As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. B. No. 143


Senators Seitz, Smith 

Cosponsors: Senators Balderson, Beagle, Brown, Eklund, Hite, Lehner, Patton, Sawyer, Uecker 

Representatives Adams, J., Baker, Butler, Conditt, Green, McGregor, Sprague 



A BILL
To amend sections 109.57, 109.572, 109.578, 122.681, 1
307.932, 1901.44, 1905.202, 1907.25, 2151.311, 2
2151.356, 2151.357, 2152.26, 2907.27, 2907.28, 3
2929.12, 2929.141, 2929.20, 2929.26, 2947.09, 4
2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 5
2953.35, 2953.36, 2953.53, 2953.61, 2967.26, 6
4510.111, 4510.16, 5120.07, 5120.651, 5139.01, and 7
5139.52 of the Revised Code to permit the Attorney 8
General to authorize the release of information 9
relating to certain arrests and delinquent child 10
adjudications pursuant to a request for a criminal 11
records check; to regulate the confidentiality of 12
personal information related to community service 13
block grants; to clarify the authority of boards 14
of county commissioners to establish a community 15
alternative sentencing center; to authorize a 16
municipal corporation to establish a community 17
alternative sentencing center; to modify the 18
procedure for sentencing and admitting an eligible 19
offender to a community alternative sentencing 20
center; to clarify that an eligible offender must 21
successfully complete any term in a center as a 22
condition of a community residential sanction; to 23
include the best interests of the person as a 24
reason for which an alleged or adjudicated 25
delinquent child who is at least 18 but younger 26
than 21 may be held in an adult detention 27
facility; to modify the waiting period for making 28
a motion or application for the sealing of a 29
juvenile court record of a person who is 18 years 30
of age or older; to reaffirm that BCII is a public 31
office or agency for purposes of notification of a 32
delinquency record-sealing order; to specify that 33
most identifying information that relates to the 34
admission and confinement in an adult detention 35
facility of a person under 21 generally is 36
confidential; to clarify a court's authority to 37
commit a delinquent child to the Department of 38
Youth Services for a violation of supervised 39
release; to authorize a court to order restitution 40
if a person convicted of driving under suspension 41
or driving under financial-responsibility-law 42
suspension or cancellation fails to provide proof 43
of financial responsibility; to extend the 44
existence of the Ex-offender Reentry Coalition 45
until December 31, 2019; to authorize a person 46
charged with multiple offenses in connection with 47
the same act to apply for the sealing of records 48
pertaining to an acquitted charge; to eliminate 49
the requirement that notice of a sealing order be 50
sent by certified mail; to modify the requirements 51
regarding testing for HIV of persons charged with 52
specified sex offense; to increase the sentence of 53
imprisonment that disqualifies an inmate from 54
participating in the prison nursery program; to 55
remove the cap of 40 hours per month and give a 56
court discretion in setting the amount of credit 57
for community service ordered for failure to pay a 58
criminal court cost judgment; to authorize a court 59
that receives or is forwarded a petition for a 60
certificate of qualification for employment to 61
direct the clerk of court to process and record 62
all required notices; to include persons convicted 63
twice of the same misdemeanor as eligible 64
offenders for purposes of sealing records of the 65
convictions; to provide a qualified immunity in 66
specified circumstances to a government official 67
who mistakenly releases information from a sealed 68
or expunged record; to clarify the application of 69
the Conviction Record Sealing Law to individual 70
convictions and bail forfeitures; to preclude a 71
court from disapproving transitional control of a 72
prisoner who is serving a sentence of more than 73
two years; to authorize an additional prison term 74
for the commission of a felony while on 75
transitional control; and to eliminate the warning 76
notice that motor vehicle registration may be 77
blocked for failure to appear in court or pay a 78
fine.79


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

       Section 1. That sections 109.57, 109.572, 109.578, 122.681, 80
307.932, 1901.44, 1905.202, 1907.25, 2151.311, 2151.356, 2151.357, 81
2152.26, 2907.27, 2907.28, 2929.12, 2929.141, 2929.20, 2929.26, 82
2947.09, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 2953.35, 83
2953.36, 2953.53, 2953.61, 2967.26, 4510.111, 4510.16, 5120.07, 84
5120.651, 5139.01, and 5139.52 of the Revised Code be amended to 85
read as follows:86

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 87
criminal identification and investigation shall procure from 88
wherever procurable and file for record photographs, pictures, 89
descriptions, fingerprints, measurements, and other information 90
that may be pertinent of all persons who have been convicted of 91
committing within this state a felony, any crime constituting a 92
misdemeanor on the first offense and a felony on subsequent 93
offenses, or any misdemeanor described in division (A)(1)(a), 94
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of 95
all children under eighteen years of age who have been adjudicated 96
delinquent children for committing within this state an act that 97
would be a felony or an offense of violence if committed by an 98
adult or who have been convicted of or pleaded guilty to 99
committing within this state a felony or an offense of violence, 100
and of all well-known and habitual criminals. The person in charge 101
of any county, multicounty, municipal, municipal-county, or 102
multicounty-municipal jail or workhouse, community-based 103
correctional facility, halfway house, alternative residential 104
facility, or state correctional institution and the person in 105
charge of any state institution having custody of a person 106
suspected of having committed a felony, any crime constituting a 107
misdemeanor on the first offense and a felony on subsequent 108
offenses, or any misdemeanor described in division (A)(1)(a), 109
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or 110
having custody of a child under eighteen years of age with respect 111
to whom there is probable cause to believe that the child may have 112
committed an act that would be a felony or an offense of violence 113
if committed by an adult shall furnish such material to the 114
superintendent of the bureau. Fingerprints, photographs, or other 115
descriptive information of a child who is under eighteen years of 116
age, has not been arrested or otherwise taken into custody for 117
committing an act that would be a felony or an offense of violence 118
who is not in any other category of child specified in this 119
division, if committed by an adult, has not been adjudicated a 120
delinquent child for committing an act that would be a felony or 121
an offense of violence if committed by an adult, has not been 122
convicted of or pleaded guilty to committing a felony or an 123
offense of violence, and is not a child with respect to whom there 124
is probable cause to believe that the child may have committed an 125
act that would be a felony or an offense of violence if committed 126
by an adult shall not be procured by the superintendent or 127
furnished by any person in charge of any county, multicounty, 128
municipal, municipal-county, or multicounty-municipal jail or 129
workhouse, community-based correctional facility, halfway house, 130
alternative residential facility, or state correctional 131
institution, except as authorized in section 2151.313 of the 132
Revised Code. 133

       (2) Every clerk of a court of record in this state, other 134
than the supreme court or a court of appeals, shall send to the 135
superintendent of the bureau a weekly report containing a summary 136
of each case involving a felony, involving any crime constituting 137
a misdemeanor on the first offense and a felony on subsequent 138
offenses, involving a misdemeanor described in division (A)(1)(a), 139
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or 140
involving an adjudication in a case in which a child under 141
eighteen years of age was alleged to be a delinquent child for 142
committing an act that would be a felony or an offense of violence 143
if committed by an adult. The clerk of the court of common pleas 144
shall include in the report and summary the clerk sends under this 145
division all information described in divisions (A)(2)(a) to (f) 146
of this section regarding a case before the court of appeals that 147
is served by that clerk. The summary shall be written on the 148
standard forms furnished by the superintendent pursuant to 149
division (B) of this section and shall include the following 150
information: 151

       (a) The incident tracking number contained on the standard 152
forms furnished by the superintendent pursuant to division (B) of 153
this section; 154

       (b) The style and number of the case; 155

       (c) The date of arrest, offense, summons, or arraignment; 156

       (d) The date that the person was convicted of or pleaded 157
guilty to the offense, adjudicated a delinquent child for 158
committing the act that would be a felony or an offense of 159
violence if committed by an adult, found not guilty of the 160
offense, or found not to be a delinquent child for committing an 161
act that would be a felony or an offense of violence if committed 162
by an adult, the date of an entry dismissing the charge, an entry 163
declaring a mistrial of the offense in which the person is 164
discharged, an entry finding that the person or child is not 165
competent to stand trial, or an entry of a nolle prosequi, or the 166
date of any other determination that constitutes final resolution 167
of the case; 168

       (e) A statement of the original charge with the section of 169
the Revised Code that was alleged to be violated; 170

       (f) If the person or child was convicted, pleaded guilty, or 171
was adjudicated a delinquent child, the sentence or terms of 172
probation imposed or any other disposition of the offender or the 173
delinquent child. 174

       If the offense involved the disarming of a law enforcement 175
officer or an attempt to disarm a law enforcement officer, the 176
clerk shall clearly state that fact in the summary, and the 177
superintendent shall ensure that a clear statement of that fact is 178
placed in the bureau's records. 179

       (3) The superintendent shall cooperate with and assist 180
sheriffs, chiefs of police, and other law enforcement officers in 181
the establishment of a complete system of criminal identification 182
and in obtaining fingerprints and other means of identification of 183
all persons arrested on a charge of a felony, any crime 184
constituting a misdemeanor on the first offense and a felony on 185
subsequent offenses, or a misdemeanor described in division 186
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the 187
Revised Code and of all children under eighteen years of age 188
arrested or otherwise taken into custody for committing an act 189
that would be a felony or an offense of violence if committed by 190
an adult. The superintendent also shall file for record the 191
fingerprint impressions of all persons confined in a county, 192
multicounty, municipal, municipal-county, or multicounty-municipal 193
jail or workhouse, community-based correctional facility, halfway 194
house, alternative residential facility, or state correctional 195
institution for the violation of state laws and of all children 196
under eighteen years of age who are confined in a county, 197
multicounty, municipal, municipal-county, or multicounty-municipal 198
jail or workhouse, community-based correctional facility, halfway 199
house, alternative residential facility, or state correctional 200
institution or in any facility for delinquent children for 201
committing an act that would be a felony or an offense of violence 202
if committed by an adult, and any other information that the 203
superintendent may receive from law enforcement officials of the 204
state and its political subdivisions. 205

       (4) The superintendent shall carry out Chapter 2950. of the 206
Revised Code with respect to the registration of persons who are 207
convicted of or plead guilty to a sexually oriented offense or a 208
child-victim oriented offense and with respect to all other duties 209
imposed on the bureau under that chapter. 210

       (5) The bureau shall perform centralized recordkeeping 211
functions for criminal history records and services in this state 212
for purposes of the national crime prevention and privacy compact 213
set forth in section 109.571 of the Revised Code and is the 214
criminal history record repository as defined in that section for 215
purposes of that compact. The superintendent or the 216
superintendent's designee is the compact officer for purposes of 217
that compact and shall carry out the responsibilities of the 218
compact officer specified in that compact. 219

       (B) The superintendent shall prepare and furnish to every 220
county, multicounty, municipal, municipal-county, or 221
multicounty-municipal jail or workhouse, community-based 222
correctional facility, halfway house, alternative residential 223
facility, or state correctional institution and to every clerk of 224
a court in this state specified in division (A)(2) of this section 225
standard forms for reporting the information required under 226
division (A) of this section. The standard forms that the 227
superintendent prepares pursuant to this division may be in a 228
tangible format, in an electronic format, or in both tangible 229
formats and electronic formats. 230

       (C)(1) The superintendent may operate a center for 231
electronic, automated, or other data processing for the storage 232
and retrieval of information, data, and statistics pertaining to 233
criminals and to children under eighteen years of age who are 234
adjudicated delinquent children for committing an act that would 235
be a felony or an offense of violence if committed by an adult, 236
criminal activity, crime prevention, law enforcement, and criminal 237
justice, and may establish and operate a statewide communications 238
network to be known as the Ohio law enforcement gateway to gather 239
and disseminate information, data, and statistics for the use of 240
law enforcement agencies and for other uses specified in this 241
division. The superintendent may gather, store, retrieve, and 242
disseminate information, data, and statistics that pertain to 243
children who are under eighteen years of age and that are gathered 244
pursuant to sections 109.57 to 109.61 of the Revised Code together 245
with information, data, and statistics that pertain to adults and 246
that are gathered pursuant to those sections. 247

       (2) The superintendent or the superintendent's designee shall 248
gather information of the nature described in division (C)(1) of 249
this section that pertains to the offense and delinquency history 250
of a person who has been convicted of, pleaded guilty to, or been 251
adjudicated a delinquent child for committing a sexually oriented 252
offense or a child-victim oriented offense for inclusion in the 253
state registry of sex offenders and child-victim offenders 254
maintained pursuant to division (A)(1) of section 2950.13 of the 255
Revised Code and in the internet database operated pursuant to 256
division (A)(13) of that section and for possible inclusion in the 257
internet database operated pursuant to division (A)(11) of that 258
section. 259

        (3) In addition to any other authorized use of information, 260
data, and statistics of the nature described in division (C)(1) of 261
this section, the superintendent or the superintendent's designee 262
may provide and exchange the information, data, and statistics 263
pursuant to the national crime prevention and privacy compact as 264
described in division (A)(5) of this section. 265

       (4) The attorney general may adopt rules under Chapter 119. 266
of the Revised Code establishing guidelines for the operation of 267
and participation in the Ohio law enforcement gateway. The rules 268
may include criteria for granting and restricting access to 269
information gathered and disseminated through the Ohio law 270
enforcement gateway. The attorney general shall permit the state 271
medical board and board of nursing to access and view, but not 272
alter, information gathered and disseminated through the Ohio law 273
enforcement gateway.274

       The attorney general may appoint a steering committee to 275
advise the attorney general in the operation of the Ohio law 276
enforcement gateway that is comprised of persons who are 277
representatives of the criminal justice agencies in this state 278
that use the Ohio law enforcement gateway and is chaired by the 279
superintendent or the superintendent's designee.280

       (D)(1) The following are not public records under section 281
149.43 of the Revised Code:282

       (a) Information and materials furnished to the superintendent 283
pursuant to division (A) of this section;284

       (b) Information, data, and statistics gathered or 285
disseminated through the Ohio law enforcement gateway pursuant to 286
division (C)(1) of this section;287

       (c) Information and materials furnished to any board or 288
person under division (F) or (G) of this section.289

       (2) The superintendent or the superintendent's designee shall 290
gather and retain information so furnished under division (A) of 291
this section that pertains to the offense and delinquency history 292
of a person who has been convicted of, pleaded guilty to, or been 293
adjudicated a delinquent child for committing a sexually oriented 294
offense or a child-victim oriented offense for the purposes 295
described in division (C)(2) of this section. 296

       (E)(1) The attorney general shall adopt rules, in accordance 297
with Chapter 119. of the Revised Code and subject to division 298
(E)(2) of this section, setting forth the procedure by which a 299
person may receive or release information gathered by the 300
superintendent pursuant to division (A) of this section. A 301
reasonable fee may be charged for this service. If a temporary 302
employment service submits a request for a determination of 303
whether a person the service plans to refer to an employment 304
position has been convicted of or pleaded guilty to an offense 305
listed or described in division (A)(1), (2), or (3) of section 306
109.572 of the Revised Code, the request shall be treated as a 307
single request and only one fee shall be charged. 308

       (2) Except as otherwise provided in this division or division 309
(E)(3) or (4) of this section, a rule adopted under division 310
(E)(1) of this section may provide only for the release of 311
information gathered pursuant to division (A) of this section that 312
relates to the conviction of a person, or a person's plea of 313
guilty to, a criminal offense or to the arrest of a person as 314
provided in division (E)(3) of this section. The superintendent 315
shall not release, and the attorney general shall not adopt any 316
rule under division (E)(1) of this section that permits the 317
release of, any information gathered pursuant to division (A) of 318
this section that relates to an adjudication of a child as a 319
delinquent child, or that relates to a criminal conviction of a 320
person under eighteen years of age if the person's case was 321
transferred back to a juvenile court under division (B)(2) or (3) 322
of section 2152.121 of the Revised Code and the juvenile court 323
imposed a disposition or serious youthful offender disposition 324
upon the person under either division, unless either of the 325
following applies with respect to the adjudication or conviction:326

       (a) The adjudication or conviction was for a violation of 327
section 2903.01 or 2903.02 of the Revised Code.328

       (b) The adjudication or conviction was for a sexually 329
oriented offense, the juvenile court was required to classify the 330
child a juvenile offender registrant for that offense under 331
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that 332
classification has not been removed, and the records of the 333
adjudication or conviction have not been sealed or expunged 334
pursuant to sections 2151.355 to 2151.358 or sealed pursuant to 335
section 2952.32 of the Revised Code.336

       (3) A rule adopted under division (E)(1) of this section may 337
provide for the release of information gathered pursuant to 338
division (A) of this section that relates to the arrest of a 339
person who is eighteen years of age or older when the person has 340
not been convicted as a result of that arrest if any of the 341
following applies:342

        (a) The arrest was made outside of this state.343

        (b) A criminal action resulting from the arrest is pending, 344
and the superintendent confirms that the criminal action has not 345
been resolved at the time the criminal records check is performed.346

        (c) The bureau cannot reasonably determine whether a criminal 347
action resulting from the arrest is pending, and not more than one 348
year has elapsed since the date of the arrest.349

        (4) A rule adopted under division (E)(1) of this section may 350
provide for the release of information gathered pursuant to 351
division (A) of this section that relates to an adjudication of a 352
child as a delinquent child if not more than five years have 353
elapsed since the date of the adjudication, the adjudication was 354
for an act that would have been a felony if committed by an adult, 355
the records of the adjudication have not been sealed or expunged 356
pursuant to sections 2151.355 to 2151.358 of the Revised Code, and 357
the request for information is made under division (F) of this 358
section or under section 109.572 of the Revised Code. In the case 359
of an adjudication for a violation of the terms of community 360
control or supervised release, the five-year period shall be 361
calculated from the date of the adjudication to which the 362
community control or supervised release pertains.363

       (F)(1) As used in division (F)(2) of this section, "head 364
start agency" means an entity in this state that has been approved 365
to be an agency for purposes of subchapter II of the "Community 366
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 367
as amended. 368

       (2)(a) In addition to or in conjunction with any request that 369
is required to be made under section 109.572, 2151.86, 3301.32, 370
3301.541, division (C) of section 3310.58, or section 3319.39, 371
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or 372
5153.111 of the Revised Code or that is made under section 373
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the 374
board of education of any school district; the director of 375
developmental disabilities; any county board of developmental 376
disabilities; any provider or subcontractor as defined in section 377
5123.081 of the Revised Code; the chief administrator of any 378
chartered nonpublic school; the chief administrator of a 379
registered private provider that is not also a chartered nonpublic 380
school; the chief administrator of any home health agency; the 381
chief administrator of or person operating any child day-care 382
center, type A family day-care home, or type B family day-care 383
home licensed under Chapter 5104. of the Revised Code; the chief 384
administrator of any head start agency; the executive director of 385
a public children services agency; a private company described in 386
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised 387
Code; or an employer described in division (J)(2) of section 388
3327.10 of the Revised Code may request that the superintendent of 389
the bureau investigate and determine, with respect to any 390
individual who has applied for employment in any position after 391
October 2, 1989, or any individual wishing to apply for employment 392
with a board of education may request, with regard to the 393
individual, whether the bureau has any information gathered under 394
division (A) of this section that pertains to that individual. On 395
receipt of the request, subject to division (E)(2) of this 396
section, the superintendent shall determine whether that 397
information exists and, upon request of the person, board, or 398
entity requesting information, also shall request from the federal 399
bureau of investigation any criminal records it has pertaining to 400
that individual. The superintendent or the superintendent's 401
designee also may request criminal history records from other 402
states or the federal government pursuant to the national crime 403
prevention and privacy compact set forth in section 109.571 of the 404
Revised Code. Within thirty days of the date that the 405
superintendent receives a request, subject to division (E)(2) of 406
this section, the superintendent shall send to the board, entity, 407
or person a report of any information that the superintendent 408
determines exists, including information contained in records that 409
have been sealed under section 2953.32 of the Revised Code, and, 410
within thirty days of its receipt, subject to division (E)(2) of 411
this section, shall send the board, entity, or person a report of 412
any information received from the federal bureau of investigation, 413
other than information the dissemination of which is prohibited by 414
federal law. 415

       (b) When a board of education or a registered private 416
provider is required to receive information under this section as 417
a prerequisite to employment of an individual pursuant to division 418
(C) of section 3310.58 or section 3319.39 of the Revised Code, it 419
may accept a certified copy of records that were issued by the 420
bureau of criminal identification and investigation and that are 421
presented by an individual applying for employment with the 422
district in lieu of requesting that information itself. In such a 423
case, the board shall accept the certified copy issued by the 424
bureau in order to make a photocopy of it for that individual's 425
employment application documents and shall return the certified 426
copy to the individual. In a case of that nature, a district or 427
provider only shall accept a certified copy of records of that 428
nature within one year after the date of their issuance by the 429
bureau. 430

       (c) Notwithstanding division (F)(2)(a) of this section, in 431
the case of a request under section 3319.39, 3319.391, or 3327.10 432
of the Revised Code only for criminal records maintained by the 433
federal bureau of investigation, the superintendent shall not 434
determine whether any information gathered under division (A) of 435
this section exists on the person for whom the request is made.436

       (3) The state board of education may request, with respect to 437
any individual who has applied for employment after October 2, 438
1989, in any position with the state board or the department of 439
education, any information that a school district board of 440
education is authorized to request under division (F)(2) of this 441
section, and the superintendent of the bureau shall proceed as if 442
the request has been received from a school district board of 443
education under division (F)(2) of this section. 444

       (4) When the superintendent of the bureau receives a request 445
for information under section 3319.291 of the Revised Code, the 446
superintendent shall proceed as if the request has been received 447
from a school district board of education and shall comply with 448
divisions (F)(2)(a) and (c) of this section. 449

       (5) When a recipient of a classroom reading improvement grant 450
paid under section 3301.86 of the Revised Code requests, with 451
respect to any individual who applies to participate in providing 452
any program or service funded in whole or in part by the grant, 453
the information that a school district board of education is 454
authorized to request under division (F)(2)(a) of this section, 455
the superintendent of the bureau shall proceed as if the request 456
has been received from a school district board of education under 457
division (F)(2)(a) of this section. 458

       (G) In addition to or in conjunction with any request that is 459
required to be made under section 3701.881, 3712.09, or 3721.121 460
of the Revised Code with respect to an individual who has applied 461
for employment in a position that involves providing direct care 462
to an older adult or adult resident, the chief administrator of a 463
home health agency, hospice care program, home licensed under 464
Chapter 3721. of the Revised Code, or adult day-care program 465
operated pursuant to rules adopted under section 3721.04 of the 466
Revised Code may request that the superintendent of the bureau 467
investigate and determine, with respect to any individual who has 468
applied after January 27, 1997, for employment in a position that 469
does not involve providing direct care to an older adult or adult 470
resident, whether the bureau has any information gathered under 471
division (A) of this section that pertains to that individual. 472

       In addition to or in conjunction with any request that is 473
required to be made under section 173.27 of the Revised Code with 474
respect to an individual who has applied for employment in a 475
position that involves providing ombudsman services to residents 476
of long-term care facilities or recipients of community-based 477
long-term care services, the state long-term care ombudsman, the 478
director of aging, a regional long-term care ombudsman program, or 479
the designee of the ombudsman, director, or program may request 480
that the superintendent investigate and determine, with respect to 481
any individual who has applied for employment in a position that 482
does not involve providing such ombudsman services, whether the 483
bureau has any information gathered under division (A) of this 484
section that pertains to that applicant. 485

       In addition to or in conjunction with any request that is 486
required to be made under section 173.38 of the Revised Code with 487
respect to an individual who has applied for employment in a 488
direct-care position, the chief administrator of a provider, as 489
defined in section 173.39 of the Revised Code, may request that 490
the superintendent investigate and determine, with respect to any 491
individual who has applied for employment in a position that is 492
not a direct-care position, whether the bureau has any information 493
gathered under division (A) of this section that pertains to that 494
applicant. 495

        In addition to or in conjunction with any request that is 496
required to be made under section 3712.09 of the Revised Code with 497
respect to an individual who has applied for employment in a 498
position that involves providing direct care to a pediatric 499
respite care patient, the chief administrator of a pediatric 500
respite care program may request that the superintendent of the 501
bureau investigate and determine, with respect to any individual 502
who has applied for employment in a position that does not involve 503
providing direct care to a pediatric respite care patient, whether 504
the bureau has any information gathered under division (A) of this 505
section that pertains to that individual.506

       On receipt of a request under this division, the 507
superintendent shall determine whether that information exists 508
and, on request of the individual requesting information, shall 509
also request from the federal bureau of investigation any criminal 510
records it has pertaining to the applicant. The superintendent or 511
the superintendent's designee also may request criminal history 512
records from other states or the federal government pursuant to 513
the national crime prevention and privacy compact set forth in 514
section 109.571 of the Revised Code. Within thirty days of the 515
date a request is received, subject to division (E)(2) of this 516
section, the superintendent shall send to the requester a report 517
of any information determined to exist, including information 518
contained in records that have been sealed under section 2953.32 519
of the Revised Code, and, within thirty days of its receipt, shall 520
send the requester a report of any information received from the 521
federal bureau of investigation, other than information the 522
dissemination of which is prohibited by federal law. 523

       (H) Information obtained by a government entity or person 524
under this section is confidential and shall not be released or 525
disseminated. 526

       (I) The superintendent may charge a reasonable fee for 527
providing information or criminal records under division (F)(2) or 528
(G) of this section. 529

       (J) As used in this section:530

       (1) "Pediatric respite care program" and "pediatric care 531
patient" have the same meanings as in section 3712.01 of the 532
Revised Code.533

       (2) "Sexually oriented offense" and "child-victim oriented 534
offense" have the same meanings as in section 2950.01 of the 535
Revised Code.536

       (3) "Registered private provider" means a nonpublic school or 537
entity registered with the superintendent of public instruction 538
under section 3310.41 of the Revised Code to participate in the 539
autism scholarship program or section 3310.58 of the Revised Code 540
to participate in the Jon Peterson special needs scholarship 541
program.542

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 543
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 544
a completed form prescribed pursuant to division (C)(1) of this 545
section, and a set of fingerprint impressions obtained in the 546
manner described in division (C)(2) of this section, the 547
superintendent of the bureau of criminal identification and 548
investigation shall conduct a criminal records check in the manner 549
described in division (B) of this section to determine whether any 550
information exists that indicates that the person who is the 551
subject of the request previously has been convicted of or pleaded 552
guilty to any of the following:553

       (a) A violation of section 2903.01, 2903.02, 2903.03, 554
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 555
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 556
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 557
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 558
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 559
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 560
2925.06, or 3716.11 of the Revised Code, felonious sexual 561
penetration in violation of former section 2907.12 of the Revised 562
Code, a violation of section 2905.04 of the Revised Code as it 563
existed prior to July 1, 1996, a violation of section 2919.23 of 564
the Revised Code that would have been a violation of section 565
2905.04 of the Revised Code as it existed prior to July 1, 1996, 566
had the violation been committed prior to that date, or a 567
violation of section 2925.11 of the Revised Code that is not a 568
minor drug possession offense;569

       (b) A violation of an existing or former law of this state, 570
any other state, or the United States that is substantially 571
equivalent to any of the offenses listed in division (A)(1)(a) of 572
this section;573

       (c) If the request is made pursuant to section 3319.39 of the 574
Revised Code for an applicant who is a teacher, any offense 575
specified in section 3319.31 of the Revised Code.576

       (2) On receipt of a request pursuant to section 3712.09 or 577
3721.121 of the Revised Code, a completed form prescribed pursuant 578
to division (C)(1) of this section, and a set of fingerprint 579
impressions obtained in the manner described in division (C)(2) of 580
this section, the superintendent of the bureau of criminal 581
identification and investigation shall conduct a criminal records 582
check with respect to any person who has applied for employment in 583
a position for which a criminal records check is required by those 584
sections. The superintendent shall conduct the criminal records 585
check in the manner described in division (B) of this section to 586
determine whether any information exists that indicates that the 587
person who is the subject of the request previously has been 588
convicted of or pleaded guilty to any of the following:589

       (a) A violation of section 2903.01, 2903.02, 2903.03, 590
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 591
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 592
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 593
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 594
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 595
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 596
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 597
2925.22, 2925.23, or 3716.11 of the Revised Code;598

       (b) An existing or former law of this state, any other state, 599
or the United States that is substantially equivalent to any of 600
the offenses listed in division (A)(2)(a) of this section.601

       (3) On receipt of a request pursuant to section 173.27, 602
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or 603
5123.169 of the Revised Code, a completed form prescribed pursuant 604
to division (C)(1) of this section, and a set of fingerprint 605
impressions obtained in the manner described in division (C)(2) of 606
this section, the superintendent of the bureau of criminal 607
identification and investigation shall conduct a criminal records 608
check of the person for whom the request is made. The 609
superintendent shall conduct the criminal records check in the 610
manner described in division (B) of this section to determine 611
whether any information exists that indicates that the person who 612
is the subject of the request previously has been convicted of, 613
has pleaded guilty to, or (except in the case of a request 614
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 615
Code) has been found eligible for intervention in lieu of 616
conviction for any of the following, regardless of the date of the 617
conviction, the date of entry of the guilty plea, or (except in 618
the case of a request pursuant to section 5164.34, 5164.341, or 619
5164.342 of the Revised Code) the date the person was found 620
eligible for intervention in lieu of conviction:621

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 622
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 623
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 624
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 625
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 626
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 627
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 628
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 629
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 630
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 631
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 632
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 633
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 634
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 635
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 636
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 637
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 638
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 639
2927.12, or 3716.11 of the Revised Code;640

       (b) Felonious sexual penetration in violation of former 641
section 2907.12 of the Revised Code;642

       (c) A violation of section 2905.04 of the Revised Code as it 643
existed prior to July 1, 1996;644

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 645
the Revised Code when the underlying offense that is the object of 646
the conspiracy, attempt, or complicity is one of the offenses 647
listed in divisions (A)(3)(a) to (c) of this section;648

       (e) A violation of an existing or former municipal ordinance 649
or law of this state, any other state, or the United States that 650
is substantially equivalent to any of the offenses listed in 651
divisions (A)(3)(a) to (d) of this section.652

       (4) On receipt of a request pursuant to section 2151.86 of 653
the Revised Code, a completed form prescribed pursuant to division 654
(C)(1) of this section, and a set of fingerprint impressions 655
obtained in the manner described in division (C)(2) of this 656
section, the superintendent of the bureau of criminal 657
identification and investigation shall conduct a criminal records 658
check in the manner described in division (B) of this section to 659
determine whether any information exists that indicates that the 660
person who is the subject of the request previously has been 661
convicted of or pleaded guilty to any of the following:662

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 663
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 664
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 665
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 666
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 667
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 668
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 669
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 670
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 671
of the Revised Code, a violation of section 2905.04 of the Revised 672
Code as it existed prior to July 1, 1996, a violation of section 673
2919.23 of the Revised Code that would have been a violation of 674
section 2905.04 of the Revised Code as it existed prior to July 1, 675
1996, had the violation been committed prior to that date, a 676
violation of section 2925.11 of the Revised Code that is not a 677
minor drug possession offense, two or more OVI or OVUAC violations 678
committed within the three years immediately preceding the 679
submission of the application or petition that is the basis of the 680
request, or felonious sexual penetration in violation of former 681
section 2907.12 of the Revised Code;682

       (b) A violation of an existing or former law of this state, 683
any other state, or the United States that is substantially 684
equivalent to any of the offenses listed in division (A)(4)(a) of 685
this section.686

       (5) Upon receipt of a request pursuant to section 5104.012 or 687
5104.013 of the Revised Code, a completed form prescribed pursuant 688
to division (C)(1) of this section, and a set of fingerprint 689
impressions obtained in the manner described in division (C)(2) of 690
this section, the superintendent of the bureau of criminal 691
identification and investigation shall conduct a criminal records 692
check in the manner described in division (B) of this section to 693
determine whether any information exists that indicates that the 694
person who is the subject of the request has been convicted of or 695
pleaded guilty to any of the following:696

       (a) A violation of section 2903.01, 2903.02, 2903.03, 697
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 698
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 699
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 700
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 701
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 702
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 703
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 704
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 705
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 706
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 707
3716.11 of the Revised Code, felonious sexual penetration in 708
violation of former section 2907.12 of the Revised Code, a 709
violation of section 2905.04 of the Revised Code as it existed 710
prior to July 1, 1996, a violation of section 2919.23 of the 711
Revised Code that would have been a violation of section 2905.04 712
of the Revised Code as it existed prior to July 1, 1996, had the 713
violation been committed prior to that date, a violation of 714
section 2925.11 of the Revised Code that is not a minor drug 715
possession offense, a violation of section 2923.02 or 2923.03 of 716
the Revised Code that relates to a crime specified in this 717
division, or a second violation of section 4511.19 of the Revised 718
Code within five years of the date of application for licensure or 719
certification.720

       (b) A violation of an existing or former law of this state, 721
any other state, or the United States that is substantially 722
equivalent to any of the offenses or violations described in 723
division (A)(5)(a) of this section.724

       (6) Upon receipt of a request pursuant to section 5153.111 of 725
the Revised Code, a completed form prescribed pursuant to division 726
(C)(1) of this section, and a set of fingerprint impressions 727
obtained in the manner described in division (C)(2) of this 728
section, the superintendent of the bureau of criminal 729
identification and investigation shall conduct a criminal records 730
check in the manner described in division (B) of this section to 731
determine whether any information exists that indicates that the 732
person who is the subject of the request previously has been 733
convicted of or pleaded guilty to any of the following:734

       (a) A violation of section 2903.01, 2903.02, 2903.03, 735
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 736
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 737
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 738
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 739
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 740
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 741
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 742
felonious sexual penetration in violation of former section 743
2907.12 of the Revised Code, a violation of section 2905.04 of the 744
Revised Code as it existed prior to July 1, 1996, a violation of 745
section 2919.23 of the Revised Code that would have been a 746
violation of section 2905.04 of the Revised Code as it existed 747
prior to July 1, 1996, had the violation been committed prior to 748
that date, or a violation of section 2925.11 of the Revised Code 749
that is not a minor drug possession offense;750

       (b) A violation of an existing or former law of this state, 751
any other state, or the United States that is substantially 752
equivalent to any of the offenses listed in division (A)(6)(a) of 753
this section.754

       (7) On receipt of a request for a criminal records check from 755
an individual pursuant to section 4749.03 or 4749.06 of the 756
Revised Code, accompanied by a completed copy of the form 757
prescribed in division (C)(1) of this section and a set of 758
fingerprint impressions obtained in a manner described in division 759
(C)(2) of this section, the superintendent of the bureau of 760
criminal identification and investigation shall conduct a criminal 761
records check in the manner described in division (B) of this 762
section to determine whether any information exists indicating 763
that the person who is the subject of the request has been 764
convicted of or pleaded guilty to a felony in this state or in any 765
other state. If the individual indicates that a firearm will be 766
carried in the course of business, the superintendent shall 767
require information from the federal bureau of investigation as 768
described in division (B)(2) of this section. Subject to division 769
(F) of this section, the superintendent shall report the findings 770
of the criminal records check and any information the federal 771
bureau of investigation provides to the director of public safety.772

       (8) On receipt of a request pursuant to section 1321.37, 773
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 774
Code, a completed form prescribed pursuant to division (C)(1) of 775
this section, and a set of fingerprint impressions obtained in the 776
manner described in division (C)(2) of this section, the 777
superintendent of the bureau of criminal identification and 778
investigation shall conduct a criminal records check with respect 779
to any person who has applied for a license, permit, or 780
certification from the department of commerce or a division in the 781
department. The superintendent shall conduct the criminal records 782
check in the manner described in division (B) of this section to 783
determine whether any information exists that indicates that the 784
person who is the subject of the request previously has been 785
convicted of or pleaded guilty to any of the following: a 786
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 787
2925.03 of the Revised Code; any other criminal offense involving 788
theft, receiving stolen property, embezzlement, forgery, fraud, 789
passing bad checks, money laundering, or drug trafficking, or any 790
criminal offense involving money or securities, as set forth in 791
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 792
the Revised Code; or any existing or former law of this state, any 793
other state, or the United States that is substantially equivalent 794
to those offenses.795

       (9) On receipt of a request for a criminal records check from 796
the treasurer of state under section 113.041 of the Revised Code 797
or from an individual under section 4701.08, 4715.101, 4717.061, 798
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 799
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 800
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 801
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 802
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 803
accompanied by a completed form prescribed under division (C)(1) 804
of this section and a set of fingerprint impressions obtained in 805
the manner described in division (C)(2) of this section, the 806
superintendent of the bureau of criminal identification and 807
investigation shall conduct a criminal records check in the manner 808
described in division (B) of this section to determine whether any 809
information exists that indicates that the person who is the 810
subject of the request has been convicted of or pleaded guilty to 811
any criminal offense in this state or any other state. Subject to 812
division (F) of this section, the superintendent shall send the 813
results of a check requested under section 113.041 of the Revised 814
Code to the treasurer of state and shall send the results of a 815
check requested under any of the other listed sections to the 816
licensing board specified by the individual in the request.817

       (10) On receipt of a request pursuant to section 1121.23, 818
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 819
Code, a completed form prescribed pursuant to division (C)(1) of 820
this section, and a set of fingerprint impressions obtained in the 821
manner described in division (C)(2) of this section, the 822
superintendent of the bureau of criminal identification and 823
investigation shall conduct a criminal records check in the manner 824
described in division (B) of this section to determine whether any 825
information exists that indicates that the person who is the 826
subject of the request previously has been convicted of or pleaded 827
guilty to any criminal offense under any existing or former law of 828
this state, any other state, or the United States.829

       (11) On receipt of a request for a criminal records check 830
from an appointing or licensing authority under section 3772.07 of 831
the Revised Code, a completed form prescribed under division 832
(C)(1) of this section, and a set of fingerprint impressions 833
obtained in the manner prescribed in division (C)(2) of this 834
section, the superintendent of the bureau of criminal 835
identification and investigation shall conduct a criminal records 836
check in the manner described in division (B) of this section to 837
determine whether any information exists that indicates that the 838
person who is the subject of the request previously has been 839
convicted of or pleaded guilty or no contest to any offense under 840
any existing or former law of this state, any other state, or the 841
United States that is a disqualifying offense as defined in 842
section 3772.07 of the Revised Code or substantially equivalent to 843
such an offense.844

       (12) On receipt of a request pursuant to section 2151.33 or 845
2151.412 of the Revised Code, a completed form prescribed pursuant 846
to division (C)(1) of this section, and a set of fingerprint 847
impressions obtained in the manner described in division (C)(2) of 848
this section, the superintendent of the bureau of criminal 849
identification and investigation shall conduct a criminal records 850
check with respect to any person for whom a criminal records check 851
is required by that section. The superintendent shall conduct the 852
criminal records check in the manner described in division (B) of 853
this section to determine whether any information exists that 854
indicates that the person who is the subject of the request 855
previously has been convicted of or pleaded guilty to any of the 856
following:857

       (a) A violation of section 2903.01, 2903.02, 2903.03, 858
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 859
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 860
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 861
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 862
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 863
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 864
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 865
2925.22, 2925.23, or 3716.11 of the Revised Code;866

       (b) An existing or former law of this state, any other state, 867
or the United States that is substantially equivalent to any of 868
the offenses listed in division (A)(12)(a) of this section.869

       (B) Subject to division (F) of this section, the 870
superintendent shall conduct any criminal records check to be 871
conducted under this section as follows:872

       (1) The superintendent shall review or cause to be reviewed 873
any relevant information gathered and compiled by the bureau under 874
division (A) of section 109.57 of the Revised Code that relates to 875
the person who is the subject of the criminal records check, 876
including, if the criminal records check was requested under 877
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, 878
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 879
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 880
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 881
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 882
5153.111 of the Revised Code, any relevant information contained 883
in records that have been sealed under section 2953.32 of the 884
Revised Code;885

       (2) If the request received by the superintendent asks for 886
information from the federal bureau of investigation, the 887
superintendent shall request from the federal bureau of 888
investigation any information it has with respect to the person 889
who is the subject of the criminal records check, including 890
fingerprint-based checks of national crime information databases 891
as described in 42 U.S.C. 671 if the request is made pursuant to 892
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 893
any other Revised Code section requires fingerprint-based checks 894
of that nature, and shall review or cause to be reviewed any 895
information the superintendent receives from that bureau. If a 896
request under section 3319.39 of the Revised Code asks only for 897
information from the federal bureau of investigation, the 898
superintendent shall not conduct the review prescribed by division 899
(B)(1) of this section.900

        (3) The superintendent or the superintendent's designee may 901
request criminal history records from other states or the federal 902
government pursuant to the national crime prevention and privacy 903
compact set forth in section 109.571 of the Revised Code.904

       (4) The superintendent shall include in the results of the 905
criminal records check a list or description of the offenses 906
listed or described in division (A)(1), (2), (3), (4), (5), (6), 907
(7), (8), (9), (10), (11), or (12) of this section, whichever 908
division requires the superintendent to conduct the criminal 909
records check. The superintendent shall exclude from the results 910
any information the dissemination of which is prohibited by 911
federal law.912

       (5) The superintendent shall send the results of the criminal 913
records check to the person to whom it is to be sent not later 914
than the following number of days after the date the 915
superintendent receives the request for the criminal records 916
check, the completed form prescribed under division (C)(1) of this 917
section, and the set of fingerprint impressions obtained in the 918
manner described in division (C)(2) of this section:919

       (a) If the superintendent is required by division (A) of this 920
section (other than division (A)(3) of this section) to conduct 921
the criminal records check, thirty;922

       (b) If the superintendent is required by division (A)(3) of 923
this section to conduct the criminal records check, sixty.924

       (C)(1) The superintendent shall prescribe a form to obtain 925
the information necessary to conduct a criminal records check from 926
any person for whom a criminal records check is to be conducted 927
under this section. The form that the superintendent prescribes 928
pursuant to this division may be in a tangible format, in an 929
electronic format, or in both tangible and electronic formats.930

       (2) The superintendent shall prescribe standard impression 931
sheets to obtain the fingerprint impressions of any person for 932
whom a criminal records check is to be conducted under this 933
section. Any person for whom a records check is to be conducted 934
under this section shall obtain the fingerprint impressions at a 935
county sheriff's office, municipal police department, or any other 936
entity with the ability to make fingerprint impressions on the 937
standard impression sheets prescribed by the superintendent. The 938
office, department, or entity may charge the person a reasonable 939
fee for making the impressions. The standard impression sheets the 940
superintendent prescribes pursuant to this division may be in a 941
tangible format, in an electronic format, or in both tangible and 942
electronic formats.943

       (3) Subject to division (D) of this section, the 944
superintendent shall prescribe and charge a reasonable fee for 945
providing a criminal records check under this section. The person 946
requesting the criminal records check shall pay the fee prescribed 947
pursuant to this division. In the case of a request under section 948
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 949
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 950
the manner specified in that section.951

       (4) The superintendent of the bureau of criminal 952
identification and investigation may prescribe methods of 953
forwarding fingerprint impressions and information necessary to 954
conduct a criminal records check, which methods shall include, but 955
not be limited to, an electronic method.956

       (D) The results of a criminal records check conducted under 957
this section, other than a criminal records check specified in 958
division (A)(7) of this section, are valid for the person who is 959
the subject of the criminal records check for a period of one year 960
from the date upon which the superintendent completes the criminal 961
records check. If during that period the superintendent receives 962
another request for a criminal records check to be conducted under 963
this section for that person, the superintendent shall provide the 964
results from the previous criminal records check of the person at 965
a lower fee than the fee prescribed for the initial criminal 966
records check.967

       (E) When the superintendent receives a request for 968
information from a registered private provider, the superintendent 969
shall proceed as if the request was received from a school 970
district board of education under section 3319.39 of the Revised 971
Code. The superintendent shall apply division (A)(1)(c) of this 972
section to any such request for an applicant who is a teacher.973

       (F)(1) All information regarding the results of a criminal 974
records check conducted under this section that the superintendent 975
reports or sends under division (A)(7) or (9) of this section to 976
the director of public safety, the treasurer of state, or the 977
person, board, or entity that made the request for the criminal 978
records check shall relate to the conviction of the subject 979
person, or the subject person's plea of guilty to, a criminal 980
offense.981

       (2) Division (F)(1) of this section does not limit, restrict, 982
or preclude the superintendent's release of information that 983
relates to the arrest of a person who is eighteen years of age or 984
older, to an adjudication of a child as a delinquent child, or 985
that relates to a criminal conviction of a person under eighteen 986
years of age if the person's case was transferred back to a 987
juvenile court under division (B)(2) or (3) of section 2152.121 of 988
the Revised Code and the juvenile court imposed a disposition or 989
serious youthful offender disposition upon the person under either 990
division, if either of the following applies with respect to the 991
adjudication or conviction:992

       (a) The adjudication or conviction was for a violation of 993
section 2903.01 or 2903.02 of the Revised Code.994

       (b) The adjudication or conviction was for a sexually 995
oriented offense, as defined in section 2950.01 of the Revised 996
Code, the juvenile court was required to classify the child a 997
juvenile offender registrant for that offense under section 998
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 999
classification has not been removedin circumstances in which a 1000
release of that nature is authorized under division (E)(2), (3), 1001
or (4) of section 109.57 of the Revised Code pursuant to a rule 1002
adopted under division (E)(1) of that section.1003

       (G) As used in this section:1004

       (1) "Criminal records check" means any criminal records check 1005
conducted by the superintendent of the bureau of criminal 1006
identification and investigation in accordance with division (B) 1007
of this section.1008

       (2) "Minor drug possession offense" has the same meaning as 1009
in section 2925.01 of the Revised Code.1010

       (3) "OVI or OVUAC violation" means a violation of section 1011
4511.19 of the Revised Code or a violation of an existing or 1012
former law of this state, any other state, or the United States 1013
that is substantially equivalent to section 4511.19 of the Revised 1014
Code.1015

       (4) "Registered private provider" means a nonpublic school or 1016
entity registered with the superintendent of public instruction 1017
under section 3310.41 of the Revised Code to participate in the 1018
autism scholarship program or section 3310.58 of the Revised Code 1019
to participate in the Jon Peterson special needs scholarship 1020
program.1021

       Sec. 109.578. (A) On receipt of a request pursuant to section 1022
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a 1023
completed form prescribed pursuant to division (C)(1) of this 1024
section, and a set of fingerprint impressions obtained in the 1025
manner described in division (C)(2) of this section, the 1026
superintendent of the bureau of criminal identification and 1027
investigation shall conduct a criminal records check in the manner 1028
described in division (B) of this section to determine whether any 1029
information exists that indicates that the person who is the 1030
subject of the request previously has been convicted of or pleaded 1031
guilty to any of the following:1032

       (1) A felony;1033

       (2) A violation of section 2909.03 of the Revised Code;1034

       (3) A violation of an existing or former law of this state, 1035
any other state, or the United States that is substantially 1036
equivalent to any of the offenses listed in division (A)(1) or (2) 1037
of this section.1038

       (B) Subject to division (E) of this section, the 1039
superintendent shall conduct any criminal records check pursuant 1040
to division (A) of this section as follows:1041

       (1) The superintendent shall review or cause to be reviewed 1042
any relevant information gathered and compiled by the bureau under 1043
division (A) of section 109.57 of the Revised Code that relates to 1044
the person who is the subject of the request, including any 1045
relevant information contained in records that have been sealed 1046
under section 2953.32 of the Revised Code.1047

       (2) If the request received by the superintendent asks for 1048
information from the federal bureau of investigation, the 1049
superintendent shall request from the federal bureau of 1050
investigation any information it has with respect to the person 1051
who is the subject of the request and shall review or cause to be 1052
reviewed any information the superintendent receives from that 1053
bureau.1054

       (C)(1) The superintendent shall prescribe a form to obtain 1055
the information necessary to conduct a criminal records check from 1056
any person for whom a criminal records check is requested pursuant 1057
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised 1058
Code. The form that the superintendent prescribes pursuant to this 1059
division may be in a tangible format, in an electronic format, or 1060
in both tangible and electronic formats.1061

       (2) The superintendent shall prescribe standard impression 1062
sheets to obtain the fingerprint impressions of any person for 1063
whom a criminal records check is requested pursuant to section 1064
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any 1065
person for whom a records check is requested pursuant to any of 1066
those sections shall obtain the fingerprint impressions at a 1067
county sheriff's office, a municipal police department, or any 1068
other entity with the ability to make fingerprint impressions on 1069
the standard impression sheets prescribed by the superintendent. 1070
The office, department, or entity may charge the person a 1071
reasonable fee for making the impressions. The standard impression 1072
sheets the superintendent prescribes pursuant to this division may 1073
be in a tangible format, in an electronic format, or in both 1074
tangible and electronic formats.1075

       (3) Subject to division (D) of this section, the 1076
superintendent shall prescribe and charge a reasonable fee for 1077
providing a criminal records check requested under section 1078
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The 1079
person making the criminal records request shall pay the fee 1080
prescribed pursuant to this division.1081

       (4) The superintendent may prescribe methods of forwarding 1082
fingerprint impressions and information necessary to conduct a 1083
criminal records check. The methods shall include, but are not 1084
limited to, an electronic method.1085

       (D) A determination whether any information exists that 1086
indicates that a person previously has been convicted of or 1087
pleaded guilty to any offense listed or described in division (A) 1088
of this section and that the superintendent made with respect to 1089
information considered in a criminal records check in accordance 1090
with this section is valid for the person who is the subject of 1091
the criminal records check for a period of one year from the date 1092
upon which the superintendent makes the determination. During the 1093
period in which the determination in regard to a person is valid, 1094
if another request under this section is made for a criminal 1095
records check for that person, the superintendent shall provide 1096
the information that is the basis for the superintendent's initial 1097
determination at a lower fee than the fee prescribed for the 1098
initial criminal records check.1099

       (E)(1) All information regarding the results of a criminal 1100
records check conducted under this section that the superintendent 1101
reports or sends under this section to the person, board, or 1102
entity that made the request for the criminal records check shall 1103
relate to the conviction of the subject person, or the subject 1104
person's plea of guilty to, a criminal offense.1105

       (2) Division (E)(1) of this section does not limit, restrict, 1106
or preclude the superintendent's release of information that 1107
relates to the arrest of a person who is eighteen years of age or 1108
older, to an adjudication of a child as a delinquent child, or 1109
that relates to a criminal conviction of a person under eighteen 1110
years of age if the person's case was transferred back to a 1111
juvenile court under division (B)(2) or (3) of section 2152.121 of 1112
the Revised Code and the juvenile court imposed a disposition or 1113
serious youthful offender disposition upon the person under either 1114
division, if either of the following applies with respect to the 1115
adjudication or conviction:1116

       (a) The adjudication or conviction was for a violation of 1117
section 2903.01 or 2903.02 of the Revised Code.1118

       (b) The adjudication or conviction was for a sexually 1119
oriented offense, as defined in section 2950.01 of the Revised 1120
Code, the juvenile court was required to classify the child a 1121
juvenile offender registrant for that offense under section 1122
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1123
classification has not been removedin circumstances in which a 1124
release of that nature is authorized under division (E)(2), (3), 1125
or (4) of section 109.57 of the Revised Code pursuant to a rule 1126
adopted under division (E)(1) of that section.1127

       (F) As used in this section, "criminal records check" means 1128
any criminal records check conducted by the superintendent of the 1129
bureau of criminal identification and investigation in accordance 1130
with division (B) of this section.1131

       Sec. 122.681.  (A) Except as permitted by this section, or 1132
when required by federal law, no person or government entity shall 1133
solicit, release, disclose, receive, use, or knowingly permit or 1134
participate in the use of any information regarding an individual 1135
receiving assistance pursuant to a community services division 1136
program under sections 122.66 to 122.702 of the Revised Code for 1137
any purpose not directly related to the administration of a 1138
division assistance program.1139

       (B) To the extent permitted by federal law, the division, and 1140
any entity that receives division funds to administer a division 1141
program to assist individuals, shall release information regarding 1142
an individual assistance recipient to the following: 1143

       (1) A government entity responsible for administering the 1144
assistance program for purposes directly related to the 1145
administration of the program;1146

       (2) A law enforcement agency for the purpose of any 1147
investigation, prosecution, or criminal or civil proceeding 1148
relating to the administration of the assistance program;1149

       (3) A government entity responsible for administering a 1150
children's protective services program, for the purpose of 1151
protecting children;1152

       (4) Any appropriate person in compliance with a search 1153
warrant, subpoena, or other court order.1154

       (C) To the extent permitted by federal law and section 1155
1347.08 of the Revised Code, the division, and any entity 1156
administering a division program, shall provide access to 1157
information regarding an individual assistance recipient to all of 1158
the following:1159

       (1) The individual assistance recipient;1160

       (2) The authorized representative of the individual 1161
assistance recipient;1162

       (3) The legal guardian of the individual assistance 1163
recipient;1164

       (4) The attorney of the individual assistance recipient.1165

       (D) To the extent permitted by federal law, the division, and 1166
any entity administering a division program, may do either of the 1167
following:1168

       (1) Release information about an individual assistance 1169
recipient if the recipient gives voluntary, written authorization;1170

       (2) Release information regarding an individual assistance 1171
recipient to a state, federal, or federally assisted program that 1172
provides cash or in-kind assistance or services directly to 1173
individuals based on need.1174

       (E) The community services division, or an entity 1175
administering a division program, shall provide, at no cost, a 1176
copy of each written authorization to the individual who signed 1177
it.1178

       (F) The development services agency may adopt rules defining 1179
who may serve as an individual assistance recipient's authorized 1180
representative for purposes of division (C)(2) of this section.1181

       Sec. 307.932.  (A) As used in this section:1182

       (1) "Division of parole and community services" means the 1183
division of parole and community services of the department of 1184
rehabilitation and correction.1185

       (2) "Eligible offender" means, in relation to a particular 1186
community alternative sentencing center or district community 1187
alternative sentencing center established and operated under 1188
division (E) of this section, an offender who has been convicted 1189
of or pleaded guilty to a qualifying misdemeanor offense, for whom 1190
no provision of the Revised Code or ordinance of a municipal 1191
corporation other than section 4511.19 of the Revised Code, both 1192
sectionsections 4510.14 and 4511.19 of the Revised Code, or an 1193
ordinance or ordinances of a municipal corporation that provide 1194
the penalties for a municipal OVI offense or for both a municipal 1195
OVI ordinance and a municipal DUS ordinance of the municipal 1196
corporation requires the imposition of a mandatory jail term for 1197
that qualifying misdemeanor offense, and who is eligible to be 1198
sentenced directly to that center and admitted to it under rules 1199
adopted under division (G) of this section by the board of county 1200
commissioners or, affiliated group of boards of county 1201
commissioners, or municipal corporation that established and 1202
operates that center.1203

       (3) "Municipal OVI offense" has the same meaning as in 1204
section 4511.181 of the Revised Code.1205

        (4) "OVI term of confinement" means a term of confinement 1206
imposed for a violation of section 4511.19 of the Revised Code or 1207
for a municipal OVI offense, including any mandatory jail term or 1208
mandatory term of local incarceration imposed for that violation 1209
or offense.1210

        (5) "Community residential sanction" means a community 1211
residential sanction imposed under section 2929.26 of the Revised 1212
Code for a misdemeanor violation of a section of the Revised Code 1213
or a term of confinement imposed for a misdemeanor violation of a 1214
municipal ordinance that is not a jail term.1215

       (6) "Qualifying misdemeanor offense" means a violation of any 1216
section of the Revised Code that is a misdemeanor or a violation 1217
of any ordinance of a municipal corporation located in the county 1218
that is a misdemeanor.1219

       (7) "Municipal DUS offense" means a violation of a municipal 1220
ordinance that is substantially equivalent to section 4510.14 of 1221
the Revised Code.1222

       (B)(1) The board of county commissioners of any county, in 1223
consultation with the sheriff of the county, may formulate a 1224
proposal forestablish a community alternative sentencing center 1225
that, upon implementation by the county or being subcontracted to 1226
or operated by a nonprofit organization, wouldshall be used for 1227
the confinement of eligible offenders sentenced directly to the 1228
center by a court located in theany county pursuant to a 1229
community residential sanction of not more than thirtyninety days 1230
or pursuant to an OVI term of confinement of not more than sixty1231
ninety days, and for the purpose of closely monitoring those 1232
eligible offenders' adjustment to community supervision. A board 1233
that formulatesestablishes a proposalcenter pursuant to this 1234
division shall do so by resolution.1235

       (2) The boards of county commissioners of two or more 1236
adjoining or neighboring counties, in consultation with the 1237
sheriffs of each of those counties, may affiliate and formulate1238
establish by resolution adopted by each of them a proposal for a 1239
district community alternative sentencing center that, upon 1240
implementation by the counties or being subcontracted to or 1241
operated by a nonprofit organization, wouldshall be used for the 1242
confinement of eligible offenders sentenced directly to the center 1243
by a court located in any of those countiescounty pursuant to a 1244
community residential sanction of not more than thirtyninety days 1245
or pursuant to an OVI term of confinement of not more than sixty1246
ninety days, and for the purpose of closely monitoring those 1247
eligible offenders' adjustment to community supervision. Each 1248
board that affiliates with one or more other boards to formulate1249
establish a proposalcenter pursuant to this division shall 1250
formulate the proposaldo so by resolution.1251

       (3) A municipal corporation may establish a community 1252
alternative sentencing center that, upon implementation by the 1253
municipal corporation or being subcontracted to or operated by a 1254
nonprofit organization, shall be used for the confinement of 1255
eligible offenders sentenced directly to the center by a court 1256
located in any county pursuant to a community residential sanction 1257
of not more than ninety days or pursuant to an OVI term of 1258
confinement of not more than ninety days, and for the purpose of 1259
closely monitoring those eligible offenders' adjustment to 1260
community supervision. A municipal corporation that establishes a 1261
center pursuant to this division shall do so by resolution.1262

       (C) Each proposal forresolution establishing a community 1263
alternative sentencing center or a district community alternative 1264
sentencing center that is formulated under division (B)(1) or (2)1265
of this section shall include proposalsprovisions for operation 1266
of the center and for criteria to define which offenders are 1267
eligible to be sentenced directly to the center and admitted to 1268
it. At a minimum, the proposed criteria that define which 1269
offenders are eligible to be sentenced directly to the center and 1270
admitted to it shall provide all of the following:1271

       (1) Thatthat an offender is eligible to be sentenced 1272
directly to the center and admitted to it if the offender has been 1273
convicted of or pleaded guilty to a qualifying misdemeanor offense 1274
and is sentenced directly to the center for the qualifying 1275
misdemeanor offense pursuant to a community residential sanction 1276
of not more than thirtyninety days or pursuant to an OVI term of 1277
confinement of not more than sixtyninety days by a court that is 1278
located in theany county or one of the counties served by the 1279
board of county commissioners or by any of the affiliated group of 1280
boards of county commissioners that submits the proposal;1281

       (2) That, except as otherwise provided in this division, no 1282
offender is eligible to be sentenced directly to the center or 1283
admitted to it if, in addition to the community residential 1284
sanction or OVI term of confinement described in division (C)(1) 1285
of this section, the offender is serving or has been sentenced to 1286
serve any other jail term, prison term, or community residential 1287
sanction. A mandatory jail term or electronic monitoring imposed 1288
in lieu of a mandatory jail term for a violation of section 1289
4511.19 of the Revised Code, for a municipal OVI offense, or for 1290
either such offense and a similar offense that exceeds sixty days 1291
of confinement shall not disqualify the offender from serving 1292
sixty days of the mandatory jail term at the center.1293

       (D) If a proposal for a community alternative sentencing 1294
center or a district community alternative sentencing center that 1295
is formulatedestablished under division (B)(1) or (2) of this 1296
section contemplates the use of an existing facility, or a part of 1297
an existing facility, as the center, nothing in this section 1298
limits, restricts, or precludes the use of the facility, the part 1299
of the facility, or any other part of the facility for any purpose 1300
other than as a community alternative sentencing center or 1301
district community alternative sentencing center.1302

       (E) The establishment and operation of a community 1303
alternative sentencing center or district community alternative 1304
sentencing center may be done by subcontracting with a nonprofit 1305
organization for the operation of the center.1306

       If a board of county commissioners or, an affiliated group of 1307
boards of county commissioners, or municipal corporation1308
establishes and operates or subcontracts with a nonprofit 1309
organization for the operation of a community alternative 1310
sentencing center or district community alternative sentencing 1311
center under this division, except as otherwise provided in this 1312
division, the center is not a minimum security jail under section 1313
341.14, section 753.21, or any other provision of the Revised 1314
Code, is not a jail or alternative residential facility as defined 1315
in section 2929.01 of the Revised Code, is not required to satisfy 1316
or comply with minimum standards for minimum security jails or 1317
other jails that are promulgated under division (A) of section 1318
5120.10 of the Revised Code, is not a local detention facility as 1319
defined in section 2929.36 of the Revised Code, and is not a 1320
residential unit as defined in section 2950.01 of the Revised 1321
Code. The center is a detention facility as defined in sections 1322
2921.01 and 2923.124 of the Revised Code, and an eligible offender 1323
confined in the center is under detention as defined in section 1324
2921.01 of the Revised Code. Regarding persons sentenced directly 1325
to the center under an OVI term of confinement or under both an 1326
OVI term of confinement and confinement for a violation of section 1327
4510.14 of the Revised Code or a municipal DUS offense, the center 1328
shall be considered a "jail" or "local correctional facility" for 1329
purposes of any provision in section 4510.14 or 4511.19 of the 1330
Revised Code or in an ordinance of a municipal corporation that 1331
requires a mandatory jail term or mandatory term of local 1332
incarceration for the violation of section 4511.19 of the Revised 1333
Code, the violation of both section 4510.14 and 4511.19 of the 1334
Revised Code, the municipal OVI offense, or the municipal OVI 1335
offense and the municipal DUS offense, and a direct sentence of a 1336
person to the center under an OVI term of confinement or under 1337
both an OVI term of confinement and confinement for a violation of 1338
section 4510.14 of the Revised Code or a municipal DUS offense 1339
shall be considered to be a sentence to a "jail" or "local 1340
correctional facility" for purposes of any such provision in 1341
section 4510.14 or 4511.19 of the Revised Code or in an ordinance 1342
of a municipal corporation.1343

       (F)(1) If the board of county commissioners of a county that 1344
is being served by a community alternative sentencing center 1345
established pursuant to division (E) of this section determines 1346
that it no longer wants to be served by the center, the board may 1347
dissolve the center by adopting a resolution evidencing the 1348
determination to dissolve the center.1349

       (2) If the boards of county commissioners of all of the 1350
counties served by any district community alternative sentencing 1351
center established pursuant to division (E) of this section 1352
determine that they no longer want to be served by the center, the 1353
boards may dissolve the center by adopting in each county a 1354
resolution evidencing the determination to dissolve the center. 1355

       (3) If at least one, but not all, of the boards of county 1356
commissioners of the counties being served by any district 1357
community alternative sentencing center established pursuant to 1358
division (E) of this section determines that it no longer wants to 1359
be served by the center, the board may terminate its involvement 1360
with the center by adopting a resolution evidencing the 1361
determination to terminate its involvement with the center. If at 1362
least one, but not all, of the boards of county commissioners of 1363
the counties being served by any community alternative sentencing 1364
center terminates its involvement with the center in accordance 1365
with this division, the other boards of county commissioners of 1366
the counties being served by the center may continue to be served 1367
by the center.1368

       (4) If a municipal corporation that is being served by a 1369
community alternative sentencing center established pursuant to 1370
this section determines that it no longer wants to be served by 1371
the center, the municipal corporation may dissolve the center by 1372
adopting a resolution evidencing the determination to dissolve the 1373
center.1374

       (G) Prior to establishing or operating a community 1375
alternative sentencing center or a district community alternative 1376
sentencing center, the board of county commissioners or, the 1377
affiliated group of boards of county commissioners, or municipal 1378
corporation that formulatedestablished the proposalcenter shall 1379
adopt rules for the operation of the center. The rules shall 1380
include criteria that define which offenders are eligible to be 1381
sentenced directly to the center and admitted to it. 1382

       (H) If a board of county commissioners establishes and1383
operates or subcontracts with a nonprofit organization for the 1384
operation of a community alternative sentencing center under 1385
division (E) of this section, or an affiliated group of boards of 1386
county commissioners establishes and operates or subcontracts 1387
with a nonprofit organization for the operation of a district 1388
community alternative sentencing center, or a municipal 1389
corporation operates or subcontracts with a nonprofit organization 1390
for the operation of a community alternative sentencing center1391
under that divisionthis section, all of the following apply:1392

       (1) AnyWith the approval of the operator of the center, a1393
court located within theany county served by the board that 1394
establishes and operates a community alternative sentencing center1395
may directly sentence eligible offenders to thea community 1396
alternative sentencing center or district community alternative 1397
sentencing center pursuant to a community residential sanction of 1398
not more than thirtyninety days or pursuant to an OVI term of 1399
confinement, a combination of an OVI term of confinement and 1400
confinement for a violation of section 4510.14 of the Revised 1401
Code, or confinement for a municipal DUS offense of not more than 1402
ninety days. Any court located within a county served by any of 1403
the boards that establishes and operates a district community 1404
alternative sentencing center may directly sentence eligible 1405
offenders to the center pursuant to a community residential 1406
sanction of not more than thirty days or pursuant to an OVI term 1407
of confinement, a combination of an OVI term of confinement and 1408
confinement for a violation of section 4510.14 of the Revised 1409
Code, or confinement for a municipal DUS offense of not more than 1410
sixty days.1411

       (2) Each eligible offender who is sentenced to the center as 1412
described in division (H)(1) of this section and admitted to it 1413
shall be offered during the eligible offender's confinement at the 1414
center educational and vocational services and reentry planning 1415
and may be offered any other treatment and rehabilitative services 1416
that are available and that the court that sentenced the 1417
particular eligible offender to the center and the administrator 1418
of the center determine are appropriate based upon the offense for 1419
which the eligible offender was sentenced to the community 1420
residential sanction and the length of the sanction. 1421

       (3) Before accepting an eligible offender sentenced to the 1422
center by a court, the board or, the affiliated group of boards, 1423
or the municipal corporation shall enter into an agreement with a 1424
political subdivision that operates that court that addresses the 1425
cost and payment of medical treatment or services received by 1426
eligible offenders sentenced by that court while they are confined 1427
in the center. The agreement may provide for the payment of the 1428
costs by the particular eligible offender who receives the 1429
treatment or services, as described in division (I) of this 1430
section.1431

       (4) If a court sentences an eligible offender to a center 1432
under authority of division (H)(1) of this section, immediately 1433
after the sentence is imposed, the eligible offender shall be 1434
taken to the probation department that serves the court. The 1435
department shall handle any preliminary matters regarding the 1436
admission of the eligible offender to the center, including a 1437
determination as to whether the eligible offender may be admitted 1438
to the center under the criteria included in the rules adopted 1439
under division (G) of this section that define which offenders are 1440
eligible to be sentenced and admitted to the center. If the 1441
eligible offender is accepted for admission to the center, the 1442
department shall schedule the eligible offender for the admission 1443
and shall provide for the transportation of the offender to the 1444
center. If an eligible offender who is sentenced to the center 1445
under a community residential sanction is not accepted for 1446
admission to the center for any reason, the nonacceptance shall be 1447
considered a violation of a condition of the community residential 1448
sanction, the eligible offender shall be taken before the court 1449
that imposed the sentence, and the court may proceed as specified 1450
in division (C)(2) of section 2929.25 of the Revised Code based on 1451
the violation or as provided by ordinance of the municipal 1452
corporation based on the violation, whichever is applicable. If an 1453
eligible offender who is sentenced to the center under an OVI term 1454
of confinement is not accepted for admission to the center for any 1455
reason, the eligible offender shall be taken before the court that 1456
imposed the sentence, and the court shall determine the place at 1457
which the offender is to serve the term of confinement. If thean1458
eligible offender a court sentences to the center is admitted to 1459
the center, all of the following apply:1460

       (a) The admission shall be under the terms and conditions 1461
established by the court and the administrator of the center, and 1462
the court and the administrator of the center shall provide for 1463
the confinement of the eligible offender and supervise the 1464
eligible offender as provided in divisions (H)(4)(b) to (f) of 1465
this section.1466

       (b) The eligible offender shall be confined in the center 1467
during any period of time that the eligible offender is not 1468
actually working at the eligible offender's approved work release 1469
described in division (H)(4)(c) of this section, engaged in 1470
community service activities described in division (H)(4)(d) of 1471
this section, engaged in authorized vocational training or another 1472
authorized educational program, engaged in another program 1473
designated by the administrator of the center, or engaged in other 1474
activities approved by the court and the administrator of the 1475
center.1476

       (c) If the court and the administrator of the center 1477
determine that work release is appropriate based upon the offense 1478
for which the eligible offender was sentenced to the community 1479
residential sanction or OVI term of confinement and the length of 1480
the sanction or term, the eligible offender may be offered work 1481
release from confinement at the center and be released from 1482
confinement while engaged in the work release.1483

       (d) An eligible offender may not participate in community 1484
service without the court's approval. If the administrator of the 1485
center determines that community service is appropriate and if the 1486
eligible offender will be confined for more than ten days at the 1487
center, the eligible offender may be required to participate in 1488
community service activities approved by the court and by the 1489
political subdivision served by the court. Community service 1490
activities that may be required under this division may take place 1491
in facilities of the political subdivision that operates the 1492
court, in the community, or in both such locales. The eligible 1493
offender shall be released from confinement while engaged in the 1494
community service activities. Community service activities 1495
required under this division shall be supervised by the court or 1496
an official designated by the board of county commissioners or 1497
affiliated group of boards of county commissioners that 1498
established and is operating the center. Community service 1499
activities required under this division shall not exceed in 1500
duration the period for which the eligible offender will be 1501
confined at the center under the community residential sanction or 1502
the OVI term of confinement.1503

       (e) The confinement of the eligible offender in the center 1504
shall be considered for purposes of this division and division 1505
(H)(4)(f) of this section as including any period of time 1506
described in division (H)(4)(b) of this section when the eligible 1507
offender may be outside of the center and shall continue until the 1508
expiration of the community residential sanction, the OVI term of 1509
confinement, or the combination of the OVI term of confinement and 1510
the confinement for the violation of section 4510.14 of the 1511
Revised Code or the municipal DUS ordinance that the eligible 1512
offender is serving upon admission to the center.1513

       (f) After the admission and until the expiration of the 1514
community residential sanction or OVI term of confinement that the 1515
eligible offender is serving upon admission to the center, the 1516
eligible offender shall be considered for purposes of any 1517
provision in Title XXIX of the Revised Code to be serving the 1518
community residential sanction or OVI term of confinement.1519

       (5) The administrator of the center, or the administrator's 1520
designee, shall post a sign as described in division (A)(4) of 1521
section 2923.1212 of the Revised Code in a conspicuous location at 1522
the center.1523

       (I) The board of county commissioners that establishes and 1524
operates a community alternative sentencing center under division 1525
(E) of this section, or the affiliated group of boards of county 1526
commissioners that establishes and operates a district community 1527
alternative sentencing center under that divisionthis section, or 1528
the municipal corporation that establishes a community alternative 1529
sentencing center under this section, may require an eligible 1530
offender who is sentenced directly to the center and admitted to 1531
it to pay to the county served by the board or, the counties 1532
served by the affiliated group of boards, the municipal 1533
corporation, or the entity operating the center the reasonable 1534
expenses incurred by the county or, counties, municipal 1535
corporation, or entity, whichever is applicable, in supervising or 1536
confining the eligible offender after being sentenced to the 1537
center and admitted. Inability to pay those reasonable expenses 1538
shall not be grounds for refusing to admit an otherwise eligible 1539
offender to the center.1540

       (J)(1) If an eligible offender who is directly sentenced to a 1541
community alternative sentencing center or district community 1542
alternative sentencing center and admitted to the center 1543
successfully completes the service of the community residential 1544
sanction in the center, the administrator of the center shall 1545
notify the court that imposed the sentence, and the court shall 1546
enter into the journal that the eligible offender successfully 1547
completed the service of the sanction.1548

       (2) If an eligible offender who is directly sentenced to a 1549
community alternative sentencing center or district community 1550
alternative sentencing center and admitted to the center violates 1551
any rule established under this section by the board of county 1552
commissioners or the affiliated group of boards of county 1553
commissioners that establishes and operates the center, violates 1554
any condition of the community residential sanction, the OVI term 1555
of confinement, or the combination of the OVI term of confinement 1556
and the confinement for the violation of section 4510.14 of the 1557
Revised Code or the municipal OVI ordinance imposed by the 1558
sentencing court, or otherwise does not successfully complete the 1559
service of the community residential sanction or OVI term of 1560
confinement in the center, the administrator of the center shall 1561
report the violation or failure to successfully complete the 1562
sanction or term directly to the court or to the probation 1563
department or probation officer with general control and 1564
supervision over the eligible offender. A failure to successfully 1565
complete the service of the community residential sanction, the 1566
OVI term of confinement, or the combination of the OVI term of 1567
confinement and the confinement for the violation of section 1568
4510.14 of the Revised Code or the municipal OVI ordinance in the 1569
center shall be considered a violation of a condition of the 1570
community residential sanction or the OVI term of confinement. If 1571
the administrator reports the violation to the probation 1572
department or probation officer, the department or officer shall 1573
report the violation to the court. Upon its receipt under this 1574
division of a report of a violation or failure to complete the 1575
sanction by a person sentenced to the center under a community 1576
residential sanction, the court may proceed as specified in 1577
division (C)(2) of section 2929.25 of the Revised Code based on 1578
the violation or as provided by ordinance of the municipal 1579
corporation based on the violation, whichever is applicable. Upon 1580
its receipt under this division of a report of a violation or 1581
failure to complete the term by a person sentenced to the center 1582
under an OVI term of confinement, the court shall determine the 1583
place at which the offender is to serve the remainder of the term 1584
of confinement. The eligible offender shall receive credit towards 1585
completing the eligible offender's sentence for the time spent in 1586
the center after admission to it.1587

       Sec. 1901.44.  (A)(1) Notwithstanding any other provision of 1588
the Revised Code, if at the time of sentencing or at any time 1589
after sentencing a municipal court finds that a person who is 1590
found guilty of an offense is unable to pay costs, the court may 1591
order the offender to perform community service in lieu of costs. 1592

       (2) Notwithstanding any other provision of the Revised Code, 1593
if at the time of sentencing or at any time after sentencing a 1594
municipal court finds that a person who is found guilty of an 1595
offense will not be able to pay costs in full when they are due, 1596
the court may order the offender to pay the costs in installments 1597
according to a schedule set by the court.1598

       (B) If a person is charged with an offense in municipal court 1599
and either fails to appear in court at the required time and place 1600
to answer the charge or pleads guilty to or is found guilty of the 1601
offense and fails within the time allowed by the court to pay any 1602
fine or costs imposed by the court, unless the court previously 1603
has given written notice to the person, the court shall send the 1604
person a notice by ordinary mail at the person's last known 1605
address stating that there is a balance due, specifying the amount 1606
of the balance due, and directing the person to contact the court 1607
clerk's office within ten days of the date of the notice. The 1608
notice shall include the sentence: "WARNING: Failure to timely 1609
respond to this notice may result in the blocking of your motor 1610
vehicle registration or transfer of registration!" To avoid a 1611
block on the person's motor vehicle registration or transfer of 1612
registration, the person may enter into a written agreement with 1613
the court to pay the balance due in installments or to perform 1614
community service in lieu of payment. The agreement shall include 1615
the sentence: "WARNING: Failure to comply with the payment 1616
schedule or to complete your community service requirement may 1617
result in the blocking of your motor vehicle registration or 1618
transfer of registration!"1619

       If a person does not enter into an agreement under this 1620
division or if a person fails to comply with an agreement entered 1621
into under this division, the court may enter information relative 1622
to the person's failure to pay any outstanding amount of the fine 1623
or costs on a form prescribed or approved by the registrar of 1624
motor vehicles pursuant to division (C) of this section and send 1625
the form to the registrar. Upon receipt of the form, the registrar 1626
shall take any measures necessary to ensure that neither the 1627
registrar nor any deputy registrar accepts any application for the 1628
registration or transfer of registration of any motor vehicle 1629
owned or leased by the person. However, for a motor vehicle leased 1630
by the person, the registrar shall not implement this requirement 1631
until the registrar adopts procedures for that implementation 1632
under section 4503.39 of the Revised Code.1633

       The period of denial relating to the issuance or transfer of 1634
a certificate of registration for a motor vehicle imposed under 1635
this section remains in effect until the person pays any fine or 1636
costs imposed by the court relative to the offense. When the fine 1637
or costs have been paid in full, the court shall inform the 1638
registrar of the payment by entering information relative to the 1639
payment on a notice of payment form prescribed or approved by the 1640
registrar pursuant to division (C) of this section and sending the 1641
form to the registrar. 1642

       (C) The registrar shall prescribe and make available to 1643
municipal courts forms to be used for a notice to the registrar of 1644
failure to pay fines or costs and a notice to the registrar of 1645
payment of fines or costs under division (B) of this section. The 1646
registrar may approve the use of other forms for these purposes.1647

       The registrar may require that any of the forms prescribed or 1648
approved pursuant to this section be transmitted to the registrar 1649
electronically. If the registrar requires electronic transmission, 1650
the registrar shall not be required to give effect to any form 1651
that is not transmitted electronically.1652

       Sec. 1905.202.  (A)(1) Notwithstanding any other provision of 1653
the Revised Code, if at the time of sentencing or at any time 1654
after sentencing a mayor's court finds that a person who is found 1655
guilty of an offense is unable to pay costs, the court may order 1656
the offender to perform community service in lieu of costs.1657

       (2) Notwithstanding any other provision of the Revised Code, 1658
if at the time of sentencing or at any time after sentencing a 1659
mayor's court finds that a person who is found guilty of an 1660
offense will not be able to pay costs in full when they are due, 1661
the court may order the offender to pay the costs in installments 1662
according to a schedule set by the court. 1663

       (B) If a person is charged with an offense in mayor's court 1664
and either fails to appear in court at the required time and place 1665
to answer the charge or pleads guilty to or is found guilty of the 1666
offense and fails within the time allowed by the court to pay any 1667
fine or costs imposed by the court, unless the court previously 1668
has given written notice to the person, the court shall send the 1669
person a notice by ordinary mail at the person's last known 1670
address stating that there is a balance due, specifying the amount 1671
of the balance due, and directing the person to contact the court 1672
clerk's office within ten days of the date of the notice. The 1673
notice shall include the sentence: "WARNING: Failure to timely 1674
respond to this notice may result in the blocking of your motor 1675
vehicle registration or transfer of registration!" To avoid a 1676
block on the person's motor vehicle registration or transfer of 1677
registration, the person may enter into a written agreement with 1678
the court to pay the balance due in installments or to perform 1679
community service in lieu of payment. The agreement shall include 1680
the sentence: "WARNING: Failure to comply with the payment 1681
schedule or to complete your community service requirement may 1682
result in the blocking of your motor vehicle registration or 1683
transfer of registration!"1684

       If a person does not enter into an agreement under this 1685
division or if a person fails to comply with an agreement entered 1686
into under this division, the court may enter information relative 1687
to the person's failure to pay any outstanding amount of the fine 1688
or costs on a form prescribed or approved by the registrar of 1689
motor vehicles pursuant to division (C) of this section and send 1690
the form to the registrar. Upon receipt of the form, the registrar 1691
shall take any measures necessary to ensure that neither the 1692
registrar nor any deputy registrar accepts any application for the 1693
registration or transfer of registration of any motor vehicle 1694
owned or leased by the person. However, for a motor vehicle leased 1695
by the person, the registrar shall not implement this requirement 1696
until the registrar adopts procedures for that implementation 1697
under section 4503.39 of the Revised Code.1698

       The period of denial relating to the issuance or transfer of 1699
a certificate of registration for a motor vehicle imposed under 1700
this section remains in effect until the person pays any fine or 1701
costs imposed by the court relative to the offense. When the fine 1702
or costs have been paid in full, the court shall inform the 1703
registrar of the payment by entering information relative to the 1704
payment on a notice of payment form prescribed or approved by the 1705
registrar pursuant to division (C) of this section and sending the 1706
form to the registrar. 1707

       (C) The registrar shall prescribe and make available to 1708
mayor's courts forms to be used for a notice to the registrar of 1709
failure to pay fines or costs and a notice to the registrar of 1710
payment of fines or costs under division (B) of this section. The 1711
registrar may approve the use of other forms for these purposes.1712

       The registrar may require that any of the forms prescribed or 1713
approved pursuant to this section be transmitted to the registrar 1714
electronically. If the registrar requires electronic transmission, 1715
the registrar shall not be required to give effect to any form 1716
that is not transmitted electronically.1717

       Sec. 1907.25.  (A)(1) Notwithstanding any other provision of 1718
the Revised Code, if at the time of sentencing or at any time 1719
after sentencing a county court finds that a person who is found 1720
guilty of an offense is unable to pay costs, the court may order 1721
the offender to perform community service in lieu of costs.1722

       (2) Notwithstanding any other provision of the Revised Code, 1723
if at the time of sentencing or at any time after sentencing a 1724
county court finds that a person who is found guilty of an offense 1725
will not be able to pay costs in full when they are due, the court 1726
may order the offender to pay the costs in installments according 1727
to a schedule set by the court. 1728

        (B) If a person is charged with an offense in county court 1729
and either fails to appear in court at the required time and place 1730
to answer the charge or pleads guilty to or is found guilty of the 1731
offense and fails within the time allowed by the court to pay any 1732
fine or costs imposed by the court, unless the court previously 1733
has given written notice to the person, the court shall send the 1734
person a notice by ordinary mail at the person's last known 1735
address stating that there is a balance due, specifying the amount 1736
of the balance due, and directing the person to contact the court 1737
clerk's office within ten days of the date of the notice. The 1738
notice shall include the sentence: "WARNING: Failure to timely 1739
respond to this notice may result in the blocking of your motor 1740
vehicle registration or transfer of registration!" To avoid a 1741
block on the person's motor vehicle registration or transfer of 1742
registration, the person may enter into a written agreement with 1743
the court to pay the balance due in installments or to perform 1744
community service in lieu of payment. The agreement shall include 1745
the sentence: "WARNING: Failure to comply with the payment 1746
schedule or to complete your community service requirement may 1747
result in the blocking of your motor vehicle registration or 1748
transfer of registration!"1749

       If a person does not enter into an agreement under this 1750
division or if a person fails to comply with an agreement entered 1751
into under this division, the court may enter information relative 1752
to the person's failure to pay any outstanding amount of the fine 1753
or costs on a form prescribed or approved by the registrar of 1754
motor vehicles pursuant to division (C) of this section and send 1755
the form to the registrar. Upon receipt of the form, the registrar 1756
shall take any measures necessary to ensure that neither the 1757
registrar nor any deputy registrar accepts any application for the 1758
registration or transfer of registration of any motor vehicle 1759
owned or leased by the person. However, for a motor vehicle leased 1760
by the person, the registrar shall not implement this requirement 1761
until the registrar adopts procedures for that implementation 1762
under section 4503.39 of the Revised Code.1763

       The period of denial relating to the issuance or transfer of 1764
a certificate of registration for a motor vehicle imposed under 1765
this section remains in effect until the person pays any fine or 1766
costs imposed by the court relative to the offense. When the fine 1767
or costs have been paid in full, the court shall inform the 1768
registrar of the payment by entering information relative to the 1769
payment on a notice of payment form prescribed or approved by the 1770
registrar pursuant to division (C) of this section and sending the 1771
form to the registrar. 1772

       (C) The registrar shall prescribe and make available to 1773
county courts forms to be used for a notice to the registrar of 1774
failure to pay fines or costs and a notice to the registrar of 1775
payment of fines or costs under division (B) of this section. The 1776
registrar may approve the use of other forms for these purposes.1777

       The registrar may require that any of the forms prescribed or 1778
approved pursuant to this section be transmitted to the registrar 1779
electronically. If the registrar requires electronic transmission, 1780
the registrar shall not be required to give effect to any form 1781
that is not transmitted electronically.1782

       Sec. 2151.311.  (A) A person taking a child into custody 1783
shall, with all reasonable speed and in accordance with division 1784
(C) of this section, either:1785

       (1) Release the child to the child's parents, guardian, or 1786
other custodian, unless the child's detention or shelter care 1787
appears to be warranted or required as provided in section 2151.31 1788
of the Revised Code;1789

       (2) Bring the child to the court or deliver the child to a 1790
place of detention or shelter care designated by the court and 1791
promptly give notice thereof, together with a statement of the 1792
reason for taking the child into custody, to a parent, guardian, 1793
or other custodian and to the court.1794

       (B) If a parent, guardian, or other custodian fails, when 1795
requested by the court, to bring the child before the court as 1796
provided by this section, the court may issue its warrant 1797
directing that the child be taken into custody and brought before 1798
the court.1799

       (C)(1) Before taking any action required by division (A) of 1800
this section, a person taking a child into custody may hold the 1801
child for processing purposes in a county, multicounty, or 1802
municipal jail or workhouse, or other place where an adult 1803
convicted of crime, under arrest, or charged with crime is held 1804
for either of the following periods of time:1805

       (a) For a period not to exceed six hours, if all of the 1806
following apply:1807

       (i) The child is alleged to be a delinquent child for the 1808
commission of an act that would be a felony if committed by an 1809
adult;1810

       (ii) The child remains beyond the range of touch of all adult 1811
detainees;1812

       (iii) The child is visually supervised by jail or workhouse 1813
personnel at all times during the detention;1814

       (iv) The child is not handcuffed or otherwise physically 1815
secured to a stationary object during the detention.1816

       (b) For a period not to exceed three hours, if all of the 1817
following apply:1818

       (i) The child is alleged to be a delinquent child for the 1819
commission of an act that would be a misdemeanor if committed by 1820
an adult, is alleged to be a delinquent child for being a chronic 1821
truant or an habitual truant who previously has been adjudicated 1822
an unruly child for being an habitual truant, or is alleged to be 1823
an unruly child or a juvenile traffic offender;1824

       (ii) The child remains beyond the range of touch of all adult 1825
detainees;1826

       (iii) The child is visually supervised by jail or workhouse 1827
personnel at all times during the detention;1828

       (iv) The child is not handcuffed or otherwise physically 1829
secured to a stationary object during the detention.1830

       (2) If a child has been transferred to an adult court for 1831
prosecution for the alleged commission of a criminal offense, 1832
subsequent to the transfer, the child may be held as described in 1833
division (F) of section 2152.26 or division (B) of section 5120.16 1834
of the Revised Code.1835

       (D) If a person who is alleged to be or has been adjudicated 1836
a delinquent child or who is in any other category of persons 1837
identified in this section is confined under authority of this 1838
section in a place specified in division (C) of this section, the 1839
fact of the person's admission to and confinement in that place is 1840
restricted as described in division (G) of section 2152.26 of the 1841
Revised Code.1842

        (E) As used in division (C)(1) of this section, "processing 1843
purposes" means all of the following:1844

       (1) Fingerprinting, photographing, or fingerprinting and 1845
photographing the child in a secure area of the facility;1846

       (2) Interrogating the child, contacting the child's parent or 1847
guardian, arranging for placement of the child, or arranging for 1848
transfer or transferring the child, while holding the child in a 1849
nonsecure area of the facility.1850

       Sec. 2151.356.  (A) The records of a case in which a person 1851
was adjudicated a delinquent child for committing a violation of 1852
section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not 1853
be sealed under this section.1854

       (B)(1) The juvenile court shall promptly order the immediate 1855
sealing of records pertaining to a juvenile in any of the 1856
following circumstances:1857

       (a) If the court receives a record from a public office or 1858
agency under division (B)(2) of this section;1859

       (b) If a person was brought before or referred to the court 1860
for allegedly committing a delinquent or unruly act and the case 1861
was resolved without the filing of a complaint against the person 1862
with respect to that act pursuant to section 2151.27 of the 1863
Revised Code;1864

       (c) If a person was charged with violating division (E)(1) of 1865
section 4301.69 of the Revised Code and the person has 1866
successfully completed a diversion program under division 1867
(E)(2)(a) of section 4301.69 of the Revised Code with respect to 1868
that charge;1869

       (d) If a complaint was filed against a person alleging that 1870
the person was a delinquent child, an unruly child, or a juvenile 1871
traffic offender and the court dismisses the complaint after a 1872
trial on the merits of the case or finds the person not to be a 1873
delinquent child, an unruly child, or a juvenile traffic offender;1874

       (e) Notwithstanding division (C) of this section and subject 1875
to section 2151.358 of the Revised Code, if a person has been 1876
adjudicated an unruly child, that person has attained eighteen 1877
years of age, and the person is not under the jurisdiction of the 1878
court in relation to a complaint alleging the person to be a 1879
delinquent child. 1880

       (2) The appropriate public office or agency shall immediately 1881
deliver all original records at that public office or agency 1882
pertaining to a juvenile to the court, if the person was arrested 1883
or taken into custody for allegedly committing a delinquent or 1884
unruly act, no complaint was filed against the person with respect 1885
to the commission of the act pursuant to section 2151.27 of the 1886
Revised Code, and the person was not brought before or referred to 1887
the court for the commission of the act. The records delivered to 1888
the court as required under this division shall not include 1889
fingerprints, DNA specimens, and DNA records described under 1890
division (A)(3) of section 2151.357 of the Revised Code.1891

       (C)(1) The juvenile court shall consider the sealing of 1892
records pertaining to a juvenile upon the court's own motion or 1893
upon the application of a person if the person has been 1894
adjudicated a delinquent child for committing an act other than a 1895
violation of section 2903.01, 2903.02, or 2907.02 of the Revised 1896
Code, an unruly child, or a juvenile traffic offender and if, at 1897
the time of the motion or application, the person is not under the 1898
jurisdiction of the court in relation to a complaint alleging the 1899
person to be a delinquent child. The court shall not require a fee 1900
for the filing of the application. The motion or application may 1901
be made on or after the time specified in whichever of the 1902
following is applicable:1903

       (a) If the person is under eighteen years of age, at any time 1904
after six months after any of the following events occur:1905

       (a)(i) The termination of any order made by the court in 1906
relation to the adjudication;1907

       (b)(ii) The unconditional discharge of the person from the 1908
department of youth services with respect to a dispositional order 1909
made in relation to the adjudication or from an institution or 1910
facility to which the person was committed pursuant to a 1911
dispositional order made in relation to the adjudication;1912

       (c)(iii) The court enters an order under section 2152.84 or 1913
2152.85 of the Revised Code that contains a determination that the 1914
child is no longer a juvenile offender registrant.1915

       (b) If the person is eighteen years of age or older, at any 1916
time after the later of the following:1917

       (i) The person's attainment of eighteen years of age;1918

       (ii) The occurrence of any event identified in divisions 1919
(C)(1)(a)(i) to (iii) of this section.1920

       (2) In making the determination whether to seal records 1921
pursuant to division (C)(1) of this section, all of the following 1922
apply:1923

       (a) The court may require a person filing an application 1924
under division (C)(1) of this section to submit any relevant 1925
documentation to support the application.1926

       (b) The court may cause an investigation to be made to 1927
determine if the person who is the subject of the proceedings has 1928
been rehabilitated to a satisfactory degree.1929

       (c) The court shall promptly notify the prosecuting attorney 1930
of any proceedings to seal records initiated pursuant to division 1931
(C)(1) of this section.1932

       (d)(i) The prosecuting attorney may file a response with the 1933
court within thirty days of receiving notice of the sealing 1934
proceedings.1935

       (ii) If the prosecuting attorney does not file a response 1936
with the court or if the prosecuting attorney files a response but 1937
indicates that the prosecuting attorney does not object to the 1938
sealing of the records, the court may order the records of the 1939
person that are under consideration to be sealed without 1940
conducting a hearing on the motion or application. If the court 1941
decides in its discretion to conduct a hearing on the motion or 1942
application, the court shall conduct the hearing within thirty 1943
days after making that decision and shall give notice, by regular 1944
mail, of the date, time, and location of the hearing to the 1945
prosecuting attorney and to the person who is the subject of the 1946
records under consideration.1947

       (iii) If the prosecuting attorney files a response with the 1948
court that indicates that the prosecuting attorney objects to the 1949
sealing of the records, the court shall conduct a hearing on the 1950
motion or application within thirty days after the court receives 1951
the response. The court shall give notice, by regular mail, of the 1952
date, time, and location of the hearing to the prosecuting 1953
attorney and to the person who is the subject of the records under 1954
consideration.1955

       (e) After conducting a hearing in accordance with division 1956
(C)(2)(d) of this section or after due consideration when a 1957
hearing is not conducted, except as provided in division (B)(1)(c) 1958
of this section, the court may order the records of the person 1959
that are the subject of the motion or application to be sealed if 1960
it finds that the person has been rehabilitated to a satisfactory 1961
degree. In determining whether the person has been rehabilitated 1962
to a satisfactory degree, the court may consider all of the 1963
following:1964

       (i) The age of the person;1965

       (ii) The nature of the case;1966

       (iii) The cessation or continuation of delinquent, unruly, or 1967
criminal behavior;1968

       (iv) The education and employment history of the person;1969

       (v) The granting of a new tier classification or 1970
declassification from the juvenile offender registry pursuant to 1971
section 2152.85 of the Revised Code, except for public 1972
registry-qualified juvenile offender registrants;1973

       (vi) Any other circumstances that may relate to the 1974
rehabilitation of the person who is the subject of the records 1975
under consideration.1976

       (D)(1)(a) The juvenile court shall provide verbal notice to a 1977
person whose records are sealed under division (B) of this 1978
section, if that person is present in the court at the time the 1979
court issues a sealing order, that explains what sealing a record 1980
means, states that the person may apply to have those records 1981
expunged under section 2151.358 of the Revised Code, and explains 1982
what expunging a record means.1983

       (b) The juvenile court shall provide written notice to a 1984
person whose records are sealed under division (B) of this section 1985
by regular mail to the person's last known address, if that person 1986
is not present in the court at the time the court issues a sealing 1987
order and if the court does not seal the person's record upon the 1988
court's own motion, that explains what sealing a record means, 1989
states that the person may apply to have those records expunged 1990
under section 2151.358 of the Revised Code, and explains what 1991
expunging a record means.1992

       (2) Upon final disposition of a case in which a person has 1993
been adjudicated a delinquent child for committing an act other 1994
than a violation of section 2903.01, 2903.02, or 2907.02 of the 1995
Revised Code, an unruly child, or a juvenile traffic offender, the 1996
juvenile court shall provide written notice to the person that 1997
does all of the following:1998

       (a) States that the person may apply to the court for an 1999
order to seal the record;2000

       (b) Explains what sealing a record means;2001

       (c) States that the person may apply to the court for an 2002
order to expunge the record under section 2151.358 of the Revised 2003
Code;2004

       (d) Explains what expunging a record means.2005

       (3) The department of youth services and any other 2006
institution or facility that unconditionally discharges a person 2007
who has been adjudicated a delinquent child, an unruly child, or a 2008
juvenile traffic offender shall immediately give notice of the 2009
discharge to the court that committed the person. The court shall 2010
note the date of discharge on a separate record of discharges of 2011
those natures.2012

       Sec. 2151.357.  (A) If the court orders the records of a 2013
person sealed pursuant to section 2151.356 of the Revised Code, 2014
the person who is subject of the order properly may, and the court 2015
shall, reply that no record exists with respect to the person upon 2016
any inquiry in the matter, and the court, except as provided in 2017
division (D) of this section, shall do all of the following:2018

       (1) Order that the proceedings in a case described in 2019
divisions (B) and (C) of section 2151.356 of the Revised Code be 2020
deemed never to have occurred;2021

       (2) Except as provided in division (C) of this section, 2022
delete all index references to the case and the person so that the 2023
references are permanently irretrievable;2024

       (3) Order that all original records of the case maintained by 2025
any public office or agency, except fingerprints held by a law 2026
enforcement agency, DNA specimens collected pursuant to section 2027
2152.74 of the Revised Code, and DNA records derived from DNA 2028
specimens pursuant to section 109.573 of the Revised Code, be 2029
delivered to the court;2030

       (4) Order each public office or agency, upon the delivering 2031
of records to the court under division (A)(3) of this section, to 2032
expunge remaining records of the case that are the subject of the 2033
sealing order that are maintained by that public office or agency, 2034
except fingerprints, DNA specimens, and DNA records described 2035
under division (A)(3) of this section;2036

       (5) Send notice of the order to seal to any public office or 2037
agency that the court has reason to believe may have a record of 2038
the sealed record including, but not limited to, the bureau of 2039
criminal identification and investigation;2040

       (6) Seal all of the records delivered to the court under 2041
division (A)(3) of this section, in a separate file in which only 2042
sealed records are maintained.2043

       (B) Except as provided in division (D) of this section, an 2044
order to seal under section 2151.356 of the Revised Code applies 2045
to every public office or agency that has a record relating to the 2046
case, regardless of whether it receives notice of the hearing on 2047
the sealing of the record or a copy of the order. Except as 2048
provided in division (D) of this section, upon the written request 2049
of a person whose record has been sealed and the presentation of a 2050
copy of the order and compliance with division (A)(3) of this 2051
section, a public office or agency shall expunge its record 2052
relating to the case, except a record of the adjudication or 2053
arrest or taking into custody that is maintained for compiling 2054
statistical data and that does not contain any reference to the 2055
person who is the subject of the order.2056

       (C) The court that maintains sealed records pursuant to this 2057
section may maintain a manual or computerized index of the sealed 2058
records and shall make the index available only for the purposes 2059
set forth in division (E) of this section.2060

       (1) Each entry regarding a sealed record in the index of 2061
sealed records shall contain all of the following:2062

       (a) The name of the person who is the subject of the sealed 2063
record;2064

       (b) An alphanumeric identifier relating to the person who is 2065
the subject of the sealed record;2066

       (c) The word "sealed";2067

       (d) The name of the court that has custody of the sealed 2068
record.2069

       (2) Any entry regarding a sealed record in the index of 2070
sealed records shall not contain either of the following:2071

       (a) The social security number of the person who is subject 2072
of the sealed record;2073

       (b) The name or a description of the act committed.2074

       (D) Notwithstanding any provision of this section that 2075
requires otherwise, a board of education of a city, local, 2076
exempted village, or joint vocational school district that 2077
maintains records of an individual who has been permanently 2078
excluded under sections 3301.121 and 3313.662 of the Revised Code 2079
is permitted to maintain records regarding an adjudication that 2080
the individual is a delinquent child that was used as the basis 2081
for the individual's permanent exclusion, regardless of a court 2082
order to seal the record. An order issued under section 2151.356 2083
of the Revised Code to seal the record of an adjudication that an 2084
individual is a delinquent child does not revoke the adjudication 2085
order of the superintendent of public instruction to permanently 2086
exclude the individual who is the subject of the sealing order. An 2087
order to seal the record of an adjudication that an individual is 2088
a delinquent child may be presented to a district superintendent 2089
as evidence to support the contention that the superintendent 2090
should recommend that the permanent exclusion of the individual 2091
who is the subject of the sealing order be revoked. Except as 2092
otherwise authorized by this division and sections 3301.121 and 2093
3313.662 of the Revised Code, any school employee in possession of 2094
or having access to the sealed adjudication records of an 2095
individual that were the basis of a permanent exclusion of the 2096
individual is subject to division (F) of this section.2097

       (E) Inspection of records that have been ordered sealed under 2098
section 2151.356 of the Revised Code may be made only by the 2099
following persons or for the following purposes:2100

       (1) By the court;2101

       (2) If the records in question pertain to an act that would 2102
be an offense of violence that would be a felony if committed by 2103
an adult, by any law enforcement officer or any prosecutor, or the 2104
assistants of a law enforcement officer or prosecutor, for any 2105
valid law enforcement or prosecutorial purpose;2106

       (3) Upon application by the person who is the subject of the 2107
sealed records, by the person that is named in that application;2108

       (4) If the records in question pertain to an alleged 2109
violation of division (E)(1) of section 4301.69 of the Revised 2110
Code, by any law enforcement officer or any prosecutor, or the 2111
assistants of a law enforcement officer or prosecutor, for the 2112
purpose of determining whether the person is eligible for 2113
diversion under division (E)(2) of section 4301.69 of the Revised 2114
Code;2115

       (5) At the request of a party in a civil action that is based 2116
on a case the records for which are the subject of a sealing order 2117
issued under section 2151.356 of the Revised Code, as needed for 2118
the civil action. The party also may copy the records as needed 2119
for the civil action. The sealed records shall be used solely in 2120
the civil action and are otherwise confidential and subject to the 2121
provisions of this section;2122

       (6) By the attorney general or an authorized employee of the 2123
attorney general or the court for purposes of determining whether 2124
a child is a public registry-qualified juvenile offender 2125
registrant, as defined in section 2950.01 of the Revised Code, for 2126
purposes of Chapter 2950. of the Revised Code.2127

       (F) No officer or employee of the state or any of its 2128
political subdivisions shall knowingly release, disseminate, or 2129
make available for any purpose involving employment, bonding, 2130
licensing, or education to any person or to any department, 2131
agency, or other instrumentality of the state or of any of its 2132
political subdivisions any information or other data concerning 2133
any arrest, taking into custody, complaint, indictment, 2134
information, trial, hearing, adjudication, or correctional 2135
supervision, the records of which have been sealed pursuant to 2136
section 2151.356 of the Revised Code and the release, 2137
dissemination, or making available of which is not expressly 2138
permitted by this section. Whoever violates this division is 2139
guilty of divulging confidential information, a misdemeanor of the 2140
fourth degree.2141

       (G) In any application for employment, license, or other 2142
right or privilege, any appearance as a witness, or any other 2143
inquiry, a person may not be questioned with respect to any arrest 2144
or taking into custody for which the records were sealed. If an 2145
inquiry is made in violation of this division, the person may 2146
respond as if the sealed arrest or taking into custody did not 2147
occur, and the person shall not be subject to any adverse action 2148
because of the arrest or taking into custody or the response.2149

       (H) The judgment rendered by the court under this chapter 2150
shall not impose any of the civil disabilities ordinarily imposed 2151
by conviction of a crime in that the child is not a criminal by 2152
reason of the adjudication, and no child shall be charged with or 2153
convicted of a crime in any court except as provided by this 2154
chapter. The disposition of a child under the judgment rendered or 2155
any evidence given in court shall not operate to disqualify a 2156
child in any future civil service examination, appointment, or 2157
application. Evidence of a judgment rendered and the disposition 2158
of a child under the judgment is not admissible to impeach the 2159
credibility of the child in any action or proceeding. Otherwise, 2160
the disposition of a child under the judgment rendered or any 2161
evidence given in court is admissible as evidence for or against 2162
the child in any action or proceeding in any court in accordance 2163
with the Rules of Evidence and also may be considered by any court 2164
as to the matter of sentence or to the granting of probation, and 2165
a court may consider the judgment rendered and the disposition of 2166
a child under that judgment for purposes of determining whether 2167
the child, for a future criminal conviction or guilty plea, is a 2168
repeat violent offender, as defined in section 2929.01 of the 2169
Revised Code.2170

       Sec. 2152.26.  (A) Except as provided in divisions (B) and 2171
(F) of this section, a child alleged to be or adjudicated a 2172
delinquent child or a juvenile traffic offender may be held only 2173
in the following places:2174

       (1) A certified foster home or a home approved by the court;2175

       (2) A facility operated by a certified child welfare agency;2176

       (3) Any other suitable place designated by the court.2177

       (B) In addition to the places listed in division (A) of this 2178
section, a child alleged to be or adjudicated a delinquent child 2179
or a person described in division (C)(7) of section 2152.02 of the 2180
Revised Code may be held in a detention facility for delinquent 2181
children that is under the direction or supervision of the court 2182
or other public authority or of a private agency and approved by 2183
the court, and a child adjudicated a delinquent child may be held 2184
in accordance with division (F)(2) of this section in a facility 2185
of a type specified in that division. Division (B) of this section2186
This division does not apply to a child alleged to be or 2187
adjudicated a delinquent child for chronic truancy, unless the 2188
child violated a lawful court order made pursuant to division 2189
(A)(6) of section 2152.19 of the Revised Code. Division (B) of 2190
this sectionThis division also does not apply to a child alleged 2191
to be or adjudicated a delinquent child for being an habitual 2192
truant who previously has been adjudicated an unruly child for 2193
being an habitual truant, unless the child violated a lawful court 2194
order made pursuant to division (C)(1)(e) of section 2151.354 of 2195
the Revised Code.2196

       (C)(1) Except as provided under division (C)(1) of section 2197
2151.311 of the Revised Code or division (A)(5) of section 2152.21 2198
of the Revised Code, a child alleged to be or adjudicated a 2199
juvenile traffic offender may not be held in any of the following 2200
facilities:2201

       (a) A state correctional institution, county, multicounty, or 2202
municipal jail or workhouse, or other place in which an adult 2203
convicted of crime, under arrest, or charged with a crime is held.2204

       (b) A secure correctional facility.2205

       (2) Except as provided under this section, sections 2151.56 2206
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the 2207
Revised Code, a child alleged to be or adjudicated a juvenile 2208
traffic offender may not be held for more than twenty-four hours 2209
in a detention facility.2210

       (D) Except as provided in division (F) of this section or in 2211
division (C) of section 2151.311, in division (C)(2) of section 2212
5139.06 and section 5120.162, or in division (B) of section 2213
5120.16 of the Revised Code, a child who is alleged to be or is 2214
adjudicated a delinquent child or a person described in division 2215
(C)(7) of section 2152.02 of the Revised Code may not be held in a 2216
state correctional institution, county, multicounty, or municipal 2217
jail or workhouse, or other place where an adult convicted of 2218
crime, under arrest, or charged with crime is held.2219

       (E) Unless the detention is pursuant to division (F) of this 2220
section or division (C) of section 2151.311, division (C)(2) of 2221
section 5139.06 and section 5120.162, or division (B) of section 2222
5120.16 of the Revised Code, the official in charge of the 2223
institution, jail, workhouse, or other facility shall inform the 2224
court immediately when a person who is or appears to be under the 2225
age of eighteen years, or a person who is charged with a violation 2226
of an order of a juvenile court or a violation of probation or 2227
parole conditions imposed by a juvenile court and who is or 2228
appears to be between the ages of eighteen and twenty-one years, 2229
is received at the facility and shall deliver the person to the 2230
court upon request or transfer the person to a detention facility 2231
designated by the court.2232

       (F)(1) If a case is transferred to another court for criminal 2233
prosecution pursuant to section 2152.12 of the Revised Code and 2234
the alleged offender is a person described in division (C)(7) of 2235
section 2152.02 of the Revised Code, the person may not be 2236
transferred for detention pending the criminal prosecution in a 2237
jail or other facility except under the circumstances described in 2238
division (F)(4) of this section. Any child held in accordance with 2239
division (F)(3) of this section shall be confined in a manner that 2240
keeps the child beyond the sight and sound of all adult detainees. 2241
The child shall be supervised at all times during the detention.2242

       (2) If a person is adjudicated a delinquent child or juvenile 2243
traffic offender or is a person described in division (C)(7) of 2244
section 2152.02 of the Revised Code and the court makes a 2245
disposition of the person under this chapter, at any time after 2246
the person attains twenty-one years of age, the person may be held 2247
under that disposition or under the circumstances described in 2248
division (F)(4) of this section in places other than those 2249
specified in division (A) of this section, including, but not 2250
limited to, a county, multicounty, or municipal jail or workhouse, 2251
or other place where an adult convicted of crime, under arrest, or 2252
charged with crime is held.2253

       (3)(a) A person alleged to be a delinquent child may be held 2254
in places other than those specified in division (A) of this 2255
section, including, but not limited to, a county, multicounty, or 2256
municipal jail, if the delinquent act that the child allegedly 2257
committed would be a felony if committed by an adult, and if 2258
either of the following applies:2259

       (i) The person attains twenty-one years of age before the 2260
person is arrested or apprehended for that act.2261

       (ii) The person is arrested or apprehended for that act 2262
before the person attains twenty-one years of age, but the person 2263
attains twenty-one years of age before the court orders a 2264
disposition in the case.2265

       (b) If, pursuant to division (F)(3)(a) of this section, a 2266
person is held in a place other than a place specified in division 2267
(A) of this section, the person has the same rights to bail as an 2268
adult charged with the same offense who is confined in a jail 2269
pending trial.2270

       (4)(a) Any person whose case is transferred for criminal 2271
prosecution pursuant to section 2151.102152.10 or 2152.12 of the 2272
Revised Code or any person who has attained the age of eighteen 2273
years but has not attained the age of twenty-one years and who is 2274
being held in a place specified in division (B) of this section 2275
may be held under that disposition or charge in places other than 2276
those specified in division (B) of this section, including a 2277
county, multicounty, or municipal jail or workhouse, or other 2278
place where an adult under arrest or charged with crime is held if 2279
the juvenile court, upon its own motion or upon motion by the 2280
prosecutor and after notice and hearing, establishes by a 2281
preponderance of the evidence and makes written findings of either 2282
of the following:2283

        (i) With respect to a person whose case is transferred for 2284
criminal prosecution pursuant to either specified section or who 2285
has attained the age of eighteen years but who has not attained 2286
the age of twenty-one years and is being so held, that the youth 2287
is a threat to the safety and security of the facility. Evidence 2288
that the;2289

        (ii) With respect to a person who has attained the age of 2290
eighteen years but who has not attained the age of twenty-one 2291
years and is being so held, that the best interests of the youth 2292
require that the youth be held in a place other than a place 2293
specified in division (B) of this section, including a county, 2294
multicounty, or municipal jail or workhouse, or other place where 2295
an adult under arrest or charged with crime is held.2296

        (b) In determining for purposes of division (F)(4)(a)(i) of 2297
this section whether a youth is a threat to the safety and 2298
security of the facility, evidence that the youth is a threat to 2299
the safety and security of the facility may include, but is not 2300
limited to, whether the youth has done any of the following:2301

       (i) Injured or created an imminent danger to the life or 2302
health of another youth or staff member in the facility or program 2303
by violent behavior;2304

       (ii) Escaped from the facility or program in which the youth 2305
is being held on more than one occasion;2306

       (iii) Established a pattern of disruptive behavior as 2307
verified by a written record that the youth's behavior is not 2308
conducive to the established policies and procedures of the 2309
facility or program in which the youth is being held. 2310

       (b)(c) If thea prosecutor submits a motion requesting that 2311
thea person be held in a place other than those specified in 2312
division (B) of this section or if the court submits its own 2313
motion, the juvenile court shall hold a hearing within five days 2314
of the filing of the motion, and, in determining whether a place 2315
other than those specified in division (B) of this section is the 2316
appropriate place of confinement for the person, the court shall 2317
consider the following factors:2318

       (i) The age of the person;2319

       (ii) Whether the person would be deprived of contact with 2320
other people for a significant portion of the day or would not 2321
have access to recreational facilities or age-appropriate 2322
educational opportunities in order to provide physical separation 2323
from adults;2324

       (iii) The person's current emotional state, intelligence, and 2325
developmental maturity, including any emotional and psychological 2326
trauma, and the risk to the person in an adult facility, which may 2327
be evidenced by mental health or psychological assessments or 2328
screenings made available to the prosecuting attorney and the 2329
defense counsel;2330

       (iv) Whether detention in a juvenile facility would 2331
adequately serve the need for community protection pending the 2332
outcome of the criminal proceeding;2333

       (v) The relative ability of the available adult and juvenile 2334
detention facilities to meet the needs of the person, including 2335
the person's need for age-appropriate mental health and 2336
educational services delivered by individuals specifically trained 2337
to deal with youth;2338

       (vi) Whether the person presents an imminent risk of 2339
self-inflicted harm or an imminent risk of harm to others within a 2340
juvenile facility;2341

       (vii) Any other factors the juvenile court considers to be 2342
relevant.2343

       (c)(d) If the juvenile court determines that a place other 2344
than those specified in division (B) of this section is the 2345
appropriate place for confinement of a person pursuant to division 2346
(F)(4)(a) of this section, the person may petition the juvenile 2347
court for a review hearing thirty days after the initial 2348
confinement decision, thirty days after any subsequent review 2349
hearing, or at any time after the initial confinement decision 2350
upon an emergency petition by the youth due to the youth facing an 2351
imminent danger from others or the youth's self. Upon receipt of 2352
the petition, the juvenile court has discretion over whether to 2353
conduct the review hearing and may set the matter for a review 2354
hearing if the youth has alleged facts or circumstances that, if 2355
true, would warrant reconsideration of the youth's placement in a 2356
place other than those specified in division (B) of this section 2357
based on the factors listed in division (F)(4)(b)(c) of this 2358
section.2359

       (d)(e) Upon the admission of a person described in division 2360
(F)(4)(a) of this section to a place other than those specified in 2361
division (B) of this section, the facility shall advise the person 2362
of the person's right to request a review hearing as described in 2363
division (F)(4)(d) of this section.2364

       (e)(f) Any person transferred under division (F)(4)(a) of 2365
this section to a place other than those specified in division (B) 2366
of this section shall be confined in a manner that keeps the2367
personthose under eighteen years of age beyond sight and sound of 2368
all adult detainees. The personThose under eighteen years of age2369
shall be supervised at all times during the detention.2370

       (G)(1) If a person who is alleged to be or has been 2371
adjudicated a delinquent child or who is in any other category of 2372
persons identified in this section or section 2151.311 of the 2373
Revised Code is confined under authority of any Revised Code 2374
section in a place other than a place specified in division (B) of 2375
this section, including a county, multicounty, or municipal jail 2376
or workhouse, or other place where an adult under arrest or 2377
charged with crime is held, subject to division (G)(2) of this 2378
section, all identifying information, other than the person's 2379
county of residence, age, gender, and race and the charges against 2380
the person, that relates to the person's admission to and 2381
confinement in that place is not a public record open for 2382
inspection or copying under section 149.43 of the Revised Code and 2383
is confidential and shall not be released to any person other than 2384
to a court, to a law enforcement agency for law enforcement 2385
purposes, or to a person specified by court order.2386

       (2) Division (G)(1) of this section does not apply with 2387
respect to a person whose case is transferred for criminal 2388
prosecution pursuant to section 2152.10 or 2152.12 of the Revised 2389
Code, who is convicted of or pleads guilty to an offense in that 2390
case, who is confined after that conviction or guilty plea in a 2391
place other than a place specified in division (B) of this 2392
section, and to whom one of the following applies:2393

        (a) The case was transferred other than pursuant to division 2394
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2395
Code.2396

        (b) The case was transferred pursuant to division 2397
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2398
Code, and the person is sentenced for the offense pursuant to 2399
division (B)(4) of section 2152.121 of the Revised Code.2400

        (c) The case was transferred pursuant to division 2401
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2402
Code, the person is sentenced for the offense pursuant to division 2403
(B)(3) of section 2152.121 of the Revised Code by the court in 2404
which the person was convicted of or pleaded guilty to the 2405
offense, and the sentence imposed by that court is invoked 2406
pursuant to division (B)(3)(b) of section 2152.121 of the Revised 2407
Code.2408

       Sec. 2907.27.  (A)(1) If a person is charged with a violation 2409
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or 2410
2907.25 of the Revised Code or with a violation of a municipal 2411
ordinance that is substantially equivalent to any of those 2412
sections, the arresting authorities or a court, upon the request 2413
of the prosecutor in the case or upon the request of the victim, 2414
shall cause the accused to submit to one or more appropriate tests 2415
to determine if the accused is suffering from a venereal disease. 2416
The court, upon the request of the prosecutor in the case or upon 2417
the request of the victim shall cause the accused to submit to one 2418
or more appropriate tests to determine if the accused is suffering 2419
from the human immunodeficiency virus (HIV) within forty-eight 2420
hours after the date on which the complaint, information, or 2421
indictment is filed or within forty-eight hours after the date on 2422
which the complaint, information, or indictment is served on the 2423
accused, whichever date is later. Nothing in this section shall be 2424
construed to prevent the court from ordering at any time during 2425
which the complaint, information, or indictment is pending, that 2426
the accused submit to one or more appropriate tests to determine 2427
if the accused is suffering from a venereal disease or from the 2428
human immunodeficiency virus (HIV).2429

       (2) If the accused is found to be suffering from a venereal 2430
disease in an infectious stage, the accused shall be required to 2431
submit to medical treatment for that disease. The cost of the 2432
medical treatment shall be charged to and paid by the accused who 2433
undergoes the treatment. If the accused is indigent, the court 2434
shall order the accused to report to a facility operated by a city 2435
health district or a general health district for treatment. If the 2436
accused is convicted of or pleads guilty to the offense with which 2437
the accused is charged and is placed under a community control 2438
sanction, a condition of community control shall be that the 2439
offender submit to and faithfully follow a course of medical 2440
treatment for the venereal disease. If the offender does not seek 2441
the required medical treatment, the court may revoke the 2442
offender's community control and order the offender to undergo 2443
medical treatment during the period of the offender's 2444
incarceration and to pay the cost of that treatment.2445

       (B)(1)(a) If a person is charged with a violation of division 2446
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2447
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised 2448
Code or, with a violation of a municipal ordinance that is 2449
substantially equivalent to that division or any of those 2450
sections, or with a violation of a statute or municipal ordinance 2451
in which by force or threat of force the accused compelled the 2452
victim to engage in sexual activity, the court, upon the request 2453
of the prosecutor in the case, upon the request of the victim, or 2454
upon the request of any other person whom the court reasonably 2455
believes had contact with the accused in circumstances related to 2456
the violation that could have resulted in the transmission to that 2457
person of the human immunodeficiency virus, shall cause the 2458
accused to submit to one or more tests designated by the director 2459
of health under section 3701.241 of the Revised Code to determine 2460
if the accused is infected with HIV. The court shall cause the 2461
accused to submit to the test or tests within forty-eight hours 2462
after the indictment, information, or complaint is presented. The 2463
court shall order follow-up tests for HIV as may be medically 2464
appropriate.2465

       (b) The court, upon the request of the prosecutor in the 2466
case, upon the request of the victim with the agreement of the 2467
prosecutor, or upon the request of any other person with the 2468
agreement of the prosecutor, may cause an accused who is charged 2469
with a violation of any otherdivision or section of the Revised 2470
Code or with a violation of any other municipal ordinance not 2471
described in division (B)(1)(a) of this section to submit to one 2472
or more tests so designated by the director of health if the 2473
circumstances of the violation indicate probable cause to believe 2474
that the accused, if the accused is infected with HIV, might have 2475
transmitted HIV to any of the following persons in committing the 2476
violation:2477

       (i) In relation to a request made by the prosecuting 2478
attorney, to the victim or to any other person;2479

       (ii) In relation to a request made by the victim, to the 2480
victim making the request;2481

       (iii) In relation to a request made by any other person, to 2482
the person making the request.2483

       (b)(c) The results of a test conducted under division 2484
(B)(1)(a) of this section shall be provided as soon as practicable 2485
to the victim, or the parent or guardian of the victim, and the 2486
accused. The results of any follow-up test conducted under that 2487
division also shall be provided as soon as practicable to the 2488
victim, or the parent or guardian of the victim, and the accused.2489
The results of a test performed under division (B)(1)(a)(b) of 2490
this section shall be communicated in confidence to the court, 2491
and the court shall inform the accused of the result. The, and the2492
court shall inform the victim that the test was performed and that 2493
the victim has a right to receive the results on request. If2494
Additionally, for a test under either division (B)(1)(a) or (b) of 2495
this section, all of the following apply:2496

       (i) If the test was performed upon the request of a person 2497
other than the prosecutor in the case and other than the victim, 2498
the court shall inform the person who made the request that the 2499
test was performed and that the person has a right to receive the 2500
results upon request. Additionally, regardless2501

       (ii) Regardless of who made the request that was the basis of 2502
the test being performed, if the court reasonably believes that, 2503
in circumstances related to the violation, a person other than the 2504
victim had contact with the accused that could have resulted in 2505
the transmission of HIV to that person, the court may inform that 2506
person that the test was performed and that the person has a right 2507
to receive the results of the test on request. If2508

       (iii) If the accused tests positive for HIV, the test results 2509
shall be reported to the department of health in accordance with 2510
section 3701.24 of the Revised Code and to the sheriff, head of 2511
the state correctional institution, or other person in charge of 2512
any jail or prison in which the accused is incarcerated. If2513

       (iv) If the accused tests positive for HIV and the accused 2514
was charged with, and was convicted of or pleaded guilty to, a 2515
violation of section 2907.24, 2907.241, or 2907.25 of the Revised 2516
Code or a violation of a municipal ordinance that is substantially 2517
equivalent to any of those sections, the test results also shall 2518
be reported to the law enforcement agency that arrested the 2519
accused, and the law enforcement agency may use the test results 2520
as the basis for any future charge of a violation of division (B) 2521
of any of those sections or a violation of a municipal ordinance 2522
that is substantially equivalent to division (B) of any of those 2523
sections. No other2524

       (v) Except as otherwise provided in the first paragraph in 2525
division (B)(1)(c) of this section or in division (B)(1)(c)(i), 2526
(ii), (iii), or (iv) of this section, no disclosure of the test 2527
results or the fact that a test was performed shall be made, other 2528
than as evidence in a grand jury proceeding or as evidence in a 2529
judicial proceeding in accordance with the Rules of Evidence. If2530

       (vi) If the test result is negative, and the charge has not 2531
been dismissed or if the accused has been convicted of the charge 2532
or a different offense arising out of the same circumstances as 2533
the offense charged, the court shall order that the test be 2534
repeated not earlier than three months nor later than six months 2535
after the original test.2536

       (2) If an accused who is free on bond refuses to submit to a 2537
test ordered by the court pursuant to division (B)(1) of this 2538
section, the court may order that the accused's bond be revoked 2539
and that the accused be incarcerated until the test is performed. 2540
If an accused who is incarcerated refuses to submit to a test 2541
ordered by the court pursuant to division (B)(1) of this section, 2542
the court shall order the person in charge of the jail or prison 2543
in which the accused is incarcerated to take any action necessary 2544
to facilitate the performance of the test, including the forcible 2545
restraint of the accused for the purpose of drawing blood to be 2546
used in the test.2547

       (3) A state agency, a political subdivision of the state, or 2548
an employee of a state agency or of a political subdivision of the 2549
state is immune from liability in a civil action to recover 2550
damages for injury, death, or loss to person or property allegedly 2551
caused by any act or omission in connection with the performance 2552
of the duties required under division (B)(2) of this section 2553
unless the acts or omissions are with malicious purpose, in bad 2554
faith, or in a wanton or reckless manner.2555

       (C) Nothing in this section shall be construed to prevent a 2556
court in which a person is charged with any offense specified in 2557
division (A)(1) or (B)(1)(a) of this section from ordering at any 2558
time during which the complaint, information, or indictment is 2559
pending, that the accused submit to one or more appropriate tests 2560
to determine if the accused is suffering from a venereal disease 2561
or from HIV.2562

       (D) As used in this section:2563

       (1) "Community control sanction" has the same meaning as in 2564
section 2929.01 of the Revised Code.2565

       (2) "HIV" means the human immunodeficiency virus.2566

       Sec. 2907.28.  (A) Any cost incurred by a hospital or 2567
emergency medical facility in conducting a medical examination of 2568
a victim of an offense under any provision of sections 2907.02 to 2569
2907.06 of the Revised Code for the purpose of gathering physical 2570
evidence for a possible prosecution, including the cost of any 2571
antibiotics administered as part of the examination, shall be paid 2572
out of the reparations fund established pursuant to section 2573
2743.191 of the Revised Code, subject to the following conditions:2574

       (1) The hospital or emergency facility shall follow a 2575
protocol for conducting such medical examinations that is 2576
identified by the attorney general in rule adopted in accordance 2577
with Chapter 119. of the Revised Code.2578

       (2) The hospital or emergency facility shall submit requests 2579
for payment to the attorney general on a monthly basis, through a 2580
procedure determined by the attorney general and on forms approved 2581
by the attorney general. The requests shall identify the number of 2582
sexual assault examinations performed and shall verify that all 2583
required protocols were met for each examination form submitted 2584
for payment in the request.2585

       (3) The attorney general shall review all requests for 2586
payment that are submitted under division (A)(2) of this section 2587
and shall submit for payment as described in division (A)(5) of 2588
this section all requests that meet the requirements of this 2589
section. 2590

       (4) The hospital or emergency facility shall accept a flat 2591
fee payment for conducting each examination in the amount 2592
determined by the attorney general pursuant to Chapter 119. of the 2593
Revised Code as payment in full for any cost incurred in 2594
conducting a medical examination and test of a victim of an 2595
offense under any provision of sections 2907.02 to 2907.06 of the 2596
Revised Code for the purpose of gathering physical evidence for a 2597
possible prosecution of a person. The attorney general shall 2598
determine a flat fee payment amount to be paid under this division 2599
that is reasonable.2600

       (5) In approving a payment under this section, the attorney 2601
general shall order the payment against the state. The payment 2602
shall be accomplished only through the following procedure, and 2603
the procedure may be enforced through a mandamus action and a writ 2604
of mandamus directed to the appropriate official:2605

       (a) The attorney general shall provide for payment in the 2606
amount set forth in the order.2607

       (b) The expense of the payment of the amount described in 2608
this section shall be charged against all available unencumbered 2609
moneys in the reparations fund.2610

       (B) No costs incurred by a hospital or emergency facility in 2611
conducting a medical examination and test of any victim of an 2612
offense under any provision of sections 2907.02 to 2907.06 of the 2613
Revised Code for the purpose of gathering physical evidence for a 2614
possible prosecution of a person shall be billed or charged 2615
directly or indirectly to the victim or the victim's insurer.2616

       (C) Any cost incurred by a hospital or emergency medical 2617
facility in conducting a medical examination and test of any 2618
person who is charged with a violation of division (B) of section 2619
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12,2620
2907.24, 2907.241, or 2907.25 of the Revised Code or, with a 2621
violation of a municipal ordinance that is substantially 2622
equivalent to that division or any of those sections, or with a 2623
violation of a statute or municipal ordinance under which by force 2624
or threat of force the accused compelled the victim to engage in 2625
sexual activity, pursuant to division (B) of section 2907.27 of 2626
the Revised Code, shall be charged to and paid by the accused who 2627
undergoes the examination and test, unless the court determines 2628
that the accused is unable to pay, in which case the cost shall be 2629
charged to and paid by the municipal corporation in which the 2630
offense allegedly was committed, or charged to and paid by the 2631
county if the offense allegedly was committed within an 2632
unincorporated area. If separate counts of an alleged offense or 2633
alleged separate offenses under division (B) of section 2903.11 or2634
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2635
2907.241, or 2907.25 of the Revised Code or, under a municipal 2636
ordinance that is substantially equivalent to that division or any 2637
of those sections, or under a statute or municipal ordinance in 2638
violation of which by force or threat of force the accused 2639
compelled the victim to engage in sexual activity took place in 2640
more than one municipal corporation or more than one 2641
unincorporated area, or both, the local governments shall share 2642
the cost of the examination and test. If a hospital or other 2643
emergency medical facility has submitted charges for the cost of a 2644
medical examination and test to an accused and has been unable to 2645
collect payment for the charges after making good faith attempts 2646
to collect for a period of six months or more, the cost shall be 2647
charged to and paid by the appropriate municipal corporation or 2648
county as specified in division (C) of this section.2649

       Sec. 2929.12.  (A) Unless otherwise required by section 2650
2929.13 or 2929.14 of the Revised Code, a court that imposes a 2651
sentence under this chapter upon an offender for a felony has 2652
discretion to determine the most effective way to comply with the 2653
purposes and principles of sentencing set forth in section 2929.11 2654
of the Revised Code. In exercising that discretion, the court 2655
shall consider the factors set forth in divisions (B) and (C) of 2656
this section relating to the seriousness of the conduct, the 2657
factors provided in divisions (D) and (E) of this section relating 2658
to the likelihood of the offender's recidivism, and the factors 2659
set forth in division (F) of this section pertaining to the 2660
offender's service in the armed forces of the United States and, 2661
in addition, may consider any other factors that are relevant to 2662
achieving those purposes and principles of sentencing.2663

       (B) The sentencing court shall consider all of the following 2664
that apply regarding the offender, the offense, or the victim, and 2665
any other relevant factors, as indicating that the offender's 2666
conduct is more serious than conduct normally constituting the 2667
offense:2668

       (1) The physical or mental injury suffered by the victim of 2669
the offense due to the conduct of the offender was exacerbated 2670
because of the physical or mental condition or age of the victim.2671

       (2) The victim of the offense suffered serious physical, 2672
psychological, or economic harm as a result of the offense.2673

       (3) The offender held a public office or position of trust in 2674
the community, and the offense related to that office or position.2675

       (4) The offender's occupation, elected office, or profession 2676
obliged the offender to prevent the offense or bring others 2677
committing it to justice.2678

       (5) The offender's professional reputation or occupation, 2679
elected office, or profession was used to facilitate the offense 2680
or is likely to influence the future conduct of others.2681

       (6) The offender's relationship with the victim facilitated 2682
the offense.2683

       (7) The offender committed the offense for hire or as a part 2684
of an organized criminal activity.2685

       (8) In committing the offense, the offender was motivated by 2686
prejudice based on race, ethnic background, gender, sexual 2687
orientation, or religion.2688

       (9) If the offense is a violation of section 2919.25 or a 2689
violation of section 2903.11, 2903.12, or 2903.13 of the Revised 2690
Code involving a person who was a family or household member at 2691
the time of the violation, the offender committed the offense in 2692
the vicinity of one or more children who are not victims of the 2693
offense, and the offender or the victim of the offense is a 2694
parent, guardian, custodian, or person in loco parentis of one or 2695
more of those children.2696

       (C) The sentencing court shall consider all of the following 2697
that apply regarding the offender, the offense, or the victim, and 2698
any other relevant factors, as indicating that the offender's 2699
conduct is less serious than conduct normally constituting the 2700
offense:2701

       (1) The victim induced or facilitated the offense.2702

       (2) In committing the offense, the offender acted under 2703
strong provocation.2704

       (3) In committing the offense, the offender did not cause or 2705
expect to cause physical harm to any person or property.2706

       (4) There are substantial grounds to mitigate the offender's 2707
conduct, although the grounds are not enough to constitute a 2708
defense.2709

       (D) The sentencing court shall consider all of the following 2710
that apply regarding the offender, and any other relevant factors, 2711
as factors indicating that the offender is likely to commit future 2712
crimes:2713

       (1) At the time of committing the offense, the offender was 2714
under release from confinement before trial or sentencing,; was2715
under a sanction imposed pursuant to section 2929.16, 2929.17, or 2716
2929.18 of the Revised Code, or; was under post-release control 2717
pursuant to section 2967.28 or any other provision of the Revised 2718
Code for an earlier offense or had been unfavorably terminated 2719
from post-release control for a prior offense pursuant to division 2720
(B) of section 2967.16 or section 2929.141 of the Revised Code; 2721
was under transitional control in connection with a prior offense; 2722
or had absconded from the offender's approved community placement 2723
resulting in the offender's removal from the transitional control 2724
program under section 2967.26 of the Revised Code.2725

       (2) The offender previously was adjudicated a delinquent 2726
child pursuant to Chapter 2151. of the Revised Code prior to 2727
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, 2728
or the offender has a history of criminal convictions.2729

       (3) The offender has not been rehabilitated to a satisfactory 2730
degree after previously being adjudicated a delinquent child 2731
pursuant to Chapter 2151. of the Revised Code prior to January 1, 2732
2002, or pursuant to Chapter 2152. of the Revised Code, or the 2733
offender has not responded favorably to sanctions previously 2734
imposed for criminal convictions.2735

       (4) The offender has demonstrated a pattern of drug or 2736
alcohol abuse that is related to the offense, and the offender 2737
refuses to acknowledge that the offender has demonstrated that 2738
pattern, or the offender refuses treatment for the drug or alcohol 2739
abuse.2740

       (5) The offender shows no genuine remorse for the offense.2741

       (E) The sentencing court shall consider all of the following 2742
that apply regarding the offender, and any other relevant factors, 2743
as factors indicating that the offender is not likely to commit 2744
future crimes:2745

       (1) Prior to committing the offense, the offender had not 2746
been adjudicated a delinquent child.2747

       (2) Prior to committing the offense, the offender had not 2748
been convicted of or pleaded guilty to a criminal offense.2749

       (3) Prior to committing the offense, the offender had led a 2750
law-abiding life for a significant number of years.2751

       (4) The offense was committed under circumstances not likely 2752
to recur.2753

       (5) The offender shows genuine remorse for the offense.2754

       (F) The sentencing court shall consider the offender's 2755
military service record and whether the offender has an emotional, 2756
mental, or physical condition that is traceable to the offender's 2757
service in the armed forces of the United States and that was a 2758
contributing factor in the offender's commission of the offense or 2759
offenses.2760

       Sec. 2929.141. (A) Upon the conviction of or plea of guilty 2761
to a felony by a person on post-release control at the time of the 2762
commission of the felony, the court may terminate the term of 2763
post-release control, and the court may do either of the following 2764
regardless of whether the sentencing court or another court of 2765
this state imposed the original prison term for which the person 2766
is on post-release control:2767

       (1) In addition to any prison term for the new felony, impose 2768
a prison term for the post-release control violation. The maximum 2769
prison term for the violation shall be the greater of twelve 2770
months or the period of post-release control for the earlier 2771
felony minus any time the person has spent under post-release 2772
control for the earlier felony. In all cases, any prison term 2773
imposed for the violation shall be reduced by any prison term that 2774
is administratively imposed by the parole board as a post-release 2775
control sanction. A prison term imposed for the violation shall be 2776
served consecutively to any prison term imposed for the new 2777
felony. The imposition of a prison term for the post-release 2778
control violation shall terminate the period of post-release 2779
control for the earlier felony.2780

       (2) Impose a sanction under sections 2929.15 to 2929.18 of 2781
the Revised Code for the violation that shall be served 2782
concurrently or consecutively, as specified by the court, with any 2783
community control sanctions for the new felony.2784

       (B) Upon the conviction of or plea of guilty to a felony by a 2785
person on transitional control under section 2967.26 of the 2786
Revised Code at the time of the commission of the felony, the 2787
court may, in addition to any prison term for the new felony, 2788
impose a prison term not exceeding twelve months for having 2789
committed the felony while on transitional control. An additional 2790
prison term imposed pursuant to this section shall be served 2791
consecutively to any prison term imposed for the new felony. The 2792
sentencing court may impose the additional prison term authorized 2793
by this section regardless of whether the sentencing court or 2794
another court of this state imposed the original prison term for 2795
which the person is on transitional control.2796

       Sec. 2929.20.  (A) As used in this section:2797

       (1)(a) Except as provided in division (A)(1)(b) of this 2798
section, "eligible offender" means any person who, on or after 2799
April 7, 2009, is serving a stated prison term that includes one 2800
or more nonmandatory prison terms.2801

       (b) "Eligible offender" does not include any person who, on 2802
or after April 7, 2009, is serving a stated prison term for any of 2803
the following criminal offenses that was a felony and was 2804
committed while the person held a public office in this state:2805

       (i) A violation of section 2921.02, 2921.03, 2921.05, 2806
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised 2807
Code;2808

       (ii) A violation of section 2913.42, 2921.04, 2921.11, or 2809
2921.12 of the Revised Code, when the conduct constituting the 2810
violation was related to the duties of the offender's public 2811
office or to the offender's actions as a public official holding 2812
that public office;2813

       (iii) A violation of an existing or former municipal 2814
ordinance or law of this or any other state or the United States 2815
that is substantially equivalent to any violation listed in 2816
division (A)(1)(b)(i) of this section;2817

       (iv) A violation of an existing or former municipal ordinance 2818
or law of this or any other state or the United States that is 2819
substantially equivalent to any violation listed in division 2820
(A)(1)(b)(ii) of this section, when the conduct constituting the 2821
violation was related to the duties of the offender's public 2822
office or to the offender's actions as a public official holding 2823
that public office;2824

       (v) A conspiracy to commit, attempt to commit, or complicity 2825
in committing any offense listed in division (A)(1)(b)(i) or 2826
described in division (A)(1)(b)(iii) of this section;2827

       (vi) A conspiracy to commit, attempt to commit, or complicity 2828
in committing any offense listed in division (A)(1)(b)(ii) or 2829
described in division (A)(1)(b)(iv) of this section, if the 2830
conduct constituting the offense that was the subject of the 2831
conspiracy, that would have constituted the offense attempted, or 2832
constituting the offense in which the offender was complicit was 2833
or would have been related to the duties of the offender's public 2834
office or to the offender's actions as a public official holding 2835
that public office.2836

       (2) "Nonmandatory prison term" means a prison term that is 2837
not a mandatory prison term.2838

       (3) "Public office" means any elected federal, state, or 2839
local government office in this state.2840

       (4) "Victim's representative" has the same meaning as in 2841
section 2930.01 of the Revised Code.2842

       (B) On the motion of an eligible offender or upon its own 2843
motion, the sentencing court may reduce the eligible offender's 2844
aggregated nonmandatory prison term or terms through a judicial 2845
release under this section.2846

       (C) An eligible offender may file a motion for judicial 2847
release with the sentencing court within the following applicable 2848
periods:2849

       (1) If the aggregated nonmandatory prison term or terms is 2850
less than two years, the eligible offender may file the motion not 2851
earlier than thirty days after the offender is delivered to a 2852
state correctional institution or, if the prison term includes a 2853
mandatory prison term or terms, not earlier than thirty days after 2854
the expiration of all mandatory prison terms.2855

       (2) If the aggregated nonmandatory prison term or terms is at 2856
least two years but less than five years, the eligible offender 2857
may file the motion not earlier than one hundred eighty days after 2858
the offender is delivered to a state correctional institution or, 2859
if the prison term includes a mandatory prison term or terms, not 2860
earlier than one hundred eighty days after the expiration of all 2861
mandatory prison terms.2862

       (3) If the aggregated nonmandatory prison term or terms is 2863
five years, the eligible offender may file the motion not earlier 2864
than four years after the eligible offender is delivered to a 2865
state correctional institution or, if the prison term includes a 2866
mandatory prison term or terms, not earlier than four years after 2867
the expiration of all mandatory prison terms.2868

       (4) If the aggregated nonmandatory prison term or terms is 2869
more than five years but not more than ten years, the eligible 2870
offender may file the motion not earlier than five years after the 2871
eligible offender is delivered to a state correctional institution 2872
or, if the prison term includes a mandatory prison term or terms, 2873
not earlier than five years after the expiration of all mandatory 2874
prison terms.2875

       (5) If the aggregated nonmandatory prison term or terms is 2876
more than ten years, the eligible offender may file the motion not 2877
earlier than the later of the date on which the offender has 2878
served one-half of the offender's stated prison term or the date 2879
specified in division (C)(4) of this section.2880

       (D) Upon receipt of a timely motion for judicial release 2881
filed by an eligible offender under division (C) of this section 2882
or upon the sentencing court's own motion made within the 2883
appropriate time specified in that division, the court may deny 2884
the motion without a hearing or schedule a hearing on the motion. 2885
The court shall not grant the motion without a hearing. If a court 2886
denies a motion without a hearing, the court later may consider 2887
judicial release for that eligible offender on a subsequent motion 2888
filed by that eligible offender unless the court denies the motion 2889
with prejudice. If a court denies a motion with prejudice, the 2890
court may later consider judicial release on its own motion. If a 2891
court denies a motion after a hearing, the court shall not 2892
consider a subsequent motion for that eligible offender. The court 2893
shall hold only one hearing for any eligible offender.2894

       A hearing under this section shall be conducted in open court 2895
not less than thirty or more than sixty days after the motion is 2896
filed, provided that the court may delay the hearing for one 2897
hundred eighty additional days. If the court holds a hearing, the 2898
court shall enter a ruling on the motion within ten days after the 2899
hearing. If the court denies the motion without a hearing, the 2900
court shall enter its ruling on the motion within sixty days after 2901
the motion is filed.2902

       (E) If a court schedules a hearing under division (D) of this 2903
section, the court shall notify the eligible offender and the head 2904
of the state correctional institution in which the eligible 2905
offender is confined prior to the hearing. The head of the state 2906
correctional institution immediately shall notify the appropriate 2907
person at the department of rehabilitation and correction of the 2908
hearing, and the department within twenty-four hours after receipt 2909
of the notice, shall post on the database it maintains pursuant to 2910
section 5120.66 of the Revised Code the offender's name and all of 2911
the information specified in division (A)(1)(c)(i) of that 2912
section. If the court schedules a hearing for judicial release, 2913
the court promptly shall give notice of the hearing to the 2914
prosecuting attorney of the county in which the eligible offender 2915
was indicted. Upon receipt of the notice from the court, the 2916
prosecuting attorney shall do whichever of the following is 2917
applicable:2918

       (1) Subject to division (E)(2) of this section, notify the 2919
victim of the offense or the victim's representative pursuant to 2920
division (B) of section 2930.16 of the Revised Code;2921

       (2) If the offense was an offense of violence that is a 2922
felony of the first, second, or third degree, except as otherwise 2923
provided in this division, notify the victim or the victim's 2924
representative of the hearing regardless of whether the victim or 2925
victim's representative has requested the notification. The notice 2926
of the hearing shall not be given under this division to a victim 2927
or victim's representative if the victim or victim's 2928
representative has requested pursuant to division (B)(2) of 2929
section 2930.03 of the Revised Code that the victim or the 2930
victim's representative not be provided the notice. If notice is 2931
to be provided to a victim or victim's representative under this 2932
division, the prosecuting attorney may give the notice by any 2933
reasonable means, including regular mail, telephone, and 2934
electronic mail, in accordance with division (D)(1) of section 2935
2930.16 of the Revised Code. If the notice is based on an offense 2936
committed prior to the effective date of this amendmentMarch 22, 2937
2013, the notice also shall include the opt-out information 2938
described in division (D)(1) of section 2930.16 of the Revised 2939
Code. The prosecuting attorney, in accordance with division (D)(2) 2940
of section 2930.16 of the Revised Code, shall keep a record of all 2941
attempts to provide the notice, and of all notices provided, under 2942
this division. Division (E)(2) of this section, and the 2943
notice-related provisions of division (K) of this section, 2944
division (D)(1) of section 2930.16, division (H) of section 2945
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b) 2946
of section 2967.26, division (D)(1) of section 2967.28, and 2947
division (A)(2) of section 5149.101 of the Revised Code enacted in 2948
the act in which division (E)(2) of this section was enacted, 2949
shall be known as "Roberta's Law."2950

       (F) Upon an offender's successful completion of 2951
rehabilitative activities, the head of the state correctional 2952
institution may notify the sentencing court of the successful 2953
completion of the activities.2954

       (G) Prior to the date of the hearing on a motion for judicial 2955
release under this section, the head of the state correctional 2956
institution in which the eligible offender is confined shall send 2957
to the court an institutional summary report on the eligible 2958
offender's conduct in the institution and in any institution from 2959
which the eligible offender may have been transferred. Upon the 2960
request of the prosecuting attorney of the county in which the 2961
eligible offender was indicted or of any law enforcement agency, 2962
the head of the state correctional institution, at the same time 2963
the person sends the institutional summary report to the court, 2964
also shall send a copy of the report to the requesting prosecuting 2965
attorney and law enforcement agencies. The institutional summary 2966
report shall cover the eligible offender's participation in 2967
school, vocational training, work, treatment, and other 2968
rehabilitative activities and any disciplinary action taken 2969
against the eligible offender. The report shall be made part of 2970
the record of the hearing. A presentence investigation report is 2971
not required for judicial release.2972

       (H) If the court grants a hearing on a motion for judicial 2973
release under this section, the eligible offender shall attend the 2974
hearing if ordered to do so by the court. Upon receipt of a copy 2975
of the journal entry containing the order, the head of the state 2976
correctional institution in which the eligible offender is 2977
incarcerated shall deliver the eligible offender to the sheriff of 2978
the county in which the hearing is to be held. The sheriff shall 2979
convey the eligible offender to and from the hearing.2980

       (I) At the hearing on a motion for judicial release under 2981
this section, the court shall afford the eligible offender and the 2982
eligible offender's attorney an opportunity to present written 2983
and, if present, oral information relevant to the motion. The 2984
court shall afford a similar opportunity to the prosecuting 2985
attorney, the victim or the victim's representative, and any other 2986
person the court determines is likely to present additional 2987
relevant information. The court shall consider any statement of a 2988
victim made pursuant to section 2930.14 or 2930.17 of the Revised 2989
Code, any victim impact statement prepared pursuant to section 2990
2947.051 of the Revised Code, and any report made under division 2991
(G) of this section. The court may consider any written statement 2992
of any person submitted to the court pursuant to division (L) of 2993
this section. After ruling on the motion, the court shall notify 2994
the victim of the ruling in accordance with sections 2930.03 and 2995
2930.16 of the Revised Code.2996

       (J)(1) A court shall not grant a judicial release under this 2997
section to an eligible offender who is imprisoned for a felony of 2998
the first or second degree, or to an eligible offender who 2999
committed an offense under Chapter 2925. or 3719. of the Revised 3000
Code and for whom there was a presumption under section 2929.13 of 3001
the Revised Code in favor of a prison term, unless the court, with 3002
reference to factors under section 2929.12 of the Revised Code, 3003
finds both of the following:3004

       (a) That a sanction other than a prison term would adequately 3005
punish the offender and protect the public from future criminal 3006
violations by the eligible offender because the applicable factors 3007
indicating a lesser likelihood of recidivism outweigh the 3008
applicable factors indicating a greater likelihood of recidivism;3009

       (b) That a sanction other than a prison term would not demean 3010
the seriousness of the offense because factors indicating that the 3011
eligible offender's conduct in committing the offense was less 3012
serious than conduct normally constituting the offense outweigh 3013
factors indicating that the eligible offender's conduct was more 3014
serious than conduct normally constituting the offense.3015

       (2) A court that grants a judicial release to an eligible 3016
offender under division (J)(1) of this section shall specify on 3017
the record both findings required in that division and also shall 3018
list all the factors described in that division that were 3019
presented at the hearing.3020

       (K) If the court grants a motion for judicial release under 3021
this section, the court shall order the release of the eligible 3022
offender, shall place the eligible offender under an appropriate 3023
community control sanction, under appropriate conditions, and 3024
under the supervision of the department of probation serving the 3025
court and shall reserve the right to reimpose the sentence that it 3026
reduced if the offender violates the sanction. If the court 3027
reimposes the reduced sentence, it may do so either concurrently 3028
with, or consecutive to, any new sentence imposed upon the 3029
eligible offender as a result of the violation that is a new 3030
offense. The period of community control shall be no longer than 3031
five years. The court, in its discretion, may reduce the period of 3032
community control by the amount of time the eligible offender 3033
spent in jail or prison for the offense and in prison. If the 3034
court made any findings pursuant to division (J)(1) of this 3035
section, the court shall serve a copy of the findings upon counsel 3036
for the parties within fifteen days after the date on which the 3037
court grants the motion for judicial release.3038

       If the court grants a motion for judicial release, the court 3039
shall notify the appropriate person at the department of 3040
rehabilitation and correction, and the department shall post 3041
notice of the release on the database it maintains pursuant to 3042
section 5120.66 of the Revised Code. The court also shall notify 3043
the prosecuting attorney of the county in which the eligible 3044
offender was indicted that the motion has been granted. Unless the 3045
victim or the victim's representative has requested pursuant to 3046
division (B)(2) of section 2930.03 of the Revised Code that the 3047
victim or victim's representative not be provided the notice, the 3048
prosecuting attorney shall notify the victim or the victim's 3049
representative of the judicial release in any manner, and in 3050
accordance with the same procedures, pursuant to which the 3051
prosecuting attorney is authorized to provide notice of the 3052
hearing pursuant to division (E)(2) of this section. If the notice 3053
is based on an offense committed prior to the effective date of 3054
this amendmentMarch 22, 2013, the notice to the victim or 3055
victim's representative also shall include the opt-out information 3056
described in division (D)(1) of section 2930.16 of the Revised 3057
Code.3058

       (L) In addition to and independent of the right of a victim 3059
to make a statement pursuant to section 2930.14, 2930.17, or 3060
2946.051 of the Revised Code and any right of a person to present 3061
written information or make a statement pursuant to division (I) 3062
of this section, any person may submit to the court, at any time 3063
prior to the hearing on the offender's motion for judicial 3064
release, a written statement concerning the effects of the 3065
offender's crime or crimes, the circumstances surrounding the 3066
crime or crimes, the manner in which the crime or crimes were 3067
perpetrated, and the person's opinion as to whether the offender 3068
should be released.3069

       (M) The changes to this section that are made on September 3070
30, 2011, apply to any judicial release decision made on or after 3071
September 30, 2011, for any eligible offender.3072

       Sec. 2929.26.  (A) Except when a mandatory jail term is 3073
required by law, the court imposing a sentence for a misdemeanor, 3074
other than a minor misdemeanor, may impose upon the offender any 3075
community residential sanction or combination of community 3076
residential sanctions under this section. Community residential 3077
sanctions include, but are not limited to, the following:3078

       (1) A term of up to one hundred eighty days in a halfway 3079
house or community-based correctional facility or a term in a 3080
halfway house or community-based correctional facility not to 3081
exceed the longest jail term available for the offense, whichever 3082
is shorter, if the political subdivision that would have 3083
responsibility for paying the costs of confining the offender in a 3084
jail has entered into a contract with the halfway house or 3085
community-based correctional facility for use of the facility for 3086
misdemeanor offenders;3087

        (2) If the offender is an eligible offender, as defined in 3088
section 307.932 of the Revised Code, a term of up to sixty days in 3089
a community alternative sentencing center or district community 3090
alternative sentencing center established and operated in 3091
accordance with that section, in the circumstances specified in 3092
that section, with one of the conditions of the sanction being 3093
that the offender successfully complete the portion of the 3094
sentence to be served in the center the entire term imposed.3095

       (B) A sentence to a community residential sanction under 3096
division (A)(3)(2) of this section shall be in accordance with 3097
section 307.932 of the Revised Code. In all other cases, the court 3098
that sentences an offender to a community residential sanction 3099
under this section may do either or both of the following:3100

       (1) Permit the offender to serve the offender's sentence in 3101
intermittent confinement, overnight, on weekends or at any other 3102
time or times that will allow the offender to continue at the 3103
offender's occupation or care for the offender's family;3104

       (2) Authorize the offender to be released so that the 3105
offender may seek or maintain employment, receive education or 3106
training, receive treatment, perform community service, or 3107
otherwise fulfill an obligation imposed by law or by the court. A 3108
release pursuant to this division shall be only for the duration 3109
of time that is needed to fulfill the purpose of the release and 3110
for travel that reasonably is necessary to fulfill the purposes of 3111
the release.3112

       (C) The court may order that a reasonable portion of the 3113
income earned by the offender upon a release pursuant to division 3114
(B) of this section be applied to any financial sanction imposed 3115
under section 2929.28 of the Revised Code.3116

       (D) No court shall sentence any person to a prison term for a 3117
misdemeanor or minor misdemeanor or to a jail term for a minor 3118
misdemeanor.3119

       (E) If a court sentences a person who has been convicted of 3120
or pleaded guilty to a misdemeanor to a community residential 3121
sanction as described in division (A) of this section, at the time 3122
of reception and at other times the person in charge of the 3123
operation of the halfway house, community alternative sentencing 3124
center, district community alternative sentencing center, or other 3125
place at which the offender will serve the residential sanction 3126
determines to be appropriate, the person in charge of the 3127
operation of the halfway house, community alternative sentencing 3128
center, district community alternative sentencing center, or other 3129
place may cause the convicted offender to be examined and tested 3130
for tuberculosis, HIV infection, hepatitis, including, but not 3131
limited to, hepatitis A, B, and C, and other contagious diseases. 3132
The person in charge of the operation of the halfway house, 3133
community alternative sentencing center, district community 3134
alternative sentencing center, or other place at which the 3135
offender will serve the residential sanction may cause a convicted 3136
offender in the halfway house, community alternative sentencing 3137
center, district community alternative sentencing center, or other 3138
place who refuses to be tested or treated for tuberculosis, HIV 3139
infection, hepatitis, including, but not limited to, hepatitis A, 3140
B, and C, or another contagious disease to be tested and treated 3141
involuntarily.3142

       (F) A political subdivision may enter into a contract with a 3143
halfway house for use of the halfway house to house misdemeanor 3144
offenders under a sanction imposed under division (A)(1) of this 3145
section.3146

       Sec. 2947.09.  (A) If a person is charged with an offense in 3147
a court of common pleas, including a juvenile court, and either 3148
fails to appear in court at the required time and place to answer 3149
the charge or pleads guilty to or is found guilty of the offense 3150
or is adjudicated a delinquent child or juvenile traffic offender 3151
based on the offense and fails within the time allowed by the 3152
court to pay any fine or costs imposed by the court, unless the 3153
court previously has given written notice to the person, the court 3154
shall send the person a notice by ordinary mail at the person's 3155
last known address stating that there is a balance due, specifying 3156
the amount of the balance due, and directing the person to contact 3157
the court clerk's office within ten days of the date of the 3158
notice. The notice shall include the sentence: "WARNING: Failure 3159
to timely respond to this notice may result in the blocking of 3160
your motor vehicle registration or transfer of registration!" To 3161
avoid a block on the person's motor vehicle registration or 3162
transfer of registration, the person may enter into a written 3163
agreement with the court to pay the balance due in installments or 3164
to perform community service in lieu of payment. The agreement 3165
shall include the sentence: "WARNING: Failure to comply with the 3166
payment schedule or to complete your community service requirement 3167
may result in the blocking of your motor vehicle registration or 3168
transfer of registration!"3169

       If a person does not enter into an agreement under this 3170
division or if a person fails to comply with an agreement entered 3171
into under this division, the court may enter information relative 3172
to the person's failure to pay any outstanding amount of the fine 3173
or costs on a form prescribed or approved by the registrar of 3174
motor vehicles pursuant to division (B) of this section and send 3175
the form to the registrar. Upon receipt of the form, the registrar 3176
shall take any measures necessary to ensure that neither the 3177
registrar nor any deputy registrar accepts any application for the 3178
registration or transfer of registration of any motor vehicle 3179
owned or leased by the person. However, for a motor vehicle leased 3180
by the person, the registrar shall not implement this requirement 3181
until the registrar adopts procedures for that implementation 3182
under section 4503.39 of the Revised Code.3183

       The period of denial relating to the issuance or transfer of 3184
a certificate of registration for a motor vehicle imposed under 3185
this section remains in effect until the person pays any fine or 3186
costs imposed by the court relative to the offense. When the fine 3187
or costs have been paid in full, the court shall inform the 3188
registrar of the payment by entering information relative to the 3189
payment on a notice of payment form prescribed or approved by the 3190
registrar pursuant to division (B) of this section and sending the 3191
form to the registrar.3192

       (B) The registrar shall prescribe and make available to 3193
courts of common pleas forms to be used for a notice to the 3194
registrar of failure to pay fines or costs and a notice to the 3195
registrar of payment of fines or costs under division (A) of this 3196
section. The registrar may approve the use of other forms for 3197
these purposes.3198

       The registrar may require that any of the forms prescribed or 3199
approved pursuant to this section be transmitted to the registrar 3200
electronically. If the registrar requires electronic transmission, 3201
the registrar shall not be required to give effect to any form 3202
that is not transmitted electronically.3203

       Sec. 2947.23.  (A)(1)(a) In all criminal cases, including 3204
violations of ordinances, the judge or magistrate shall include in 3205
the sentence the costs of prosecution, including any costs under 3206
section 2947.231 of the Revised Code, and render a judgment 3207
against the defendant for such costs. If the judge or magistrate 3208
imposes a community control sanction or other nonresidential 3209
sanction, the judge or magistrate, when imposing the sanction, 3210
shall notify the defendant of both of the following:3211

       (i) If the defendant fails to pay that judgment or fails to 3212
timely make payments towards that judgment under a payment 3213
schedule approved by the court, the court may order the defendant 3214
to perform community service in an amount of not more than forty 3215
hours per month until the judgment is paid or until the court is 3216
satisfied that the defendant is in compliance with the approved 3217
payment schedule.3218

       (ii) If the court orders the defendant to perform the 3219
community service, the defendant will receive credit upon the 3220
judgment at the specified hourly credit rate per hour of community 3221
service performed, and each hour of community service performed 3222
will reduce the judgment by that amount.3223

       (b) The failure of a judge or magistrate to notify the 3224
defendant pursuant to division (A)(1)(a) of this section does not 3225
negate or limit the authority of the court to order the defendant 3226
to perform community service if the defendant fails to pay the 3227
judgment described in that division or to timely make payments 3228
toward that judgment under an approved payment plan.3229

       (2) The following shall apply in all criminal cases:3230

       (a) If a jury has been sworn at the trial of a case, the fees 3231
of the jurors shall be included in the costs, which shall be paid 3232
to the public treasury from which the jurors were paid.3233

       (b) If a jury has not been sworn at the trial of a case 3234
because of a defendant's failure to appear without good cause or 3235
because the defendant entered a plea of guilty or no contest less 3236
than twenty-four hours before the scheduled commencement of the 3237
trial, the costs incurred in summoning jurors for that particular 3238
trial may be included in the costs of prosecution. If the costs 3239
incurred in summoning jurors are assessed against the defendant, 3240
those costs shall be paid to the public treasury from which the 3241
jurors were paid.3242

       (B) If a judge or magistrate has reason to believe that a 3243
defendant has failed to pay the judgment described in division (A) 3244
of this section or has failed to timely make payments towards that 3245
judgment under a payment schedule approved by the judge or 3246
magistrate, the judge or magistrate shall hold a hearing to 3247
determine whether to order the offender to perform community 3248
service for that failure. The judge or magistrate shall notify 3249
both the defendant and the prosecuting attorney of the place, 3250
time, and date of the hearing and shall give each an opportunity 3251
to present evidence. If, after the hearing, the judge or 3252
magistrate determines that the defendant has failed to pay the 3253
judgment or to timely make payments under the payment schedule and 3254
that imposition of community service for the failure is 3255
appropriate, the judge or magistrate may order the offender to 3256
perform community service in an amount of not more than forty 3257
hours per month until the judgment is paid or until the judge or 3258
magistrate is satisfied that the offender is in compliance with 3259
the approved payment schedule. If the judge or magistrate orders 3260
the defendant to perform community service under this division, 3261
the defendant shall receive credit upon the judgment at the 3262
specified hourly credit rate per hour of community service 3263
performed, and each hour of community service performed shall 3264
reduce the judgment by that amount. Except for the credit and 3265
reduction provided in this division, ordering an offender to 3266
perform community service under this division does not lessen the 3267
amount of the judgment and does not preclude the state from taking 3268
any other action to execute the judgment.3269

       (C) The court retains jurisdiction to waive, suspend, or 3270
modify the payment of the costs of prosecution, including any 3271
costs under section 2947.231 of the Revised Code, at the time of 3272
sentencing or at any time thereafter.3273

       (D) As used in this section:3274

       (1) "Case" means a prosecution of all of the charges that 3275
result from the same act, transaction, or series of acts or 3276
transactions and that are given the same case type designator and 3277
case number under Rule 43 of the Rules of Superintendence for the 3278
Courts of Ohio or any successor to that rule.3279

       (2) "Specified hourly credit rate" means an hourly credit 3280
rate set by the judge or magistrate, which shall not be less than3281
the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the 3282
federal Fair Labor Standards Act of 1938, that then is in effect, 3283
and that an employer subject to that provision must pay per hour 3284
to each of the employer's employees who is subject to that 3285
provision.3286

       Sec. 2953.25.  (A) As used in this section:3287

       (1) "Collateral sanction" means a penalty, disability, or 3288
disadvantage that is related to employment or occupational 3289
licensing, however denominated, as a result of the individual's 3290
conviction of or plea of guilty to an offense and that applies by 3291
operation of law in this state whether or not the penalty, 3292
disability, or disadvantage is included in the sentence or 3293
judgment imposed.3294

       "Collateral sanction" does not include imprisonment, 3295
probation, parole, supervised release, forfeiture, restitution, 3296
fine, assessment, or costs of prosecution.3297

       (2) "Decision-maker" includes, but is not limited to, the 3298
state acting through a department, agency, board, commission, or 3299
instrumentality established by the law of this state for the 3300
exercise of any function of government, a political subdivision, 3301
an educational institution, or a government contractor or 3302
subcontractor made subject to this section by contract, law, or 3303
ordinance.3304

       (3) "Department-funded program" means a residential or 3305
nonresidential program that is not a term in a state correctional 3306
institution, that is funded in whole or part by the department of 3307
rehabilitation and correction, and that is imposed as a sanction 3308
for an offense, as part of a sanction that is imposed for an 3309
offense, or as a term or condition of any sanction that is imposed 3310
for an offense.3311

       (4) "Designee" means the person designated by the deputy 3312
director of the division of parole and community services to 3313
perform the duties designated in division (B) of this section.3314

       (5) "Division of parole and community services" means the 3315
division of parole and community services of the department of 3316
rehabilitation and correction.3317

       (6) "Offense" means any felony or misdemeanor under the laws 3318
of this state. 3319

       (7) "Political subdivision" has the same meaning as in 3320
section 2969.21 of the Revised Code. 3321

       (B)(1) After the provisions of this division become operative 3322
as described in division (J) of this section, an individual who is 3323
subject to one or more collateral sanctions as a result of being 3324
convicted of or pleading guilty to an offense and who either has 3325
served a term in a state correctional institution for any offense 3326
or has spent time in a department-funded program for any offense 3327
may file a petition with the designee of the deputy director of 3328
the division of parole and community services for a certificate of 3329
qualification for employment.3330

       (2) After the provisions of this division become operative as 3331
described in division (J) of this section, an individual who is 3332
subject to one or more collateral sanctions as a result of being 3333
convicted of or pleading guilty to an offense and who is not in a 3334
category described in division (B)(1) of this section may file a 3335
petition with the court of common pleas of the county in which the 3336
person resides or with the designee of the deputy director of the 3337
division of parole and community services for a certificate of 3338
qualification for employment. 3339

       (3) A petition under division (B)(1) or (2) of this section 3340
shall be made on a copy of the form prescribed by the division of 3341
parole and community services under division (J) of this section 3342
and shall contain all of the information described in division (F) 3343
of this section.3344

       (4) An individual may file a petition under division (B)(1) 3345
or (2) of this section at any time after the expiration of 3346
whichever of the following is applicable: 3347

       (a) If the offense that resulted in the collateral sanction 3348
from which the individual seeks relief is a felony, at any time 3349
after the expiration of one year from the date of release of the 3350
individual from any period of incarceration in a state or local 3351
correctional facility that was imposed for that offense and all 3352
periods of supervision imposed after release from the period of 3353
incarceration or, if the individual was not incarcerated for that 3354
offense, at any time after the expiration of one year from the 3355
date of the individual's final release from all other sanctions 3356
imposed for that offense.3357

       (b) If the offense that resulted in the collateral sanction 3358
from which the individual seeks relief is a misdemeanor, at any 3359
time after the expiration of six months from the date of release 3360
of the individual from any period of incarceration in a local 3361
correctional facility that was imposed for that offense and all 3362
periods of supervision imposed after release from the period of 3363
incarceration or, if the individual was not incarcerated for that 3364
offense, at any time after the expiration of six months from the 3365
date of the final release of the individual from all sanctions 3366
imposed for that offense including any period of supervision.3367

       (5)(a) A designee that receives a petition for a 3368
certification of qualification for employment from an individual 3369
under division (B)(1) or (2) of this section shall review the 3370
petition to determine whether it is complete. If the petition is 3371
complete, the designee shall forward the petition, and any other 3372
information the designee possesses that relates to the petition, 3373
to the court of common pleas of the county in which the individual 3374
resides.3375

       (b) A court of common pleas that receives a petition for a 3376
certificate of qualification for employment from an individual 3377
under division (B)(2) of this section, or that is forwarded a 3378
petition for such a certificate under division (B)(5)(a) of this 3379
section, shall attempt to determine all other courts in this state 3380
in which the individual was convicted of or pleaded guilty to an 3381
offense other than the offense from which the individual is 3382
seeking relief. The court that receives or is forwarded the 3383
petition shall notify all other courts in this state that it 3384
determines under this division were courts in which the individual 3385
was convicted of or pleaded guilty to an offense other than the 3386
offense from which the individual is seeking relief that the 3387
individual has filed the petition and that the court may send 3388
comments regarding the possible issuance of the certificate.3389

       A court of common pleas that receives a petition for a 3390
certificate of qualification for employment under division (B)(2) 3391
of this section shall notify the prosecuting attorney of the 3392
county in which the individual resides that the individual has 3393
filed the petition.3394

       A court of common pleas that receives a petition for a 3395
certificate of qualification for employment under division (B)(2) 3396
of this section, or that is forwarded a petition for qualification 3397
under division (B)(5)(a) of this section may direct the clerk of 3398
court to process and record all notices required in or under this 3399
section.3400

       (C)(1) Upon receiving a petition for a certificate of 3401
qualification for employment filed by an individual under division 3402
(B)(2) of this section or being forwarded a petition for such a 3403
certificate under division (B)(5)(a) of this section, the court 3404
shall review the individual's petition, the individual's criminal 3405
history, all filings submitted by the prosecutor or by the victim 3406
in accordance with rules adopted by the division of parole and 3407
community services, and all other relevant evidence. The court may 3408
order any report, investigation, or disclosure by the individual 3409
that the court believes is necessary for the court to reach a 3410
decision on whether to approve the individual's petition for a 3411
certificate of qualification for employment. 3412

       (2) Upon receiving a petition for a certificate of 3413
qualification for employment filed by an individual under division 3414
(B)(2) of this section or being forwarded a petition for such a 3415
certificate under division (B)(5)(a) of this section, except as 3416
otherwise provided in this division, the court shall decide 3417
whether to issue the certificate within sixty days after the court 3418
receives or is forwarded the completed petition and all 3419
information requested for the court to make that decision. Upon 3420
request of the individual who filed the petition, the court may 3421
extend the sixty-day period specified in this division.3422

       (3) Subject to division (C)(5) of this section, a court that 3423
receives an individual's petition for a certificate of 3424
qualification for employment under division (B)(2) of this section 3425
or that is forwarded a petition for such a certificate under 3426
division (B)(5)(a) of this section may issue a certificate of 3427
qualification for employment, at the court's discretion, if the 3428
court finds that the individual has established all of the 3429
following by a preponderance of the evidence: 3430

       (a) Granting the petition will materially assist the 3431
individual in obtaining employment or occupational licensing. 3432

       (b) The individual has a substantial need for the relief 3433
requested in order to live a law-abiding life. 3434

       (c) Granting the petition would not pose an unreasonable risk 3435
to the safety of the public or any individual. 3436

       (4) The submission of an incomplete petition by an individual 3437
shall not be grounds for the designee or court to deny the 3438
petition.3439

       (5) A court that receives an individual's petition for a 3440
certificate of qualification for employment under division (B)(2) 3441
of this section or that is forwarded a petition for such a 3442
certificate under division (B)(5)(a) of this section shall not 3443
issue a certificate of qualification for employment that grants 3444
the individual relief from any of the following collateral 3445
sanctions: 3446

       (a) Requirements imposed by Chapter 2950. of the Revised Code 3447
and rules adopted under sections 2950.13 and 2950.132 of the 3448
Revised Code; 3449

       (b) A driver's license, commercial driver's license, or 3450
probationary license suspension, cancellation, or revocation 3451
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the 3452
Revised Code if the relief sought is available pursuant to section 3453
4510.021 or division (B) of section 4510.13 of the Revised Code; 3454

       (c) Restrictions on employment as a prosecutor or law 3455
enforcement officer; 3456

       (d) The denial, ineligibility, or automatic suspension of a 3457
license that is imposed upon an individual applying for or holding 3458
a license as a health care professional under Title XLVII of the 3459
Revised Code if the individual is convicted of, pleads guilty to, 3460
is subject to a judicial finding of eligibility for intervention 3461
in lieu of conviction in this state under section 2951.041 of the 3462
Revised Code, or is subject to treatment or intervention in lieu 3463
of conviction for a violation of section 2903.01, 2903.02, 3464
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 3465
2911.01, 2911.11, or 2919.123 of the Revised Code; 3466

       (e) The immediate suspension of a license, certificate, or 3467
evidence of registration that is imposed upon an individual 3468
holding a license as a health care professional under Title XLVII 3469
of the Revised Code pursuant to division (C) of section 3719.121 3470
of the Revised Code; 3471

       (f) The denial or ineligibility for employment in a pain 3472
clinic under division (B)(4) of section 4729.552 of the Revised 3473
Code; 3474

       (g) The mandatory suspension of a license that is imposed on 3475
an individual applying for or holding a license as a health care 3476
professional under Title XLVII of the Revised Code pursuant to 3477
section 3123.43 of the Revised Code. 3478

       (6) If a court that receives an individual's petition for a 3479
certificate of qualification for employment under division (B)(2) 3480
of this section or that is forwarded a petition for such a 3481
certificate under division (B)(5)(a) of this section denies the 3482
petition, the court shall provide written notice to the individual 3483
of the court's denial. The court may place conditions on the 3484
individual regarding the individual's filing of any subsequent 3485
petition for a certificate of qualification for employment. The 3486
written notice must notify the individual of any conditions placed 3487
on the individual's filing of a subsequent petition for a 3488
certificate of qualification for employment.3489

       If a court of common pleas that receives an individual's 3490
petition for a certificate of qualification for employment under 3491
division (B)(2) of this section or that is forwarded a petition 3492
for such a certificate under division (B)(5)(a) of this section 3493
denies the petition, the individual may appeal the decision to the 3494
court of appeals only if the individual alleges that the denial 3495
was an abuse of discretion on the part of the court of common 3496
pleas.3497

       (D) A certificate of qualification for employment issued to 3498
an individual lifts the automatic bar of a collateral sanction, 3499
and a decision-maker shall consider on a case-by-case basis 3500
whether to grant or deny the issuance or restoration of an 3501
occupational license or an employment opportunity, notwithstanding 3502
the individual's possession of the certificate, without, however, 3503
reconsidering or rejecting any finding made by a designee or court 3504
under division (C)(3) of this section. 3505

       (E) A certificate of qualification for employment does not 3506
grant the individual to whom the certificate was issued relief 3507
from the mandatory civil impacts identified in division (A)(1) of 3508
section 2961.01 or division (B) of section 2961.02 of the Revised 3509
Code. 3510

       (F) A petition for a certificate of qualification for 3511
employment filed by an individual under division (B)(1) or (2) of 3512
this section shall include all of the following:3513

       (1) The individual's name, date of birth, and social security 3514
number;3515

       (2) All aliases of the individual and all social security 3516
numbers associated with those aliases;3517

       (3) The individual's residence address, including the city, 3518
county, and state of residence and zip code;3519

       (4) The length of time that the individual has been a 3520
resident of this state, expressed in years and months of 3521
residence;3522

       (5) The name or type of each collateral sanction from which 3523
the individual is requesting a certificate of qualification for 3524
employment;3525

       (6) A summary of the individual's criminal history with 3526
respect to each offense that is a disqualification from employment 3527
or licensing in an occupation or profession, including the years 3528
of each conviction or plea of guilty for each of those offenses;3529

       (7) A summary of the individual's employment history, 3530
specifying the name of, and dates of employment with, each 3531
employer;3532

       (8) Verifiable references and endorsements;3533

       (9) The name of one or more immediate family members of the 3534
individual, or other persons with whom the individual has a close 3535
relationship, who support the individual's reentry plan;3536

       (10) A summary of the reason the individual believes the 3537
certificate of qualification for employment should be granted;3538

       (11) Any other information required by rule by the department 3539
of rehabilitation and correction.3540

       (G)(1) In a judicial or administrative proceeding alleging 3541
negligence or other fault, a certificate of qualification for 3542
employment issued to an individual under this section may be 3543
introduced as evidence of a person's due care in hiring, 3544
retaining, licensing, leasing to, admitting to a school or 3545
program, or otherwise transacting business or engaging in activity 3546
with the individual to whom the certificate of qualification for 3547
employment was issued if the person knew of the certificate at the 3548
time of the alleged negligence or other fault. 3549

       (2) In any proceeding on a claim against an employer for 3550
negligent hiring, a certificate of qualification for employment 3551
issued to an individual under this section shall provide immunity 3552
for the employer as to the claim if the employer knew of the 3553
certificate at the time of the alleged negligence. 3554

       (3) If an employer hires an individual who has been issued a 3555
certificate of qualification for employment under this section, if 3556
the individual, after being hired, subsequently demonstrates 3557
dangerousness or is convicted of or pleads guilty to a felony, and 3558
if the employer retains the individual as an employee after the 3559
demonstration of dangerousness or the conviction or guilty plea, 3560
the employer may be held liable in a civil action that is based on 3561
or relates to the retention of the individual as an employee only 3562
if it is proved by a preponderance of the evidence that the person 3563
having hiring and firing responsibility for the employer had 3564
actual knowledge that the employee was dangerous or had been 3565
convicted of or pleaded guilty to the felony and was willful in 3566
retaining the individual as an employee after the demonstration of 3567
dangerousness or the conviction or guilty plea of which the person 3568
has actual knowledge.3569

       (H) A certificate of qualification for employment issued 3570
under this section shall be presumptively revoked if the 3571
individual to whom the certificate of qualification for employment 3572
was issued is convicted of or pleads guilty to a felony offense 3573
committed subsequent to the issuance of the certificate of 3574
qualification for employment. 3575

       (I) A designee's forwarding, or failure to forward, a 3576
petition for a certificate of qualification for employment to a 3577
court or a court's issuance, or failure to issue, a petition for a 3578
certificate of qualification for employment to an individual under 3579
division (B) of this section does not give rise to a claim for 3580
damages against the department of rehabilitation and correction or 3581
court. 3582

       (J) Not later than ninety days after the effective date of 3583
this sectionSeptember 28, 2012, the division of parole and 3584
community services shall adopt rules in accordance with Chapter 3585
119. of the Revised Code for the implementation and administration 3586
of this section and shall prescribe the form for the petition to 3587
be used under division (B)(1) or (2) of this section. The form for 3588
the petition shall include places for all of the information 3589
specified in division (F) of this section. Upon the adoption of 3590
the rules, the provisions of divisions (A) to (I) of this section 3591
become operative.3592

       (K) The department of rehabilitation and correction shall 3593
conduct a study to determine the manner for transferring the 3594
mechanism for the issuance of a certificate of qualification for 3595
employment created by this section to an electronic database 3596
established and maintained by the department. The database to 3597
which the mechanism is to be transferred shall include granted 3598
certificates and revoked certificates and shall be designed to 3599
track the number of certificates granted and revoked, the 3600
industries, occupations, and professions with respect to which the 3601
certificates have been most applicable, the types of employers 3602
that have accepted the certificates, and the recidivism rates of 3603
individuals who have been issued the certificates. Not later than 3604
the date that is one year after the effective date of this section3605
September 28, 2012, the department of rehabilitation and 3606
correction shall submit to the general assembly and the governor a 3607
report that contains the results of the study and recommendations 3608
for transferring the mechanism for the issuance of certificate of 3609
qualification for employment created by this section to an 3610
electronic database established and maintained by the department.3611

       (L) The department of rehabilitation and correction, in 3612
conjunction with the Ohio judicial conference, shall conduct a 3613
study to determine whether the application process for 3614
certificates of qualification for employment created by this 3615
section is feasible based upon the caseload capacity of the 3616
department and the courts of common pleas. Not later than the date 3617
that is one year after the effective date of this section3618
September 28, 2012, the department shall submit to the general 3619
assembly a report that contains the results of the study and any 3620
recommendations for improvement of the application process.3621

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the 3622
Revised Code:3623

       (A) "Eligible offender" means anyone who has been convicted 3624
of an offense in this state or any other jurisdiction and who has 3625
not more than one felony conviction, not more than two misdemeanor 3626
convictions if the convictions are not of the same offense, or not 3627
more than one felony conviction and one misdemeanor conviction in 3628
this state or any other jurisdiction. When two or more convictions 3629
result from or are connected with the same act or result from 3630
offenses committed at the same time, they shall be counted as one 3631
conviction. When two or three convictions result from the same 3632
indictment, information, or complaint, from the same plea of 3633
guilty, or from the same official proceeding, and result from 3634
related criminal acts that were committed within a three-month 3635
period but do not result from the same act or from offenses 3636
committed at the same time, they shall be counted as one 3637
conviction, provided that a court may decide as provided in 3638
division (C)(1)(a) of section 2953.32 of the Revised Code that it 3639
is not in the public interest for the two or three convictions to 3640
be counted as one conviction.3641

       For purposes of, and except as otherwise provided in, this 3642
division, a conviction for a minor misdemeanor, for a violation of 3643
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the 3644
Revised Code, or for a violation of a municipal ordinance that is 3645
substantially similar to any section in those chapters is not a 3646
conviction. However, a conviction for a violation of section 3647
4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 3648
4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a 3649
violation of section 4510.11 or 4510.14 of the Revised Code that 3650
is based upon the offender's operation of a vehicle during a 3651
suspension imposed under section 4511.191 or 4511.196 of the 3652
Revised Code, for a violation of a substantially equivalent 3653
municipal ordinance, for a felony violation of Title XLV of the 3654
Revised Code, or for a violation of a substantially equivalent 3655
former law of this state or former municipal ordinance shall be 3656
considered a conviction.3657

       (B) "Prosecutor" means the county prosecuting attorney, city 3658
director of law, village solicitor, or similar chief legal 3659
officer, who has the authority to prosecute a criminal case in the 3660
court in which the case is filed.3661

       (C) "Bail forfeiture" means the forfeiture of bail by a 3662
defendant who is arrested for the commission of a misdemeanor, 3663
other than a defendant in a traffic case as defined in Traffic 3664
Rule 2, if the forfeiture is pursuant to an agreement with the 3665
court and prosecutor in the case.3666

       (D) "Official records" has the same meaning as in division 3667
(D) of section 2953.51 of the Revised Code.3668

       (E) "Official proceeding" has the same meaning as in section 3669
2921.01 of the Revised Code.3670

       (F) "Community control sanction" has the same meaning as in 3671
section 2929.01 of the Revised Code.3672

       (G) "Post-release control" and "post-release control 3673
sanction" have the same meanings as in section 2967.01 of the 3674
Revised Code.3675

       (H) "DNA database," "DNA record," and "law enforcement 3676
agency" have the same meanings as in section 109.573 of the 3677
Revised Code.3678

       (I) "Fingerprints filed for record" means any fingerprints 3679
obtained by the superintendent of the bureau of criminal 3680
identification and investigation pursuant to sections 109.57 and 3681
109.571 of the Revised Code.3682

       Sec. 2953.32.  (A)(1) Except as provided in section 2953.61 3683
of the Revised Code, an eligible offender may apply to the 3684
sentencing court if convicted in this state, or to a court of 3685
common pleas if convicted in another state or in a federal court, 3686
for the sealing of the conviction record of the case that pertains 3687
to the conviction. Application may be made at the expiration of 3688
three years after the offender's final discharge if convicted of a 3689
felony, or at the expiration of one year after the offender's 3690
final discharge if convicted of a misdemeanor.3691

       (2) Any person who has been arrested for any misdemeanor 3692
offense and who has effected a bail forfeiture for the offense 3693
charged may apply to the court in which the misdemeanor criminal 3694
case was pending when bail was forfeited for the sealing of the 3695
record of the case that pertains to the charge. Except as provided 3696
in section 2953.61 of the Revised Code, the application may be 3697
filed at any time after the expiration of one year from the date 3698
on which the bail forfeiture was entered upon the minutes of the 3699
court or the journal, whichever entry occurs first.3700

       (B) Upon the filing of an application under this section, the 3701
court shall set a date for a hearing and shall notify the 3702
prosecutor for the case of the hearing on the application. The 3703
prosecutor may object to the granting of the application by filing 3704
an objection with the court prior to the date set for the hearing. 3705
The prosecutor shall specify in the objection the reasons for 3706
believing a denial of the application is justified. The court 3707
shall direct its regular probation officer, a state probation 3708
officer, or the department of probation of the county in which the 3709
applicant resides to make inquiries and written reports as the 3710
court requires concerning the applicant. If the applicant was 3711
convicted of or pleaded guilty to a violation of division (A)(2) 3712
or (B) of section 2919.21 of the Revised Code, the probation 3713
officer or county department of probation that the court directed 3714
to make inquiries concerning the applicant shall contact the child 3715
support enforcement agency enforcing the applicant's obligations 3716
under the child support order to inquire about the offender's 3717
compliance with the child support order.3718

       (C)(1) The court shall do each of the following:3719

       (a) Determine whether the applicant is an eligible offender 3720
or whether the forfeiture of bail was agreed to by the applicant 3721
and the prosecutor in the case. If the applicant applies as an 3722
eligible offender pursuant to division (A)(1) of this section and 3723
has two or three convictions that result from the same indictment, 3724
information, or complaint, from the same plea of guilty, or from 3725
the same official proceeding, and result from related criminal 3726
acts that were committed within a three-month period but do not 3727
result from the same act or from offenses committed at the same 3728
time, in making its determination under this division, the court 3729
initially shall determine whether it is not in the public interest 3730
for the two or three convictions to be counted as one conviction. 3731
If the court determines that it is not in the public interest for 3732
the two or three convictions to be counted as one conviction, the 3733
court shall determine that the applicant is not an eligible 3734
offender; if the court does not make that determination, the court 3735
shall determine that the offender is an eligible offender.3736

       (b) Determine whether criminal proceedings are pending 3737
against the applicant;3738

       (c) If the applicant is an eligible offender who applies 3739
pursuant to division (A)(1) of this section, determine whether the 3740
applicant has been rehabilitated to the satisfaction of the court;3741

       (d) If the prosecutor has filed an objection in accordance 3742
with division (B) of this section, consider the reasons against 3743
granting the application specified by the prosecutor in the 3744
objection;3745

       (e) Weigh the interests of the applicant in having the 3746
records pertaining to the applicant's conviction or bail 3747
forfeiture sealed against the legitimate needs, if any, of the 3748
government to maintain those records.3749

       (2) If the court determines, after complying with division 3750
(C)(1) of this section, that the applicant is an eligible offender 3751
or the subject of a bail forfeiture, that no criminal proceeding 3752
is pending against the applicant, and that the interests of the 3753
applicant in having the records pertaining to the applicant's 3754
conviction or bail forfeiture sealed are not outweighed by any 3755
legitimate governmental needs to maintain those records, and that 3756
the rehabilitation of an applicant who is an eligible offender 3757
applying pursuant to division (A)(1) of this section has been 3758
attained to the satisfaction of the court, the court, except as 3759
provided in divisions (G) and, (H), or (I) of this section, shall 3760
order all official records pertainingof the case that pertain to 3761
the caseconviction or bail forfeiture sealed and, except as 3762
provided in division (F) of this section, all index references to 3763
the case that pertain to the conviction or bail forfeiture3764
deleted and, in the case of bail forfeitures, shall dismiss the 3765
charges in the case. The proceedings in the case that pertain to 3766
the conviction or bail forfeiture shall be considered not to have 3767
occurred and the conviction or bail forfeiture of the person who 3768
is the subject of the proceedings shall be sealed, except that 3769
upon conviction of a subsequent offense, the sealed record of 3770
prior conviction or bail forfeiture may be considered by the court 3771
in determining the sentence or other appropriate disposition, 3772
including the relief provided for in sections 2953.31 to 2953.33 3773
of the Revised Code.3774

       (3) An applicant may request the sealing of the records of 3775
more than one case in a single application under this section.3776
Upon the filing of an application under this section, the 3777
applicant, unless indigent, shall pay a fee of fifty dollars, 3778
regardless of the number of records the application requests to 3779
have sealed. The court shall pay thirty dollars of the fee into 3780
the state treasury. It shall pay twenty dollars of the fee into 3781
the county general revenue fund if the sealed conviction or bail 3782
forfeiture was pursuant to a state statute, or into the general 3783
revenue fund of the municipal corporation involved if the sealed 3784
conviction or bail forfeiture was pursuant to a municipal 3785
ordinance.3786

       (D) Inspection of the sealed records included in the order 3787
may be made only by the following persons or for the following 3788
purposes:3789

       (1) By a law enforcement officer or prosecutor, or the 3790
assistants of either, to determine whether the nature and 3791
character of the offense with which a person is to be charged 3792
would be affected by virtue of the person's previously having been 3793
convicted of a crime;3794

       (2) By the parole or probation officer of the person who is 3795
the subject of the records, for the exclusive use of the officer 3796
in supervising the person while on parole or under a community 3797
control sanction or a post-release control sanction, and in making 3798
inquiries and written reports as requested by the court or adult 3799
parole authority;3800

       (3) Upon application by the person who is the subject of the 3801
records, by the persons named in the application;3802

       (4) By a law enforcement officer who was involved in the 3803
case, for use in the officer's defense of a civil action arising 3804
out of the officer's involvement in that case;3805

       (5) By a prosecuting attorney or the prosecuting attorney's 3806
assistants, to determine a defendant's eligibility to enter a 3807
pre-trial diversion program established pursuant to section 3808
2935.36 of the Revised Code;3809

       (6) By any law enforcement agency or any authorized employee 3810
of a law enforcement agency or by the department of rehabilitation 3811
and correction as part of a background investigation of a person 3812
who applies for employment with the agency as a law enforcement 3813
officer or with the department as a corrections officer;3814

       (7) By any law enforcement agency or any authorized employee 3815
of a law enforcement agency, for the purposes set forth in, and in 3816
the manner provided in, section 2953.321 of the Revised Code;3817

       (8) By the bureau of criminal identification and 3818
investigation or any authorized employee of the bureau for the 3819
purpose of providing information to a board or person pursuant to 3820
division (F) or (G) of section 109.57 of the Revised Code;3821

       (9) By the bureau of criminal identification and 3822
investigation or any authorized employee of the bureau for the 3823
purpose of performing a criminal history records check on a person 3824
to whom a certificate as prescribed in section 109.77 of the 3825
Revised Code is to be awarded;3826

       (10) By the bureau of criminal identification and 3827
investigation or any authorized employee of the bureau for the 3828
purpose of conducting a criminal records check of an individual 3829
pursuant to division (B) of section 109.572 of the Revised Code 3830
that was requested pursuant to any of the sections identified in 3831
division (B)(1) of that section;3832

       (11) By the bureau of criminal identification and 3833
investigation, an authorized employee of the bureau, a sheriff, or 3834
an authorized employee of a sheriff in connection with a criminal 3835
records check described in section 311.41 of the Revised Code;3836

       (12) By the attorney general or an authorized employee of the 3837
attorney general or a court for purposes of determining a person's 3838
classification pursuant to Chapter 2950. of the Revised Code;3839

       (13) By a court, the registrar of motor vehicles, a 3840
prosecuting attorney or the prosecuting attorney's assistants, or 3841
a law enforcement officer for the purpose of assessing points 3842
against a person under section 4510.036 of the Revised Code or for 3843
taking action with regard to points assessed.3844

       When the nature and character of the offense with which a 3845
person is to be charged would be affected by the information, it 3846
may be used for the purpose of charging the person with an 3847
offense.3848

       (E) In any criminal proceeding, proof of any otherwise 3849
admissible prior conviction may be introduced and proved, 3850
notwithstanding the fact that for any such prior conviction an 3851
order of sealing previously was issued pursuant to sections 3852
2953.31 to 2953.36 of the Revised Code.3853

       (F) The person or governmental agency, office, or department 3854
that maintains sealed records pertaining to convictions or bail 3855
forfeitures that have been sealed pursuant to this section may 3856
maintain a manual or computerized index to the sealed records. The 3857
index shall contain only the name of, and alphanumeric identifiers 3858
that relate to, the persons who are the subject of the sealed 3859
records, the word "sealed," and the name of the person, agency, 3860
office, or department that has custody of the sealed records, and 3861
shall not contain the name of the crime committed. The index shall 3862
be made available by the person who has custody of the sealed 3863
records only for the purposes set forth in divisions (C), (D), and 3864
(E) of this section.3865

       (G) Notwithstanding any provision of this section or section 3866
2953.33 of the Revised Code that requires otherwise, a board of 3867
education of a city, local, exempted village, or joint vocational 3868
school district that maintains records of an individual who has 3869
been permanently excluded under sections 3301.121 and 3313.662 of 3870
the Revised Code is permitted to maintain records regarding a 3871
conviction that was used as the basis for the individual's 3872
permanent exclusion, regardless of a court order to seal the 3873
record. An order issued under this section to seal the record of a 3874
conviction does not revoke the adjudication order of the 3875
superintendent of public instruction to permanently exclude the 3876
individual who is the subject of the sealing order. An order 3877
issued under this section to seal the record of a conviction of an 3878
individual may be presented to a district superintendent as 3879
evidence to support the contention that the superintendent should 3880
recommend that the permanent exclusion of the individual who is 3881
the subject of the sealing order be revoked. Except as otherwise 3882
authorized by this division and sections 3301.121 and 3313.662 of 3883
the Revised Code, any school employee in possession of or having 3884
access to the sealed conviction records of an individual that were 3885
the basis of a permanent exclusion of the individual is subject to 3886
section 2953.35 of the Revised Code.3887

       (H) For purposes of sections 2953.31 to 2953.36 of the 3888
Revised Code, DNA records collected in the DNA database and 3889
fingerprints filed for record by the superintendent of the bureau 3890
of criminal identification and investigation shall not be sealed 3891
unless the superintendent receives a certified copy of a final 3892
court order establishing that the offender's conviction has been 3893
overturned. For purposes of this section, a court order is not 3894
"final" if time remains for an appeal or application for 3895
discretionary review with respect to the order.3896

       (I) The sealing of a record under this section does not 3897
affect the assessment of points under section 4510.036 of the 3898
Revised Code and does not erase points assessed against a person 3899
as a result of the sealed record.3900

       Sec. 2953.321.  (A) As used in this section, "investigatory 3901
work product" means any records or reports of a law enforcement 3902
officer or agency that are excepted from the definition of 3903
"official records" contained in section 2953.51 of the Revised 3904
Code and that pertain to a caseconviction or bail forfeiture the 3905
records of which have been ordered sealed pursuant to division 3906
(C)(2) of section 2953.32 of the Revised Code or that pertain to a 3907
conviction or delinquent child adjudication the records of which3908
have been ordered expunged pursuant to division (E) of section 3909
2151.358, division (D)(2) of section 2953.37, or division (G) of 3910
section 2953.38 of the Revised Code.3911

       (B) Upon the issuance of an order by a court pursuant to 3912
division (C)(2) of section 2953.32 of the Revised Code directing 3913
that all official records of a case pertaining to a case3914
conviction or bail forfeiture be sealed or an order by a court 3915
pursuant to division (E) of section 2151.358, division (D)(2) of 3916
section 2953.37, or division (G) of section 2953.38 of the Revised 3917
Code directing that all official records of a case pertaining to a 3918
caseconviction or delinquent child adjudication be expunged:3919

       (1) Every law enforcement officer who possesses investigatory 3920
work product immediately shall deliver that work product to the 3921
law enforcement officer's employing law enforcement agency.3922

       (2) Except as provided in division (B)(3) of this section, 3923
every law enforcement agency that possesses investigatory work 3924
product shall close that work product to all persons who are not 3925
directly employed by the law enforcement agency and shall treat 3926
that work product, in relation to all persons other than those who 3927
are directly employed by the law enforcement agency, as if it did 3928
not exist and never had existed.3929

       (3) A law enforcement agency that possesses investigatory 3930
work product may permit another law enforcement agency to use that 3931
work product in the investigation of another offense if the facts 3932
incident to the offense being investigated by the other law 3933
enforcement agency and the facts incident to an offense that is 3934
the subject of the case are reasonably similar. The agency that 3935
permits the use of investigatory work product may provide the 3936
other agency with the name of the person who is the subject of the 3937
case if it believes that the name of the person is necessary to 3938
the conduct of the investigation by the other agency.3939

       (C)(1) Except as provided in division (B)(3) of this section, 3940
no law enforcement officer or other person employed by a law 3941
enforcement agency shall knowingly release, disseminate, or 3942
otherwise make the investigatory work product or any information 3943
contained in that work product available to, or discuss any 3944
information contained in it with, any person not employed by the 3945
employing law enforcement agency.3946

       (2) No law enforcement agency, or person employed by a law 3947
enforcement agency, that receives investigatory work product 3948
pursuant to division (B)(3) of this section shall use that work 3949
product for any purpose other than the investigation of the 3950
offense for which it was obtained from the other law enforcement 3951
agency, or disclose the name of the person who is the subject of 3952
the work product except when necessary for the conduct of the 3953
investigation of the offense, or the prosecution of the person for 3954
committing the offense, for which it was obtained from the other 3955
law enforcement agency.3956

       (3) It is not a violation of division (C)(1) or (2) of this 3957
section for the bureau of criminal identification and 3958
investigation or any authorized employee of the bureau 3959
participating in the investigation of criminal activity to 3960
release, disseminate, or otherwise make available to, or discuss 3961
with, a person directly employed by a law enforcement agency DNA 3962
records collected in the DNA database or fingerprints filed for 3963
record by the superintendent of the bureau of criminal 3964
identification and investigation.3965

       (D) Whoever violates division (C)(1) or (2) of this section 3966
is guilty of divulging confidential investigatory work product, a 3967
misdemeanor of the fourth degree.3968

       Sec. 2953.35.  (A)(1) As used in divisions (A)(2) and (3) of 3969
this section, "law enforcement or justice system matter" means an 3970
arrest, complaint, indictment, trial, hearing, adjudication, 3971
conviction, or correctional supervision.3972

       (2) Except as authorized by divisions (D), (E), and (F) of 3973
section 2953.32 of the Revised Code or by Chapter 2950. of the 3974
Revised Code and subject to division (A)(3) of this section, any 3975
officer or employee of the state, or a political subdivision of 3976
the state, who releases or otherwise disseminates or makes 3977
available for any purpose involving employment, bonding, or 3978
licensing in connection with any business, trade, or profession to 3979
any person, or to any department, agency, or other instrumentality 3980
of the state, or any political subdivision of the state, any 3981
information or other data concerning any arrest, complaint, 3982
indictment, trial, hearing, adjudication, conviction, or 3983
correctional supervisionlaw enforcement or justice system matter3984
the records with respect to which the officer or employee had 3985
knowledge of were sealed by an existing order issued pursuant to 3986
sections 2953.31 to 2953.36 of the Revised Code, were expunged by 3987
an order issued pursuant to division (E) of section 2151.358, 3988
section 2953.37, or section 2953.38 of the Revised Code, or were 3989
expunged by an order issued pursuant to section 2953.42 of the 3990
Revised Code as it existed prior to June 29, 1988, is guilty of 3991
divulging confidential information, a misdemeanor of the fourth 3992
degree.3993

       (3) Division (A)(2) of this section does not apply to an 3994
officer or employee of the state, or a political subdivision of 3995
the state, who releases or otherwise disseminates or makes 3996
available for any purpose specified in that division any 3997
information or other data concerning a law enforcement or justice 3998
system matter the records of which the officer had knowledge were 3999
sealed or expunged by an order of a type described in that 4000
division, if all of the following apply:4001

       (a) The officer or employee released, disseminated, or made 4002
available the information or data from the sealed or expunged 4003
records together with information or data concerning another law 4004
enforcement or justice system matter.4005

       (b) The records of the other law enforcement or justice 4006
matter were not sealed or expunged by any order of a type 4007
described in division (A)(2) of this section.4008

       (c) The law enforcement or justice matter covered by the 4009
information or data from the sealed or expunged records and the 4010
other law enforcement or justice matter covered by the information 4011
or data from the records that were not sealed or expunged resulted 4012
from or were connected to the same act.4013

       (d) The officer or employee made a good faith effort to not 4014
release, disseminate, or make available any information or other 4015
data concerning any law enforcement or justice matter from the 4016
sealed or expunged records, and the officer or employee did not 4017
release, disseminate, or make available the information or other 4018
data from the sealed or expunged records with malicious purpose, 4019
in bad faith, or in a wanton or reckless manner.4020

       (B) Any person who, in violation of section 2953.32 of the 4021
Revised Code, uses, disseminates, or otherwise makes available any 4022
index prepared pursuant to division (F) of section 2953.32 of the 4023
Revised Code is guilty of a misdemeanor of the fourth degree.4024

       (C) It is not a violation of this section for the bureau of 4025
criminal identification and investigation or any authorized 4026
employee of the bureau participating in the investigation of 4027
criminal activity to release, disseminate, or otherwise make 4028
available to, or discuss with, a person directly employed by a law 4029
enforcement agency DNA records collected in the DNA database or 4030
fingerprints filed for record by the superintendent of the bureau 4031
of criminal identification and investigation.4032

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised 4033
Code do not apply to any of the following:4034

       (A) Convictions when the offender is subject to a mandatory 4035
prison term;4036

       (B) Convictions under section 2907.02, 2907.03, 2907.04, 4037
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 4038
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised 4039
Code, or a conviction for a violation of a municipal ordinance 4040
that is substantially similar to any section contained in any of 4041
those chapters, except as otherwise provided in section 2953.61 of 4042
the Revised Code;4043

       (C) Convictions of an offense of violence when the offense is 4044
a misdemeanor of the first degree or a felony and when the offense 4045
is not a violation of section 2917.03 of the Revised Code and is 4046
not a violation of section 2903.13, 2917.01, or 2917.31 of the 4047
Revised Code that is a misdemeanor of the first degree;4048

       (D) Convictions on or after October 10, 2007, under section 4049
2907.07 of the Revised Code or a conviction on or after October 4050
10, 2007, for a violation of a municipal ordinance that is 4051
substantially similar to that section; 4052

       (E) Convictions on or after October 10, 2007, under section 4053
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 4054
2907.32, or 2907.33 of the Revised Code when the victim of the 4055
offense was under eighteen years of age;4056

       (F) Convictions of an offense in circumstances in which the 4057
victim of the offense was under eighteen years of age when the 4058
offense is a misdemeanor of the first degree or a felony, except 4059
for convictions under section 2919.21 of the Revised Code;4060

       (G) Convictions of a felony of the first or second degree;4061

       (H) Bail forfeitures in a traffic case as defined in Traffic 4062
Rule 2.4063

       Sec. 2953.53.  (A) The court shall send notice of any order 4064
to seal official records issued pursuant to division (B)(3) of 4065
section 2953.52 of the Revised Code to the bureau of criminal 4066
identification and investigation and shall send notice of any 4067
order issued pursuant to division (B)(4) of that section to any 4068
public office or agency that the court knows or has reason to 4069
believe may have any record of the case, whether or not it is an 4070
official record, that is the subject of the order. The notice 4071
shall be sent by certified mail, return receipt requested.4072

       (B) A person whose official records have been sealed pursuant 4073
to an order issued pursuant to section 2953.52 of the Revised Code 4074
may present a copy of that order and a written request to comply 4075
with it, to a public office or agency that has a record of the 4076
case that is the subject of the order.4077

       (C) An order to seal official records issued pursuant to 4078
section 2953.52 of the Revised Code applies to every public office 4079
or agency that has a record of the case that is the subject of the 4080
order, regardless of whether it receives notice of the hearing on 4081
the application for the order to seal the official records or 4082
receives a copy of the order to seal the official records pursuant 4083
to division (A) or (B) of this section.4084

       (D) Upon receiving a copy of an order to seal official 4085
records pursuant to division (A) or (B) of this section or upon 4086
otherwise becoming aware of an applicable order to seal official 4087
records issued pursuant to section 2953.52 of the Revised Code, a 4088
public office or agency shall comply with the order and, if 4089
applicable, with the provisions of section 2953.54 of the Revised 4090
Code, except that it may maintain a record of the case that is the 4091
subject of the order if the record is maintained for the purpose 4092
of compiling statistical data only and does not contain any 4093
reference to the person who is the subject of the case and the 4094
order.4095

       A public office or agency also may maintain an index of 4096
sealed official records, in a form similar to that for sealed 4097
records of conviction as set forth in division (F) of section 4098
2953.32 of the Revised Code, access to which may not be afforded 4099
to any person other than the person who has custody of the sealed 4100
official records. The sealed official records to which such an 4101
index pertains shall not be available to any person, except that 4102
the official records of a case that have been sealed may be made 4103
available to the following persons for the following purposes:4104

       (1) To the person who is the subject of the records upon 4105
written application, and to any other person named in the 4106
application, for any purpose;4107

       (2) To a law enforcement officer who was involved in the 4108
case, for use in the officer's defense of a civil action arising 4109
out of the officer's involvement in that case;4110

       (3) To a prosecuting attorney or the prosecuting attorney's 4111
assistants to determine a defendant's eligibility to enter a 4112
pre-trial diversion program established pursuant to section 4113
2935.36 of the Revised Code;4114

       (4) To a prosecuting attorney or the prosecuting attorney's 4115
assistants to determine a defendant's eligibility to enter a 4116
pre-trial diversion program under division (E)(2)(b) of section 4117
4301.69 of the Revised Code.4118

       Sec. 2953.61. When(A) Except as provided in division (B) of 4119
this section, a person is charged with two or more offenses as a 4120
result of or in connection with the same act and at least one of 4121
the charges has a final disposition that is different than the 4122
final disposition of the other charges, the person may not apply 4123
to the court pursuant to section 2953.32 or 2953.52 of the Revised 4124
Code for the sealing of histhe person's record in relation to any 4125
of the casescharges when at least one of the charges has a final 4126
disposition that is different from the final disposition of the 4127
other charges until such time as hethe person would be able to 4128
apply to the court and have all of the records in all of the cases4129
pertaining to all of those charges sealed pursuant to divisions 4130
(A)(1) and (2) of section 2953.32 and divisions (A)(1) and (2) of 4131
sectionor 2953.52 of the Revised Code.4132

       (B) When a person is charged with two or more offenses as a 4133
result of or in connection with the same act and the final 4134
disposition of one, and only one, of the charges is a conviction 4135
under any section of Chapter 4507., 4510., 4511., or 4549., other 4136
than section 4511.19 or 4511.194 of the Revised Code, or under a 4137
municipal ordinance that is substantially similar to any section 4138
other than section 4511.19 or 4511.194 of the Revised Code 4139
contained in any of those chapters, and if the records pertaining 4140
to all the other charges would be eligible for sealing under 4141
section 2953.52 of the Revised Code in the absence of that 4142
conviction, the court may order that the records pertaining to all 4143
the charges be sealed. In such a case, the court shall not order 4144
that only a portion of the records be sealed.4145

       Sec. 2967.26.  (A)(1) The department of rehabilitation and 4146
correction, by rule, may establish a transitional control program 4147
for the purpose of closely monitoring a prisoner's adjustment to 4148
community supervision during the final one hundred eighty days of 4149
the prisoner's confinement. If the department establishes a 4150
transitional control program under this division, the division of 4151
parole and community services of the department of rehabilitation 4152
and correction may transfer eligible prisoners to transitional 4153
control status under the program during the final one hundred 4154
eighty days of their confinement and under the terms and 4155
conditions established by the department, shall provide for the 4156
confinement as provided in this division of each eligible prisoner 4157
so transferred, and shall supervise each eligible prisoner so 4158
transferred in one or more community control sanctions. Each 4159
eligible prisoner who is transferred to transitional control 4160
status under the program shall be confined in a suitable facility 4161
that is licensed pursuant to division (C) of section 2967.14 of 4162
the Revised Code, or shall be confined in a residence the 4163
department has approved for this purpose and be monitored pursuant 4164
to an electronic monitoring device, as defined in section 2929.01 4165
of the Revised Code. If the department establishes a transitional 4166
control program under this division, the rules establishing the 4167
program shall include criteria that define which prisoners are 4168
eligible for the program, criteria that must be satisfied to be 4169
approved as a residence that may be used for confinement under the 4170
program of a prisoner that is transferred to it and procedures for 4171
the department to approve residences that satisfy those criteria, 4172
and provisions of the type described in division (C) of this 4173
section. At a minimum, the criteria that define which prisoners 4174
are eligible for the program shall provide all of the following:4175

       (a) That a prisoner is eligible for the program if the 4176
prisoner is serving a prison term or term of imprisonment for an 4177
offense committed prior to March 17, 1998, and if, at the time at 4178
which eligibility is being determined, the prisoner would have 4179
been eligible for a furlough under this section as it existed 4180
immediately prior to March 17, 1998, or would have been eligible 4181
for conditional release under former section 2967.23 of the 4182
Revised Code as that section existed immediately prior to March 4183
17, 1998;4184

       (b) That no prisoner who is serving a mandatory prison term 4185
is eligible for the program until after expiration of the 4186
mandatory term;4187

       (c) That no prisoner who is serving a prison term or term of 4188
life imprisonment without parole imposed pursuant to section 4189
2971.03 of the Revised Code is eligible for the program.4190

       (2) At least sixty days prior to transferring to transitional 4191
control under this section a prisoner who is serving a term of 4192
imprisonment or prison term of two years or less for an offense 4193
committed on or after July 1, 1996, the division of parole and 4194
community services of the department of rehabilitation and 4195
correction shall give notice of the pendency of the transfer to 4196
transitional control to the court of common pleas of the county in 4197
which the indictment against the prisoner was found and of the 4198
fact that the court may disapprove the transfer of the prisoner to 4199
transitional control and shall include the institutional summary 4200
report prepared by the head of the state correctional institution 4201
in which the prisoner is confined. The head of the state 4202
correctional institution in which the prisoner is confined, upon 4203
the request of the division of parole and community services, 4204
shall provide to the division for inclusion in the notice sent to 4205
the court under this division an institutional summary report on 4206
the prisoner's conduct in the institution and in any institution 4207
from which the prisoner may have been transferred. The 4208
institutional summary report shall cover the prisoner's 4209
participation in school, vocational training, work, treatment, and 4210
other rehabilitative activities and any disciplinary action taken 4211
against the prisoner. If the court disapproves of the transfer of 4212
the prisoner to transitional control, the court shall notify the 4213
division of the disapproval within thirty days after receipt of 4214
the notice. If the court timely disapproves the transfer of the 4215
prisoner to transitional control, the division shall not proceed 4216
with the transfer. If the court does not timely disapprove the 4217
transfer of the prisoner to transitional control, the division may 4218
transfer the prisoner to transitional control.4219

       (3)(a) If the victim of an offense for which a prisoner was 4220
sentenced to a prison term or term of imprisonment has requested 4221
notification under section 2930.16 of the Revised Code and has 4222
provided the department of rehabilitation and correction with the 4223
victim's name and address or if division (A)(3)(b) of this section 4224
applies, the division of parole and community services, at least 4225
sixty days prior to transferring the prisoner to transitional 4226
control pursuant to this section, shall notify the victim of the 4227
pendency of the transfer and of the victim's right to submit a 4228
statement to the division regarding the impact of the transfer of 4229
the prisoner to transitional control. If the victim subsequently 4230
submits a statement of that nature to the division, the division 4231
shall consider the statement in deciding whether to transfer the 4232
prisoner to transitional control.4233

       (b) If a prisoner is incarcerated for the commission of 4234
aggravated murder, murder, or an offense of violence that is a 4235
felony of the first, second, or third degree or under a sentence 4236
of life imprisonment, except as otherwise provided in this 4237
division, the notice described in division (A)(3)(a) of this 4238
section shall be given regardless of whether the victim has 4239
requested the notification. The notice described in division 4240
(A)(3)(a) of this section shall not be given under this division 4241
to a victim if the victim has requested pursuant to division 4242
(B)(2) of section 2930.03 of the Revised Code that the victim not 4243
be provided the notice. If notice is to be provided to a victim 4244
under this division, the authority may give the notice by any 4245
reasonable means, including regular mail, telephone, and 4246
electronic mail, in accordance with division (D)(1) of section 4247
2930.16 of the Revised Code. If the notice is based on an offense 4248
committed prior to the effective date of this amendmentMarch 22, 4249
2013, the notice also shall include the opt-out information 4250
described in division (D)(1) of section 2930.16 of the Revised 4251
Code. The authority, in accordance with division (D)(2) of section 4252
2930.16 of the Revised Code, shall keep a record of all attempts 4253
to provide the notice, and of all notices provided, under this 4254
division.4255

        Division (A)(3)(b) of this section, and the notice-related 4256
provisions of divisions (E)(2) and (K) of section 2929.20, 4257
division (D)(1) of section 2930.16, division (H) of section 4258
2967.12, division (E)(1)(b) of section 2967.19, division (D)(1) of 4259
section 2967.28, and division (A)(2) of section 5149.101 of the 4260
Revised Code enacted in the act in which division (A)(3)(b) of 4261
this section was enacted, shall be known as "Roberta's Law."4262

       (4) The department of rehabilitation and correction, at least 4263
sixty days prior to transferring a prisoner to transitional 4264
control pursuant to this section, shall post on the database it 4265
maintains pursuant to section 5120.66 of the Revised Code the 4266
prisoner's name and all of the information specified in division 4267
(A)(1)(c)(iv) of that section. In addition to and independent of 4268
the right of a victim to submit a statement as described in 4269
division (A)(3) of this section or to otherwise make a statement 4270
and in addition to and independent of any other right or duty of a 4271
person to present information or make a statement, any person may 4272
send to the division of parole and community services at any time 4273
prior to the division's transfer of the prisoner to transitional 4274
control a written statement regarding the transfer of the prisoner 4275
to transitional control. In addition to the information, reports, 4276
and statements it considers under divisions (A)(2) and (3) of this 4277
section or that it otherwise considers, the division shall 4278
consider each statement submitted in accordance with this division 4279
in deciding whether to transfer the prisoner to transitional 4280
control.4281

       (B) Each prisoner transferred to transitional control under 4282
this section shall be confined in the manner described in division 4283
(A) of this section during any period of time that the prisoner is 4284
not actually working at the prisoner's approved employment, 4285
engaged in a vocational training or another educational program, 4286
engaged in another program designated by the director, or engaged 4287
in other activities approved by the department.4288

       (C) The department of rehabilitation and correction shall 4289
adopt rules for transferring eligible prisoners to transitional 4290
control, supervising and confining prisoners so transferred, 4291
administering the transitional control program in accordance with 4292
this section, and using the moneys deposited into the transitional 4293
control fund established under division (E) of this section.4294

       (D) The department of rehabilitation and correction may adopt 4295
rules for the issuance of passes for the limited purposes 4296
described in this division to prisoners who are transferred to 4297
transitional control under this section. If the department adopts 4298
rules of that nature, the rules shall govern the granting of the 4299
passes and shall provide for the supervision of prisoners who are 4300
temporarily released pursuant to one of those passes. Upon the 4301
adoption of rules under this division, the department may issue 4302
passes to prisoners who are transferred to transitional control 4303
status under this section in accordance with the rules and the 4304
provisions of this division. All passes issued under this division 4305
shall be for a maximum of forty-eight hours and may be issued only 4306
for the following purposes:4307

       (1) To visit a relative in imminent danger of death;4308

       (2) To have a private viewing of the body of a deceased 4309
relative;4310

       (3) To visit with family;4311

       (4) To otherwise aid in the rehabilitation of the prisoner.4312

       (E) The division of parole and community services may require 4313
a prisoner who is transferred to transitional control to pay to 4314
the division the reasonable expenses incurred by the division in 4315
supervising or confining the prisoner while under transitional 4316
control. Inability to pay those reasonable expenses shall not be 4317
grounds for refusing to transfer an otherwise eligible prisoner to 4318
transitional control. Amounts received by the division of parole 4319
and community services under this division shall be deposited into 4320
the transitional control fund, which is hereby created in the 4321
state treasury and which hereby replaces and succeeds the furlough 4322
services fund that formerly existed in the state treasury. All 4323
moneys that remain in the furlough services fund on March 17, 4324
1998, shall be transferred on that date to the transitional 4325
control fund. The transitional control fund shall be used solely 4326
to pay costs related to the operation of the transitional control 4327
program established under this section. The director of 4328
rehabilitation and correction shall adopt rules in accordance with 4329
section 111.15 of the Revised Code for the use of the fund.4330

       (F) A prisoner who violates any rule established by the 4331
department of rehabilitation and correction under division (A), 4332
(C), or (D) of this section may be transferred to a state 4333
correctional institution pursuant to rules adopted under division 4334
(A), (C), or (D) of this section, but the prisoner shall receive 4335
credit towards completing the prisoner's sentence for the time 4336
spent under transitional control.4337

       If a prisoner is transferred to transitional control under 4338
this section, upon successful completion of the period of 4339
transitional control, the prisoner may be released on parole or 4340
under post-release control pursuant to section 2967.13 or 2967.28 4341
of the Revised Code and rules adopted by the department of 4342
rehabilitation and correction. If the prisoner is released under 4343
post-release control, the duration of the post-release control, 4344
the type of post-release control sanctions that may be imposed, 4345
the enforcement of the sanctions, and the treatment of prisoners 4346
who violate any sanction applicable to the prisoner are governed 4347
by section 2967.28 of the Revised Code.4348

       Sec. 4510.111.  (A) No person shall operate any motor vehicle 4349
upon a highway or any public or private property used by the 4350
public for purposes of vehicular travel or parking in this state 4351
whose driver's or commercial driver's license has been suspended 4352
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4353
4510.032, 4510.22, or 4510.33 of the Revised Code.4354

       (B) Upon the request or motion of the prosecuting authority, 4355
a noncertified copy of the law enforcement automated data system 4356
report or a noncertified copy of a record of the registrar of 4357
motor vehicles that shows the name, date of birth, and social 4358
security number of a person charged with a violation of division 4359
(A) of this section may be admitted into evidence as prima-facie 4360
evidence that the license of the person was under suspension at 4361
the time of the alleged violation of division (A) of this section. 4362
The person charged with a violation of division (A) of this 4363
section may offer evidence to rebut this prima-facie evidence.4364

       (C) Whoever violates division (A) of this section is guilty 4365
of driving under suspension, and shall be punished as provided in 4366
division (D)(C)(1) or (2) of this section.4367

       (1) Except as otherwise provided in division (D)(C)(2) of 4368
this section, the offense is an unclassified misdemeanor. The 4369
offender shall be sentenced pursuant to sections 2929.21 to 4370
2929.28 of the Revised Code, except that the offender shall not be 4371
sentenced to a jail term; the offender shall not be sentenced to a 4372
community residential sanction pursuant to section 2929.26 of the 4373
Revised Code; notwithstanding division (A)(2)(a) of section 4374
2929.28 of the Revised Code, the offender may be fined up to one 4375
thousand dollars; and, notwithstanding division (A)(3) of section 4376
2929.27 of the Revised Code, the offender may be ordered pursuant 4377
to division (C) of that section to serve a term of community 4378
service of up to five hundred hours. The failure of an offender to 4379
complete a term of community service imposed by the court may be 4380
punished as indirect criminal contempt under division (A) of 4381
section 2705.02 of the Revised Code that may be filed in the 4382
underlying case.4383

       (2) If, within three years of the offense, the offender 4384
previously was convicted of or pleaded guilty to two or more 4385
violations of division (A) of this section, or any combination of 4386
two or more violations of division (A) ) of this section or 4387
section 4510.11 or 4510.16 of the Revised Code, or a substantially 4388
equivalent municipal ordinance, the offense is a misdemeanor of 4389
the fourth degree, and the offender shall provide the court with 4390
proof of financial responsibility as defined in section 4509.01 of 4391
the Revised Code. If the offender fails to provide that proof of 4392
financial responsibility, then in addition to any other penalties 4393
provided by law, the court may order restitution pursuant to 4394
section 2929.28 of the Revised Code in an amount not exceeding 4395
five thousand dollars for any economic loss arising from an 4396
accident or collision that was the direct and proximate result of 4397
the offender's operation of the vehicle before, during, or after 4398
committing the offense for which the offender is sentenced under 4399
this section. 4400

       Sec. 4510.16.  (A) No person, whose driver's or commercial 4401
driver's license or temporary instruction permit or nonresident's 4402
operating privilege has been suspended or canceled pursuant to 4403
Chapter 4509. of the Revised Code, shall operate any motor vehicle 4404
within this state, or knowingly permit any motor vehicle owned by 4405
the person to be operated by another person in the state, during 4406
the period of the suspension or cancellation, except as 4407
specifically authorized by Chapter 4509. of the Revised Code. No 4408
person shall operate a motor vehicle within this state, or 4409
knowingly permit any motor vehicle owned by the person to be 4410
operated by another person in the state, during the period in 4411
which the person is required by section 4509.45 of the Revised 4412
Code to file and maintain proof of financial responsibility for a 4413
violation of section 4509.101 of the Revised Code, unless proof of 4414
financial responsibility is maintained with respect to that 4415
vehicle.4416

       (B) No person shall operate any motor vehicle upon a highway 4417
or any public or private property used by the public for purposes 4418
of vehicular travel or parking in this state if the person's 4419
driver's or commercial driver's license or temporary instruction 4420
permit or nonresident operating privilege has been suspended 4421
pursuant to section 4509.37 or 4509.40 of the Revised Code for 4422
nonpayment of a judgment.4423

       (C) Upon the request or motion of the prosecuting authority, 4424
a noncertified copy of the law enforcement automated data system 4425
report or a noncertified copy of a record of the registrar of 4426
motor vehicles that shows the name, date of birth, and social 4427
security number of a person charged with a violation of division 4428
(A) or (B) of this section may be admitted into evidence as 4429
prima-facie evidence that the license of the person was under 4430
either a financial responsibility law suspension at the time of 4431
the alleged violation of division (A) of this section or a 4432
nonpayment of judgment suspension at the time of the alleged 4433
violation of division (B) of this section. The person charged with 4434
a violation of division (A) or (B) of this section may offer 4435
evidence to rebut this prima-facie evidence.4436

       (D) Whoever violates division (A) of this section is guilty 4437
of driving under financial responsibility law suspension or 4438
cancellation and shall be punished as provided in divisions (D) to 4439
(I) of this section. Whoever violates division (B) of this section 4440
is guilty of driving under a nonpayment of judgment suspension and 4441
shall be punished as provided in divisions (D) to (I) of this 4442
section. 4443

       (1) Except as otherwise provided in division (D)(2) of this 4444
section, the offense is an unclassified misdemeanor. When the 4445
offense is an unclassified misdemeanor, the offender shall be 4446
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised 4447
Code, except that the offender shall not be sentenced to a jail 4448
term; the offender shall not be sentenced to a community 4449
residential sanction pursuant to section 2929.26 of the Revised 4450
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the 4451
Revised Code, the offender may be fined up to one thousand 4452
dollars; and, notwithstanding division (A)(3) of section 2929.27 4453
of the Revised Code, the offender may be ordered pursuant to 4454
division (C) of that section to serve a term of community service 4455
of up to five hundred hours. The failure of an offender to 4456
complete a term of community service imposed by the court may be 4457
punished as indirect criminal contempt under division (A) of 4458
section 2705.02 of the Revised Code that may be filed in the 4459
underlying case.4460

       (2) If, within three years of the offense, the offender 4461
previously was convicted of or pleaded guilty to two or more 4462
violations of this section, or any combination of two violations 4463
of this section or section 4510.11 or 4510.111 of the Revised 4464
Code, or a substantially equivalent municipal ordinance, the 4465
offense is a misdemeanor of the fourth degree. 4466

       (3) The offender shall provide the court with proof of 4467
financial responsibility as defined in section 4509.01 of the 4468
Revised Code. If the offender fails to provide that proof of 4469
financial responsibility, then in addition to any other penalties 4470
provided by law, the court may order restitution pursuant to 4471
section 2929.28 of the Revised Code in an amount not exceeding 4472
five thousand dollars for any economic loss arising from an 4473
accident or collision that was the direct and proximate result of 4474
the offender's operation of the vehicle before, during, or after 4475
committing the offense for which the offender is sentenced under 4476
this section.4477

       Sec. 5120.07.  (A) There is hereby created the ex-offender 4478
reentry coalition consisting of the following seventeen members or 4479
their designees:4480

       (1) The director of rehabilitation and correction;4481

       (2) The director of aging;4482

       (3) The director of mental health and addiction services;4483

       (4) The director of development services;4484

       (5) The superintendent of public instruction;4485

       (6) The director of health;4486

       (7) The director of job and family services;4487

       (8) The director of developmental disabilities;4488

       (9) The director of public safety;4489

       (10) The director of youth services;4490

       (11) The chancellor of the Ohio board of regents;4491

       (12) A representative or member of the governor's staff;4492

       (13) The executive director of the opportunities for Ohioans 4493
with disabilities agency;4494

       (14) The director of the department of commerce;4495

       (15) The executive director of a health care licensing board 4496
created under Title XLVII of the Revised Code, as appointed by the 4497
chairperson of the coalition;4498

       (16) The director of veterans services;4499

       (17) An ex-offender appointed by the director of 4500
rehabilitation and correction.4501

       (B) The members of the coalition shall serve without 4502
compensation. The director of rehabilitation and correction or the 4503
director's designee shall be the chairperson of the coalition.4504

       (C) In consultation with persons interested and involved in 4505
the reentry of ex-offenders into the community, including but not 4506
limited to, services providers, community-based organizations, and 4507
local governments, the coalition shall identify and examine social 4508
service barriers and other obstacles to the reentry of 4509
ex-offenders into the community. Not later than one year after 4510
April 7, 2009, and on or before the same date of each year 4511
thereafter, the coalition shall submit to the speaker of the house 4512
of representatives and the president of the senate a report, 4513
including recommendations for legislative action, the activities 4514
of the coalition, and the barriers affecting the successful 4515
reentry of ex-offenders into the community. The report shall 4516
analyze the effects of those barriers on ex-offenders and on their 4517
children and other family members in various areas, including but 4518
not limited to, the following:4519

       (1) Admission to public and other housing;4520

       (2) Child support obligations and procedures;4521

       (3) Parental incarceration and family reunification;4522

       (4) Social security benefits, veterans' benefits, food 4523
stamps, and other forms of public assistance;4524

       (5) Employment;4525

       (6) Education programs and financial assistance;4526

       (7) Substance abuse and sex offender treatment programs and 4527
financial assistance and mental health services and financial 4528
assistance;4529

       (8) Civic and political participation;4530

       (9) Other collateral consequences under the Revised Code or 4531
the Ohio administrative code law that may result from a criminal 4532
conviction.4533

       (D)(1) The report shall also include the following 4534
information:4535

       (a) Identification of state appropriations for reentry 4536
programs;4537

       (b) Identification of other funding sources for reentry 4538
programs that are not funded by the state;4539

       (2) The coalition shall gather information about reentry 4540
programs in a repository maintained and made available by the 4541
coalition. Where available, the information shall include the 4542
following:4543

       (a) The amount of funding received;4544

       (b) The number of program participants;4545

       (c) The composition of the program, including program goals, 4546
methods for measuring success, and program success rate;4547

       (d) The type of post-program tracking that is utilized;4548

       (e) Information about employment rates and recidivism rates 4549
of ex-offenders.4550

       (E) The coalition shall cease to exist on December 31, 20144551
2019.4552

       Sec. 5120.651.  An inmate is eligible to participate in the 4553
prison nursery program if she is pregnant at the time she is 4554
delivered into the custody of the department of rehabilitation and 4555
correction, she gives birth on or after the date the program is 4556
implemented, she is subject to a sentence of imprisonment of not 4557
more than eighteen monthsthree years, and she and the child meet 4558
any other criteria established by the department.4559

       Sec. 5139.01.  (A) As used in this chapter:4560

       (1) "Commitment" means the transfer of the physical custody 4561
of a child or youth from the court to the department of youth 4562
services.4563

       (2) "Permanent commitment" means a commitment that vests 4564
legal custody of a child in the department of youth services.4565

       (3) "Legal custody," insofar as it pertains to the status 4566
that is created when a child is permanently committed to the 4567
department of youth services, means a legal status in which the 4568
department has the following rights and responsibilities: the 4569
right to have physical possession of the child; the right and duty 4570
to train, protect, and control the child; the responsibility to 4571
provide the child with food, clothing, shelter, education, and 4572
medical care; and the right to determine where and with whom the 4573
child shall live, subject to the minimum periods of, or periods 4574
of, institutional care prescribed in sections 2152.13 to 2152.18 4575
of the Revised Code; provided, that these rights and 4576
responsibilities are exercised subject to the powers, rights, 4577
duties, and responsibilities of the guardian of the person of the 4578
child, and subject to any residual parental rights and 4579
responsibilities.4580

       (4) Unless the context requires a different meaning, 4581
"institution" means a state facility that is created by the 4582
general assembly and that is under the management and control of 4583
the department of youth services or a private entity with which 4584
the department has contracted for the institutional care and 4585
custody of felony delinquents.4586

       (5) "Full-time care" means care for twenty-four hours a day 4587
for over a period of at least two consecutive weeks.4588

       (6) "Placement" means the conditional release of a child 4589
under the terms and conditions that are specified by the 4590
department of youth services. The department shall retain legal 4591
custody of a child released pursuant to division (C) of section 4592
2152.22 of the Revised Code or division (C) of section 5139.06 of 4593
the Revised Code until the time that it discharges the child or 4594
until the legal custody is terminated as otherwise provided by 4595
law.4596

       (7) "Home placement" means the placement of a child in the 4597
home of the child's parent or parents or in the home of the 4598
guardian of the child's person.4599

       (8) "Discharge" means that the department of youth services' 4600
legal custody of a child is terminated.4601

       (9) "Release" means the termination of a child's stay in an 4602
institution and the subsequent period during which the child 4603
returns to the community under the terms and conditions of 4604
supervised release.4605

       (10) "Delinquent child" has the same meaning as in section 4606
2152.02 of the Revised Code.4607

       (11) "Felony delinquent" means any child who is at least ten 4608
years of age but less than eighteen years of age and who is 4609
adjudicated a delinquent child for having committed an act that if 4610
committed by an adult would be a felony. "Felony delinquent" 4611
includes any adult who is between the ages of eighteen and 4612
twenty-one and who is in the legal custody of the department of 4613
youth services for having committed an act that if committed by an 4614
adult would be a felony.4615

       (12) "Juvenile traffic offender" has the same meaning as in 4616
section 2152.02 of the Revised Code.4617

       (13) "Public safety beds" means all of the following:4618

       (a) Felony delinquents who have been committed to the 4619
department of youth services for the commission of an act, other 4620
than a violation of section 2911.01 or 2911.11 of the Revised 4621
Code, that is a category one offense or a category two offense and 4622
who are in the care and custody of an institution or have been 4623
diverted from care and custody in an institution and placed in a 4624
community corrections facility;4625

       (b) Felony delinquents who, while committed to the department 4626
of youth services and in the care and custody of an institution or 4627
a community corrections facility, are adjudicated delinquent 4628
children for having committed in that institution or community 4629
corrections facility an act that if committed by an adult would be 4630
a misdemeanor or a felony;4631

       (c) Children who satisfy all of the following:4632

       (i) They are at least ten years of age but less than eighteen 4633
years of age.4634

       (ii) They are adjudicated delinquent children for having 4635
committed acts that if committed by an adult would be a felony.4636

       (iii) They are committed to the department of youth services 4637
by the juvenile court of a county that has had one-tenth of one 4638
per cent or less of the statewide adjudications for felony 4639
delinquents as averaged for the past four fiscal years.4640

       (iv) They are in the care and custody of an institution or a 4641
community corrections facility.4642

       (d) Felony delinquents who, while committed to the department 4643
of youth services and in the care and custody of an institution 4644
are serving disciplinary time for having committed an act 4645
described in division (A)(18)(a), (b), or (c) of this section, and 4646
who have been institutionalized or institutionalized in a secure 4647
facility for the minimum period of time specified in divisions 4648
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.4649

       (e) Felony delinquents who are subject to and serving a 4650
three-year period of commitment order imposed by a juvenile court 4651
pursuant to divisions (A) and (B) of section 2152.17 of the 4652
Revised Code for an act, other than a violation of section 2911.11 4653
of the Revised Code, that would be a category one offense or 4654
category two offense if committed by an adult.4655

       (f) Felony delinquents who are described in divisions 4656
(A)(13)(a) to (e) of this section, who have been granted a 4657
judicial release to court supervision under division (B) or (D) of 4658
section 2152.22 of the Revised Code or a judicial release to the 4659
department of youth services supervision under division (C) or (D) 4660
of that section from the commitment to the department of youth 4661
services for the act described in divisions (A)(13)(a) to (e) of 4662
this section, who have violated the terms and conditions of that 4663
release, and who, pursuant to an order of the court of the county 4664
in which the particular felony delinquent was placed on release 4665
that is issued pursuant to division (E) of section 2152.22 of the 4666
Revised Code, have been returned to the department for 4667
institutionalization or institutionalization in a secure facility.4668

       (g) Felony delinquents who have been committed to the custody 4669
of the department of youth services, who have been granted 4670
supervised release from the commitment pursuant to section 5139.51 4671
of the Revised Code, who have violated the terms and conditions of 4672
that supervised release, and who, pursuant to an order of the 4673
court of the county in which the particular child was placed on 4674
supervised release issued pursuant to division (F) of section 4675
5139.52 of the Revised Code, have had the supervised release 4676
revoked and have been returned to the department for 4677
institutionalization. A felony delinquent described in this 4678
division shall be a public safety bed only for the time during 4679
which the felony delinquent is institutionalized as a result of 4680
the revocation subsequent to the initial thirty-dayninety-day4681
period of institutionalization required by division (F) of section 4682
5139.52 of the Revised Code.4683

       (14) Unless the context requires a different meaning, 4684
"community corrections facility" means a county or multicounty 4685
rehabilitation center for felony delinquents who have been 4686
committed to the department of youth services and diverted from 4687
care and custody in an institution and placed in the 4688
rehabilitation center pursuant to division (E) of section 5139.36 4689
of the Revised Code.4690

       (15) "Secure facility" means any facility that is designed 4691
and operated to ensure that all of its entrances and exits are 4692
under the exclusive control of its staff and to ensure that, 4693
because of that exclusive control, no child who has been 4694
institutionalized in the facility may leave the facility without 4695
permission or supervision.4696

       (16) "Community residential program" means a program that 4697
satisfies both of the following:4698

       (a) It is housed in a building or other structure that has no 4699
associated major restraining construction, including, but not 4700
limited to, a security fence.4701

       (b) It provides twenty-four-hour care, supervision, and 4702
programs for felony delinquents who are in residence.4703

       (17) "Category one offense" and "category two offense" have 4704
the same meanings as in section 2151.26 of the Revised Code.4705

       (18) "Disciplinary time" means additional time that the 4706
department of youth services requires a felony delinquent to serve 4707
in an institution, that delays the felony delinquent's planned 4708
release, and that the department imposes upon the felony 4709
delinquent following the conduct of an internal due process 4710
hearing for having committed any of the following acts while 4711
committed to the department and in the care and custody of an 4712
institution:4713

       (a) An act that if committed by an adult would be a felony;4714

       (b) An act that if committed by an adult would be a 4715
misdemeanor;4716

       (c) An act that is not described in division (A)(18)(a) or 4717
(b) of this section and that violates an institutional rule of 4718
conduct of the department.4719

       (19) "Unruly child" has the same meaning as in section 4720
2151.022 of the Revised Code.4721

       (20) "Revocation" means the act of revoking a child's 4722
supervised release for a violation of a term or condition of the 4723
child's supervised release in accordance with section 5139.52 of 4724
the Revised Code.4725

       (21) "Release authority" means the release authority of the 4726
department of youth services that is established by section 4727
5139.50 of the Revised Code.4728

       (22) "Supervised release" means the event of the release of a 4729
child under this chapter from an institution and the period after 4730
that release during which the child is supervised and assisted by 4731
an employee of the department of youth services under specific 4732
terms and conditions for reintegration of the child into the 4733
community.4734

       (23) "Victim" means the person identified in a police report, 4735
complaint, or information as the victim of an act that would have 4736
been a criminal offense if committed by an adult and that provided 4737
the basis for adjudication proceedings resulting in a child's 4738
commitment to the legal custody of the department of youth 4739
services.4740

       (24) "Victim's representative" means a member of the victim's 4741
family or another person whom the victim or another authorized 4742
person designates in writing, pursuant to section 5139.56 of the 4743
Revised Code, to represent the victim with respect to proceedings 4744
of the release authority of the department of youth services and 4745
with respect to other matters specified in that section.4746

       (25) "Member of the victim's family" means a spouse, child, 4747
stepchild, sibling, parent, stepparent, grandparent, other 4748
relative, or legal guardian of a child but does not include a 4749
person charged with, convicted of, or adjudicated a delinquent 4750
child for committing a criminal or delinquent act against the 4751
victim or another criminal or delinquent act arising out of the 4752
same conduct, criminal or delinquent episode, or plan as the 4753
criminal or delinquent act committed against the victim.4754

       (26) "Judicial release to court supervision" means a release 4755
of a child from institutional care or institutional care in a 4756
secure facility that is granted by a court pursuant to division 4757
(B) of section 2152.22 of the Revised Code during the period 4758
specified in that division or that is granted by a court to court 4759
supervision pursuant to division (D) of that section during the 4760
period specified in that division.4761

       (27) "Judicial release to department of youth services 4762
supervision" means a release of a child from institutional care or 4763
institutional care in a secure facility that is granted by a court 4764
pursuant to division (C) of section 2152.22 of the Revised Code 4765
during the period specified in that division or that is granted to 4766
department supervision by a court pursuant to division (D) of that 4767
section during the period specified in that division.4768

       (28) "Juvenile justice system" includes all of the functions 4769
of the juvenile courts, the department of youth services, any 4770
public or private agency whose purposes include the prevention of 4771
delinquency or the diversion, adjudication, detention, or 4772
rehabilitation of delinquent children, and any of the functions of 4773
the criminal justice system that are applicable to children.4774

       (29) "Metropolitan county criminal justice services agency" 4775
means an agency that is established pursuant to division (A) of 4776
section 5502.64 of the Revised Code.4777

       (30) "Administrative planning district" means a district that 4778
is established pursuant to division (A) or (B) of section 5502.66 4779
of the Revised Code.4780

       (31) "Criminal justice coordinating council" means a criminal 4781
justice services agency that is established pursuant to division 4782
(D) of section 5502.66 of the Revised Code.4783

       (32) "Comprehensive plan" means a document that coordinates, 4784
evaluates, and otherwise assists, on an annual or multi-year 4785
basis, all of the functions of the juvenile justice systems of the 4786
state or a specified area of the state, that conforms to the 4787
priorities of the state with respect to juvenile justice systems, 4788
and that conforms with the requirements of all federal criminal 4789
justice acts. These functions include, but are not limited to, all 4790
of the following:4791

       (a) Delinquency;4792

       (b) Identification, detection, apprehension, and detention of 4793
persons charged with delinquent acts;4794

       (c) Assistance to crime victims or witnesses, except that the 4795
comprehensive plan does not include the functions of the attorney 4796
general pursuant to sections 109.91 and 109.92 of the Revised 4797
Code;4798

       (d) Adjudication or diversion of persons charged with 4799
delinquent acts;4800

       (e) Custodial treatment of delinquent children;4801

       (f) Institutional and noninstitutional rehabilitation of 4802
delinquent children.4803

       (B) There is hereby created the department of youth services. 4804
The governor shall appoint the director of the department with the 4805
advice and consent of the senate. The director shall hold office 4806
during the term of the appointing governor but subject to removal 4807
at the pleasure of the governor. Except as otherwise authorized in 4808
section 108.05 of the Revised Code, the director shall devote the 4809
director's entire time to the duties of the director's office and 4810
shall hold no other office or position of trust or profit during 4811
the director's term of office.4812

       The director is the chief executive and administrative 4813
officer of the department and has all the powers of a department 4814
head set forth in Chapter 121. of the Revised Code. The director 4815
may adopt rules for the government of the department, the conduct 4816
of its officers and employees, the performance of its business, 4817
and the custody, use, and preservation of the department's 4818
records, papers, books, documents, and property. The director 4819
shall be an appointing authority within the meaning of Chapter 4820
124. of the Revised Code. Whenever this or any other chapter or 4821
section of the Revised Code imposes a duty on or requires an 4822
action of the department, the duty or action shall be performed by 4823
the director or, upon the director's order, in the name of the 4824
department.4825

       Sec. 5139.52.  (A) At any time during a child's supervised 4826
release or during the period of a child's judicial release to 4827
department of youth services supervision, if the regional 4828
administrator or the employee of the department assigned to 4829
supervise and assist the child has reasonable grounds to believe 4830
that the child has violated a term or condition of the supervised 4831
release or judicial release, the administrator or employee may 4832
request a court to issue a summons that requires the child to 4833
appear for a hearing to answer charges of the alleged violation. 4834
The summons shall contain a brief statement of the alleged 4835
violation, including the date and place of the violation, and 4836
shall require the child to appear for a hearing before the court 4837
at a specific date, time, and place.4838

       (B)(1) At any time while a child is on supervised release or 4839
during the period of a child's judicial release to department of 4840
youth services supervision, a regional administrator or a designee 4841
of a regional administrator, upon application of the employee of 4842
the department assigned to supervise and assist the child as 4843
described in this division, may issue, or cause to be issued, an 4844
order of apprehension for the arrest of the child for the alleged 4845
violation of a term or condition of the child's supervised release 4846
or judicial release. An application requesting an order of 4847
apprehension shall set forth that, in the good faith judgment of 4848
the employee of the department assigned to supervise and assist 4849
the child making the application, there is reasonable cause to 4850
believe that the child who is on supervised release or judicial 4851
release to department of youth services supervision has violated 4852
or is violating a term or condition of the child's supervised 4853
release or judicial release, shall state the basis for that 4854
belief, and shall request that the child be taken to an 4855
appropriate place of secure detention pending a probable cause 4856
determination. As an alternative to an order of apprehension for 4857
the child, a regional administrator or the employee of the 4858
department assigned to supervise and assist the child may request 4859
a court to issue a warrant for the arrest of the child.4860

       Subject to the provision of prior notice required by division 4861
(D)(1) of this section, if a regional administrator or a designee 4862
of a regional administrator issues, in writing, an order of 4863
apprehension for the arrest of a child, a staff member of the 4864
department of youth services who has been designated pursuant to 4865
division (A)(1) of section 5139.53 of the Revised Code as being 4866
authorized to arrest and who has received the training described 4867
in division (B)(1) of that section, or a peace officer, as defined 4868
in section 2935.01 of the Revised Code, may arrest the child, 4869
without a warrant, and place the child in secure detention in 4870
accordance with this section.4871

       If a child is on supervised release or judicial release to 4872
department of youth services supervision, any peace officer, as 4873
defined in section 2935.01 of the Revised Code, may arrest the 4874
child without a warrant or order of apprehension if the peace 4875
officer has reasonable grounds to believe that the child has 4876
violated or is violating any of the following that has been 4877
prescribed by the release authority or department of youth 4878
services relative to the child:4879

       (a) A condition that prohibits the child's ownership, 4880
possession, or use of a firearm, deadly weapon, ammunition, or 4881
dangerous ordnance, all as defined in section 2923.11 of the 4882
Revised Code;4883

       (b) A condition that prohibits the child from being within a 4884
specified structure or geographic area;4885

       (c) A condition that confines the child to a residence, 4886
facility, or other structure;4887

       (d) A condition that prohibits the child from contacting or 4888
communicating with any specified individual;4889

       (e) A condition that prohibits the child from associating 4890
with a specified individual;4891

       (f) Any other rule, term, or condition governing the conduct 4892
of the child that has been prescribed by the release authority.4893

       (2) Subject to the provision of prior notice required by 4894
division (D)(1) of this section, a staff member of the department 4895
of youth services who is designated by the director pursuant to 4896
division (A)(1) of section 5139.53 of the Revised Code and who has 4897
received the training described in division (B)(1) of that 4898
section, a peace officer, as defined in section 2935.01 of the 4899
Revised Code, or any other officer with the power to arrest may 4900
execute a warrant or order of apprehension issued under division 4901
(B)(1) of this section and take the child into secure custody.4902

       (C) A staff member of the department of youth services who is 4903
designated by the director of youth services pursuant to division 4904
(A)(1) of section 5139.53 of the Revised Code and who has received 4905
the training described in division (B)(1) of that section, a peace 4906
officer, as defined in section 2935.01 of the Revised Code, or any 4907
other officer with the power to arrest may arrest without a 4908
warrant or order of apprehension and take into secure custody a 4909
child in the legal custody of the department, if the staff member, 4910
peace officer, or other officer has reasonable cause to believe 4911
that the child who is on supervised release or judicial release to 4912
department of youth services supervision has violated or is 4913
violating a term or condition of the supervised release or 4914
judicial release in any of the following manners:4915

       (1) The child committed or is committing an offense or 4916
delinquent act in the presence of the staff member, peace officer, 4917
or other officer.4918

       (2) There is probable cause to believe that the child 4919
violated a term or condition of supervised release or judicial 4920
release and that the child is leaving or is about to leave the 4921
state.4922

       (3) The child failed to appear before the release authority 4923
pursuant to a summons for a modification or failed to appear for a 4924
scheduled court hearing.4925

       (4) The arrest of the child is necessary to prevent physical 4926
harm to another person or to the child.4927

       (D)(1) Except as otherwise provided in this division, prior 4928
to arresting a child under this section, either in relation to an 4929
order of apprehension or a warrant for arrest or in any other 4930
manner authorized by this section, a staff member or employee of 4931
the department of youth services shall provide notice of the 4932
anticipated arrest to each county, municipal, or township law 4933
enforcement agency with jurisdiction over the place at which the 4934
staff member or employee anticipates making the arrest. A staff 4935
member or employee is not required to provide the notice described 4936
in this division prior to making an arrest in any emergency 4937
situation or circumstance described under division (C) of this 4938
section.4939

       (2) If a child is arrested under this section and if it is 4940
known that the child is on supervised release or judicial release 4941
to department of youth services supervision, a juvenile court, 4942
local juvenile detention facility, or jail shall notify the 4943
appropriate department of youth services regional office that the 4944
child has been arrested and shall provide to the regional office 4945
or to an employee of the department of youth services a copy of 4946
the arrest information pertaining to the arrest.4947

       (3) Nothing in this section limits the power to make an 4948
arrest that is granted to specified peace officers under section 4949
2935.03 of the Revised Code, to any person under section 2935.04 4950
of the Revised Code, or to any other specified category of persons 4951
by any other provision of the Revised Code, or the power to take a 4952
child into custody that is granted pursuant to section 2151.31 of 4953
the Revised Code.4954

       (E) If a child who is on supervised release or who is under a 4955
period of judicial release to department of youth services 4956
supervision is arrested under an order of apprehension, under a 4957
warrant, or without a warrant as described in division (B)(1), 4958
(B)(2), or (C) of this section and taken into secure custody, all 4959
of the following apply:4960

       (1) If no motion to revoke the child's supervised release or 4961
judicial release has been filed within seventy-two hours after the 4962
child is taken into secure custody, the juvenile court, in making 4963
its determinations at a detention hearing as to whether to hold 4964
the child in secure custody up to seventy-two hours so that a 4965
motion to revoke the child's supervised release or judicial 4966
release may be filed, may consider, in addition to all other 4967
evidence and information considered, the circumstances of the 4968
child's arrest and, if the arrest was pursuant to an order of 4969
apprehension, the order and the application for the order.4970

       (2) If no motion to revoke the child's supervised release or 4971
judicial release has been filed within seventy-two hours after the 4972
child is taken into secure custody and if the child has not 4973
otherwise been released prior to the expiration of that 4974
seventy-two-hour period, the child shall be released upon the 4975
expiration of that seventy-two-hour period.4976

       (3) If the person is eighteen, nineteen, or twenty years of 4977
age, the person may be confined in secure detention in the jail of 4978
the county in which the person is taken into custody. If the 4979
person is under eighteen years of age, the person may be confined 4980
in secure detention in the nearest juvenile detention facility.4981

       (4) If a motion to revoke the child's supervised release or 4982
judicial release is filed after the child has been taken into 4983
secure custody and the court decides at the detention hearing to 4984
release the child from secure custody, the court may release the 4985
child on the same terms and conditions that are currently in 4986
effect regarding the child's supervised release or judicial 4987
release, pending revocation or subsequent modification.4988

       (F) If a child who is on supervised release is arrested under 4989
an order of apprehension, under a warrant, or without a warrant as 4990
described in division (B)(1), (B)(2), or (C) of this section and 4991
taken into secure custody, and if a motion to revoke the child's 4992
supervised release is filed, the juvenile court of the county in 4993
which the child is placed promptly shall schedule a time for a 4994
hearing on whether the child violated any of the terms and 4995
conditions of the supervised release. If a child is released on 4996
supervised release and the juvenile court of the county in which 4997
the child is placed otherwise has reason to believe that the child 4998
has not complied with the terms and conditions of the supervised 4999
release, the court of the county in which the child is placed, in 5000
its discretion, may schedule a time for a hearing on whether the 5001
child violated any of the terms and conditions of the supervised 5002
release. If the court of the county in which the child is placed 5003
on supervised release conducts a hearing and determines at the 5004
hearing that the child did not violate any term or condition of 5005
the child's supervised release, the child shall be released from 5006
custody, if the child is in custody at that time, and shall 5007
continue on supervised release under the terms and conditions that 5008
were in effect at the time of the child's arrest, subject to 5009
subsequent revocation or modification. If the court of the county 5010
in which the child is placed on supervised release conducts a 5011
hearing and determines at the hearing that the child violated one 5012
or more of the terms and conditions of the child's supervised 5013
release, the court, if it determines that the violation was a 5014
serious violation, may revoke the child's supervised release, 5015
reinstate the original order of commitment of the child, and order 5016
the child to be returned to the department of youth services for 5017
institutionalization or, in any case, may make any other 5018
disposition of the child authorized by law that the court 5019
considers proper. If the court orders the child to be returned to 5020
a department of youth services institution, the child shall remain 5021
institutionalized for a minimum period of thirtyninety days, the 5022
department shall not reduce the minimum thirty-dayninety-day5023
period of institutionalization for any time that the child was 5024
held in secure custody subsequent to the child's arrest and 5025
pending the revocation hearing and the child's return to the 5026
department, the release authority, in its discretion, may require 5027
the child to remain in institutionalization for longer than the 5028
minimum thirty-dayninety-day period, and the child is not 5029
eligible for judicial release or early release during the minimum 5030
thirty-dayninety-day period of institutionalization or any, and 5031
the period of institutionalization in excess ofshall be served 5032
concurrently with any other commitment to the department of youth 5033
services. If the court orders the child to be returned to a 5034
department of youth services institution, the time during which 5035
the child was confined pursuant to division (B) of section 2152.18 5036
of the Revised Code and the time during which the child was held 5037
in a secure department facility prior to the child's release shall 5038
be considered as time served in fulfilling the original order of 5039
commitment but shall not reduce the minimum thirty-dayninety-day5040
period of institutionalization.5041

       This division does not apply regarding a child who is under a 5042
period of judicial release to department of youth services 5043
supervision. Division (E) of section 2152.22 of the Revised Code 5044
applies in relation to a child who is under a period of judicial 5045
release to department of youth services supervision.5046

       (G) The department of youth services shall assess and provide 5047
appropriate programming for a child who is returned to a 5048
department of youth services institution under this section.5049

       Section 2.  That existing sections 109.57, 109.572, 109.578, 5050
122.681, 307.932, 1901.44, 1905.202, 1907.25, 2151.311, 2151.356, 5051
2151.357, 2152.26, 2907.27, 2907.28, 2929.12, 2929.141, 2929.20, 5052
2929.26, 2947.09, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 5053
2953.35, 2953.36, 2953.53, 2953.61, 2967.26, 4510.111, 4510.16, 5054
5120.07, 5120.651, 5139.01, and 5139.52 of the Revised Code are 5055
hereby repealed.5056

       Section 3.  Sections 307.932 and 2929.26 of the Revised Code 5057
are presented in this act as composites of the sections as amended 5058
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th 5059
General Assembly. The General Assembly, applying the principle 5060
stated in division (B) of section 1.52 of the Revised Code that 5061
amendments are to be harmonized if reasonably capable of 5062
simultaneous operation, finds that the composites are the 5063
resulting versions of the sections in effect prior to the 5064
effective date of the sections as presented in this act.5065