made.	2160

(3) The state board of education may request, with respect to	2161
any individual who has applied for employment after October 2,	2162
1989, in any position with the state board or the department of	2163
education, any information that a school district board of	2164
education is authorized to request under division (F)(2) of this	2165
section, and the superintendent of the bureau shall proceed as if	2166
the request has been received from a school district board of	2167
education under division (F)(2) of this section.	2168

(4) When the superintendent of the bureau receives a request	2169
for information under section 3319.291 of the Revised Code, the	2170
superintendent shall proceed as if the request has been received	2171
from a school district board of education and shall comply with	2172
divisions (F)(2)(a) and (c) of this section.	2173

(5) When a recipient of a classroom reading improvement grant	2174
paid under section 3301.86 of the Revised Code requests, with	2175
respect to any individual who applies to participate in providing	2176
any program or service funded in whole or in part by the grant,	2177
the information that a school district board of education is	2178
authorized to request under division (F)(2)(a) of this section,	2179
the superintendent of the bureau shall proceed as if the request	2180
has been received from a school district board of education under	2181
division (F)(2)(a) of this section.	2182

(G) In addition to or in conjunction with any request that is	2183
required to be made under section 3701.881, 3712.09, or 3721.121	2184
of the Revised Code with respect to an individual who has applied	2185
for employment in a position that involves providing direct care	2186
to an older adult or adult resident, the chief administrator of a	2187
home health agency, hospice care program, home licensed under	2188
Chapter 3721. of the Revised Code, or adult day-care program	2189
operated pursuant to rules adopted under section 3721.04 of the	2190
Revised Code may request that the superintendent of the bureau	2191
investigate and determine, with respect to any individual who has	2192
applied after January 27, 1997, for employment in a position that	2193
does not involve providing direct care to an older adult or adult	2194
resident, whether the bureau has any information gathered under	2195
division (A) of this section that pertains to that individual.	2196

In addition to or in conjunction with any request that is	2197
required to be made under section 173.27 of the Revised Code with	2198
respect to an individual who has applied for employment in a	2199
position that involves providing ~~ombudsperson~~ombudsman services	2200
to residents of long-term care facilities or recipients of	2201
community-based long-term care services, the state long-term care	2202
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	2203
of ~~health~~aging, a regional long-term care ombudsman program, or	2204
the designee of the ombudsman, director, or program may request	2205
that the superintendent investigate and determine, with respect to	2206
any individual who has applied for employment in a position that	2207
does not involve providing such ~~ombudsperson~~ombudsman services,	2208
whether the bureau has any information gathered under division (A)	2209
of this section that pertains to that applicant.	2210

In addition to or in conjunction with any request that is	2211
required to be made under section ~~173.394~~173.38 of the Revised	2212
Code with respect to an individual who has applied for employment	2213
in a direct-care position ~~that involves providing direct care to~~	2214
~~an individual~~, the chief administrator of a ~~community-based~~	2215
~~long-term care agency~~provider, as defined in section 173.39 of	2216
the Revised Code, may request that the superintendent investigate	2217
and determine, with respect to any individual who has applied for	2218
employment in a position that ~~does~~is not ~~involve providing direct~~	2219
~~care~~a direct-care position, whether the bureau has any	2220
information gathered under division (A) of this section that	2221
pertains to that applicant.	2222

In addition to or in conjunction with any request that is	2223
required to be made under section 3712.09 of the Revised Code with	2224
respect to an individual who has applied for employment in a	2225
position that involves providing direct care to a pediatric	2226
respite care patient, the chief administrator of a pediatric	2227
respite care program may request that the superintendent of the	2228
bureau investigate and determine, with respect to any individual	2229
who has applied for employment in a position that does not involve	2230
providing direct care to a pediatric respite care patient, whether	2231
the bureau has any information gathered under division (A) of this	2232
section that pertains to that individual.	2233

On receipt of a request under this division, the	2234
superintendent shall determine whether that information exists	2235
and, on request of the individual requesting information, shall	2236
also request from the federal bureau of investigation any criminal	2237
records it has pertaining to the applicant. The superintendent or	2238
the superintendent's designee also may request criminal history	2239
records from other states or the federal government pursuant to	2240
the national crime prevention and privacy compact set forth in	2241
section 109.571 of the Revised Code. Within thirty days of the	2242
date a request is received, subject to division (E)(2) of this	2243
section, the superintendent shall send to the requester a report	2244
of any information determined to exist, including information	2245
contained in records that have been sealed under section 2953.32	2246
of the Revised Code, and, within thirty days of its receipt, shall	2247
send the requester a report of any information received from the	2248
federal bureau of investigation, other than information the	2249
dissemination of which is prohibited by federal law.	2250

(H) Information obtained by a government entity or person	2251
under this section is confidential and shall not be released or	2252
disseminated.	2253

(I) The superintendent may charge a reasonable fee for	2254
providing information or criminal records under division (F)(2) or	2255
(G) of this section.	2256

(J) As used in this section:

2257

(1) "Pediatric respite care program" and "pediatric care	2258
patient" have the same meanings as in section 3712.01 of the	2259
Revised Code.	2260

(2) "Sexually oriented offense" and "child-victim oriented	2261
offense" have the same meanings as in section 2950.01 of the	2262
Revised Code.	2263

(3) "Registered private provider" means a nonpublic school or	2264
entity registered with the superintendent of public instruction	2265
under section 3310.41 of the Revised Code to participate in the	2266
autism scholarship program or section 3310.58 of the Revised Code	2267
to participate in the Jon Peterson special needs scholarship	2268
program.	2269

Section 4. That the existing version of section 109.57 of	2270
the Revised Code that is scheduled to take effect January 1, 2014,	2271
is hereby repealed.	2272

Section 5. Sections 307.932 and 2929.26 of the Revised Code	2273
are presented in this act as composites of the sections as amended	2274
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th	2275
General Assembly. The General Assembly, applying the principle	2276
stated in division (B) of section 1.52 of the Revised Code that	2277
amendments are to be harmonized if reasonably capable of	2278
simultaneous operation, finds that the composites are the	2279
resulting versions of the sections in effect prior to the	2280
effective date of the sections as presented in this act.	2281