As Passed by the Senate

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


Senators Seitz, Smith 

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



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


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

       Section 1. That sections 109.57, 109.572, 109.578, 122.681, 65
307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27, 2907.28, 66
2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 2953.35, 67
2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01, and 68
5139.52 of the Revised Code be amended to read as follows:69

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 70
criminal identification and investigation shall procure from 71
wherever procurable and file for record photographs, pictures, 72
descriptions, fingerprints, measurements, and other information 73
that may be pertinent of all persons who have been convicted of 74
committing within this state a felony, any crime constituting a 75
misdemeanor on the first offense and a felony on subsequent 76
offenses, or any misdemeanor described in division (A)(1)(a), 77
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of 78
all children under eighteen years of age who have been adjudicated 79
delinquent children for committing within this state an act that 80
would be a felony or an offense of violence if committed by an 81
adult or who have been convicted of or pleaded guilty to 82
committing within this state a felony or an offense of violence, 83
and of all well-known and habitual criminals. The person in charge 84
of any county, multicounty, municipal, municipal-county, or 85
multicounty-municipal jail or workhouse, community-based 86
correctional facility, halfway house, alternative residential 87
facility, or state correctional institution and the person in 88
charge of any state institution having custody of a person 89
suspected of having committed a felony, any crime constituting a 90
misdemeanor on the first offense and a felony on subsequent 91
offenses, or any misdemeanor described in division (A)(1)(a), 92
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or 93
having custody of a child under eighteen years of age with respect 94
to whom there is probable cause to believe that the child may have 95
committed an act that would be a felony or an offense of violence 96
if committed by an adult shall furnish such material to the 97
superintendent of the bureau. Fingerprints, photographs, or other 98
descriptive information of a child who is under eighteen years of 99
age, has not been arrested or otherwise taken into custody for 100
committing an act that would be a felony or an offense of violence 101
who is not in any other category of child specified in this 102
division, if committed by an adult, has not been adjudicated a 103
delinquent child for committing an act that would be a felony or 104
an offense of violence if committed by an adult, has not been 105
convicted of or pleaded guilty to committing a felony or an 106
offense of violence, and is not a child with respect to whom there 107
is probable cause to believe that the child may have committed an 108
act that would be a felony or an offense of violence if committed 109
by an adult shall not be procured by the superintendent or 110
furnished by any person in charge of any county, multicounty, 111
municipal, municipal-county, or multicounty-municipal jail or 112
workhouse, community-based correctional facility, halfway house, 113
alternative residential facility, or state correctional 114
institution, except as authorized in section 2151.313 of the 115
Revised Code. 116

       (2) Every clerk of a court of record in this state, other 117
than the supreme court or a court of appeals, shall send to the 118
superintendent of the bureau a weekly report containing a summary 119
of each case involving a felony, involving any crime constituting 120
a misdemeanor on the first offense and a felony on subsequent 121
offenses, involving a misdemeanor described in division (A)(1)(a), 122
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or 123
involving an adjudication in a case in which a child under 124
eighteen years of age was alleged to be a delinquent child for 125
committing an act that would be a felony or an offense of violence 126
if committed by an adult. The clerk of the court of common pleas 127
shall include in the report and summary the clerk sends under this 128
division all information described in divisions (A)(2)(a) to (f) 129
of this section regarding a case before the court of appeals that 130
is served by that clerk. The summary shall be written on the 131
standard forms furnished by the superintendent pursuant to 132
division (B) of this section and shall include the following 133
information: 134

       (a) The incident tracking number contained on the standard 135
forms furnished by the superintendent pursuant to division (B) of 136
this section; 137

       (b) The style and number of the case; 138

       (c) The date of arrest, offense, summons, or arraignment; 139

       (d) The date that the person was convicted of or pleaded 140
guilty to the offense, adjudicated a delinquent child for 141
committing the act that would be a felony or an offense of 142
violence if committed by an adult, found not guilty of the 143
offense, or found not to be a delinquent child for committing an 144
act that would be a felony or an offense of violence if committed 145
by an adult, the date of an entry dismissing the charge, an entry 146
declaring a mistrial of the offense in which the person is 147
discharged, an entry finding that the person or child is not 148
competent to stand trial, or an entry of a nolle prosequi, or the 149
date of any other determination that constitutes final resolution 150
of the case; 151

       (e) A statement of the original charge with the section of 152
the Revised Code that was alleged to be violated; 153

       (f) If the person or child was convicted, pleaded guilty, or 154
was adjudicated a delinquent child, the sentence or terms of 155
probation imposed or any other disposition of the offender or the 156
delinquent child. 157

       If the offense involved the disarming of a law enforcement 158
officer or an attempt to disarm a law enforcement officer, the 159
clerk shall clearly state that fact in the summary, and the 160
superintendent shall ensure that a clear statement of that fact is 161
placed in the bureau's records. 162

       (3) The superintendent shall cooperate with and assist 163
sheriffs, chiefs of police, and other law enforcement officers in 164
the establishment of a complete system of criminal identification 165
and in obtaining fingerprints and other means of identification of 166
all persons arrested on a charge of a felony, any crime 167
constituting a misdemeanor on the first offense and a felony on 168
subsequent offenses, or a misdemeanor described in division 169
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the 170
Revised Code and of all children under eighteen years of age 171
arrested or otherwise taken into custody for committing an act 172
that would be a felony or an offense of violence if committed by 173
an adult. The superintendent also shall file for record the 174
fingerprint impressions of all persons confined in a county, 175
multicounty, municipal, municipal-county, or multicounty-municipal 176
jail or workhouse, community-based correctional facility, halfway 177
house, alternative residential facility, or state correctional 178
institution for the violation of state laws and of all children 179
under eighteen years of age who are confined in a county, 180
multicounty, municipal, municipal-county, or multicounty-municipal 181
jail or workhouse, community-based correctional facility, halfway 182
house, alternative residential facility, or state correctional 183
institution or in any facility for delinquent children for 184
committing an act that would be a felony or an offense of violence 185
if committed by an adult, and any other information that the 186
superintendent may receive from law enforcement officials of the 187
state and its political subdivisions. 188

       (4) The superintendent shall carry out Chapter 2950. of the 189
Revised Code with respect to the registration of persons who are 190
convicted of or plead guilty to a sexually oriented offense or a 191
child-victim oriented offense and with respect to all other duties 192
imposed on the bureau under that chapter. 193

       (5) The bureau shall perform centralized recordkeeping 194
functions for criminal history records and services in this state 195
for purposes of the national crime prevention and privacy compact 196
set forth in section 109.571 of the Revised Code and is the 197
criminal history record repository as defined in that section for 198
purposes of that compact. The superintendent or the 199
superintendent's designee is the compact officer for purposes of 200
that compact and shall carry out the responsibilities of the 201
compact officer specified in that compact. 202

       (B) The superintendent shall prepare and furnish to every 203
county, multicounty, municipal, municipal-county, or 204
multicounty-municipal jail or workhouse, community-based 205
correctional facility, halfway house, alternative residential 206
facility, or state correctional institution and to every clerk of 207
a court in this state specified in division (A)(2) of this section 208
standard forms for reporting the information required under 209
division (A) of this section. The standard forms that the 210
superintendent prepares pursuant to this division may be in a 211
tangible format, in an electronic format, or in both tangible 212
formats and electronic formats. 213

       (C)(1) The superintendent may operate a center for 214
electronic, automated, or other data processing for the storage 215
and retrieval of information, data, and statistics pertaining to 216
criminals and to children under eighteen years of age who are 217
adjudicated delinquent children for committing an act that would 218
be a felony or an offense of violence if committed by an adult, 219
criminal activity, crime prevention, law enforcement, and criminal 220
justice, and may establish and operate a statewide communications 221
network to be known as the Ohio law enforcement gateway to gather 222
and disseminate information, data, and statistics for the use of 223
law enforcement agencies and for other uses specified in this 224
division. The superintendent may gather, store, retrieve, and 225
disseminate information, data, and statistics that pertain to 226
children who are under eighteen years of age and that are gathered 227
pursuant to sections 109.57 to 109.61 of the Revised Code together 228
with information, data, and statistics that pertain to adults and 229
that are gathered pursuant to those sections. 230

       (2) The superintendent or the superintendent's designee shall 231
gather information of the nature described in division (C)(1) of 232
this section that pertains to the offense and delinquency history 233
of a person who has been convicted of, pleaded guilty to, or been 234
adjudicated a delinquent child for committing a sexually oriented 235
offense or a child-victim oriented offense for inclusion in the 236
state registry of sex offenders and child-victim offenders 237
maintained pursuant to division (A)(1) of section 2950.13 of the 238
Revised Code and in the internet database operated pursuant to 239
division (A)(13) of that section and for possible inclusion in the 240
internet database operated pursuant to division (A)(11) of that 241
section. 242

        (3) In addition to any other authorized use of information, 243
data, and statistics of the nature described in division (C)(1) of 244
this section, the superintendent or the superintendent's designee 245
may provide and exchange the information, data, and statistics 246
pursuant to the national crime prevention and privacy compact as 247
described in division (A)(5) of this section. 248

       (4) The attorney general may adopt rules under Chapter 119. 249
of the Revised Code establishing guidelines for the operation of 250
and participation in the Ohio law enforcement gateway. The rules 251
may include criteria for granting and restricting access to 252
information gathered and disseminated through the Ohio law 253
enforcement gateway. The attorney general shall permit the state 254
medical board and board of nursing to access and view, but not 255
alter, information gathered and disseminated through the Ohio law 256
enforcement gateway.257

       The attorney general may appoint a steering committee to 258
advise the attorney general in the operation of the Ohio law 259
enforcement gateway that is comprised of persons who are 260
representatives of the criminal justice agencies in this state 261
that use the Ohio law enforcement gateway and is chaired by the 262
superintendent or the superintendent's designee.263

       (D)(1) The following are not public records under section 264
149.43 of the Revised Code:265

       (a) Information and materials furnished to the superintendent 266
pursuant to division (A) of this section;267

       (b) Information, data, and statistics gathered or 268
disseminated through the Ohio law enforcement gateway pursuant to 269
division (C)(1) of this section;270

       (c) Information and materials furnished to any board or 271
person under division (F) or (G) of this section.272

       (2) The superintendent or the superintendent's designee shall 273
gather and retain information so furnished under division (A) of 274
this section that pertains to the offense and delinquency history 275
of a person who has been convicted of, pleaded guilty to, or been 276
adjudicated a delinquent child for committing a sexually oriented 277
offense or a child-victim oriented offense for the purposes 278
described in division (C)(2) of this section. 279

       (E)(1) The attorney general shall adopt rules, in accordance 280
with Chapter 119. of the Revised Code and subject to division 281
(E)(2) of this section, setting forth the procedure by which a 282
person may receive or release information gathered by the 283
superintendent pursuant to division (A) of this section. A 284
reasonable fee may be charged for this service. If a temporary 285
employment service submits a request for a determination of 286
whether a person the service plans to refer to an employment 287
position has been convicted of or pleaded guilty to an offense 288
listed or described in division (A)(1), (2), or (3) of section 289
109.572 of the Revised Code, the request shall be treated as a 290
single request and only one fee shall be charged. 291

       (2) Except as otherwise provided in this division or division 292
(E)(3) or (4) of this section, a rule adopted under division 293
(E)(1) of this section may provide only for the release of 294
information gathered pursuant to division (A) of this section that 295
relates to the conviction of a person, or a person's plea of 296
guilty to, a criminal offense or to the arrest of a person as 297
provided in division (E)(3) of this section. The superintendent 298
shall not release, and the attorney general shall not adopt any 299
rule under division (E)(1) of this section that permits the 300
release of, any information gathered pursuant to division (A) of 301
this section that relates to an adjudication of a child as a 302
delinquent child, or that relates to a criminal conviction of a 303
person under eighteen years of age if the person's case was 304
transferred back to a juvenile court under division (B)(2) or (3) 305
of section 2152.121 of the Revised Code and the juvenile court 306
imposed a disposition or serious youthful offender disposition 307
upon the person under either division, unless either of the 308
following applies with respect to the adjudication or conviction:309

       (a) The adjudication or conviction was for a violation of 310
section 2903.01 or 2903.02 of the Revised Code.311

       (b) The adjudication or conviction was for a sexually 312
oriented offense, the juvenile court was required to classify the 313
child a juvenile offender registrant for that offense under 314
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that 315
classification has not been removed, and the records of the 316
adjudication or conviction have not been sealed or expunged 317
pursuant to sections 2151.355 to 2151.358 or sealed pursuant to 318
section 2952.32 of the Revised Code.319

       (3) A rule adopted under division (E)(1) of this section may 320
provide for the release of information gathered pursuant to 321
division (A) of this section that relates to the arrest of a 322
person who is eighteen years of age or older when the person has 323
not been convicted as a result of that arrest if any of the 324
following applies:325

        (a) The arrest was made outside of this state.326

        (b) A criminal action resulting from the arrest is pending, 327
and the superintendent confirms that the criminal action has not 328
been resolved at the time the criminal records check is performed.329

        (c) The bureau cannot reasonably determine whether a criminal 330
action resulting from the arrest is pending, and not more than one 331
year has elapsed since the date of the arrest.332

        (4) A rule adopted under division (E)(1) of this section may 333
provide for the release of information gathered pursuant to 334
division (A) of this section that relates to an adjudication of a 335
child as a delinquent child if not more than five years have 336
elapsed since the date of the adjudication, the adjudication was 337
for an act that would have been a felony if committed by an adult, 338
the records of the adjudication have not been sealed or expunged 339
pursuant to sections 2151.355 to 2151.358 of the Revised Code, and 340
the request for information is made under division (F) of this 341
section or under section 109.572 of the Revised Code. In the case 342
of an adjudication for a violation of the terms of community 343
control or supervised release, the five-year period shall be 344
calculated from the date of the adjudication to which the 345
community control or supervised release pertains.346

       (F)(1) As used in division (F)(2) of this section, "head 347
start agency" means an entity in this state that has been approved 348
to be an agency for purposes of subchapter II of the "Community 349
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 350
as amended. 351

       (2)(a) In addition to or in conjunction with any request that 352
is required to be made under section 109.572, 2151.86, 3301.32, 353
3301.541, division (C) of section 3310.58, or section 3319.39, 354
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or 355
5153.111 of the Revised Code or that is made under section 356
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the 357
board of education of any school district; the director of 358
developmental disabilities; any county board of developmental 359
disabilities; any provider or subcontractor as defined in section 360
5123.081 of the Revised Code; the chief administrator of any 361
chartered nonpublic school; the chief administrator of a 362
registered private provider that is not also a chartered nonpublic 363
school; the chief administrator of any home health agency; the 364
chief administrator of or person operating any child day-care 365
center, type A family day-care home, or type B family day-care 366
home licensed under Chapter 5104. of the Revised Code; the chief 367
administrator of any head start agency; the executive director of 368
a public children services agency; a private company described in 369
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised 370
Code; or an employer described in division (J)(2) of section 371
3327.10 of the Revised Code may request that the superintendent of 372
the bureau investigate and determine, with respect to any 373
individual who has applied for employment in any position after 374
October 2, 1989, or any individual wishing to apply for employment 375
with a board of education may request, with regard to the 376
individual, whether the bureau has any information gathered under 377
division (A) of this section that pertains to that individual. On 378
receipt of the request, subject to division (E)(2) of this 379
section, the superintendent shall determine whether that 380
information exists and, upon request of the person, board, or 381
entity requesting information, also shall request from the federal 382
bureau of investigation any criminal records it has pertaining to 383
that individual. The superintendent or the superintendent's 384
designee also may request criminal history records from other 385
states or the federal government pursuant to the national crime 386
prevention and privacy compact set forth in section 109.571 of the 387
Revised Code. Within thirty days of the date that the 388
superintendent receives a request, subject to division (E)(2) of 389
this section, the superintendent shall send to the board, entity, 390
or person a report of any information that the superintendent 391
determines exists, including information contained in records that 392
have been sealed under section 2953.32 of the Revised Code, and, 393
within thirty days of its receipt, subject to division (E)(2) of 394
this section, shall send the board, entity, or person a report of 395
any information received from the federal bureau of investigation, 396
other than information the dissemination of which is prohibited by 397
federal law. 398

       (b) When a board of education or a registered private 399
provider is required to receive information under this section as 400
a prerequisite to employment of an individual pursuant to division 401
(C) of section 3310.58 or section 3319.39 of the Revised Code, it 402
may accept a certified copy of records that were issued by the 403
bureau of criminal identification and investigation and that are 404
presented by an individual applying for employment with the 405
district in lieu of requesting that information itself. In such a 406
case, the board shall accept the certified copy issued by the 407
bureau in order to make a photocopy of it for that individual's 408
employment application documents and shall return the certified 409
copy to the individual. In a case of that nature, a district or 410
provider only shall accept a certified copy of records of that 411
nature within one year after the date of their issuance by the 412
bureau. 413

       (c) Notwithstanding division (F)(2)(a) of this section, in 414
the case of a request under section 3319.39, 3319.391, or 3327.10 415
of the Revised Code only for criminal records maintained by the 416
federal bureau of investigation, the superintendent shall not 417
determine whether any information gathered under division (A) of 418
this section exists on the person for whom the request is made.419

       (3) The state board of education may request, with respect to 420
any individual who has applied for employment after October 2, 421
1989, in any position with the state board or the department of 422
education, any information that a school district board of 423
education is authorized to request under division (F)(2) of this 424
section, and the superintendent of the bureau shall proceed as if 425
the request has been received from a school district board of 426
education under division (F)(2) of this section. 427

       (4) When the superintendent of the bureau receives a request 428
for information under section 3319.291 of the Revised Code, the 429
superintendent shall proceed as if the request has been received 430
from a school district board of education and shall comply with 431
divisions (F)(2)(a) and (c) of this section. 432

       (5) When a recipient of a classroom reading improvement grant 433
paid under section 3301.86 of the Revised Code requests, with 434
respect to any individual who applies to participate in providing 435
any program or service funded in whole or in part by the grant, 436
the information that a school district board of education is 437
authorized to request under division (F)(2)(a) of this section, 438
the superintendent of the bureau shall proceed as if the request 439
has been received from a school district board of education under 440
division (F)(2)(a) of this section. 441

       (G) In addition to or in conjunction with any request that is 442
required to be made under section 3701.881, 3712.09, or 3721.121 443
of the Revised Code with respect to an individual who has applied 444
for employment in a position that involves providing direct care 445
to an older adult or adult resident, the chief administrator of a 446
home health agency, hospice care program, home licensed under 447
Chapter 3721. of the Revised Code, or adult day-care program 448
operated pursuant to rules adopted under section 3721.04 of the 449
Revised Code may request that the superintendent of the bureau 450
investigate and determine, with respect to any individual who has 451
applied after January 27, 1997, for employment in a position that 452
does not involve providing direct care to an older adult or adult 453
resident, whether the bureau has any information gathered under 454
division (A) of this section that pertains to that individual. 455

       In addition to or in conjunction with any request that is 456
required to be made under section 173.27 of the Revised Code with 457
respect to an individual who has applied for employment in a 458
position that involves providing ombudsman services to residents 459
of long-term care facilities or recipients of community-based 460
long-term care services, the state long-term care ombudsman, the 461
director of aging, a regional long-term care ombudsman program, or 462
the designee of the ombudsman, director, or program may request 463
that the superintendent investigate and determine, with respect to 464
any individual who has applied for employment in a position that 465
does not involve providing such ombudsman services, whether the 466
bureau has any information gathered under division (A) of this 467
section that pertains to that applicant. 468

       In addition to or in conjunction with any request that is 469
required to be made under section 173.38 of the Revised Code with 470
respect to an individual who has applied for employment in a 471
direct-care position, the chief administrator of a provider, as 472
defined in section 173.39 of the Revised Code, may request that 473
the superintendent investigate and determine, with respect to any 474
individual who has applied for employment in a position that is 475
not a direct-care position, whether the bureau has any information 476
gathered under division (A) of this section that pertains to that 477
applicant. 478

        In addition to or in conjunction with any request that is 479
required to be made under section 3712.09 of the Revised Code with 480
respect to an individual who has applied for employment in a 481
position that involves providing direct care to a pediatric 482
respite care patient, the chief administrator of a pediatric 483
respite care program may request that the superintendent of the 484
bureau investigate and determine, with respect to any individual 485
who has applied for employment in a position that does not involve 486
providing direct care to a pediatric respite care patient, whether 487
the bureau has any information gathered under division (A) of this 488
section that pertains to that individual.489

       On receipt of a request under this division, the 490
superintendent shall determine whether that information exists 491
and, on request of the individual requesting information, shall 492
also request from the federal bureau of investigation any criminal 493
records it has pertaining to the applicant. The superintendent or 494
the superintendent's designee also may request criminal history 495
records from other states or the federal government pursuant to 496
the national crime prevention and privacy compact set forth in 497
section 109.571 of the Revised Code. Within thirty days of the 498
date a request is received, subject to division (E)(2) of this 499
section, the superintendent shall send to the requester a report 500
of any information determined to exist, including information 501
contained in records that have been sealed under section 2953.32 502
of the Revised Code, and, within thirty days of its receipt, shall 503
send the requester a report of any information received from the 504
federal bureau of investigation, other than information the 505
dissemination of which is prohibited by federal law. 506

       (H) Information obtained by a government entity or person 507
under this section is confidential and shall not be released or 508
disseminated. 509

       (I) The superintendent may charge a reasonable fee for 510
providing information or criminal records under division (F)(2) or 511
(G) of this section. 512

       (J) As used in this section:513

       (1) "Pediatric respite care program" and "pediatric care 514
patient" have the same meanings as in section 3712.01 of the 515
Revised Code.516

       (2) "Sexually oriented offense" and "child-victim oriented 517
offense" have the same meanings as in section 2950.01 of the 518
Revised Code.519

       (3) "Registered private provider" means a nonpublic school or 520
entity registered with the superintendent of public instruction 521
under section 3310.41 of the Revised Code to participate in the 522
autism scholarship program or section 3310.58 of the Revised Code 523
to participate in the Jon Peterson special needs scholarship 524
program.525

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 526
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 527
a completed form prescribed pursuant to division (C)(1) of this 528
section, and a set of fingerprint impressions obtained in the 529
manner described in division (C)(2) of this section, the 530
superintendent of the bureau of criminal identification and 531
investigation shall conduct a criminal records check in the manner 532
described in division (B) of this section to determine whether any 533
information exists that indicates that the person who is the 534
subject of the request previously has been convicted of or pleaded 535
guilty to any of the following:536

       (a) A violation of section 2903.01, 2903.02, 2903.03, 537
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 538
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 539
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 540
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 541
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 542
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 543
2925.06, or 3716.11 of the Revised Code, felonious sexual 544
penetration in violation of former section 2907.12 of the Revised 545
Code, a violation of section 2905.04 of the Revised Code as it 546
existed prior to July 1, 1996, a violation of section 2919.23 of 547
the Revised Code that would have been a violation of section 548
2905.04 of the Revised Code as it existed prior to July 1, 1996, 549
had the violation been committed prior to that date, or a 550
violation of section 2925.11 of the Revised Code that is not a 551
minor drug possession offense;552

       (b) A violation of an existing or former law of this state, 553
any other state, or the United States that is substantially 554
equivalent to any of the offenses listed in division (A)(1)(a) of 555
this section;556

       (c) If the request is made pursuant to section 3319.39 of the 557
Revised Code for an applicant who is a teacher, any offense 558
specified in section 3319.31 of the Revised Code.559

       (2) On receipt of a request pursuant to section 3712.09 or 560
3721.121 of the Revised Code, a completed form prescribed pursuant 561
to division (C)(1) of this section, and a set of fingerprint 562
impressions obtained in the manner described in division (C)(2) of 563
this section, the superintendent of the bureau of criminal 564
identification and investigation shall conduct a criminal records 565
check with respect to any person who has applied for employment in 566
a position for which a criminal records check is required by those 567
sections. The superintendent shall conduct the criminal records 568
check in the manner described in division (B) of this section to 569
determine whether any information exists that indicates that the 570
person who is the subject of the request previously has been 571
convicted of or pleaded guilty to any of the following:572

       (a) A violation of section 2903.01, 2903.02, 2903.03, 573
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 574
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 575
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 576
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 577
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 578
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 579
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 580
2925.22, 2925.23, or 3716.11 of the Revised Code;581

       (b) An existing or former law of this state, any other state, 582
or the United States that is substantially equivalent to any of 583
the offenses listed in division (A)(2)(a) of this section.584

       (3) On receipt of a request pursuant to section 173.27, 585
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or 586
5123.169 of the Revised Code, a completed form prescribed pursuant 587
to division (C)(1) of this section, and a set of fingerprint 588
impressions obtained in the manner described in division (C)(2) of 589
this section, the superintendent of the bureau of criminal 590
identification and investigation shall conduct a criminal records 591
check of the person for whom the request is made. The 592
superintendent shall conduct the criminal records check in the 593
manner described in division (B) of this section to determine 594
whether any information exists that indicates that the person who 595
is the subject of the request previously has been convicted of, 596
has pleaded guilty to, or (except in the case of a request 597
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 598
Code) has been found eligible for intervention in lieu of 599
conviction for any of the following, regardless of the date of the 600
conviction, the date of entry of the guilty plea, or (except in 601
the case of a request pursuant to section 5164.34, 5164.341, or 602
5164.342 of the Revised Code) the date the person was found 603
eligible for intervention in lieu of conviction:604

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 605
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 606
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 607
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 608
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 609
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 610
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 611
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 612
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 613
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 614
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 615
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 616
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 617
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 618
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 619
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 620
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 621
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 622
2927.12, or 3716.11 of the Revised Code;623

       (b) Felonious sexual penetration in violation of former 624
section 2907.12 of the Revised Code;625

       (c) A violation of section 2905.04 of the Revised Code as it 626
existed prior to July 1, 1996;627

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 628
the Revised Code when the underlying offense that is the object of 629
the conspiracy, attempt, or complicity is one of the offenses 630
listed in divisions (A)(3)(a) to (c) of this section;631

       (e) A violation of an existing or former municipal ordinance 632
or law of this state, any other state, or the United States that 633
is substantially equivalent to any of the offenses listed in 634
divisions (A)(3)(a) to (d) of this section.635

       (4) On receipt of a request pursuant to section 2151.86 of 636
the Revised Code, a completed form prescribed pursuant to division 637
(C)(1) of this section, and a set of fingerprint impressions 638
obtained in the manner described in division (C)(2) of this 639
section, the superintendent of the bureau of criminal 640
identification and investigation shall conduct a criminal records 641
check in the manner described in division (B) of this section to 642
determine whether any information exists that indicates that the 643
person who is the subject of the request previously has been 644
convicted of or pleaded guilty to any of the following:645

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 646
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 647
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 648
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 649
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 650
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 651
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 652
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 653
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 654
of the Revised Code, a violation of section 2905.04 of the Revised 655
Code as it existed prior to July 1, 1996, a violation of section 656
2919.23 of the Revised Code that would have been a violation of 657
section 2905.04 of the Revised Code as it existed prior to July 1, 658
1996, had the violation been committed prior to that date, a 659
violation of section 2925.11 of the Revised Code that is not a 660
minor drug possession offense, two or more OVI or OVUAC violations 661
committed within the three years immediately preceding the 662
submission of the application or petition that is the basis of the 663
request, or felonious sexual penetration in violation of former 664
section 2907.12 of the Revised Code;665

       (b) A violation of an existing or former law of this state, 666
any other state, or the United States that is substantially 667
equivalent to any of the offenses listed in division (A)(4)(a) of 668
this section.669

       (5) Upon receipt of a request pursuant to section 5104.012 or 670
5104.013 of the Revised Code, a completed form prescribed pursuant 671
to division (C)(1) of this section, and a set of fingerprint 672
impressions obtained in the manner described in division (C)(2) of 673
this section, the superintendent of the bureau of criminal 674
identification and investigation shall conduct a criminal records 675
check in the manner described in division (B) of this section to 676
determine whether any information exists that indicates that the 677
person who is the subject of the request has been convicted of or 678
pleaded guilty to any of the following:679

       (a) A violation of section 2903.01, 2903.02, 2903.03, 680
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 681
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 682
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 683
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 684
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 685
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 686
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 687
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 688
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 689
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 690
3716.11 of the Revised Code, felonious sexual penetration in 691
violation of former section 2907.12 of the Revised Code, a 692
violation of section 2905.04 of the Revised Code as it existed 693
prior to July 1, 1996, a violation of section 2919.23 of the 694
Revised Code that would have been a violation of section 2905.04 695
of the Revised Code as it existed prior to July 1, 1996, had the 696
violation been committed prior to that date, a violation of 697
section 2925.11 of the Revised Code that is not a minor drug 698
possession offense, a violation of section 2923.02 or 2923.03 of 699
the Revised Code that relates to a crime specified in this 700
division, or a second violation of section 4511.19 of the Revised 701
Code within five years of the date of application for licensure or 702
certification.703

       (b) A violation of an existing or former law of this state, 704
any other state, or the United States that is substantially 705
equivalent to any of the offenses or violations described in 706
division (A)(5)(a) of this section.707

       (6) Upon receipt of a request pursuant to section 5153.111 of 708
the Revised Code, a completed form prescribed pursuant to division 709
(C)(1) of this section, and a set of fingerprint impressions 710
obtained in the manner described in division (C)(2) of this 711
section, the superintendent of the bureau of criminal 712
identification and investigation shall conduct a criminal records 713
check in the manner described in division (B) of this section to 714
determine whether any information exists that indicates that the 715
person who is the subject of the request previously has been 716
convicted of or pleaded guilty to any of the following:717

       (a) A violation of section 2903.01, 2903.02, 2903.03, 718
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 719
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 720
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 721
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 722
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 723
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 724
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 725
felonious sexual penetration in violation of former section 726
2907.12 of the Revised Code, a violation of section 2905.04 of the 727
Revised Code as it existed prior to July 1, 1996, a violation of 728
section 2919.23 of the Revised Code that would have been a 729
violation of section 2905.04 of the Revised Code as it existed 730
prior to July 1, 1996, had the violation been committed prior to 731
that date, or a violation of section 2925.11 of the Revised Code 732
that is not a minor drug possession offense;733

       (b) A violation of an existing or former law of this state, 734
any other state, or the United States that is substantially 735
equivalent to any of the offenses listed in division (A)(6)(a) of 736
this section.737

       (7) On receipt of a request for a criminal records check from 738
an individual pursuant to section 4749.03 or 4749.06 of the 739
Revised Code, accompanied by a completed copy of the form 740
prescribed in division (C)(1) of this section and a set of 741
fingerprint impressions obtained in a manner described in division 742
(C)(2) of this section, the superintendent of the bureau of 743
criminal identification and investigation shall conduct a criminal 744
records check in the manner described in division (B) of this 745
section to determine whether any information exists indicating 746
that the person who is the subject of the request has been 747
convicted of or pleaded guilty to a felony in this state or in any 748
other state. If the individual indicates that a firearm will be 749
carried in the course of business, the superintendent shall 750
require information from the federal bureau of investigation as 751
described in division (B)(2) of this section. Subject to division 752
(F) of this section, the superintendent shall report the findings 753
of the criminal records check and any information the federal 754
bureau of investigation provides to the director of public safety.755

       (8) On receipt of a request pursuant to section 1321.37, 756
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 757
Code, a completed form prescribed pursuant to division (C)(1) of 758
this section, and a set of fingerprint impressions obtained in the 759
manner described in division (C)(2) of this section, the 760
superintendent of the bureau of criminal identification and 761
investigation shall conduct a criminal records check with respect 762
to any person who has applied for a license, permit, or 763
certification from the department of commerce or a division in the 764
department. The superintendent shall conduct the criminal records 765
check in the manner described in division (B) of this section to 766
determine whether any information exists that indicates that the 767
person who is the subject of the request previously has been 768
convicted of or pleaded guilty to any of the following: a 769
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 770
2925.03 of the Revised Code; any other criminal offense involving 771
theft, receiving stolen property, embezzlement, forgery, fraud, 772
passing bad checks, money laundering, or drug trafficking, or any 773
criminal offense involving money or securities, as set forth in 774
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 775
the Revised Code; or any existing or former law of this state, any 776
other state, or the United States that is substantially equivalent 777
to those offenses.778

       (9) On receipt of a request for a criminal records check from 779
the treasurer of state under section 113.041 of the Revised Code 780
or from an individual under section 4701.08, 4715.101, 4717.061, 781
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 782
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 783
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 784
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 785
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 786
accompanied by a completed form prescribed under division (C)(1) 787
of this section and a set of fingerprint impressions obtained in 788
the manner described in division (C)(2) of this section, the 789
superintendent of the bureau of criminal identification and 790
investigation shall conduct a criminal records check in the manner 791
described in division (B) of this section to determine whether any 792
information exists that indicates that the person who is the 793
subject of the request has been convicted of or pleaded guilty to 794
any criminal offense in this state or any other state. Subject to 795
division (F) of this section, the superintendent shall send the 796
results of a check requested under section 113.041 of the Revised 797
Code to the treasurer of state and shall send the results of a 798
check requested under any of the other listed sections to the 799
licensing board specified by the individual in the request.800

       (10) On receipt of a request pursuant to section 1121.23, 801
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 802
Code, a completed form prescribed pursuant to division (C)(1) of 803
this section, and a set of fingerprint impressions obtained in the 804
manner described in division (C)(2) of this section, the 805
superintendent of the bureau of criminal identification and 806
investigation shall conduct a criminal records check in the manner 807
described in division (B) of this section to determine whether any 808
information exists that indicates that the person who is the 809
subject of the request previously has been convicted of or pleaded 810
guilty to any criminal offense under any existing or former law of 811
this state, any other state, or the United States.812

       (11) On receipt of a request for a criminal records check 813
from an appointing or licensing authority under section 3772.07 of 814
the Revised Code, a completed form prescribed under division 815
(C)(1) of this section, and a set of fingerprint impressions 816
obtained in the manner prescribed in division (C)(2) of this 817
section, the superintendent of the bureau of criminal 818
identification and investigation shall conduct a criminal records 819
check in the manner described in division (B) of this section to 820
determine whether any information exists that indicates that the 821
person who is the subject of the request previously has been 822
convicted of or pleaded guilty or no contest to any offense under 823
any existing or former law of this state, any other state, or the 824
United States that is a disqualifying offense as defined in 825
section 3772.07 of the Revised Code or substantially equivalent to 826
such an offense.827

       (12) On receipt of a request pursuant to section 2151.33 or 828
2151.412 of the Revised Code, a completed form prescribed pursuant 829
to division (C)(1) of this section, and a set of fingerprint 830
impressions obtained in the manner described in division (C)(2) of 831
this section, the superintendent of the bureau of criminal 832
identification and investigation shall conduct a criminal records 833
check with respect to any person for whom a criminal records check 834
is required by that section. The superintendent shall conduct the 835
criminal records check in the manner described in division (B) of 836
this section to determine whether any information exists that 837
indicates that the person who is the subject of the request 838
previously has been convicted of or pleaded guilty to any of the 839
following:840

       (a) A violation of section 2903.01, 2903.02, 2903.03, 841
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 842
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 843
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 844
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 845
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 846
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 847
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 848
2925.22, 2925.23, or 3716.11 of the Revised Code;849

       (b) An existing or former law of this state, any other state, 850
or the United States that is substantially equivalent to any of 851
the offenses listed in division (A)(12)(a) of this section.852

       (B) Subject to division (F) of this section, the 853
superintendent shall conduct any criminal records check to be 854
conducted under this section as follows:855

       (1) The superintendent shall review or cause to be reviewed 856
any relevant information gathered and compiled by the bureau under 857
division (A) of section 109.57 of the Revised Code that relates to 858
the person who is the subject of the criminal records check, 859
including, if the criminal records check was requested under 860
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, 861
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 862
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 863
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 864
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 865
5153.111 of the Revised Code, any relevant information contained 866
in records that have been sealed under section 2953.32 of the 867
Revised Code;868

       (2) If the request received by the superintendent asks for 869
information from the federal bureau of investigation, the 870
superintendent shall request from the federal bureau of 871
investigation any information it has with respect to the person 872
who is the subject of the criminal records check, including 873
fingerprint-based checks of national crime information databases 874
as described in 42 U.S.C. 671 if the request is made pursuant to 875
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 876
any other Revised Code section requires fingerprint-based checks 877
of that nature, and shall review or cause to be reviewed any 878
information the superintendent receives from that bureau. If a 879
request under section 3319.39 of the Revised Code asks only for 880
information from the federal bureau of investigation, the 881
superintendent shall not conduct the review prescribed by division 882
(B)(1) of this section.883

        (3) The superintendent or the superintendent's designee may 884
request criminal history records from other states or the federal 885
government pursuant to the national crime prevention and privacy 886
compact set forth in section 109.571 of the Revised Code.887

       (4) The superintendent shall include in the results of the 888
criminal records check a list or description of the offenses 889
listed or described in division (A)(1), (2), (3), (4), (5), (6), 890
(7), (8), (9), (10), (11), or (12) of this section, whichever 891
division requires the superintendent to conduct the criminal 892
records check. The superintendent shall exclude from the results 893
any information the dissemination of which is prohibited by 894
federal law.895

       (5) The superintendent shall send the results of the criminal 896
records check to the person to whom it is to be sent not later 897
than the following number of days after the date the 898
superintendent receives the request for the criminal records 899
check, the completed form prescribed under division (C)(1) of this 900
section, and the set of fingerprint impressions obtained in the 901
manner described in division (C)(2) of this section:902

       (a) If the superintendent is required by division (A) of this 903
section (other than division (A)(3) of this section) to conduct 904
the criminal records check, thirty;905

       (b) If the superintendent is required by division (A)(3) of 906
this section to conduct the criminal records check, sixty.907

       (C)(1) The superintendent shall prescribe a form to obtain 908
the information necessary to conduct a criminal records check from 909
any person for whom a criminal records check is to be conducted 910
under this section. The form that the superintendent prescribes 911
pursuant to this division may be in a tangible format, in an 912
electronic format, or in both tangible and electronic formats.913

       (2) The superintendent shall prescribe standard impression 914
sheets to obtain the fingerprint impressions of any person for 915
whom a criminal records check is to be conducted under this 916
section. Any person for whom a records check is to be conducted 917
under this section shall obtain the fingerprint impressions at a 918
county sheriff's office, municipal police department, or any other 919
entity with the ability to make fingerprint impressions on the 920
standard impression sheets prescribed by the superintendent. The 921
office, department, or entity may charge the person a reasonable 922
fee for making the impressions. The standard impression sheets the 923
superintendent prescribes pursuant to this division may be in a 924
tangible format, in an electronic format, or in both tangible and 925
electronic formats.926

       (3) Subject to division (D) of this section, the 927
superintendent shall prescribe and charge a reasonable fee for 928
providing a criminal records check under this section. The person 929
requesting the criminal records check shall pay the fee prescribed 930
pursuant to this division. In the case of a request under section 931
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 932
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 933
the manner specified in that section.934

       (4) The superintendent of the bureau of criminal 935
identification and investigation may prescribe methods of 936
forwarding fingerprint impressions and information necessary to 937
conduct a criminal records check, which methods shall include, but 938
not be limited to, an electronic method.939

       (D) The results of a criminal records check conducted under 940
this section, other than a criminal records check specified in 941
division (A)(7) of this section, are valid for the person who is 942
the subject of the criminal records check for a period of one year 943
from the date upon which the superintendent completes the criminal 944
records check. If during that period the superintendent receives 945
another request for a criminal records check to be conducted under 946
this section for that person, the superintendent shall provide the 947
results from the previous criminal records check of the person at 948
a lower fee than the fee prescribed for the initial criminal 949
records check.950

       (E) When the superintendent receives a request for 951
information from a registered private provider, the superintendent 952
shall proceed as if the request was received from a school 953
district board of education under section 3319.39 of the Revised 954
Code. The superintendent shall apply division (A)(1)(c) of this 955
section to any such request for an applicant who is a teacher.956

       (F)(1) All information regarding the results of a criminal 957
records check conducted under this section that the superintendent 958
reports or sends under division (A)(7) or (9) of this section to 959
the director of public safety, the treasurer of state, or the 960
person, board, or entity that made the request for the criminal 961
records check shall relate to the conviction of the subject 962
person, or the subject person's plea of guilty to, a criminal 963
offense.964

       (2) Division (F)(1) of this section does not limit, restrict, 965
or preclude the superintendent's release of information that 966
relates to the arrest of a person who is eighteen years of age or 967
older, to an adjudication of a child as a delinquent child, or 968
that relates to a criminal conviction of a person under eighteen 969
years of age if the person's case was transferred back to a 970
juvenile court under division (B)(2) or (3) of section 2152.121 of 971
the Revised Code and the juvenile court imposed a disposition or 972
serious youthful offender disposition upon the person under either 973
division, if either of the following applies with respect to the 974
adjudication or conviction:975

       (a) The adjudication or conviction was for a violation of 976
section 2903.01 or 2903.02 of the Revised Code.977

       (b) The adjudication or conviction was for a sexually 978
oriented offense, as defined in section 2950.01 of the Revised 979
Code, the juvenile court was required to classify the child a 980
juvenile offender registrant for that offense under section 981
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 982
classification has not been removedin circumstances in which a 983
release of that nature is authorized under division (E)(2), (3), 984
or (4) of section 109.57 of the Revised Code pursuant to a rule 985
adopted under division (E)(1) of that section.986

       (G) As used in this section:987

       (1) "Criminal records check" means any criminal records check 988
conducted by the superintendent of the bureau of criminal 989
identification and investigation in accordance with division (B) 990
of this section.991

       (2) "Minor drug possession offense" has the same meaning as 992
in section 2925.01 of the Revised Code.993

       (3) "OVI or OVUAC violation" means a violation of section 994
4511.19 of the Revised Code or a violation of an existing or 995
former law of this state, any other state, or the United States 996
that is substantially equivalent to section 4511.19 of the Revised 997
Code.998

       (4) "Registered private provider" means a nonpublic school or 999
entity registered with the superintendent of public instruction 1000
under section 3310.41 of the Revised Code to participate in the 1001
autism scholarship program or section 3310.58 of the Revised Code 1002
to participate in the Jon Peterson special needs scholarship 1003
program.1004

       Sec. 109.578. (A) On receipt of a request pursuant to section 1005
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a 1006
completed form prescribed pursuant to division (C)(1) of this 1007
section, and a set of fingerprint impressions obtained in the 1008
manner described in division (C)(2) of this section, the 1009
superintendent of the bureau of criminal identification and 1010
investigation shall conduct a criminal records check in the manner 1011
described in division (B) of this section to determine whether any 1012
information exists that indicates that the person who is the 1013
subject of the request previously has been convicted of or pleaded 1014
guilty to any of the following:1015

       (1) A felony;1016

       (2) A violation of section 2909.03 of the Revised Code;1017

       (3) A violation of an existing or former law of this state, 1018
any other state, or the United States that is substantially 1019
equivalent to any of the offenses listed in division (A)(1) or (2) 1020
of this section.1021

       (B) Subject to division (E) of this section, the 1022
superintendent shall conduct any criminal records check pursuant 1023
to division (A) of this section as follows:1024

       (1) The superintendent shall review or cause to be reviewed 1025
any relevant information gathered and compiled by the bureau under 1026
division (A) of section 109.57 of the Revised Code that relates to 1027
the person who is the subject of the request, including any 1028
relevant information contained in records that have been sealed 1029
under section 2953.32 of the Revised Code.1030

       (2) If the request received by the superintendent asks for 1031
information from the federal bureau of investigation, the 1032
superintendent shall request from the federal bureau of 1033
investigation any information it has with respect to the person 1034
who is the subject of the request and shall review or cause to be 1035
reviewed any information the superintendent receives from that 1036
bureau.1037

       (C)(1) The superintendent shall prescribe a form to obtain 1038
the information necessary to conduct a criminal records check from 1039
any person for whom a criminal records check is requested pursuant 1040
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised 1041
Code. The form that the superintendent prescribes pursuant to this 1042
division may be in a tangible format, in an electronic format, or 1043
in both tangible and electronic formats.1044

       (2) The superintendent shall prescribe standard impression 1045
sheets to obtain the fingerprint impressions of any person for 1046
whom a criminal records check is requested pursuant to section 1047
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any 1048
person for whom a records check is requested pursuant to any of 1049
those sections shall obtain the fingerprint impressions at a 1050
county sheriff's office, a municipal police department, or any 1051
other entity with the ability to make fingerprint impressions on 1052
the standard impression sheets prescribed by the superintendent. 1053
The office, department, or entity may charge the person a 1054
reasonable fee for making the impressions. The standard impression 1055
sheets the superintendent prescribes pursuant to this division may 1056
be in a tangible format, in an electronic format, or in both 1057
tangible and electronic formats.1058

       (3) Subject to division (D) of this section, the 1059
superintendent shall prescribe and charge a reasonable fee for 1060
providing a criminal records check requested under section 1061
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The 1062
person making the criminal records request shall pay the fee 1063
prescribed pursuant to this division.1064

       (4) The superintendent may prescribe methods of forwarding 1065
fingerprint impressions and information necessary to conduct a 1066
criminal records check. The methods shall include, but are not 1067
limited to, an electronic method.1068

       (D) A determination whether any information exists that 1069
indicates that a person previously has been convicted of or 1070
pleaded guilty to any offense listed or described in division (A) 1071
of this section and that the superintendent made with respect to 1072
information considered in a criminal records check in accordance 1073
with this section is valid for the person who is the subject of 1074
the criminal records check for a period of one year from the date 1075
upon which the superintendent makes the determination. During the 1076
period in which the determination in regard to a person is valid, 1077
if another request under this section is made for a criminal 1078
records check for that person, the superintendent shall provide 1079
the information that is the basis for the superintendent's initial 1080
determination at a lower fee than the fee prescribed for the 1081
initial criminal records check.1082

       (E)(1) All information regarding the results of a criminal 1083
records check conducted under this section that the superintendent 1084
reports or sends under this section to the person, board, or 1085
entity that made the request for the criminal records check shall 1086
relate to the conviction of the subject person, or the subject 1087
person's plea of guilty to, a criminal offense.1088

       (2) Division (E)(1) of this section does not limit, restrict, 1089
or preclude the superintendent's release of information that 1090
relates to the arrest of a person who is eighteen years of age or 1091
older, to an adjudication of a child as a delinquent child, or 1092
that relates to a criminal conviction of a person under eighteen 1093
years of age if the person's case was transferred back to a 1094
juvenile court under division (B)(2) or (3) of section 2152.121 of 1095
the Revised Code and the juvenile court imposed a disposition or 1096
serious youthful offender disposition upon the person under either 1097
division, if either of the following applies with respect to the 1098
adjudication or conviction:1099

       (a) The adjudication or conviction was for a violation of 1100
section 2903.01 or 2903.02 of the Revised Code.1101

       (b) The adjudication or conviction was for a sexually 1102
oriented offense, as defined in section 2950.01 of the Revised 1103
Code, the juvenile court was required to classify the child a 1104
juvenile offender registrant for that offense under section 1105
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 1106
classification has not been removedin circumstances in which a 1107
release of that nature is authorized under division (E)(2), (3), 1108
or (4) of section 109.57 of the Revised Code pursuant to a rule 1109
adopted under division (E)(1) of that section.1110

       (F) As used in this section, "criminal records check" means 1111
any criminal records check conducted by the superintendent of the 1112
bureau of criminal identification and investigation in accordance 1113
with division (B) of this section.1114

       Sec. 122.681.  (A) Except as permitted by this section, or 1115
when required by federal law, no person or government entity shall 1116
solicit, release, disclose, receive, use, or knowingly permit or 1117
participate in the use of any information regarding an individual 1118
receiving assistance pursuant to a community services division 1119
program under sections 122.66 to 122.702 of the Revised Code for 1120
any purpose not directly related to the administration of a 1121
division assistance program.1122

       (B) To the extent permitted by federal law, the division, and 1123
any entity that receives division funds to administer a division 1124
program to assist individuals, shall release information regarding 1125
an individual assistance recipient to the following: 1126

       (1) A government entity responsible for administering the 1127
assistance program for purposes directly related to the 1128
administration of the program;1129

       (2) A law enforcement agency for the purpose of any 1130
investigation, prosecution, or criminal or civil proceeding 1131
relating to the administration of the assistance program;1132

       (3) A government entity responsible for administering a 1133
children's protective services program, for the purpose of 1134
protecting children;1135

       (4) Any appropriate person in compliance with a search 1136
warrant, subpoena, or other court order.1137

       (C) To the extent permitted by federal law and section 1138
1347.08 of the Revised Code, the division, and any entity 1139
administering a division program, shall provide access to 1140
information regarding an individual assistance recipient to all of 1141
the following:1142

       (1) The individual assistance recipient;1143

       (2) The authorized representative of the individual 1144
assistance recipient;1145

       (3) The legal guardian of the individual assistance 1146
recipient;1147

       (4) The attorney of the individual assistance recipient.1148

       (D) To the extent permitted by federal law, the division, and 1149
any entity administering a division program, may do either of the 1150
following:1151

       (1) Release information about an individual assistance 1152
recipient if the recipient gives voluntary, written authorization;1153

       (2) Release information regarding an individual assistance 1154
recipient to a state, federal, or federally assisted program that 1155
provides cash or in-kind assistance or services directly to 1156
individuals based on need.1157

       (E) The community services division, or an entity 1158
administering a division program, shall provide, at no cost, a 1159
copy of each written authorization to the individual who signed 1160
it.1161

       (F) The development services agency may adopt rules defining 1162
who may serve as an individual assistance recipient's authorized 1163
representative for purposes of division (C)(2) of this section.1164

       Sec. 307.932.  (A) As used in this section:1165

       (1) "Division of parole and community services" means the 1166
division of parole and community services of the department of 1167
rehabilitation and correction.1168

       (2) "Eligible offender" means, in relation to a particular 1169
community alternative sentencing center or district community 1170
alternative sentencing center established and operated under 1171
division (E) of this section, an offender who has been convicted 1172
of or pleaded guilty to a qualifying misdemeanor offense, for whom 1173
no provision of the Revised Code or ordinance of a municipal 1174
corporation other than section 4511.19 of the Revised Code, both 1175
sectionsections 4510.14 and 4511.19 of the Revised Code, or an 1176
ordinance or ordinances of a municipal corporation that provide 1177
the penalties for a municipal OVI offense or for both a municipal 1178
OVI ordinance and a municipal DUS ordinance of the municipal 1179
corporation requires the imposition of a mandatory jail term for 1180
that qualifying misdemeanor offense, and who is eligible to be 1181
sentenced directly to that center and admitted to it under rules 1182
adopted under division (G) of this section by the board of county 1183
commissioners or affiliated group of boards of county 1184
commissioners that established and operates that center.1185

       (3) "Municipal OVI offense" has the same meaning as in 1186
section 4511.181 of the Revised Code.1187

        (4) "OVI term of confinement" means a term of confinement 1188
imposed for a violation of section 4511.19 of the Revised Code or 1189
for a municipal OVI offense, including any mandatory jail term or 1190
mandatory term of local incarceration imposed for that violation 1191
or offense.1192

        (5) "Community residential sanction" means a community 1193
residential sanction imposed under section 2929.26 of the Revised 1194
Code for a misdemeanor violation of a section of the Revised Code 1195
or a term of confinement imposed for a misdemeanor violation of a 1196
municipal ordinance that is not a jail term.1197

       (6) "Qualifying misdemeanor offense" means a violation of any 1198
section of the Revised Code that is a misdemeanor or a violation 1199
of any ordinance of a municipal corporation located in the county 1200
that is a misdemeanor.1201

       (7) "Municipal DUS offense" means a violation of a municipal 1202
ordinance that is substantially equivalent to section 4510.14 of 1203
the Revised Code.1204

       (B)(1) The board of county commissioners of any county, in 1205
consultation with the sheriff of the county, may formulate a 1206
proposal forestablish a community alternative sentencing center 1207
that, upon implementation by the county or being subcontracted to 1208
or operated by a nonprofit organization, wouldshall be used for 1209
the confinement of eligible offenders sentenced directly to the 1210
center by a court located in theany county pursuant to a 1211
community residential sanction of not more than thirtyninety days 1212
or pursuant to an OVI term of confinement of not more than sixty1213
ninety days, and for the purpose of closely monitoring those 1214
eligible offenders' adjustment to community supervision. A board 1215
that formulatesestablishes a proposalcenter pursuant to this 1216
division shall do so by resolution.1217

       (2) The boards of county commissioners of two or more 1218
adjoining or neighboring counties, in consultation with the 1219
sheriffs of each of those counties, may affiliate and formulate1220
establish by resolution adopted by each of them a proposal for a 1221
district community alternative sentencing center that, upon 1222
implementation by the counties or being subcontracted to or 1223
operated by a nonprofit organization, wouldshall be used for the 1224
confinement of eligible offenders sentenced directly to the center 1225
by a court located in any of those countiescounty pursuant to a 1226
community residential sanction of not more than thirtyninety days 1227
or pursuant to an OVI term of confinement of not more than sixty1228
ninety days, and for the purpose of closely monitoring those 1229
eligible offenders' adjustment to community supervision. Each 1230
board that affiliates with one or more other boards to formulate1231
establish a proposalcenter pursuant to this division shall 1232
formulate the proposaldo so by resolution.1233

       (C) Each proposal forresolution establishing a community 1234
alternative sentencing center or a district community alternative 1235
sentencing center that is formulated under division (B)(1) or (2) 1236
of this section shall include proposalsprovisions for operation 1237
of the center and for criteria to define which offenders are 1238
eligible to be sentenced directly to the center and admitted to 1239
it. At a minimum, the proposed criteria that define which 1240
offenders are eligible to be sentenced directly to the center and 1241
admitted to it shall provide all of the following:1242

       (1) Thatthat an offender is eligible to be sentenced 1243
directly to the center and admitted to it if the offender has been 1244
convicted of or pleaded guilty to a qualifying misdemeanor offense 1245
and is sentenced directly to the center for the qualifying 1246
misdemeanor offense pursuant to a community residential sanction 1247
of not more than thirtyninety days or pursuant to an OVI term of 1248
confinement of not more than sixtyninety days by a court that is 1249
located in theany county or one of the counties served by the 1250
board of county commissioners or by any of the affiliated group of 1251
boards of county commissioners that submits the proposal;1252

       (2) That, except as otherwise provided in this division, no 1253
offender is eligible to be sentenced directly to the center or 1254
admitted to it if, in addition to the community residential 1255
sanction or OVI term of confinement described in division (C)(1) 1256
of this section, the offender is serving or has been sentenced to 1257
serve any other jail term, prison term, or community residential 1258
sanction. A mandatory jail term or electronic monitoring imposed 1259
in lieu of a mandatory jail term for a violation of section 1260
4511.19 of the Revised Code, for a municipal OVI offense, or for 1261
either such offense and a similar offense that exceeds sixty days 1262
of confinement shall not disqualify the offender from serving 1263
sixty days of the mandatory jail term at the center.1264

       (D) If a proposal for a community alternative sentencing 1265
center or a district community alternative sentencing center that 1266
is formulatedestablished under division (B)(1) or (2) of this 1267
section contemplates the use of an existing facility, or a part of 1268
an existing facility, as the center, nothing in this section 1269
limits, restricts, or precludes the use of the facility, the part 1270
of the facility, or any other part of the facility for any purpose 1271
other than as a community alternative sentencing center or 1272
district community alternative sentencing center.1273

       (E) The establishment and operation of a community 1274
alternative sentencing center or district community alternative 1275
sentencing center may be done by subcontracting with a nonprofit 1276
organization for the operation of the center.1277

       If a board of county commissioners or an affiliated group of 1278
boards of county commissioners establishes and operates or 1279
subcontracts with a nonprofit organization for the operation of a 1280
community alternative sentencing center or district community 1281
alternative sentencing center under this division, except as 1282
otherwise provided in this division, the center is not a minimum 1283
security jail under section 341.14, section 753.21, or any other 1284
provision of the Revised Code, is not a jail or alternative 1285
residential facility as defined in section 2929.01 of the Revised 1286
Code, is not required to satisfy or comply with minimum standards 1287
for minimum security jails or other jails that are promulgated 1288
under division (A) of section 5120.10 of the Revised Code, is not 1289
a local detention facility as defined in section 2929.36 of the 1290
Revised Code, and is not a residential unit as defined in section 1291
2950.01 of the Revised Code. The center is a detention facility as 1292
defined in sections 2921.01 and 2923.124 of the Revised Code, and 1293
an eligible offender confined in the center is under detention as 1294
defined in section 2921.01 of the Revised Code. Regarding persons 1295
sentenced directly to the center under an OVI term of confinement 1296
or under both an OVI term of confinement and confinement for a 1297
violation of section 4510.14 of the Revised Code or a municipal 1298
DUS offense, the center shall be considered a "jail" or "local 1299
correctional facility" for purposes of any provision in section 1300
4510.14 or 4511.19 of the Revised Code or in an ordinance of a 1301
municipal corporation that requires a mandatory jail term or 1302
mandatory term of local incarceration for the violation of section 1303
4511.19 of the Revised Code, the violation of both section 4510.14 1304
and 4511.19 of the Revised Code, the municipal OVI offense, or the 1305
municipal OVI offense and the municipal DUS offense, and a direct 1306
sentence of a person to the center under an OVI term of 1307
confinement or under both an OVI term of confinement and 1308
confinement for a violation of section 4510.14 of the Revised Code 1309
or a municipal DUS offense shall be considered to be a sentence to 1310
a "jail" or "local correctional facility" for purposes of any such 1311
provision in section 4510.14 or 4511.19 of the Revised Code or in 1312
an ordinance of a municipal corporation.1313

       (F)(1) If the board of county commissioners of a county that 1314
is being served by a community alternative sentencing center 1315
established pursuant to division (E) of this section determines 1316
that it no longer wants to be served by the center, the board may 1317
dissolve the center by adopting a resolution evidencing the 1318
determination to dissolve the center.1319

       (2) If the boards of county commissioners of all of the 1320
counties served by any district community alternative sentencing 1321
center established pursuant to division (E) of this section 1322
determine that they no longer want to be served by the center, the 1323
boards may dissolve the center by adopting in each county a 1324
resolution evidencing the determination to dissolve the center. 1325

       (3) If at least one, but not all, of the boards of county 1326
commissioners of the counties being served by any district 1327
community alternative sentencing center established pursuant to 1328
division (E) of this section determines that it no longer wants to 1329
be served by the center, the board may terminate its involvement 1330
with the center by adopting a resolution evidencing the 1331
determination to terminate its involvement with the center. If at 1332
least one, but not all, of the boards of county commissioners of 1333
the counties being served by any community alternative sentencing 1334
center terminates its involvement with the center in accordance 1335
with this division, the other boards of county commissioners of 1336
the counties being served by the center may continue to be served 1337
by the center.1338

       (G) Prior to establishing or operating a community 1339
alternative sentencing center or a district community alternative 1340
sentencing center, the board of county commissioners or the 1341
affiliated group of boards of county commissioners that formulated1342
established the proposalcenter shall adopt rules for the 1343
operation of the center. The rules shall include criteria that 1344
define which offenders are eligible to be sentenced directly to 1345
the center and admitted to it. 1346

       (H) If a board of county commissioners establishes and1347
operates or subcontracts with a nonprofit organization for the 1348
operation of a community alternative sentencing center under 1349
division (E) of this section, or an affiliated group of boards of 1350
county commissioners establishes and operates or subcontracts 1351
with a nonprofit organization for the operation of a district 1352
community alternative sentencing center under that divisionthis 1353
section, all of the following apply:1354

       (1) AnyWith the approval of the operator of the center, a1355
court located within theany county served by the board that 1356
establishes and operates a community alternative sentencing center1357
may directly sentence eligible offenders to thea community 1358
alternative sentencing center or district community alternative 1359
sentencing center pursuant to a community residential sanction of 1360
not more than thirtyninety days or pursuant to an OVI term of 1361
confinement, a combination of an OVI term of confinement and 1362
confinement for a violation of section 4510.14 of the Revised 1363
Code, or confinement for a municipal DUS offense of not more than 1364
ninety days. Any court located within a county served by any of 1365
the boards that establishes and operates a district community 1366
alternative sentencing center may directly sentence eligible 1367
offenders to the center pursuant to a community residential 1368
sanction of not more than thirty days or pursuant to an OVI term 1369
of confinement, a combination of an OVI term of confinement and 1370
confinement for a violation of section 4510.14 of the Revised 1371
Code, or confinement for a municipal DUS offense of not more than 1372
sixty days.1373

       (2) Each eligible offender who is sentenced to the center as 1374
described in division (H)(1) of this section and admitted to it 1375
shall be offered during the eligible offender's confinement at the 1376
center educational and vocational services and reentry planning 1377
and may be offered any other treatment and rehabilitative services 1378
that are available and that the court that sentenced the 1379
particular eligible offender to the center and the administrator 1380
of the center determine are appropriate based upon the offense for 1381
which the eligible offender was sentenced to the community 1382
residential sanction and the length of the sanction. 1383

       (3) Before accepting an eligible offender sentenced to the 1384
center by a court, the board or the affiliated group of boards 1385
shall enter into an agreement with a political subdivision that 1386
operates that court that addresses the cost and payment of medical 1387
treatment or services received by eligible offenders sentenced by 1388
that court while they are confined in the center. The agreement 1389
may provide for the payment of the costs by the particular 1390
eligible offender who receives the treatment or services, as 1391
described in division (I) of this section.1392

       (4) If a court sentences an eligible offender to a center 1393
under authority of division (H)(1) of this section, immediately 1394
after the sentence is imposed, the eligible offender shall be 1395
taken to the probation department that serves the court. The 1396
department shall handle any preliminary matters regarding the 1397
admission of the eligible offender to the center, including a 1398
determination as to whether the eligible offender may be admitted 1399
to the center under the criteria included in the rules adopted 1400
under division (G) of this section that define which offenders are 1401
eligible to be sentenced and admitted to the center. If the 1402
eligible offender is accepted for admission to the center, the 1403
department shall schedule the eligible offender for the admission 1404
and shall provide for the transportation of the offender to the 1405
center. If an eligible offender who is sentenced to the center 1406
under a community residential sanction is not accepted for 1407
admission to the center for any reason, the nonacceptance shall be 1408
considered a violation of a condition of the community residential 1409
sanction, the eligible offender shall be taken before the court 1410
that imposed the sentence, and the court may proceed as specified 1411
in division (C)(2) of section 2929.25 of the Revised Code based on 1412
the violation or as provided by ordinance of the municipal 1413
corporation based on the violation, whichever is applicable. If an 1414
eligible offender who is sentenced to the center under an OVI term 1415
of confinement is not accepted for admission to the center for any 1416
reason, the eligible offender shall be taken before the court that 1417
imposed the sentence, and the court shall determine the place at 1418
which the offender is to serve the term of confinement. If thean1419
eligible offender a court sentences to the center is admitted to 1420
the center, all of the following apply:1421

       (a) The admission shall be under the terms and conditions 1422
established by the court and the administrator of the center, and 1423
the court and the administrator of the center shall provide for 1424
the confinement of the eligible offender and supervise the 1425
eligible offender as provided in divisions (H)(4)(b) to (f) of 1426
this section.1427

       (b) The eligible offender shall be confined in the center 1428
during any period of time that the eligible offender is not 1429
actually working at the eligible offender's approved work release 1430
described in division (H)(4)(c) of this section, engaged in 1431
community service activities described in division (H)(4)(d) of 1432
this section, engaged in authorized vocational training or another 1433
authorized educational program, engaged in another program 1434
designated by the administrator of the center, or engaged in other 1435
activities approved by the court and the administrator of the 1436
center.1437

       (c) If the court and the administrator of the center 1438
determine that work release is appropriate based upon the offense 1439
for which the eligible offender was sentenced to the community 1440
residential sanction or OVI term of confinement and the length of 1441
the sanction or term, the eligible offender may be offered work 1442
release from confinement at the center and be released from 1443
confinement while engaged in the work release.1444

       (d) An eligible offender may not participate in community 1445
service without the court's approval. If the administrator of the 1446
center determines that community service is appropriate and if the 1447
eligible offender will be confined for more than ten days at the 1448
center, the eligible offender may be required to participate in 1449
community service activities approved by the court and by the 1450
political subdivision served by the court. Community service 1451
activities that may be required under this division may take place 1452
in facilities of the political subdivision that operates the 1453
court, in the community, or in both such locales. The eligible 1454
offender shall be released from confinement while engaged in the 1455
community service activities. Community service activities 1456
required under this division shall be supervised by the court or 1457
an official designated by the board of county commissioners or 1458
affiliated group of boards of county commissioners that 1459
established and is operating the center. Community service 1460
activities required under this division shall not exceed in 1461
duration the period for which the eligible offender will be 1462
confined at the center under the community residential sanction or 1463
the OVI term of confinement.1464

       (e) The confinement of the eligible offender in the center 1465
shall be considered for purposes of this division and division 1466
(H)(4)(f) of this section as including any period of time 1467
described in division (H)(4)(b) of this section when the eligible 1468
offender may be outside of the center and shall continue until the 1469
expiration of the community residential sanction, the OVI term of 1470
confinement, or the combination of the OVI term of confinement and 1471
the confinement for the violation of section 4510.14 of the 1472
Revised Code or the municipal DUS ordinance that the eligible 1473
offender is serving upon admission to the center.1474

       (f) After the admission and until the expiration of the 1475
community residential sanction or OVI term of confinement that the 1476
eligible offender is serving upon admission to the center, the 1477
eligible offender shall be considered for purposes of any 1478
provision in Title XXIX of the Revised Code to be serving the 1479
community residential sanction or OVI term of confinement.1480

       (5) The administrator of the center, or the administrator's 1481
designee, shall post a sign as described in division (A)(4) of 1482
section 2923.1212 of the Revised Code in a conspicuous location at 1483
the center.1484

       (I) The board of county commissioners that establishes and 1485
operates a community alternative sentencing center under division 1486
(E) of this section, or the affiliated group of boards of county 1487
commissioners that establishes and operates a district community 1488
alternative sentencing center under that divisionthis section, 1489
may require an eligible offender who is sentenced directly to the 1490
center and admitted to it to pay to the county served by the board 1491
or the counties served by the affiliated group of boards or the 1492
entity operating the center the reasonable expenses incurred by 1493
the county or counties, whichever is applicable, in supervising or 1494
confining the eligible offender after being sentenced to the 1495
center and admitted. Inability to pay those reasonable expenses 1496
shall not be grounds for refusing to admit an otherwise eligible 1497
offender to the center.1498

       (J)(1) If an eligible offender who is directly sentenced to a 1499
community alternative sentencing center or district community 1500
alternative sentencing center and admitted to the center 1501
successfully completes the service of the community residential 1502
sanction in the center, the administrator of the center shall 1503
notify the court that imposed the sentence, and the court shall 1504
enter into the journal that the eligible offender successfully 1505
completed the service of the sanction.1506

       (2) If an eligible offender who is directly sentenced to a 1507
community alternative sentencing center or district community 1508
alternative sentencing center and admitted to the center violates 1509
any rule established under this section by the board of county 1510
commissioners or the affiliated group of boards of county 1511
commissioners that establishes and operates the center, violates 1512
any condition of the community residential sanction, the OVI term 1513
of confinement, or the combination of the OVI term of confinement 1514
and the confinement for the violation of section 4510.14 of the 1515
Revised Code or the municipal OVI ordinance imposed by the 1516
sentencing court, or otherwise does not successfully complete the 1517
service of the community residential sanction or OVI term of 1518
confinement in the center, the administrator of the center shall 1519
report the violation or failure to successfully complete the 1520
sanction or term directly to the court or to the probation 1521
department or probation officer with general control and 1522
supervision over the eligible offender. A failure to successfully 1523
complete the service of the community residential sanction, the 1524
OVI term of confinement, or the combination of the OVI term of 1525
confinement and the confinement for the violation of section 1526
4510.14 of the Revised Code or the municipal OVI ordinance in the 1527
center shall be considered a violation of a condition of the 1528
community residential sanction or the OVI term of confinement. If 1529
the administrator reports the violation to the probation 1530
department or probation officer, the department or officer shall 1531
report the violation to the court. Upon its receipt under this 1532
division of a report of a violation or failure to complete the 1533
sanction by a person sentenced to the center under a community 1534
residential sanction, the court may proceed as specified in 1535
division (C)(2) of section 2929.25 of the Revised Code based on 1536
the violation or as provided by ordinance of the municipal 1537
corporation based on the violation, whichever is applicable. Upon 1538
its receipt under this division of a report of a violation or 1539
failure to complete the term by a person sentenced to the center 1540
under an OVI term of confinement, the court shall determine the 1541
place at which the offender is to serve the remainder of the term 1542
of confinement. The eligible offender shall receive credit towards 1543
completing the eligible offender's sentence for the time spent in 1544
the center after admission to it.1545

       Sec. 2151.311.  (A) A person taking a child into custody 1546
shall, with all reasonable speed and in accordance with division 1547
(C) of this section, either:1548

       (1) Release the child to the child's parents, guardian, or 1549
other custodian, unless the child's detention or shelter care 1550
appears to be warranted or required as provided in section 2151.31 1551
of the Revised Code;1552

       (2) Bring the child to the court or deliver the child to a 1553
place of detention or shelter care designated by the court and 1554
promptly give notice thereof, together with a statement of the 1555
reason for taking the child into custody, to a parent, guardian, 1556
or other custodian and to the court.1557

       (B) If a parent, guardian, or other custodian fails, when 1558
requested by the court, to bring the child before the court as 1559
provided by this section, the court may issue its warrant 1560
directing that the child be taken into custody and brought before 1561
the court.1562

       (C)(1) Before taking any action required by division (A) of 1563
this section, a person taking a child into custody may hold the 1564
child for processing purposes in a county, multicounty, or 1565
municipal jail or workhouse, or other place where an adult 1566
convicted of crime, under arrest, or charged with crime is held 1567
for either of the following periods of time:1568

       (a) For a period not to exceed six hours, if all of the 1569
following apply:1570

       (i) The child is alleged to be a delinquent child for the 1571
commission of an act that would be a felony if committed by an 1572
adult;1573

       (ii) The child remains beyond the range of touch of all adult 1574
detainees;1575

       (iii) The child is visually supervised by jail or workhouse 1576
personnel at all times during the detention;1577

       (iv) The child is not handcuffed or otherwise physically 1578
secured to a stationary object during the detention.1579

       (b) For a period not to exceed three hours, if all of the 1580
following apply:1581

       (i) The child is alleged to be a delinquent child for the 1582
commission of an act that would be a misdemeanor if committed by 1583
an adult, is alleged to be a delinquent child for being a chronic 1584
truant or an habitual truant who previously has been adjudicated 1585
an unruly child for being an habitual truant, or is alleged to be 1586
an unruly child or a juvenile traffic offender;1587

       (ii) The child remains beyond the range of touch of all adult 1588
detainees;1589

       (iii) The child is visually supervised by jail or workhouse 1590
personnel at all times during the detention;1591

       (iv) The child is not handcuffed or otherwise physically 1592
secured to a stationary object during the detention.1593

       (2) If a child has been transferred to an adult court for 1594
prosecution for the alleged commission of a criminal offense, 1595
subsequent to the transfer, the child may be held as described in 1596
division (F) of section 2152.26 or division (B) of section 5120.16 1597
of the Revised Code.1598

       (D) If a person who is alleged to be or has been adjudicated 1599
a delinquent child or who is in any other category of persons 1600
identified in this section is confined under authority of this 1601
section in a place specified in division (C) of this section, the 1602
fact of the person's admission to and confinement in that place is 1603
restricted as described in division (G) of section 2152.26 of the 1604
Revised Code.1605

        (E) As used in division (C)(1) of this section, "processing 1606
purposes" means all of the following:1607

       (1) Fingerprinting, photographing, or fingerprinting and 1608
photographing the child in a secure area of the facility;1609

       (2) Interrogating the child, contacting the child's parent or 1610
guardian, arranging for placement of the child, or arranging for 1611
transfer or transferring the child, while holding the child in a 1612
nonsecure area of the facility.1613

       Sec. 2151.356.  (A) The records of a case in which a person 1614
was adjudicated a delinquent child for committing a violation of 1615
section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not 1616
be sealed under this section.1617

       (B)(1) The juvenile court shall promptly order the immediate 1618
sealing of records pertaining to a juvenile in any of the 1619
following circumstances:1620

       (a) If the court receives a record from a public office or 1621
agency under division (B)(2) of this section;1622

       (b) If a person was brought before or referred to the court 1623
for allegedly committing a delinquent or unruly act and the case 1624
was resolved without the filing of a complaint against the person 1625
with respect to that act pursuant to section 2151.27 of the 1626
Revised Code;1627

       (c) If a person was charged with violating division (E)(1) of 1628
section 4301.69 of the Revised Code and the person has 1629
successfully completed a diversion program under division 1630
(E)(2)(a) of section 4301.69 of the Revised Code with respect to 1631
that charge;1632

       (d) If a complaint was filed against a person alleging that 1633
the person was a delinquent child, an unruly child, or a juvenile 1634
traffic offender and the court dismisses the complaint after a 1635
trial on the merits of the case or finds the person not to be a 1636
delinquent child, an unruly child, or a juvenile traffic offender;1637

       (e) Notwithstanding division (C) of this section and subject 1638
to section 2151.358 of the Revised Code, if a person has been 1639
adjudicated an unruly child, that person has attained eighteen 1640
years of age, and the person is not under the jurisdiction of the 1641
court in relation to a complaint alleging the person to be a 1642
delinquent child. 1643

       (2) The appropriate public office or agency shall immediately 1644
deliver all original records at that public office or agency 1645
pertaining to a juvenile to the court, if the person was arrested 1646
or taken into custody for allegedly committing a delinquent or 1647
unruly act, no complaint was filed against the person with respect 1648
to the commission of the act pursuant to section 2151.27 of the 1649
Revised Code, and the person was not brought before or referred to 1650
the court for the commission of the act. The records delivered to 1651
the court as required under this division shall not include 1652
fingerprints, DNA specimens, and DNA records described under 1653
division (A)(3) of section 2151.357 of the Revised Code.1654

       (C)(1) The juvenile court shall consider the sealing of 1655
records pertaining to a juvenile upon the court's own motion or 1656
upon the application of a person if the person has been 1657
adjudicated a delinquent child for committing an act other than a 1658
violation of section 2903.01, 2903.02, or 2907.02 of the Revised 1659
Code, an unruly child, or a juvenile traffic offender and if, at 1660
the time of the motion or application, the person is not under the 1661
jurisdiction of the court in relation to a complaint alleging the 1662
person to be a delinquent child. The court shall not require a fee 1663
for the filing of the application. The motion or application may 1664
be made on or after the time specified in whichever of the 1665
following is applicable:1666

       (a) If the person is under eighteen years of age, at any time 1667
after six months after any of the following events occur:1668

       (a)(i) The termination of any order made by the court in 1669
relation to the adjudication;1670

       (b)(ii) The unconditional discharge of the person from the 1671
department of youth services with respect to a dispositional order 1672
made in relation to the adjudication or from an institution or 1673
facility to which the person was committed pursuant to a 1674
dispositional order made in relation to the adjudication;1675

       (c)(iii) The court enters an order under section 2152.84 or 1676
2152.85 of the Revised Code that contains a determination that the 1677
child is no longer a juvenile offender registrant.1678

       (b) If the person is eighteen years of age or older, at any 1679
time after the later of the following:1680

       (i) The person's attainment of eighteen years of age;1681

       (ii) The occurrence of any event identified in divisions 1682
(C)(1)(a)(i) to (iii) of this section.1683

       (2) In making the determination whether to seal records 1684
pursuant to division (C)(1) of this section, all of the following 1685
apply:1686

       (a) The court may require a person filing an application 1687
under division (C)(1) of this section to submit any relevant 1688
documentation to support the application.1689

       (b) The court may cause an investigation to be made to 1690
determine if the person who is the subject of the proceedings has 1691
been rehabilitated to a satisfactory degree.1692

       (c) The court shall promptly notify the prosecuting attorney 1693
of any proceedings to seal records initiated pursuant to division 1694
(C)(1) of this section.1695

       (d)(i) The prosecuting attorney may file a response with the 1696
court within thirty days of receiving notice of the sealing 1697
proceedings.1698

       (ii) If the prosecuting attorney does not file a response 1699
with the court or if the prosecuting attorney files a response but 1700
indicates that the prosecuting attorney does not object to the 1701
sealing of the records, the court may order the records of the 1702
person that are under consideration to be sealed without 1703
conducting a hearing on the motion or application. If the court 1704
decides in its discretion to conduct a hearing on the motion or 1705
application, the court shall conduct the hearing within thirty 1706
days after making that decision and shall give notice, by regular 1707
mail, of the date, time, and location of the hearing to the 1708
prosecuting attorney and to the person who is the subject of the 1709
records under consideration.1710

       (iii) If the prosecuting attorney files a response with the 1711
court that indicates that the prosecuting attorney objects to the 1712
sealing of the records, the court shall conduct a hearing on the 1713
motion or application within thirty days after the court receives 1714
the response. The court shall give notice, by regular mail, of the 1715
date, time, and location of the hearing to the prosecuting 1716
attorney and to the person who is the subject of the records under 1717
consideration.1718

       (e) After conducting a hearing in accordance with division 1719
(C)(2)(d) of this section or after due consideration when a 1720
hearing is not conducted, except as provided in division (B)(1)(c) 1721
of this section, the court may order the records of the person 1722
that are the subject of the motion or application to be sealed if 1723
it finds that the person has been rehabilitated to a satisfactory 1724
degree. In determining whether the person has been rehabilitated 1725
to a satisfactory degree, the court may consider all of the 1726
following:1727

       (i) The age of the person;1728

       (ii) The nature of the case;1729

       (iii) The cessation or continuation of delinquent, unruly, or 1730
criminal behavior;1731

       (iv) The education and employment history of the person;1732

       (v) The granting of a new tier classification or 1733
declassification from the juvenile offender registry pursuant to 1734
section 2152.85 of the Revised Code, except for public 1735
registry-qualified juvenile offender registrants;1736

       (vi) Any other circumstances that may relate to the 1737
rehabilitation of the person who is the subject of the records 1738
under consideration.1739

       (D)(1)(a) The juvenile court shall provide verbal notice to a 1740
person whose records are sealed under division (B) of this 1741
section, if that person is present in the court at the time the 1742
court issues a sealing order, that explains what sealing a record 1743
means, states that the person may apply to have those records 1744
expunged under section 2151.358 of the Revised Code, and explains 1745
what expunging a record means.1746

       (b) The juvenile court shall provide written notice to a 1747
person whose records are sealed under division (B) of this section 1748
by regular mail to the person's last known address, if that person 1749
is not present in the court at the time the court issues a sealing 1750
order and if the court does not seal the person's record upon the 1751
court's own motion, that explains what sealing a record means, 1752
states that the person may apply to have those records expunged 1753
under section 2151.358 of the Revised Code, and explains what 1754
expunging a record means.1755

       (2) Upon final disposition of a case in which a person has 1756
been adjudicated a delinquent child for committing an act other 1757
than a violation of section 2903.01, 2903.02, or 2907.02 of the 1758
Revised Code, an unruly child, or a juvenile traffic offender, the 1759
juvenile court shall provide written notice to the person that 1760
does all of the following:1761

       (a) States that the person may apply to the court for an 1762
order to seal the record;1763

       (b) Explains what sealing a record means;1764

       (c) States that the person may apply to the court for an 1765
order to expunge the record under section 2151.358 of the Revised 1766
Code;1767

       (d) Explains what expunging a record means.1768

       (3) The department of youth services and any other 1769
institution or facility that unconditionally discharges a person 1770
who has been adjudicated a delinquent child, an unruly child, or a 1771
juvenile traffic offender shall immediately give notice of the 1772
discharge to the court that committed the person. The court shall 1773
note the date of discharge on a separate record of discharges of 1774
those natures.1775

       Sec. 2151.357.  (A) If the court orders the records of a 1776
person sealed pursuant to section 2151.356 of the Revised Code, 1777
the person who is subject of the order properly may, and the court 1778
shall, reply that no record exists with respect to the person upon 1779
any inquiry in the matter, and the court, except as provided in 1780
division (D) of this section, shall do all of the following:1781

       (1) Order that the proceedings in a case described in 1782
divisions (B) and (C) of section 2151.356 of the Revised Code be 1783
deemed never to have occurred;1784

       (2) Except as provided in division (C) of this section, 1785
delete all index references to the case and the person so that the 1786
references are permanently irretrievable;1787

       (3) Order that all original records of the case maintained by 1788
any public office or agency, except fingerprints held by a law 1789
enforcement agency, DNA specimens collected pursuant to section 1790
2152.74 of the Revised Code, and DNA records derived from DNA 1791
specimens pursuant to section 109.573 of the Revised Code, be 1792
delivered to the court;1793

       (4) Order each public office or agency, upon the delivering 1794
of records to the court under division (A)(3) of this section, to 1795
expunge remaining records of the case that are the subject of the 1796
sealing order that are maintained by that public office or agency, 1797
except fingerprints, DNA specimens, and DNA records described 1798
under division (A)(3) of this section;1799

       (5) Send notice of the order to seal to any public office or 1800
agency that the court has reason to believe may have a record of 1801
the sealed record including, but not limited to, the bureau of 1802
criminal identification and investigation;1803

       (6) Seal all of the records delivered to the court under 1804
division (A)(3) of this section, in a separate file in which only 1805
sealed records are maintained.1806

       (B) Except as provided in division (D) of this section, an 1807
order to seal under section 2151.356 of the Revised Code applies 1808
to every public office or agency that has a record relating to the 1809
case, regardless of whether it receives notice of the hearing on 1810
the sealing of the record or a copy of the order. Except as 1811
provided in division (D) of this section, upon the written request 1812
of a person whose record has been sealed and the presentation of a 1813
copy of the order and compliance with division (A)(3) of this 1814
section, a public office or agency shall expunge its record 1815
relating to the case, except a record of the adjudication or 1816
arrest or taking into custody that is maintained for compiling 1817
statistical data and that does not contain any reference to the 1818
person who is the subject of the order.1819

       (C) The court that maintains sealed records pursuant to this 1820
section may maintain a manual or computerized index of the sealed 1821
records and shall make the index available only for the purposes 1822
set forth in division (E) of this section.1823

       (1) Each entry regarding a sealed record in the index of 1824
sealed records shall contain all of the following:1825

       (a) The name of the person who is the subject of the sealed 1826
record;1827

       (b) An alphanumeric identifier relating to the person who is 1828
the subject of the sealed record;1829

       (c) The word "sealed";1830

       (d) The name of the court that has custody of the sealed 1831
record.1832

       (2) Any entry regarding a sealed record in the index of 1833
sealed records shall not contain either of the following:1834

       (a) The social security number of the person who is subject 1835
of the sealed record;1836

       (b) The name or a description of the act committed.1837

       (D) Notwithstanding any provision of this section that 1838
requires otherwise, a board of education of a city, local, 1839
exempted village, or joint vocational school district that 1840
maintains records of an individual who has been permanently 1841
excluded under sections 3301.121 and 3313.662 of the Revised Code 1842
is permitted to maintain records regarding an adjudication that 1843
the individual is a delinquent child that was used as the basis 1844
for the individual's permanent exclusion, regardless of a court 1845
order to seal the record. An order issued under section 2151.356 1846
of the Revised Code to seal the record of an adjudication that an 1847
individual is a delinquent child does not revoke the adjudication 1848
order of the superintendent of public instruction to permanently 1849
exclude the individual who is the subject of the sealing order. An 1850
order to seal the record of an adjudication that an individual is 1851
a delinquent child may be presented to a district superintendent 1852
as evidence to support the contention that the superintendent 1853
should recommend that the permanent exclusion of the individual 1854
who is the subject of the sealing order be revoked. Except as 1855
otherwise authorized by this division and sections 3301.121 and 1856
3313.662 of the Revised Code, any school employee in possession of 1857
or having access to the sealed adjudication records of an 1858
individual that were the basis of a permanent exclusion of the 1859
individual is subject to division (F) of this section.1860

       (E) Inspection of records that have been ordered sealed under 1861
section 2151.356 of the Revised Code may be made only by the 1862
following persons or for the following purposes:1863

       (1) By the court;1864

       (2) If the records in question pertain to an act that would 1865
be an offense of violence that would be a felony if committed by 1866
an adult, by any law enforcement officer or any prosecutor, or the 1867
assistants of a law enforcement officer or prosecutor, for any 1868
valid law enforcement or prosecutorial purpose;1869

       (3) Upon application by the person who is the subject of the 1870
sealed records, by the person that is named in that application;1871

       (4) If the records in question pertain to an alleged 1872
violation of division (E)(1) of section 4301.69 of the Revised 1873
Code, by any law enforcement officer or any prosecutor, or the 1874
assistants of a law enforcement officer or prosecutor, for the 1875
purpose of determining whether the person is eligible for 1876
diversion under division (E)(2) of section 4301.69 of the Revised 1877
Code;1878

       (5) At the request of a party in a civil action that is based 1879
on a case the records for which are the subject of a sealing order 1880
issued under section 2151.356 of the Revised Code, as needed for 1881
the civil action. The party also may copy the records as needed 1882
for the civil action. The sealed records shall be used solely in 1883
the civil action and are otherwise confidential and subject to the 1884
provisions of this section;1885

       (6) By the attorney general or an authorized employee of the 1886
attorney general or the court for purposes of determining whether 1887
a child is a public registry-qualified juvenile offender 1888
registrant, as defined in section 2950.01 of the Revised Code, for 1889
purposes of Chapter 2950. of the Revised Code.1890

       (F) No officer or employee of the state or any of its 1891
political subdivisions shall knowingly release, disseminate, or 1892
make available for any purpose involving employment, bonding, 1893
licensing, or education to any person or to any department, 1894
agency, or other instrumentality of the state or of any of its 1895
political subdivisions any information or other data concerning 1896
any arrest, taking into custody, complaint, indictment, 1897
information, trial, hearing, adjudication, or correctional 1898
supervision, the records of which have been sealed pursuant to 1899
section 2151.356 of the Revised Code and the release, 1900
dissemination, or making available of which is not expressly 1901
permitted by this section. Whoever violates this division is 1902
guilty of divulging confidential information, a misdemeanor of the 1903
fourth degree.1904

       (G) In any application for employment, license, or other 1905
right or privilege, any appearance as a witness, or any other 1906
inquiry, a person may not be questioned with respect to any arrest 1907
or taking into custody for which the records were sealed. If an 1908
inquiry is made in violation of this division, the person may 1909
respond as if the sealed arrest or taking into custody did not 1910
occur, and the person shall not be subject to any adverse action 1911
because of the arrest or taking into custody or the response.1912

       (H) The judgment rendered by the court under this chapter 1913
shall not impose any of the civil disabilities ordinarily imposed 1914
by conviction of a crime in that the child is not a criminal by 1915
reason of the adjudication, and no child shall be charged with or 1916
convicted of a crime in any court except as provided by this 1917
chapter. The disposition of a child under the judgment rendered or 1918
any evidence given in court shall not operate to disqualify a 1919
child in any future civil service examination, appointment, or 1920
application. Evidence of a judgment rendered and the disposition 1921
of a child under the judgment is not admissible to impeach the 1922
credibility of the child in any action or proceeding. Otherwise, 1923
the disposition of a child under the judgment rendered or any 1924
evidence given in court is admissible as evidence for or against 1925
the child in any action or proceeding in any court in accordance 1926
with the Rules of Evidence and also may be considered by any court 1927
as to the matter of sentence or to the granting of probation, and 1928
a court may consider the judgment rendered and the disposition of 1929
a child under that judgment for purposes of determining whether 1930
the child, for a future criminal conviction or guilty plea, is a 1931
repeat violent offender, as defined in section 2929.01 of the 1932
Revised Code.1933

       Sec. 2152.26.  (A) Except as provided in divisions (B) and 1934
(F) of this section, a child alleged to be or adjudicated a 1935
delinquent child or a juvenile traffic offender may be held only 1936
in the following places:1937

       (1) A certified foster home or a home approved by the court;1938

       (2) A facility operated by a certified child welfare agency;1939

       (3) Any other suitable place designated by the court.1940

       (B) In addition to the places listed in division (A) of this 1941
section, a child alleged to be or adjudicated a delinquent child 1942
or a person described in division (C)(7) of section 2152.02 of the 1943
Revised Code may be held in a detention facility for delinquent 1944
children that is under the direction or supervision of the court 1945
or other public authority or of a private agency and approved by 1946
the court, and a child adjudicated a delinquent child may be held 1947
in accordance with division (F)(2) of this section in a facility 1948
of a type specified in that division. Division (B) of this section1949
This division does not apply to a child alleged to be or 1950
adjudicated a delinquent child for chronic truancy, unless the 1951
child violated a lawful court order made pursuant to division 1952
(A)(6) of section 2152.19 of the Revised Code. Division (B) of 1953
this sectionThis division also does not apply to a child alleged 1954
to be or adjudicated a delinquent child for being an habitual 1955
truant who previously has been adjudicated an unruly child for 1956
being an habitual truant, unless the child violated a lawful court 1957
order made pursuant to division (C)(1)(e) of section 2151.354 of 1958
the Revised Code.1959

       (C)(1) Except as provided under division (C)(1) of section 1960
2151.311 of the Revised Code or division (A)(5) of section 2152.21 1961
of the Revised Code, a child alleged to be or adjudicated a 1962
juvenile traffic offender may not be held in any of the following 1963
facilities:1964

       (a) A state correctional institution, county, multicounty, or 1965
municipal jail or workhouse, or other place in which an adult 1966
convicted of crime, under arrest, or charged with a crime is held.1967

       (b) A secure correctional facility.1968

       (2) Except as provided under this section, sections 2151.56 1969
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the 1970
Revised Code, a child alleged to be or adjudicated a juvenile 1971
traffic offender may not be held for more than twenty-four hours 1972
in a detention facility.1973

       (D) Except as provided in division (F) of this section or in 1974
division (C) of section 2151.311, in division (C)(2) of section 1975
5139.06 and section 5120.162, or in division (B) of section 1976
5120.16 of the Revised Code, a child who is alleged to be or is 1977
adjudicated a delinquent child or a person described in division 1978
(C)(7) of section 2152.02 of the Revised Code may not be held in a 1979
state correctional institution, county, multicounty, or municipal 1980
jail or workhouse, or other place where an adult convicted of 1981
crime, under arrest, or charged with crime is held.1982

       (E) Unless the detention is pursuant to division (F) of this 1983
section or division (C) of section 2151.311, division (C)(2) of 1984
section 5139.06 and section 5120.162, or division (B) of section 1985
5120.16 of the Revised Code, the official in charge of the 1986
institution, jail, workhouse, or other facility shall inform the 1987
court immediately when a person who is or appears to be under the 1988
age of eighteen years, or a person who is charged with a violation 1989
of an order of a juvenile court or a violation of probation or 1990
parole conditions imposed by a juvenile court and who is or 1991
appears to be between the ages of eighteen and twenty-one years, 1992
is received at the facility and shall deliver the person to the 1993
court upon request or transfer the person to a detention facility 1994
designated by the court.1995

       (F)(1) If a case is transferred to another court for criminal 1996
prosecution pursuant to section 2152.12 of the Revised Code and 1997
the alleged offender is a person described in division (C)(7) of 1998
section 2152.02 of the Revised Code, the person may not be 1999
transferred for detention pending the criminal prosecution in a 2000
jail or other facility except under the circumstances described in 2001
division (F)(4) of this section. Any child held in accordance with 2002
division (F)(3) of this section shall be confined in a manner that 2003
keeps the child beyond the sight and sound of all adult detainees. 2004
The child shall be supervised at all times during the detention.2005

       (2) If a person is adjudicated a delinquent child or juvenile 2006
traffic offender or is a person described in division (C)(7) of 2007
section 2152.02 of the Revised Code and the court makes a 2008
disposition of the person under this chapter, at any time after 2009
the person attains twenty-one years of age, the person may be held 2010
under that disposition or under the circumstances described in 2011
division (F)(4) of this section in places other than those 2012
specified in division (A) of this section, including, but not 2013
limited to, a county, multicounty, or municipal jail or workhouse, 2014
or other place where an adult convicted of crime, under arrest, or 2015
charged with crime is held.2016

       (3)(a) A person alleged to be a delinquent child may be held 2017
in places other than those specified in division (A) of this 2018
section, including, but not limited to, a county, multicounty, or 2019
municipal jail, if the delinquent act that the child allegedly 2020
committed would be a felony if committed by an adult, and if 2021
either of the following applies:2022

       (i) The person attains twenty-one years of age before the 2023
person is arrested or apprehended for that act.2024

       (ii) The person is arrested or apprehended for that act 2025
before the person attains twenty-one years of age, but the person 2026
attains twenty-one years of age before the court orders a 2027
disposition in the case.2028

       (b) If, pursuant to division (F)(3)(a) of this section, a 2029
person is held in a place other than a place specified in division 2030
(A) of this section, the person has the same rights to bail as an 2031
adult charged with the same offense who is confined in a jail 2032
pending trial.2033

       (4)(a) Any person whose case is transferred for criminal 2034
prosecution pursuant to section 2151.102152.10 or 2152.12 of the 2035
Revised Code or any person who has attained the age of eighteen 2036
years but has not attained the age of twenty-one years and who is 2037
being held in a place specified in division (B) of this section 2038
may be held under that disposition or charge in places other than 2039
those specified in division (B) of this section, including a 2040
county, multicounty, or municipal jail or workhouse, or other 2041
place where an adult under arrest or charged with crime is held if 2042
the juvenile court, upon its own motion or upon motion by the 2043
prosecutor and after notice and hearing, establishes by a 2044
preponderance of the evidence and makes written findings of either 2045
of the following:2046

        (i) With respect to a person whose case is transferred for 2047
criminal prosecution pursuant to either specified section or who 2048
has attained the age of eighteen years but who has not attained 2049
the age of twenty-one years and is being so held, that the youth 2050
is a threat to the safety and security of the facility. Evidence 2051
that the;2052

        (ii) With respect to a person who has attained the age of 2053
eighteen years but who has not attained the age of twenty-one 2054
years and is being so held, that the best interests of the youth 2055
require that the youth be held in a place other than a place 2056
specified in division (B) of this section, including a county, 2057
multicounty, or municipal jail or workhouse, or other place where 2058
an adult under arrest or charged with crime is held.2059

        (b) In determining for purposes of division (F)(4)(a)(i) of 2060
this section whether a youth is a threat to the safety and 2061
security of the facility, evidence that the youth is a threat to 2062
the safety and security of the facility may include, but is not 2063
limited to, whether the youth has done any of the following:2064

       (i) Injured or created an imminent danger to the life or 2065
health of another youth or staff member in the facility or program 2066
by violent behavior;2067

       (ii) Escaped from the facility or program in which the youth 2068
is being held on more than one occasion;2069

       (iii) Established a pattern of disruptive behavior as 2070
verified by a written record that the youth's behavior is not 2071
conducive to the established policies and procedures of the 2072
facility or program in which the youth is being held. 2073

       (b)(c) If thea prosecutor submits a motion requesting that 2074
thea person be held in a place other than those specified in 2075
division (B) of this section or if the court submits its own 2076
motion, the juvenile court shall hold a hearing within five days 2077
of the filing of the motion, and, in determining whether a place 2078
other than those specified in division (B) of this section is the 2079
appropriate place of confinement for the person, the court shall 2080
consider the following factors:2081

       (i) The age of the person;2082

       (ii) Whether the person would be deprived of contact with 2083
other people for a significant portion of the day or would not 2084
have access to recreational facilities or age-appropriate 2085
educational opportunities in order to provide physical separation 2086
from adults;2087

       (iii) The person's current emotional state, intelligence, and 2088
developmental maturity, including any emotional and psychological 2089
trauma, and the risk to the person in an adult facility, which may 2090
be evidenced by mental health or psychological assessments or 2091
screenings made available to the prosecuting attorney and the 2092
defense counsel;2093

       (iv) Whether detention in a juvenile facility would 2094
adequately serve the need for community protection pending the 2095
outcome of the criminal proceeding;2096

       (v) The relative ability of the available adult and juvenile 2097
detention facilities to meet the needs of the person, including 2098
the person's need for age-appropriate mental health and 2099
educational services delivered by individuals specifically trained 2100
to deal with youth;2101

       (vi) Whether the person presents an imminent risk of 2102
self-inflicted harm or an imminent risk of harm to others within a 2103
juvenile facility;2104

       (vii) Any other factors the juvenile court considers to be 2105
relevant.2106

       (c)(d) If the juvenile court determines that a place other 2107
than those specified in division (B) of this section is the 2108
appropriate place for confinement of a person pursuant to division 2109
(F)(4)(a) of this section, the person may petition the juvenile 2110
court for a review hearing thirty days after the initial 2111
confinement decision, thirty days after any subsequent review 2112
hearing, or at any time after the initial confinement decision 2113
upon an emergency petition by the youth due to the youth facing an 2114
imminent danger from others or the youth's self. Upon receipt of 2115
the petition, the juvenile court has discretion over whether to 2116
conduct the review hearing and may set the matter for a review 2117
hearing if the youth has alleged facts or circumstances that, if 2118
true, would warrant reconsideration of the youth's placement in a 2119
place other than those specified in division (B) of this section 2120
based on the factors listed in division (F)(4)(b)(c) of this 2121
section.2122

       (d)(e) Upon the admission of a person described in division 2123
(F)(4)(a) of this section to a place other than those specified in 2124
division (B) of this section, the facility shall advise the person 2125
of the person's right to request a review hearing as described in 2126
division (F)(4)(d) of this section.2127

       (e)(f) Any person transferred under division (F)(4)(a) of 2128
this section to a place other than those specified in division (B) 2129
of this section shall be confined in a manner that keeps the 2130
person beyond sight and sound of all adult detainees. The person 2131
shall be supervised at all times during the detention.2132

       (G)(1) If a person who is alleged to be or has been 2133
adjudicated a delinquent child or who is in any other category of 2134
persons identified in this section or section 2151.311 of the 2135
Revised Code is confined under authority of any Revised Code 2136
section in a place other than a place specified in division (B) of 2137
this section, including a county, multicounty, or municipal jail 2138
or workhouse, or other place where an adult under arrest or 2139
charged with crime is held, subject to division (G)(2) of this 2140
section, all identifying information, other than the person's 2141
county of residence, age, gender, and race and the charges against 2142
the person, that relates to the person's admission to and 2143
confinement in that place is not a public record open for 2144
inspection or copying under section 149.43 of the Revised Code and 2145
is confidential and shall not be released to any person other than 2146
to a court, to a law enforcement agency for law enforcement 2147
purposes, or to a person specified by court order.2148

       (2) Division (G)(1) of this section does not apply with 2149
respect to a person whose case is transferred for criminal 2150
prosecution pursuant to section 2152.10 or 2152.12 of the Revised 2151
Code, who is convicted of or pleads guilty to an offense in that 2152
case, who is confined after that conviction or guilty plea in a 2153
place other than a place specified in division (B) of this 2154
section, and to whom one of the following applies:2155

        (a) The case was transferred other than pursuant to division 2156
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2157
Code.2158

        (b) The case was transferred pursuant to division 2159
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2160
Code, and the person is sentenced for the offense pursuant to 2161
division (B)(4) of section 2152.121 of the Revised Code.2162

        (c) The case was transferred pursuant to division 2163
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised 2164
Code, the person is sentenced for the offense pursuant to division 2165
(B)(3) of section 2152.121 of the Revised Code by the court in 2166
which the person was convicted of or pleaded guilty to the 2167
offense, and the sentence imposed by that court is invoked 2168
pursuant to division (B)(3)(b) of section 2152.121 of the Revised 2169
Code.2170

       Sec. 2907.27.  (A)(1) If a person is charged with a violation 2171
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or 2172
2907.25 of the Revised Code or with a violation of a municipal 2173
ordinance that is substantially equivalent to any of those 2174
sections, the arresting authorities or a court, upon the request 2175
of the prosecutor in the case or upon the request of the victim, 2176
shall cause the accused to submit to one or more appropriate tests 2177
to determine if the accused is suffering from a venereal disease. 2178
The court, upon the request of the prosecutor in the case or upon 2179
the request of the victim shall cause the accused to submit to one 2180
or more appropriate tests to determine if the accused is suffering 2181
from the human immunodeficiency virus (HIV) within forty-eight 2182
hours after the date on which the complaint, information, or 2183
indictment is filed or within forty-eight hours after the date on 2184
which the complaint, information, or indictment is served on the 2185
accused, whichever date is later. Nothing in this section shall be 2186
construed to prevent the court from ordering at any time during 2187
which the complaint, information, or indictment is pending, that 2188
the accused submit to one or more appropriate tests to determine 2189
if the accused is suffering from a venereal disease or from the 2190
human immunodeficiency virus (HIV).2191

       (2) If the accused is found to be suffering from a venereal 2192
disease in an infectious stage, the accused shall be required to 2193
submit to medical treatment for that disease. The cost of the 2194
medical treatment shall be charged to and paid by the accused who 2195
undergoes the treatment. If the accused is indigent, the court 2196
shall order the accused to report to a facility operated by a city 2197
health district or a general health district for treatment. If the 2198
accused is convicted of or pleads guilty to the offense with which 2199
the accused is charged and is placed under a community control 2200
sanction, a condition of community control shall be that the 2201
offender submit to and faithfully follow a course of medical 2202
treatment for the venereal disease. If the offender does not seek 2203
the required medical treatment, the court may revoke the 2204
offender's community control and order the offender to undergo 2205
medical treatment during the period of the offender's 2206
incarceration and to pay the cost of that treatment.2207

       (B)(1)(a) If a person is charged with a violation of division 2208
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2209
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised 2210
Code or, with a violation of a municipal ordinance that is 2211
substantially equivalent to that division or any of those 2212
sections, or with a violation of a statute or municipal ordinance 2213
in which by force or threat of force the accused compelled the 2214
victim to engage in sexual activity, the court, upon the request 2215
of the prosecutor in the case, upon the request of the victim, or 2216
upon the request of any other person whom the court reasonably 2217
believes had contact with the accused in circumstances related to 2218
the violation that could have resulted in the transmission to that 2219
person of the human immunodeficiency virus, shall cause the 2220
accused to submit to one or more tests designated by the director 2221
of health under section 3701.241 of the Revised Code to determine 2222
if the accused is infected with HIV. The court shall cause the 2223
accused to submit to the test or tests within forty-eight hours 2224
after the indictment, information, or complaint is presented. The 2225
court shall order follow-up tests for HIV as may be medically 2226
appropriate.2227

       (b) The court, upon the request of the prosecutor in the 2228
case, upon the request of the victim with the agreement of the 2229
prosecutor, or upon the request of any other person with the 2230
agreement of the prosecutor, may cause an accused who is charged 2231
with a violation of any otherdivision or section of the Revised 2232
Code or with a violation of any other municipal ordinance not 2233
described in division (B)(1)(a) of this section to submit to one 2234
or more tests so designated by the director of health if the 2235
circumstances of the violation indicate probable cause to believe 2236
that the accused, if the accused is infected with HIV, might have 2237
transmitted HIV to any of the following persons in committing the 2238
violation:2239

       (i) In relation to a request made by the prosecuting 2240
attorney, to the victim or to any other person;2241

       (ii) In relation to a request made by the victim, to the 2242
victim making the request;2243

       (iii) In relation to a request made by any other person, to 2244
the person making the request.2245

       (b)(c) The results of a test conducted under division 2246
(B)(1)(a) of this section shall be provided as soon as practicable 2247
to the victim, or the parent or guardian of the victim, and the 2248
accused. The results of any follow-up test conducted under that 2249
division also shall be provided as soon as practicable to the 2250
victim, or the parent or guardian of the victim, and the accused.2251
The results of a test performed under division (B)(1)(a)(b) of 2252
this section shall be communicated in confidence to the court, 2253
and the court shall inform the accused of the result. The, and the2254
court shall inform the victim that the test was performed and that 2255
the victim has a right to receive the results on request. If2256
Additionally, for a test under either division (B)(1)(a) or (b) of 2257
this section, all of the following apply:2258

       (i) If the test was performed upon the request of a person 2259
other than the prosecutor in the case and other than the victim, 2260
the court shall inform the person who made the request that the 2261
test was performed and that the person has a right to receive the 2262
results upon request. Additionally, regardless2263

       (ii) Regardless of who made the request that was the basis of 2264
the test being performed, if the court reasonably believes that, 2265
in circumstances related to the violation, a person other than the 2266
victim had contact with the accused that could have resulted in 2267
the transmission of HIV to that person, the court may inform that 2268
person that the test was performed and that the person has a right 2269
to receive the results of the test on request. If2270

       (iii) If the accused tests positive for HIV, the test results 2271
shall be reported to the department of health in accordance with 2272
section 3701.24 of the Revised Code and to the sheriff, head of 2273
the state correctional institution, or other person in charge of 2274
any jail or prison in which the accused is incarcerated. If2275

       (iv) If the accused tests positive for HIV and the accused 2276
was charged with, and was convicted of or pleaded guilty to, a 2277
violation of section 2907.24, 2907.241, or 2907.25 of the Revised 2278
Code or a violation of a municipal ordinance that is substantially 2279
equivalent to any of those sections, the test results also shall 2280
be reported to the law enforcement agency that arrested the 2281
accused, and the law enforcement agency may use the test results 2282
as the basis for any future charge of a violation of division (B) 2283
of any of those sections or a violation of a municipal ordinance 2284
that is substantially equivalent to division (B) of any of those 2285
sections. No other2286

       (v) Except as otherwise provided in the first paragraph in 2287
division (B)(1)(c) of this section or in division (B)(1)(c)(i), 2288
(ii), (iii), or (iv) of this section, no disclosure of the test 2289
results or the fact that a test was performed shall be made, other 2290
than as evidence in a grand jury proceeding or as evidence in a 2291
judicial proceeding in accordance with the Rules of Evidence. If2292

       (vi) If the test result is negative, and the charge has not 2293
been dismissed or if the accused has been convicted of the charge 2294
or a different offense arising out of the same circumstances as 2295
the offense charged, the court shall order that the test be 2296
repeated not earlier than three months nor later than six months 2297
after the original test.2298

       (2) If an accused who is free on bond refuses to submit to a 2299
test ordered by the court pursuant to division (B)(1) of this 2300
section, the court may order that the accused's bond be revoked 2301
and that the accused be incarcerated until the test is performed. 2302
If an accused who is incarcerated refuses to submit to a test 2303
ordered by the court pursuant to division (B)(1) of this section, 2304
the court shall order the person in charge of the jail or prison 2305
in which the accused is incarcerated to take any action necessary 2306
to facilitate the performance of the test, including the forcible 2307
restraint of the accused for the purpose of drawing blood to be 2308
used in the test.2309

       (3) A state agency, a political subdivision of the state, or 2310
an employee of a state agency or of a political subdivision of the 2311
state is immune from liability in a civil action to recover 2312
damages for injury, death, or loss to person or property allegedly 2313
caused by any act or omission in connection with the performance 2314
of the duties required under division (B)(2) of this section 2315
unless the acts or omissions are with malicious purpose, in bad 2316
faith, or in a wanton or reckless manner.2317

       (C) Nothing in this section shall be construed to prevent a 2318
court in which a person is charged with any offense specified in 2319
division (A)(1) or (B)(1)(a) of this section from ordering at any 2320
time during which the complaint, information, or indictment is 2321
pending, that the accused submit to one or more appropriate tests 2322
to determine if the accused is suffering from a venereal disease 2323
or from HIV.2324

       (D) As used in this section:2325

       (1) "Community control sanction" has the same meaning as in 2326
section 2929.01 of the Revised Code.2327

       (2) "HIV" means the human immunodeficiency virus.2328

       Sec. 2907.28.  (A) Any cost incurred by a hospital or 2329
emergency medical facility in conducting a medical examination of 2330
a victim of an offense under any provision of sections 2907.02 to 2331
2907.06 of the Revised Code for the purpose of gathering physical 2332
evidence for a possible prosecution, including the cost of any 2333
antibiotics administered as part of the examination, shall be paid 2334
out of the reparations fund established pursuant to section 2335
2743.191 of the Revised Code, subject to the following conditions:2336

       (1) The hospital or emergency facility shall follow a 2337
protocol for conducting such medical examinations that is 2338
identified by the attorney general in rule adopted in accordance 2339
with Chapter 119. of the Revised Code.2340

       (2) The hospital or emergency facility shall submit requests 2341
for payment to the attorney general on a monthly basis, through a 2342
procedure determined by the attorney general and on forms approved 2343
by the attorney general. The requests shall identify the number of 2344
sexual assault examinations performed and shall verify that all 2345
required protocols were met for each examination form submitted 2346
for payment in the request.2347

       (3) The attorney general shall review all requests for 2348
payment that are submitted under division (A)(2) of this section 2349
and shall submit for payment as described in division (A)(5) of 2350
this section all requests that meet the requirements of this 2351
section. 2352

       (4) The hospital or emergency facility shall accept a flat 2353
fee payment for conducting each examination in the amount 2354
determined by the attorney general pursuant to Chapter 119. of the 2355
Revised Code as payment in full for any cost incurred in 2356
conducting a medical examination and test of a victim of an 2357
offense under any provision of sections 2907.02 to 2907.06 of the 2358
Revised Code for the purpose of gathering physical evidence for a 2359
possible prosecution of a person. The attorney general shall 2360
determine a flat fee payment amount to be paid under this division 2361
that is reasonable.2362

       (5) In approving a payment under this section, the attorney 2363
general shall order the payment against the state. The payment 2364
shall be accomplished only through the following procedure, and 2365
the procedure may be enforced through a mandamus action and a writ 2366
of mandamus directed to the appropriate official:2367

       (a) The attorney general shall provide for payment in the 2368
amount set forth in the order.2369

       (b) The expense of the payment of the amount described in 2370
this section shall be charged against all available unencumbered 2371
moneys in the reparations fund.2372

       (B) No costs incurred by a hospital or emergency facility in 2373
conducting a medical examination and test of any victim of an 2374
offense under any provision of sections 2907.02 to 2907.06 of the 2375
Revised Code for the purpose of gathering physical evidence for a 2376
possible prosecution of a person shall be billed or charged 2377
directly or indirectly to the victim or the victim's insurer.2378

       (C) Any cost incurred by a hospital or emergency medical 2379
facility in conducting a medical examination and test of any 2380
person who is charged with a violation of division (B) of section 2381
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12,2382
2907.24, 2907.241, or 2907.25 of the Revised Code or, with a 2383
violation of a municipal ordinance that is substantially 2384
equivalent to that division or any of those sections, or with a 2385
violation of a statute or municipal ordinance under which by force 2386
or threat of force the accused compelled the victim to engage in 2387
sexual activity, pursuant to division (B) of section 2907.27 of 2388
the Revised Code, shall be charged to and paid by the accused who 2389
undergoes the examination and test, unless the court determines 2390
that the accused is unable to pay, in which case the cost shall be 2391
charged to and paid by the municipal corporation in which the 2392
offense allegedly was committed, or charged to and paid by the 2393
county if the offense allegedly was committed within an 2394
unincorporated area. If separate counts of an alleged offense or 2395
alleged separate offenses under division (B) of section 2903.11 or2396
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2397
2907.241, or 2907.25 of the Revised Code or, under a municipal 2398
ordinance that is substantially equivalent to that division or any 2399
of those sections, or under a statute or municipal ordinance in 2400
violation of which by force or threat of force the accused 2401
compelled the victim to engage in sexual activity took place in 2402
more than one municipal corporation or more than one 2403
unincorporated area, or both, the local governments shall share 2404
the cost of the examination and test. If a hospital or other 2405
emergency medical facility has submitted charges for the cost of a 2406
medical examination and test to an accused and has been unable to 2407
collect payment for the charges after making good faith attempts 2408
to collect for a period of six months or more, the cost shall be 2409
charged to and paid by the appropriate municipal corporation or 2410
county as specified in division (C) of this section.2411

       Sec. 2929.26.  (A) Except when a mandatory jail term is 2412
required by law, the court imposing a sentence for a misdemeanor, 2413
other than a minor misdemeanor, may impose upon the offender any 2414
community residential sanction or combination of community 2415
residential sanctions under this section. Community residential 2416
sanctions include, but are not limited to, the following:2417

       (1) A term of up to one hundred eighty days in a halfway 2418
house or community-based correctional facility or a term in a 2419
halfway house or community-based correctional facility not to 2420
exceed the longest jail term available for the offense, whichever 2421
is shorter, if the political subdivision that would have 2422
responsibility for paying the costs of confining the offender in a 2423
jail has entered into a contract with the halfway house or 2424
community-based correctional facility for use of the facility for 2425
misdemeanor offenders;2426

        (2) If the offender is an eligible offender, as defined in 2427
section 307.932 of the Revised Code, a term of up to sixty days in 2428
a community alternative sentencing center or district community 2429
alternative sentencing center established and operated in 2430
accordance with that section, in the circumstances specified in 2431
that section, with one of the conditions of the sanction being 2432
that the offender successfully complete the portion of the 2433
sentence to be served in the center the entire term imposed.2434

       (B) A sentence to a community residential sanction under 2435
division (A)(3)(2) of this section shall be in accordance with 2436
section 307.932 of the Revised Code. In all other cases, the court 2437
that sentences an offender to a community residential sanction 2438
under this section may do either or both of the following:2439

       (1) Permit the offender to serve the offender's sentence in 2440
intermittent confinement, overnight, on weekends or at any other 2441
time or times that will allow the offender to continue at the 2442
offender's occupation or care for the offender's family;2443

       (2) Authorize the offender to be released so that the 2444
offender may seek or maintain employment, receive education or 2445
training, receive treatment, perform community service, or 2446
otherwise fulfill an obligation imposed by law or by the court. A 2447
release pursuant to this division shall be only for the duration 2448
of time that is needed to fulfill the purpose of the release and 2449
for travel that reasonably is necessary to fulfill the purposes of 2450
the release.2451

       (C) The court may order that a reasonable portion of the 2452
income earned by the offender upon a release pursuant to division 2453
(B) of this section be applied to any financial sanction imposed 2454
under section 2929.28 of the Revised Code.2455

       (D) No court shall sentence any person to a prison term for a 2456
misdemeanor or minor misdemeanor or to a jail term for a minor 2457
misdemeanor.2458

       (E) If a court sentences a person who has been convicted of 2459
or pleaded guilty to a misdemeanor to a community residential 2460
sanction as described in division (A) of this section, at the time 2461
of reception and at other times the person in charge of the 2462
operation of the halfway house, community alternative sentencing 2463
center, district community alternative sentencing center, or other 2464
place at which the offender will serve the residential sanction 2465
determines to be appropriate, the person in charge of the 2466
operation of the halfway house, community alternative sentencing 2467
center, district community alternative sentencing center, or other 2468
place may cause the convicted offender to be examined and tested 2469
for tuberculosis, HIV infection, hepatitis, including, but not 2470
limited to, hepatitis A, B, and C, and other contagious diseases. 2471
The person in charge of the operation of the halfway house, 2472
community alternative sentencing center, district community 2473
alternative sentencing center, or other place at which the 2474
offender will serve the residential sanction may cause a convicted 2475
offender in the halfway house, community alternative sentencing 2476
center, district community alternative sentencing center, or other 2477
place who refuses to be tested or treated for tuberculosis, HIV 2478
infection, hepatitis, including, but not limited to, hepatitis A, 2479
B, and C, or another contagious disease to be tested and treated 2480
involuntarily.2481

       (F) A political subdivision may enter into a contract with a 2482
halfway house for use of the halfway house to house misdemeanor 2483
offenders under a sanction imposed under division (A)(1) of this 2484
section.2485

       Sec. 2947.23.  (A)(1)(a) In all criminal cases, including 2486
violations of ordinances, the judge or magistrate shall include in 2487
the sentence the costs of prosecution, including any costs under 2488
section 2947.231 of the Revised Code, and render a judgment 2489
against the defendant for such costs. If the judge or magistrate 2490
imposes a community control sanction or other nonresidential 2491
sanction, the judge or magistrate, when imposing the sanction, 2492
shall notify the defendant of both of the following:2493

       (i) If the defendant fails to pay that judgment or fails to 2494
timely make payments towards that judgment under a payment 2495
schedule approved by the court, the court may order the defendant 2496
to perform community service in an amount of not more than forty 2497
hours per month until the judgment is paid or until the court is 2498
satisfied that the defendant is in compliance with the approved 2499
payment schedule.2500

       (ii) If the court orders the defendant to perform the 2501
community service, the defendant will receive credit upon the 2502
judgment at the specified hourly credit rate per hour of community 2503
service performed, and each hour of community service performed 2504
will reduce the judgment by that amount.2505

       (b) The failure of a judge or magistrate to notify the 2506
defendant pursuant to division (A)(1)(a) of this section does not 2507
negate or limit the authority of the court to order the defendant 2508
to perform community service if the defendant fails to pay the 2509
judgment described in that division or to timely make payments 2510
toward that judgment under an approved payment plan.2511

       (2) The following shall apply in all criminal cases:2512

       (a) If a jury has been sworn at the trial of a case, the fees 2513
of the jurors shall be included in the costs, which shall be paid 2514
to the public treasury from which the jurors were paid.2515

       (b) If a jury has not been sworn at the trial of a case 2516
because of a defendant's failure to appear without good cause or 2517
because the defendant entered a plea of guilty or no contest less 2518
than twenty-four hours before the scheduled commencement of the 2519
trial, the costs incurred in summoning jurors for that particular 2520
trial may be included in the costs of prosecution. If the costs 2521
incurred in summoning jurors are assessed against the defendant, 2522
those costs shall be paid to the public treasury from which the 2523
jurors were paid.2524

       (B) If a judge or magistrate has reason to believe that a 2525
defendant has failed to pay the judgment described in division (A) 2526
of this section or has failed to timely make payments towards that 2527
judgment under a payment schedule approved by the judge or 2528
magistrate, the judge or magistrate shall hold a hearing to 2529
determine whether to order the offender to perform community 2530
service for that failure. The judge or magistrate shall notify 2531
both the defendant and the prosecuting attorney of the place, 2532
time, and date of the hearing and shall give each an opportunity 2533
to present evidence. If, after the hearing, the judge or 2534
magistrate determines that the defendant has failed to pay the 2535
judgment or to timely make payments under the payment schedule and 2536
that imposition of community service for the failure is 2537
appropriate, the judge or magistrate may order the offender to 2538
perform community service in an amount of not more than forty 2539
hours per month until the judgment is paid or until the judge or 2540
magistrate is satisfied that the offender is in compliance with 2541
the approved payment schedule. If the judge or magistrate orders 2542
the defendant to perform community service under this division, 2543
the defendant shall receive credit upon the judgment at the 2544
specified hourly credit rate per hour of community service 2545
performed, and each hour of community service performed shall 2546
reduce the judgment by that amount. Except for the credit and 2547
reduction provided in this division, ordering an offender to 2548
perform community service under this division does not lessen the 2549
amount of the judgment and does not preclude the state from taking 2550
any other action to execute the judgment.2551

       (C) The court retains jurisdiction to waive, suspend, or 2552
modify the payment of the costs of prosecution, including any 2553
costs under section 2947.231 of the Revised Code, at the time of 2554
sentencing or at any time thereafter.2555

       (D) As used in this section:2556

       (1) "Case" means a prosecution of all of the charges that 2557
result from the same act, transaction, or series of acts or 2558
transactions and that are given the same case type designator and 2559
case number under Rule 43 of the Rules of Superintendence for the 2560
Courts of Ohio or any successor to that rule.2561

       (2) "Specified hourly credit rate" means an hourly credit 2562
rate set by the judge or magistrate, which shall not be less than2563
the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the 2564
federal Fair Labor Standards Act of 1938, that then is in effect, 2565
and that an employer subject to that provision must pay per hour 2566
to each of the employer's employees who is subject to that 2567
provision.2568

       Sec. 2953.25.  (A) As used in this section:2569

       (1) "Collateral sanction" means a penalty, disability, or 2570
disadvantage that is related to employment or occupational 2571
licensing, however denominated, as a result of the individual's 2572
conviction of or plea of guilty to an offense and that applies by 2573
operation of law in this state whether or not the penalty, 2574
disability, or disadvantage is included in the sentence or 2575
judgment imposed.2576

       "Collateral sanction" does not include imprisonment, 2577
probation, parole, supervised release, forfeiture, restitution, 2578
fine, assessment, or costs of prosecution.2579

       (2) "Decision-maker" includes, but is not limited to, the 2580
state acting through a department, agency, board, commission, or 2581
instrumentality established by the law of this state for the 2582
exercise of any function of government, a political subdivision, 2583
an educational institution, or a government contractor or 2584
subcontractor made subject to this section by contract, law, or 2585
ordinance.2586

       (3) "Department-funded program" means a residential or 2587
nonresidential program that is not a term in a state correctional 2588
institution, that is funded in whole or part by the department of 2589
rehabilitation and correction, and that is imposed as a sanction 2590
for an offense, as part of a sanction that is imposed for an 2591
offense, or as a term or condition of any sanction that is imposed 2592
for an offense.2593

       (4) "Designee" means the person designated by the deputy 2594
director of the division of parole and community services to 2595
perform the duties designated in division (B) of this section.2596

       (5) "Division of parole and community services" means the 2597
division of parole and community services of the department of 2598
rehabilitation and correction.2599

       (6) "Offense" means any felony or misdemeanor under the laws 2600
of this state. 2601

       (7) "Political subdivision" has the same meaning as in 2602
section 2969.21 of the Revised Code. 2603

       (B)(1) After the provisions of this division become operative 2604
as described in division (J) of this section, an individual who is 2605
subject to one or more collateral sanctions as a result of being 2606
convicted of or pleading guilty to an offense and who either has 2607
served a term in a state correctional institution for any offense 2608
or has spent time in a department-funded program for any offense 2609
may file a petition with the designee of the deputy director of 2610
the division of parole and community services for a certificate of 2611
qualification for employment.2612

       (2) After the provisions of this division become operative as 2613
described in division (J) of this section, an individual who is 2614
subject to one or more collateral sanctions as a result of being 2615
convicted of or pleading guilty to an offense and who is not in a 2616
category described in division (B)(1) of this section may file a 2617
petition with the court of common pleas of the county in which the 2618
person resides or with the designee of the deputy director of the 2619
division of parole and community services for a certificate of 2620
qualification for employment. 2621

       (3) A petition under division (B)(1) or (2) of this section 2622
shall be made on a copy of the form prescribed by the division of 2623
parole and community services under division (J) of this section 2624
and shall contain all of the information described in division (F) 2625
of this section.2626

       (4) An individual may file a petition under division (B)(1) 2627
or (2) of this section at any time after the expiration of 2628
whichever of the following is applicable: 2629

       (a) If the offense that resulted in the collateral sanction 2630
from which the individual seeks relief is a felony, at any time 2631
after the expiration of one year from the date of release of the 2632
individual from any period of incarceration in a state or local 2633
correctional facility that was imposed for that offense and all 2634
periods of supervision imposed after release from the period of 2635
incarceration or, if the individual was not incarcerated for that 2636
offense, at any time after the expiration of one year from the 2637
date of the individual's final release from all other sanctions 2638
imposed for that offense.2639

       (b) If the offense that resulted in the collateral sanction 2640
from which the individual seeks relief is a misdemeanor, at any 2641
time after the expiration of six months from the date of release 2642
of the individual from any period of incarceration in a local 2643
correctional facility that was imposed for that offense and all 2644
periods of supervision imposed after release from the period of 2645
incarceration or, if the individual was not incarcerated for that 2646
offense, at any time after the expiration of six months from the 2647
date of the final release of the individual from all sanctions 2648
imposed for that offense including any period of supervision.2649

       (5)(a) A designee that receives a petition for a 2650
certification of qualification for employment from an individual 2651
under division (B)(1) or (2) of this section shall review the 2652
petition to determine whether it is complete. If the petition is 2653
complete, the designee shall forward the petition, and any other 2654
information the designee possesses that relates to the petition, 2655
to the court of common pleas of the county in which the individual 2656
resides.2657

       (b) A court of common pleas that receives a petition for a 2658
certificate of qualification for employment from an individual 2659
under division (B)(2) of this section, or that is forwarded a 2660
petition for such a certificate under division (B)(5)(a) of this 2661
section, shall attempt to determine all other courts in this state 2662
in which the individual was convicted of or pleaded guilty to an 2663
offense other than the offense from which the individual is 2664
seeking relief. The court that receives or is forwarded the 2665
petition shall notify all other courts in this state that it 2666
determines under this division were courts in which the individual 2667
was convicted of or pleaded guilty to an offense other than the 2668
offense from which the individual is seeking relief that the 2669
individual has filed the petition and that the court may send 2670
comments regarding the possible issuance of the certificate.2671

       A court of common pleas that receives a petition for a 2672
certificate of qualification for employment under division (B)(2) 2673
of this section shall notify the prosecuting attorney of the 2674
county in which the individual resides that the individual has 2675
filed the petition.2676

       A court of common pleas that receives a petition for a 2677
certificate of qualification for employment under division (B)(2) 2678
of this section, or that is forwarded a petition for qualification 2679
under division (B)(5)(a) of this section may direct the clerk of 2680
court to process and record all notices required in or under this 2681
section.2682

       (C)(1) Upon receiving a petition for a certificate of 2683
qualification for employment filed by an individual under division 2684
(B)(2) of this section or being forwarded a petition for such a 2685
certificate under division (B)(5)(a) of this section, the court 2686
shall review the individual's petition, the individual's criminal 2687
history, all filings submitted by the prosecutor or by the victim 2688
in accordance with rules adopted by the division of parole and 2689
community services, and all other relevant evidence. The court may 2690
order any report, investigation, or disclosure by the individual 2691
that the court believes is necessary for the court to reach a 2692
decision on whether to approve the individual's petition for a 2693
certificate of qualification for employment. 2694

       (2) Upon receiving a petition for a certificate of 2695
qualification for employment filed by an individual under division 2696
(B)(2) of this section or being forwarded a petition for such a 2697
certificate under division (B)(5)(a) of this section, except as 2698
otherwise provided in this division, the court shall decide 2699
whether to issue the certificate within sixty days after the court 2700
receives or is forwarded the completed petition and all 2701
information requested for the court to make that decision. Upon 2702
request of the individual who filed the petition, the court may 2703
extend the sixty-day period specified in this division.2704

       (3) Subject to division (C)(5) of this section, a court that 2705
receives an individual's petition for a certificate of 2706
qualification for employment under division (B)(2) of this section 2707
or that is forwarded a petition for such a certificate under 2708
division (B)(5)(a) of this section may issue a certificate of 2709
qualification for employment, at the court's discretion, if the 2710
court finds that the individual has established all of the 2711
following by a preponderance of the evidence: 2712

       (a) Granting the petition will materially assist the 2713
individual in obtaining employment or occupational licensing. 2714

       (b) The individual has a substantial need for the relief 2715
requested in order to live a law-abiding life. 2716

       (c) Granting the petition would not pose an unreasonable risk 2717
to the safety of the public or any individual. 2718

       (4) The submission of an incomplete petition by an individual 2719
shall not be grounds for the designee or court to deny the 2720
petition.2721

       (5) A court that receives an individual's petition for a 2722
certificate of qualification for employment under division (B)(2) 2723
of this section or that is forwarded a petition for such a 2724
certificate under division (B)(5)(a) of this section shall not 2725
issue a certificate of qualification for employment that grants 2726
the individual relief from any of the following collateral 2727
sanctions: 2728

       (a) Requirements imposed by Chapter 2950. of the Revised Code 2729
and rules adopted under sections 2950.13 and 2950.132 of the 2730
Revised Code; 2731

       (b) A driver's license, commercial driver's license, or 2732
probationary license suspension, cancellation, or revocation 2733
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the 2734
Revised Code if the relief sought is available pursuant to section 2735
4510.021 or division (B) of section 4510.13 of the Revised Code; 2736

       (c) Restrictions on employment as a prosecutor or law 2737
enforcement officer; 2738

       (d) The denial, ineligibility, or automatic suspension of a 2739
license that is imposed upon an individual applying for or holding 2740
a license as a health care professional under Title XLVII of the 2741
Revised Code if the individual is convicted of, pleads guilty to, 2742
is subject to a judicial finding of eligibility for intervention 2743
in lieu of conviction in this state under section 2951.041 of the 2744
Revised Code, or is subject to treatment or intervention in lieu 2745
of conviction for a violation of section 2903.01, 2903.02, 2746
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2747
2911.01, 2911.11, or 2919.123 of the Revised Code; 2748

       (e) The immediate suspension of a license, certificate, or 2749
evidence of registration that is imposed upon an individual 2750
holding a license as a health care professional under Title XLVII 2751
of the Revised Code pursuant to division (C) of section 3719.121 2752
of the Revised Code; 2753

       (f) The denial or ineligibility for employment in a pain 2754
clinic under division (B)(4) of section 4729.552 of the Revised 2755
Code; 2756

       (g) The mandatory suspension of a license that is imposed on 2757
an individual applying for or holding a license as a health care 2758
professional under Title XLVII of the Revised Code pursuant to 2759
section 3123.43 of the Revised Code. 2760

       (6) If a court that receives an individual's petition for a 2761
certificate of qualification for employment under division (B)(2) 2762
of this section or that is forwarded a petition for such a 2763
certificate under division (B)(5)(a) of this section denies the 2764
petition, the court shall provide written notice to the individual 2765
of the court's denial. The court may place conditions on the 2766
individual regarding the individual's filing of any subsequent 2767
petition for a certificate of qualification for employment. The 2768
written notice must notify the individual of any conditions placed 2769
on the individual's filing of a subsequent petition for a 2770
certificate of qualification for employment.2771

       If a court of common pleas that receives an individual's 2772
petition for a certificate of qualification for employment under 2773
division (B)(2) of this section or that is forwarded a petition 2774
for such a certificate under division (B)(5)(a) of this section 2775
denies the petition, the individual may appeal the decision to the 2776
court of appeals only if the individual alleges that the denial 2777
was an abuse of discretion on the part of the court of common 2778
pleas.2779

       (D) A certificate of qualification for employment issued to 2780
an individual lifts the automatic bar of a collateral sanction, 2781
and a decision-maker shall consider on a case-by-case basis 2782
whether to grant or deny the issuance or restoration of an 2783
occupational license or an employment opportunity, notwithstanding 2784
the individual's possession of the certificate, without, however, 2785
reconsidering or rejecting any finding made by a designee or court 2786
under division (C)(3) of this section. 2787

       (E) A certificate of qualification for employment does not 2788
grant the individual to whom the certificate was issued relief 2789
from the mandatory civil impacts identified in division (A)(1) of 2790
section 2961.01 or division (B) of section 2961.02 of the Revised 2791
Code. 2792

       (F) A petition for a certificate of qualification for 2793
employment filed by an individual under division (B)(1) or (2) of 2794
this section shall include all of the following:2795

       (1) The individual's name, date of birth, and social security 2796
number;2797

       (2) All aliases of the individual and all social security 2798
numbers associated with those aliases;2799

       (3) The individual's residence address, including the city, 2800
county, and state of residence and zip code;2801

       (4) The length of time that the individual has been a 2802
resident of this state, expressed in years and months of 2803
residence;2804

       (5) The name or type of each collateral sanction from which 2805
the individual is requesting a certificate of qualification for 2806
employment;2807

       (6) A summary of the individual's criminal history with 2808
respect to each offense that is a disqualification from employment 2809
or licensing in an occupation or profession, including the years 2810
of each conviction or plea of guilty for each of those offenses;2811

       (7) A summary of the individual's employment history, 2812
specifying the name of, and dates of employment with, each 2813
employer;2814

       (8) Verifiable references and endorsements;2815

       (9) The name of one or more immediate family members of the 2816
individual, or other persons with whom the individual has a close 2817
relationship, who support the individual's reentry plan;2818

       (10) A summary of the reason the individual believes the 2819
certificate of qualification for employment should be granted;2820

       (11) Any other information required by rule by the department 2821
of rehabilitation and correction.2822

       (G)(1) In a judicial or administrative proceeding alleging 2823
negligence or other fault, a certificate of qualification for 2824
employment issued to an individual under this section may be 2825
introduced as evidence of a person's due care in hiring, 2826
retaining, licensing, leasing to, admitting to a school or 2827
program, or otherwise transacting business or engaging in activity 2828
with the individual to whom the certificate of qualification for 2829
employment was issued if the person knew of the certificate at the 2830
time of the alleged negligence or other fault. 2831

       (2) In any proceeding on a claim against an employer for 2832
negligent hiring, a certificate of qualification for employment 2833
issued to an individual under this section shall provide immunity 2834
for the employer as to the claim if the employer knew of the 2835
certificate at the time of the alleged negligence. 2836

       (3) If an employer hires an individual who has been issued a 2837
certificate of qualification for employment under this section, if 2838
the individual, after being hired, subsequently demonstrates 2839
dangerousness or is convicted of or pleads guilty to a felony, and 2840
if the employer retains the individual as an employee after the 2841
demonstration of dangerousness or the conviction or guilty plea, 2842
the employer may be held liable in a civil action that is based on 2843
or relates to the retention of the individual as an employee only 2844
if it is proved by a preponderance of the evidence that the person 2845
having hiring and firing responsibility for the employer had 2846
actual knowledge that the employee was dangerous or had been 2847
convicted of or pleaded guilty to the felony and was willful in 2848
retaining the individual as an employee after the demonstration of 2849
dangerousness or the conviction or guilty plea of which the person 2850
has actual knowledge.2851

       (H) A certificate of qualification for employment issued 2852
under this section shall be presumptively revoked if the 2853
individual to whom the certificate of qualification for employment 2854
was issued is convicted of or pleads guilty to a felony offense 2855
committed subsequent to the issuance of the certificate of 2856
qualification for employment. 2857

       (I) A designee's forwarding, or failure to forward, a 2858
petition for a certificate of qualification for employment to a 2859
court or a court's issuance, or failure to issue, a petition for a 2860
certificate of qualification for employment to an individual under 2861
division (B) of this section does not give rise to a claim for 2862
damages against the department of rehabilitation and correction or 2863
court. 2864

       (J) Not later than ninety days after the effective date of 2865
this sectionSeptember 28, 2012, the division of parole and 2866
community services shall adopt rules in accordance with Chapter 2867
119. of the Revised Code for the implementation and administration 2868
of this section and shall prescribe the form for the petition to 2869
be used under division (B)(1) or (2) of this section. The form for 2870
the petition shall include places for all of the information 2871
specified in division (F) of this section. Upon the adoption of 2872
the rules, the provisions of divisions (A) to (I) of this section 2873
become operative.2874

       (K) The department of rehabilitation and correction shall 2875
conduct a study to determine the manner for transferring the 2876
mechanism for the issuance of a certificate of qualification for 2877
employment created by this section to an electronic database 2878
established and maintained by the department. The database to 2879
which the mechanism is to be transferred shall include granted 2880
certificates and revoked certificates and shall be designed to 2881
track the number of certificates granted and revoked, the 2882
industries, occupations, and professions with respect to which the 2883
certificates have been most applicable, the types of employers 2884
that have accepted the certificates, and the recidivism rates of 2885
individuals who have been issued the certificates. Not later than 2886
the date that is one year after the effective date of this section2887
September 28, 2012, the department of rehabilitation and 2888
correction shall submit to the general assembly and the governor a 2889
report that contains the results of the study and recommendations 2890
for transferring the mechanism for the issuance of certificate of 2891
qualification for employment created by this section to an 2892
electronic database established and maintained by the department.2893

       (L) The department of rehabilitation and correction, in 2894
conjunction with the Ohio judicial conference, shall conduct a 2895
study to determine whether the application process for 2896
certificates of qualification for employment created by this 2897
section is feasible based upon the caseload capacity of the 2898
department and the courts of common pleas. Not later than the date 2899
that is one year after the effective date of this section2900
September 28, 2012, the department shall submit to the general 2901
assembly a report that contains the results of the study and any 2902
recommendations for improvement of the application process.2903

       Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the 2904
Revised Code:2905

       (A) "Eligible offender" means anyone who has been convicted 2906
of an offense in this state or any other jurisdiction and who has 2907
not more than one felony conviction, not more than two misdemeanor 2908
convictions if the convictions are not of the same offense, or not 2909
more than one felony conviction and one misdemeanor conviction in 2910
this state or any other jurisdiction. When two or more convictions 2911
result from or are connected with the same act or result from 2912
offenses committed at the same time, they shall be counted as one 2913
conviction. When two or three convictions result from the same 2914
indictment, information, or complaint, from the same plea of 2915
guilty, or from the same official proceeding, and result from 2916
related criminal acts that were committed within a three-month 2917
period but do not result from the same act or from offenses 2918
committed at the same time, they shall be counted as one 2919
conviction, provided that a court may decide as provided in 2920
division (C)(1)(a) of section 2953.32 of the Revised Code that it 2921
is not in the public interest for the two or three convictions to 2922
be counted as one conviction.2923

       For purposes of, and except as otherwise provided in, this 2924
division, a conviction for a minor misdemeanor, for a violation of 2925
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the 2926
Revised Code, or for a violation of a municipal ordinance that is 2927
substantially similar to any section in those chapters is not a 2928
conviction. However, a conviction for a violation of section 2929
4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 2930
4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a 2931
violation of section 4510.11 or 4510.14 of the Revised Code that 2932
is based upon the offender's operation of a vehicle during a 2933
suspension imposed under section 4511.191 or 4511.196 of the 2934
Revised Code, for a violation of a substantially equivalent 2935
municipal ordinance, for a felony violation of Title XLV of the 2936
Revised Code, or for a violation of a substantially equivalent 2937
former law of this state or former municipal ordinance shall be 2938
considered a conviction.2939

       (B) "Prosecutor" means the county prosecuting attorney, city 2940
director of law, village solicitor, or similar chief legal 2941
officer, who has the authority to prosecute a criminal case in the 2942
court in which the case is filed.2943

       (C) "Bail forfeiture" means the forfeiture of bail by a 2944
defendant who is arrested for the commission of a misdemeanor, 2945
other than a defendant in a traffic case as defined in Traffic 2946
Rule 2, if the forfeiture is pursuant to an agreement with the 2947
court and prosecutor in the case.2948

       (D) "Official records" has the same meaning as in division 2949
(D) of section 2953.51 of the Revised Code.2950

       (E) "Official proceeding" has the same meaning as in section 2951
2921.01 of the Revised Code.2952

       (F) "Community control sanction" has the same meaning as in 2953
section 2929.01 of the Revised Code.2954

       (G) "Post-release control" and "post-release control 2955
sanction" have the same meanings as in section 2967.01 of the 2956
Revised Code.2957

       (H) "DNA database," "DNA record," and "law enforcement 2958
agency" have the same meanings as in section 109.573 of the 2959
Revised Code.2960

       (I) "Fingerprints filed for record" means any fingerprints 2961
obtained by the superintendent of the bureau of criminal 2962
identification and investigation pursuant to sections 109.57 and 2963
109.571 of the Revised Code.2964

       Sec. 2953.32.  (A)(1) Except as provided in section 2953.61 2965
of the Revised Code, an eligible offender may apply to the 2966
sentencing court if convicted in this state, or to a court of 2967
common pleas if convicted in another state or in a federal court, 2968
for the sealing of the conviction record of the case that pertains 2969
to the conviction. Application may be made at the expiration of 2970
three years after the offender's final discharge if convicted of a 2971
felony, or at the expiration of one year after the offender's 2972
final discharge if convicted of a misdemeanor.2973

       (2) Any person who has been arrested for any misdemeanor 2974
offense and who has effected a bail forfeiture for the offense 2975
charged may apply to the court in which the misdemeanor criminal 2976
case was pending when bail was forfeited for the sealing of the 2977
record of the case that pertains to the charge. Except as provided 2978
in section 2953.61 of the Revised Code, the application may be 2979
filed at any time after the expiration of one year from the date 2980
on which the bail forfeiture was entered upon the minutes of the 2981
court or the journal, whichever entry occurs first.2982

       (B) Upon the filing of an application under this section, the 2983
court shall set a date for a hearing and shall notify the 2984
prosecutor for the case of the hearing on the application. The 2985
prosecutor may object to the granting of the application by filing 2986
an objection with the court prior to the date set for the hearing. 2987
The prosecutor shall specify in the objection the reasons for 2988
believing a denial of the application is justified. The court 2989
shall direct its regular probation officer, a state probation 2990
officer, or the department of probation of the county in which the 2991
applicant resides to make inquiries and written reports as the 2992
court requires concerning the applicant. If the applicant was 2993
convicted of or pleaded guilty to a violation of division (A)(2) 2994
or (B) of section 2919.21 of the Revised Code, the probation 2995
officer or county department of probation that the court directed 2996
to make inquiries concerning the applicant shall contact the child 2997
support enforcement agency enforcing the applicant's obligations 2998
under the child support order to inquire about the offender's 2999
compliance with the child support order.3000

       (C)(1) The court shall do each of the following:3001

       (a) Determine whether the applicant is an eligible offender 3002
or whether the forfeiture of bail was agreed to by the applicant 3003
and the prosecutor in the case. If the applicant applies as an 3004
eligible offender pursuant to division (A)(1) of this section and 3005
has two or three convictions that result from the same indictment, 3006
information, or complaint, from the same plea of guilty, or from 3007
the same official proceeding, and result from related criminal 3008
acts that were committed within a three-month period but do not 3009
result from the same act or from offenses committed at the same 3010
time, in making its determination under this division, the court 3011
initially shall determine whether it is not in the public interest 3012
for the two or three convictions to be counted as one conviction. 3013
If the court determines that it is not in the public interest for 3014
the two or three convictions to be counted as one conviction, the 3015
court shall determine that the applicant is not an eligible 3016
offender; if the court does not make that determination, the court 3017
shall determine that the offender is an eligible offender.3018

       (b) Determine whether criminal proceedings are pending 3019
against the applicant;3020

       (c) If the applicant is an eligible offender who applies 3021
pursuant to division (A)(1) of this section, determine whether the 3022
applicant has been rehabilitated to the satisfaction of the court;3023

       (d) If the prosecutor has filed an objection in accordance 3024
with division (B) of this section, consider the reasons against 3025
granting the application specified by the prosecutor in the 3026
objection;3027

       (e) Weigh the interests of the applicant in having the 3028
records pertaining to the applicant's conviction or bail 3029
forfeiture sealed against the legitimate needs, if any, of the 3030
government to maintain those records.3031

       (2) If the court determines, after complying with division 3032
(C)(1) of this section, that the applicant is an eligible offender 3033
or the subject of a bail forfeiture, that no criminal proceeding 3034
is pending against the applicant, and that the interests of the 3035
applicant in having the records pertaining to the applicant's 3036
conviction or bail forfeiture sealed are not outweighed by any 3037
legitimate governmental needs to maintain those records, and that 3038
the rehabilitation of an applicant who is an eligible offender 3039
applying pursuant to division (A)(1) of this section has been 3040
attained to the satisfaction of the court, the court, except as 3041
provided in divisions (G) and (H) of this section, shall order all 3042
official records pertainingof the case that pertain to the case3043
conviction or bail forfeiture sealed and, except as provided in 3044
division (F) of this section, all index references to the case 3045
that pertain to the conviction or bail forfeiture deleted and, in 3046
the case of bail forfeitures, shall dismiss the charges in the 3047
case. The proceedings in the case that pertain to the conviction 3048
or bail forfeiture shall be considered not to have occurred and 3049
the conviction or bail forfeiture of the person who is the subject 3050
of the proceedings shall be sealed, except that upon conviction of 3051
a subsequent offense, the sealed record of prior conviction or 3052
bail forfeiture may be considered by the court in determining the 3053
sentence or other appropriate disposition, including the relief 3054
provided for in sections 2953.31 to 2953.33 of the Revised Code.3055

       (3) Upon the filing of an application under this section, the 3056
applicant, unless indigent, shall pay a fee of fifty dollars. The 3057
court shall pay thirty dollars of the fee into the state treasury. 3058
It shall pay twenty dollars of the fee into the county general 3059
revenue fund if the sealed conviction or bail forfeiture was 3060
pursuant to a state statute, or into the general revenue fund of 3061
the municipal corporation involved if the sealed conviction or 3062
bail forfeiture was pursuant to a municipal ordinance.3063

       (D) Inspection of the sealed records included in the order 3064
may be made only by the following persons or for the following 3065
purposes:3066

       (1) By a law enforcement officer or prosecutor, or the 3067
assistants of either, to determine whether the nature and 3068
character of the offense with which a person is to be charged 3069
would be affected by virtue of the person's previously having been 3070
convicted of a crime;3071

       (2) By the parole or probation officer of the person who is 3072
the subject of the records, for the exclusive use of the officer 3073
in supervising the person while on parole or under a community 3074
control sanction or a post-release control sanction, and in making 3075
inquiries and written reports as requested by the court or adult 3076
parole authority;3077

       (3) Upon application by the person who is the subject of the 3078
records, by the persons named in the application;3079

       (4) By a law enforcement officer who was involved in the 3080
case, for use in the officer's defense of a civil action arising 3081
out of the officer's involvement in that case;3082

       (5) By a prosecuting attorney or the prosecuting attorney's 3083
assistants, to determine a defendant's eligibility to enter a 3084
pre-trial diversion program established pursuant to section 3085
2935.36 of the Revised Code;3086

       (6) By any law enforcement agency or any authorized employee 3087
of a law enforcement agency or by the department of rehabilitation 3088
and correction as part of a background investigation of a person 3089
who applies for employment with the agency as a law enforcement 3090
officer or with the department as a corrections officer;3091

       (7) By any law enforcement agency or any authorized employee 3092
of a law enforcement agency, for the purposes set forth in, and in 3093
the manner provided in, section 2953.321 of the Revised Code;3094

       (8) By the bureau of criminal identification and 3095
investigation or any authorized employee of the bureau for the 3096
purpose of providing information to a board or person pursuant to 3097
division (F) or (G) of section 109.57 of the Revised Code;3098

       (9) By the bureau of criminal identification and 3099
investigation or any authorized employee of the bureau for the 3100
purpose of performing a criminal history records check on a person 3101
to whom a certificate as prescribed in section 109.77 of the 3102
Revised Code is to be awarded;3103

       (10) By the bureau of criminal identification and 3104
investigation or any authorized employee of the bureau for the 3105
purpose of conducting a criminal records check of an individual 3106
pursuant to division (B) of section 109.572 of the Revised Code 3107
that was requested pursuant to any of the sections identified in 3108
division (B)(1) of that section;3109

       (11) By the bureau of criminal identification and 3110
investigation, an authorized employee of the bureau, a sheriff, or 3111
an authorized employee of a sheriff in connection with a criminal 3112
records check described in section 311.41 of the Revised Code;3113

       (12) By the attorney general or an authorized employee of the 3114
attorney general or a court for purposes of determining a person's 3115
classification pursuant to Chapter 2950. of the Revised Code.3116

       When the nature and character of the offense with which a 3117
person is to be charged would be affected by the information, it 3118
may be used for the purpose of charging the person with an 3119
offense.3120

       (E) In any criminal proceeding, proof of any otherwise 3121
admissible prior conviction may be introduced and proved, 3122
notwithstanding the fact that for any such prior conviction an 3123
order of sealing previously was issued pursuant to sections 3124
2953.31 to 2953.36 of the Revised Code.3125

       (F) The person or governmental agency, office, or department 3126
that maintains sealed records pertaining to convictions or bail 3127
forfeitures that have been sealed pursuant to this section may 3128
maintain a manual or computerized index to the sealed records. The 3129
index shall contain only the name of, and alphanumeric identifiers 3130
that relate to, the persons who are the subject of the sealed 3131
records, the word "sealed," and the name of the person, agency, 3132
office, or department that has custody of the sealed records, and 3133
shall not contain the name of the crime committed. The index shall 3134
be made available by the person who has custody of the sealed 3135
records only for the purposes set forth in divisions (C), (D), and 3136
(E) of this section.3137

       (G) Notwithstanding any provision of this section or section 3138
2953.33 of the Revised Code that requires otherwise, a board of 3139
education of a city, local, exempted village, or joint vocational 3140
school district that maintains records of an individual who has 3141
been permanently excluded under sections 3301.121 and 3313.662 of 3142
the Revised Code is permitted to maintain records regarding a 3143
conviction that was used as the basis for the individual's 3144
permanent exclusion, regardless of a court order to seal the 3145
record. An order issued under this section to seal the record of a 3146
conviction does not revoke the adjudication order of the 3147
superintendent of public instruction to permanently exclude the 3148
individual who is the subject of the sealing order. An order 3149
issued under this section to seal the record of a conviction of an 3150
individual may be presented to a district superintendent as 3151
evidence to support the contention that the superintendent should 3152
recommend that the permanent exclusion of the individual who is 3153
the subject of the sealing order be revoked. Except as otherwise 3154
authorized by this division and sections 3301.121 and 3313.662 of 3155
the Revised Code, any school employee in possession of or having 3156
access to the sealed conviction records of an individual that were 3157
the basis of a permanent exclusion of the individual is subject to 3158
section 2953.35 of the Revised Code.3159

       (H) For purposes of sections 2953.31 to 2953.36 of the 3160
Revised Code, DNA records collected in the DNA database and 3161
fingerprints filed for record by the superintendent of the bureau 3162
of criminal identification and investigation shall not be sealed 3163
unless the superintendent receives a certified copy of a final 3164
court order establishing that the offender's conviction has been 3165
overturned. For purposes of this section, a court order is not 3166
"final" if time remains for an appeal or application for 3167
discretionary review with respect to the order.3168

       Sec. 2953.321.  (A) As used in this section, "investigatory 3169
work product" means any records or reports of a law enforcement 3170
officer or agency that are excepted from the definition of 3171
"official records" contained in section 2953.51 of the Revised 3172
Code and that pertain to a caseconviction or bail forfeiture the 3173
records of which have been ordered sealed pursuant to division 3174
(C)(2) of section 2953.32 of the Revised Code or that pertain to a 3175
conviction or delinquent child adjudication the records of which3176
have been ordered expunged pursuant to division (E) of section 3177
2151.358, division (D)(2) of section 2953.37, or division (G) of 3178
section 2953.38 of the Revised Code.3179

       (B) Upon the issuance of an order by a court pursuant to 3180
division (C)(2) of section 2953.32 of the Revised Code directing 3181
that all official records of a case pertaining to a case3182
conviction or bail forfeiture be sealed or an order by a court 3183
pursuant to division (E) of section 2151.358, division (D)(2) of 3184
section 2953.37, or division (G) of section 2953.38 of the Revised 3185
Code directing that all official records of a case pertaining to a 3186
caseconviction or delinquent child adjudication be expunged:3187

       (1) Every law enforcement officer who possesses investigatory 3188
work product immediately shall deliver that work product to the 3189
law enforcement officer's employing law enforcement agency.3190

       (2) Except as provided in division (B)(3) of this section, 3191
every law enforcement agency that possesses investigatory work 3192
product shall close that work product to all persons who are not 3193
directly employed by the law enforcement agency and shall treat 3194
that work product, in relation to all persons other than those who 3195
are directly employed by the law enforcement agency, as if it did 3196
not exist and never had existed.3197

       (3) A law enforcement agency that possesses investigatory 3198
work product may permit another law enforcement agency to use that 3199
work product in the investigation of another offense if the facts 3200
incident to the offense being investigated by the other law 3201
enforcement agency and the facts incident to an offense that is 3202
the subject of the case are reasonably similar. The agency that 3203
permits the use of investigatory work product may provide the 3204
other agency with the name of the person who is the subject of the 3205
case if it believes that the name of the person is necessary to 3206
the conduct of the investigation by the other agency.3207

       (C)(1) Except as provided in division (B)(3) of this section, 3208
no law enforcement officer or other person employed by a law 3209
enforcement agency shall knowingly release, disseminate, or 3210
otherwise make the investigatory work product or any information 3211
contained in that work product available to, or discuss any 3212
information contained in it with, any person not employed by the 3213
employing law enforcement agency.3214

       (2) No law enforcement agency, or person employed by a law 3215
enforcement agency, that receives investigatory work product 3216
pursuant to division (B)(3) of this section shall use that work 3217
product for any purpose other than the investigation of the 3218
offense for which it was obtained from the other law enforcement 3219
agency, or disclose the name of the person who is the subject of 3220
the work product except when necessary for the conduct of the 3221
investigation of the offense, or the prosecution of the person for 3222
committing the offense, for which it was obtained from the other 3223
law enforcement agency.3224

       (3) It is not a violation of division (C)(1) or (2) of this 3225
section for the bureau of criminal identification and 3226
investigation or any authorized employee of the bureau 3227
participating in the investigation of criminal activity to 3228
release, disseminate, or otherwise make available to, or discuss 3229
with, a person directly employed by a law enforcement agency DNA 3230
records collected in the DNA database or fingerprints filed for 3231
record by the superintendent of the bureau of criminal 3232
identification and investigation.3233

       (D) Whoever violates division (C)(1) or (2) of this section 3234
is guilty of divulging confidential investigatory work product, a 3235
misdemeanor of the fourth degree.3236

       Sec. 2953.35.  (A)(1) As used in divisions (A)(2) and (3) of 3237
this section, "law enforcement or justice system matter" means an 3238
arrest, complaint, indictment, trial, hearing, adjudication, 3239
conviction, or correctional supervision.3240

       (2) Except as authorized by divisions (D), (E), and (F) of 3241
section 2953.32 of the Revised Code or by Chapter 2950. of the 3242
Revised Code and subject to division (A)(3) of this section, any 3243
officer or employee of the state, or a political subdivision of 3244
the state, who releases or otherwise disseminates or makes 3245
available for any purpose involving employment, bonding, or 3246
licensing in connection with any business, trade, or profession to 3247
any person, or to any department, agency, or other instrumentality 3248
of the state, or any political subdivision of the state, any 3249
information or other data concerning any arrest, complaint, 3250
indictment, trial, hearing, adjudication, conviction, or 3251
correctional supervisionlaw enforcement or justice system matter3252
the records with respect to which the officer or employee had 3253
knowledge of were sealed by an existing order issued pursuant to 3254
sections 2953.31 to 2953.36 of the Revised Code, were expunged by 3255
an order issued pursuant to division (E) of section 2151.358, 3256
section 2953.37, or section 2953.38 of the Revised Code, or were 3257
expunged by an order issued pursuant to section 2953.42 of the 3258
Revised Code as it existed prior to June 29, 1988, is guilty of 3259
divulging confidential information, a misdemeanor of the fourth 3260
degree.3261

       (3) Division (A)(2) of this section does not apply to an 3262
officer or employee of the state, or a political subdivision of 3263
the state, who releases or otherwise disseminates or makes 3264
available for any purpose specified in that division any 3265
information or other data concerning a law enforcement or justice 3266
system matter the records of which the officer had knowledge were 3267
sealed or expunged by an order of a type described in that 3268
division, if all of the following apply:3269

       (a) The officer or employee released, disseminated, or made 3270
available the information or data from the sealed or expunged 3271
records together with information or data concerning another law 3272
enforcement or justice system matter.3273

       (b) The records of the other law enforcement or justice 3274
matter were not sealed or expunged by any order of a type 3275
described in division (A)(2) of this section.3276

       (c) The law enforcement or justice matter covered by the 3277
information or data from the sealed or expunged records and the 3278
other law enforcement or justice matter covered by the information 3279
or data from the records that were not sealed or expunged resulted 3280
from or were connected to the same act.3281

       (d) The officer or employee made a good faith effort to not 3282
release, disseminate, or make available any information or other 3283
data concerning any law enforcement or justice matter from the 3284
sealed or expunged records, and the officer or employee did not 3285
release, disseminate, or make available the information or other 3286
data from the sealed or expunged records with malicious purpose, 3287
in bad faith, or in a wanton or reckless manner.3288

       (B) Any person who, in violation of section 2953.32 of the 3289
Revised Code, uses, disseminates, or otherwise makes available any 3290
index prepared pursuant to division (F) of section 2953.32 of the 3291
Revised Code is guilty of a misdemeanor of the fourth degree.3292

       (C) It is not a violation of this section for the bureau of 3293
criminal identification and investigation or any authorized 3294
employee of the bureau participating in the investigation of 3295
criminal activity to release, disseminate, or otherwise make 3296
available to, or discuss with, a person directly employed by a law 3297
enforcement agency DNA records collected in the DNA database or 3298
fingerprints filed for record by the superintendent of the bureau 3299
of criminal identification and investigation.3300

       Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised 3301
Code do not apply to any of the following:3302

       (A) Convictions when the offender is subject to a mandatory 3303
prison term;3304

       (B) Convictions under section 2907.02, 2907.03, 2907.04, 3305
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 3306
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised 3307
Code, or a conviction for a violation of a municipal ordinance 3308
that is substantially similar to any section contained in any of 3309
those chapters, except as otherwise provided in section 2953.61 of 3310
the Revised Code;3311

       (C) Convictions of an offense of violence when the offense is 3312
a misdemeanor of the first degree or a felony and when the offense 3313
is not a violation of section 2917.03 of the Revised Code and is 3314
not a violation of section 2903.13, 2917.01, or 2917.31 of the 3315
Revised Code that is a misdemeanor of the first degree;3316

       (D) Convictions on or after October 10, 2007, under section 3317
2907.07 of the Revised Code or a conviction on or after October 3318
10, 2007, for a violation of a municipal ordinance that is 3319
substantially similar to that section; 3320

       (E) Convictions on or after October 10, 2007, under section 3321
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 3322
2907.32, or 2907.33 of the Revised Code when the victim of the 3323
offense was under eighteen years of age;3324

       (F) Convictions of an offense in circumstances in which the 3325
victim of the offense was under eighteen years of age when the 3326
offense is a misdemeanor of the first degree or a felony, except 3327
for convictions under section 2919.21 of the Revised Code;3328

       (G) Convictions of a felony of the first or second degree;3329

       (H) Bail forfeitures in a traffic case as defined in Traffic 3330
Rule 2.3331

       Sec. 2953.61. When(A) Except as provided in division (B) of 3332
this section, when a person is charged with two or more offenses 3333
as a result of or in connection with the same act, when all of the 3334
charges either are dismissed, end in a judgment that the person 3335
was not guilty, or end in the entry of a no bill by a grand jury,3336
and when at least one of the charges has a final disposition that 3337
is different than the final disposition of the other charges, the 3338
person may not apply to the court for the sealing of histhe 3339
person's record in any of the cases until such time as hethe 3340
person would be able to apply to the court and have all of the 3341
records in all of the cases pertaining to those charges sealed 3342
pursuant to divisions (A)(1) and (2) of section 2953.32 and3343
divisions (A)(1) and (2) of section 2953.52 of the Revised Code. 3344
This division does not apply with respect to any charge that 3345
results in a conviction or a bail forfeiture or to the sealing of 3346
the record of any conviction or bail forfeiture under division 3347
(A)(1) or (2) of section 2953.32 of the Revised Code.3348

       (B) When a person is charged with two or more offenses as a 3349
result of or in connection with the same act, a record pertaining 3350
to any charge that is otherwise eligible for sealing may be sealed 3351
pursuant to section 2953.32 or 2953.52 of the Revised Code, 3352
notwithstanding the fact that one or more other charges are for 3353
offenses the records of which may not be sealed under section 3354
2953.36 of the Revised Code.3355

       Sec. 4510.111.  (A) No person shall operate any motor vehicle 3356
upon a highway or any public or private property used by the 3357
public for purposes of vehicular travel or parking in this state 3358
whose driver's or commercial driver's license has been suspended 3359
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 3360
4510.032, 4510.22, or 4510.33 of the Revised Code.3361

       (B) Upon the request or motion of the prosecuting authority, 3362
a noncertified copy of the law enforcement automated data system 3363
report or a noncertified copy of a record of the registrar of 3364
motor vehicles that shows the name, date of birth, and social 3365
security number of a person charged with a violation of division 3366
(A) of this section may be admitted into evidence as prima-facie 3367
evidence that the license of the person was under suspension at 3368
the time of the alleged violation of division (A) of this section. 3369
The person charged with a violation of division (A) of this 3370
section may offer evidence to rebut this prima-facie evidence.3371

       (C) Whoever violates division (A) of this section is guilty 3372
of driving under suspension, and shall be punished as provided in 3373
division (D)(C)(1) or (2) of this section.3374

       (1) Except as otherwise provided in division (D)(C)(2) of 3375
this section, the offense is an unclassified misdemeanor. The 3376
offender shall be sentenced pursuant to sections 2929.21 to 3377
2929.28 of the Revised Code, except that the offender shall not be 3378
sentenced to a jail term; the offender shall not be sentenced to a 3379
community residential sanction pursuant to section 2929.26 of the 3380
Revised Code; notwithstanding division (A)(2)(a) of section 3381
2929.28 of the Revised Code, the offender may be fined up to one 3382
thousand dollars; and, notwithstanding division (A)(3) of section 3383
2929.27 of the Revised Code, the offender may be ordered pursuant 3384
to division (C) of that section to serve a term of community 3385
service of up to five hundred hours. The failure of an offender to 3386
complete a term of community service imposed by the court may be 3387
punished as indirect criminal contempt under division (A) of 3388
section 2705.02 of the Revised Code that may be filed in the 3389
underlying case.3390

       (2) If, within three years of the offense, the offender 3391
previously was convicted of or pleaded guilty to two or more 3392
violations of division (A) of this section, or any combination of 3393
two or more violations of division (A) ) of this section or 3394
section 4510.11 or 4510.16 of the Revised Code, or a substantially 3395
equivalent municipal ordinance, the offense is a misdemeanor of 3396
the fourth degree, and the offender shall provide the court with 3397
proof of financial responsibility as defined in section 4509.01 of 3398
the Revised Code. If the offender fails to provide that proof of 3399
financial responsibility, then in addition to any other penalties 3400
provided by law, the court may order restitution pursuant to 3401
section 2929.28 of the Revised Code in an amount not exceeding 3402
five thousand dollars for any economic loss arising from an 3403
accident or collision that was the direct and proximate result of 3404
the offender's operation of the vehicle before, during, or after 3405
committing the offense for which the offender is sentenced under 3406
this section. 3407

       Sec. 4510.16.  (A) No person, whose driver's or commercial 3408
driver's license or temporary instruction permit or nonresident's 3409
operating privilege has been suspended or canceled pursuant to 3410
Chapter 4509. of the Revised Code, shall operate any motor vehicle 3411
within this state, or knowingly permit any motor vehicle owned by 3412
the person to be operated by another person in the state, during 3413
the period of the suspension or cancellation, except as 3414
specifically authorized by Chapter 4509. of the Revised Code. No 3415
person shall operate a motor vehicle within this state, or 3416
knowingly permit any motor vehicle owned by the person to be 3417
operated by another person in the state, during the period in 3418
which the person is required by section 4509.45 of the Revised 3419
Code to file and maintain proof of financial responsibility for a 3420
violation of section 4509.101 of the Revised Code, unless proof of 3421
financial responsibility is maintained with respect to that 3422
vehicle.3423

       (B) No person shall operate any motor vehicle upon a highway 3424
or any public or private property used by the public for purposes 3425
of vehicular travel or parking in this state if the person's 3426
driver's or commercial driver's license or temporary instruction 3427
permit or nonresident operating privilege has been suspended 3428
pursuant to section 4509.37 or 4509.40 of the Revised Code for 3429
nonpayment of a judgment.3430

       (C) Upon the request or motion of the prosecuting authority, 3431
a noncertified copy of the law enforcement automated data system 3432
report or a noncertified copy of a record of the registrar of 3433
motor vehicles that shows the name, date of birth, and social 3434
security number of a person charged with a violation of division 3435
(A) or (B) of this section may be admitted into evidence as 3436
prima-facie evidence that the license of the person was under 3437
either a financial responsibility law suspension at the time of 3438
the alleged violation of division (A) of this section or a 3439
nonpayment of judgment suspension at the time of the alleged 3440
violation of division (B) of this section. The person charged with 3441
a violation of division (A) or (B) of this section may offer 3442
evidence to rebut this prima-facie evidence.3443

       (D) Whoever violates division (A) of this section is guilty 3444
of driving under financial responsibility law suspension or 3445
cancellation and shall be punished as provided in divisions (D) to 3446
(I) of this section. Whoever violates division (B) of this section 3447
is guilty of driving under a nonpayment of judgment suspension and 3448
shall be punished as provided in divisions (D) to (I) of this 3449
section. 3450

       (1) Except as otherwise provided in division (D)(2) of this 3451
section, the offense is an unclassified misdemeanor. When the 3452
offense is an unclassified misdemeanor, the offender shall be 3453
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised 3454
Code, except that the offender shall not be sentenced to a jail 3455
term; the offender shall not be sentenced to a community 3456
residential sanction pursuant to section 2929.26 of the Revised 3457
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the 3458
Revised Code, the offender may be fined up to one thousand 3459
dollars; and, notwithstanding division (A)(3) of section 2929.27 3460
of the Revised Code, the offender may be ordered pursuant to 3461
division (C) of that section to serve a term of community service 3462
of up to five hundred hours. The failure of an offender to 3463
complete a term of community service imposed by the court may be 3464
punished as indirect criminal contempt under division (A) of 3465
section 2705.02 of the Revised Code that may be filed in the 3466
underlying case.3467

       (2) If, within three years of the offense, the offender 3468
previously was convicted of or pleaded guilty to two or more 3469
violations of this section, or any combination of two violations 3470
of this section or section 4510.11 or 4510.111 of the Revised 3471
Code, or a substantially equivalent municipal ordinance, the 3472
offense is a misdemeanor of the fourth degree. 3473

       (3) The offender shall provide the court with proof of 3474
financial responsibility as defined in section 4509.01 of the 3475
Revised Code. If the offender fails to provide that proof of 3476
financial responsibility, then in addition to any other penalties 3477
provided by law, the court may order restitution pursuant to 3478
section 2929.28 of the Revised Code in an amount not exceeding 3479
five thousand dollars for any economic loss arising from an 3480
accident or collision that was the direct and proximate result of 3481
the offender's operation of the vehicle before, during, or after 3482
committing the offense for which the offender is sentenced under 3483
this section.3484

       Sec. 5120.651.  An inmate is eligible to participate in the 3485
prison nursery program if she is pregnant at the time she is 3486
delivered into the custody of the department of rehabilitation and 3487
correction, she gives birth on or after the date the program is 3488
implemented, she is subject to a sentence of imprisonment of not 3489
more than eighteen monthsthree years, and she and the child meet 3490
any other criteria established by the department.3491

       Sec. 5139.01.  (A) As used in this chapter:3492

       (1) "Commitment" means the transfer of the physical custody 3493
of a child or youth from the court to the department of youth 3494
services.3495

       (2) "Permanent commitment" means a commitment that vests 3496
legal custody of a child in the department of youth services.3497

       (3) "Legal custody," insofar as it pertains to the status 3498
that is created when a child is permanently committed to the 3499
department of youth services, means a legal status in which the 3500
department has the following rights and responsibilities: the 3501
right to have physical possession of the child; the right and duty 3502
to train, protect, and control the child; the responsibility to 3503
provide the child with food, clothing, shelter, education, and 3504
medical care; and the right to determine where and with whom the 3505
child shall live, subject to the minimum periods of, or periods 3506
of, institutional care prescribed in sections 2152.13 to 2152.18 3507
of the Revised Code; provided, that these rights and 3508
responsibilities are exercised subject to the powers, rights, 3509
duties, and responsibilities of the guardian of the person of the 3510
child, and subject to any residual parental rights and 3511
responsibilities.3512

       (4) Unless the context requires a different meaning, 3513
"institution" means a state facility that is created by the 3514
general assembly and that is under the management and control of 3515
the department of youth services or a private entity with which 3516
the department has contracted for the institutional care and 3517
custody of felony delinquents.3518

       (5) "Full-time care" means care for twenty-four hours a day 3519
for over a period of at least two consecutive weeks.3520

       (6) "Placement" means the conditional release of a child 3521
under the terms and conditions that are specified by the 3522
department of youth services. The department shall retain legal 3523
custody of a child released pursuant to division (C) of section 3524
2152.22 of the Revised Code or division (C) of section 5139.06 of 3525
the Revised Code until the time that it discharges the child or 3526
until the legal custody is terminated as otherwise provided by 3527
law.3528

       (7) "Home placement" means the placement of a child in the 3529
home of the child's parent or parents or in the home of the 3530
guardian of the child's person.3531

       (8) "Discharge" means that the department of youth services' 3532
legal custody of a child is terminated.3533

       (9) "Release" means the termination of a child's stay in an 3534
institution and the subsequent period during which the child 3535
returns to the community under the terms and conditions of 3536
supervised release.3537

       (10) "Delinquent child" has the same meaning as in section 3538
2152.02 of the Revised Code.3539

       (11) "Felony delinquent" means any child who is at least ten 3540
years of age but less than eighteen years of age and who is 3541
adjudicated a delinquent child for having committed an act that if 3542
committed by an adult would be a felony. "Felony delinquent" 3543
includes any adult who is between the ages of eighteen and 3544
twenty-one and who is in the legal custody of the department of 3545
youth services for having committed an act that if committed by an 3546
adult would be a felony.3547

       (12) "Juvenile traffic offender" has the same meaning as in 3548
section 2152.02 of the Revised Code.3549

       (13) "Public safety beds" means all of the following:3550

       (a) Felony delinquents who have been committed to the 3551
department of youth services for the commission of an act, other 3552
than a violation of section 2911.01 or 2911.11 of the Revised 3553
Code, that is a category one offense or a category two offense and 3554
who are in the care and custody of an institution or have been 3555
diverted from care and custody in an institution and placed in a 3556
community corrections facility;3557

       (b) Felony delinquents who, while committed to the department 3558
of youth services and in the care and custody of an institution or 3559
a community corrections facility, are adjudicated delinquent 3560
children for having committed in that institution or community 3561
corrections facility an act that if committed by an adult would be 3562
a misdemeanor or a felony;3563

       (c) Children who satisfy all of the following:3564

       (i) They are at least ten years of age but less than eighteen 3565
years of age.3566

       (ii) They are adjudicated delinquent children for having 3567
committed acts that if committed by an adult would be a felony.3568

       (iii) They are committed to the department of youth services 3569
by the juvenile court of a county that has had one-tenth of one 3570
per cent or less of the statewide adjudications for felony 3571
delinquents as averaged for the past four fiscal years.3572

       (iv) They are in the care and custody of an institution or a 3573
community corrections facility.3574

       (d) Felony delinquents who, while committed to the department 3575
of youth services and in the care and custody of an institution 3576
are serving disciplinary time for having committed an act 3577
described in division (A)(18)(a), (b), or (c) of this section, and 3578
who have been institutionalized or institutionalized in a secure 3579
facility for the minimum period of time specified in divisions 3580
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.3581

       (e) Felony delinquents who are subject to and serving a 3582
three-year period of commitment order imposed by a juvenile court 3583
pursuant to divisions (A) and (B) of section 2152.17 of the 3584
Revised Code for an act, other than a violation of section 2911.11 3585
of the Revised Code, that would be a category one offense or 3586
category two offense if committed by an adult.3587

       (f) Felony delinquents who are described in divisions 3588
(A)(13)(a) to (e) of this section, who have been granted a 3589
judicial release to court supervision under division (B) or (D) of 3590
section 2152.22 of the Revised Code or a judicial release to the 3591
department of youth services supervision under division (C) or (D) 3592
of that section from the commitment to the department of youth 3593
services for the act described in divisions (A)(13)(a) to (e) of 3594
this section, who have violated the terms and conditions of that 3595
release, and who, pursuant to an order of the court of the county 3596
in which the particular felony delinquent was placed on release 3597
that is issued pursuant to division (E) of section 2152.22 of the 3598
Revised Code, have been returned to the department for 3599
institutionalization or institutionalization in a secure facility.3600

       (g) Felony delinquents who have been committed to the custody 3601
of the department of youth services, who have been granted 3602
supervised release from the commitment pursuant to section 5139.51 3603
of the Revised Code, who have violated the terms and conditions of 3604
that supervised release, and who, pursuant to an order of the 3605
court of the county in which the particular child was placed on 3606
supervised release issued pursuant to division (F) of section 3607
5139.52 of the Revised Code, have had the supervised release 3608
revoked and have been returned to the department for 3609
institutionalization. A felony delinquent described in this 3610
division shall be a public safety bed only for the time during 3611
which the felony delinquent is institutionalized as a result of 3612
the revocation subsequent to the initialminimum thirty-day period 3613
of institutionalization required by division (F) of section 3614
5139.52 of the Revised Code.3615

       (14) Unless the context requires a different meaning, 3616
"community corrections facility" means a county or multicounty 3617
rehabilitation center for felony delinquents who have been 3618
committed to the department of youth services and diverted from 3619
care and custody in an institution and placed in the 3620
rehabilitation center pursuant to division (E) of section 5139.36 3621
of the Revised Code.3622

       (15) "Secure facility" means any facility that is designed 3623
and operated to ensure that all of its entrances and exits are 3624
under the exclusive control of its staff and to ensure that, 3625
because of that exclusive control, no child who has been 3626
institutionalized in the facility may leave the facility without 3627
permission or supervision.3628

       (16) "Community residential program" means a program that 3629
satisfies both of the following:3630

       (a) It is housed in a building or other structure that has no 3631
associated major restraining construction, including, but not 3632
limited to, a security fence.3633

       (b) It provides twenty-four-hour care, supervision, and 3634
programs for felony delinquents who are in residence.3635

       (17) "Category one offense" and "category two offense" have 3636
the same meanings as in section 2151.26 of the Revised Code.3637

       (18) "Disciplinary time" means additional time that the 3638
department of youth services requires a felony delinquent to serve 3639
in an institution, that delays the felony delinquent's planned 3640
release, and that the department imposes upon the felony 3641
delinquent following the conduct of an internal due process 3642
hearing for having committed any of the following acts while 3643
committed to the department and in the care and custody of an 3644
institution:3645

       (a) An act that if committed by an adult would be a felony;3646

       (b) An act that if committed by an adult would be a 3647
misdemeanor;3648

       (c) An act that is not described in division (A)(18)(a) or 3649
(b) of this section and that violates an institutional rule of 3650
conduct of the department.3651

       (19) "Unruly child" has the same meaning as in section 3652
2151.022 of the Revised Code.3653

       (20) "Revocation" means the act of revoking a child's 3654
supervised release for a violation of a term or condition of the 3655
child's supervised release in accordance with section 5139.52 of 3656
the Revised Code.3657

       (21) "Release authority" means the release authority of the 3658
department of youth services that is established by section 3659
5139.50 of the Revised Code.3660

       (22) "Supervised release" means the event of the release of a 3661
child under this chapter from an institution and the period after 3662
that release during which the child is supervised and assisted by 3663
an employee of the department of youth services under specific 3664
terms and conditions for reintegration of the child into the 3665
community.3666

       (23) "Victim" means the person identified in a police report, 3667
complaint, or information as the victim of an act that would have 3668
been a criminal offense if committed by an adult and that provided 3669
the basis for adjudication proceedings resulting in a child's 3670
commitment to the legal custody of the department of youth 3671
services.3672

       (24) "Victim's representative" means a member of the victim's 3673
family or another person whom the victim or another authorized 3674
person designates in writing, pursuant to section 5139.56 of the 3675
Revised Code, to represent the victim with respect to proceedings 3676
of the release authority of the department of youth services and 3677
with respect to other matters specified in that section.3678

       (25) "Member of the victim's family" means a spouse, child, 3679
stepchild, sibling, parent, stepparent, grandparent, other 3680
relative, or legal guardian of a child but does not include a 3681
person charged with, convicted of, or adjudicated a delinquent 3682
child for committing a criminal or delinquent act against the 3683
victim or another criminal or delinquent act arising out of the 3684
same conduct, criminal or delinquent episode, or plan as the 3685
criminal or delinquent act committed against the victim.3686

       (26) "Judicial release to court supervision" means a release 3687
of a child from institutional care or institutional care in a 3688
secure facility that is granted by a court pursuant to division 3689
(B) of section 2152.22 of the Revised Code during the period 3690
specified in that division or that is granted by a court to court 3691
supervision pursuant to division (D) of that section during the 3692
period specified in that division.3693

       (27) "Judicial release to department of youth services 3694
supervision" means a release of a child from institutional care or 3695
institutional care in a secure facility that is granted by a court 3696
pursuant to division (C) of section 2152.22 of the Revised Code 3697
during the period specified in that division or that is granted to 3698
department supervision by a court pursuant to division (D) of that 3699
section during the period specified in that division.3700

       (28) "Juvenile justice system" includes all of the functions 3701
of the juvenile courts, the department of youth services, any 3702
public or private agency whose purposes include the prevention of 3703
delinquency or the diversion, adjudication, detention, or 3704
rehabilitation of delinquent children, and any of the functions of 3705
the criminal justice system that are applicable to children.3706

       (29) "Metropolitan county criminal justice services agency" 3707
means an agency that is established pursuant to division (A) of 3708
section 5502.64 of the Revised Code.3709

       (30) "Administrative planning district" means a district that 3710
is established pursuant to division (A) or (B) of section 5502.66 3711
of the Revised Code.3712

       (31) "Criminal justice coordinating council" means a criminal 3713
justice services agency that is established pursuant to division 3714
(D) of section 5502.66 of the Revised Code.3715

       (32) "Comprehensive plan" means a document that coordinates, 3716
evaluates, and otherwise assists, on an annual or multi-year 3717
basis, all of the functions of the juvenile justice systems of the 3718
state or a specified area of the state, that conforms to the 3719
priorities of the state with respect to juvenile justice systems, 3720
and that conforms with the requirements of all federal criminal 3721
justice acts. These functions include, but are not limited to, all 3722
of the following:3723

       (a) Delinquency;3724

       (b) Identification, detection, apprehension, and detention of 3725
persons charged with delinquent acts;3726

       (c) Assistance to crime victims or witnesses, except that the 3727
comprehensive plan does not include the functions of the attorney 3728
general pursuant to sections 109.91 and 109.92 of the Revised 3729
Code;3730

       (d) Adjudication or diversion of persons charged with 3731
delinquent acts;3732

       (e) Custodial treatment of delinquent children;3733

       (f) Institutional and noninstitutional rehabilitation of 3734
delinquent children.3735

       (B) There is hereby created the department of youth services. 3736
The governor shall appoint the director of the department with the 3737
advice and consent of the senate. The director shall hold office 3738
during the term of the appointing governor but subject to removal 3739
at the pleasure of the governor. Except as otherwise authorized in 3740
section 108.05 of the Revised Code, the director shall devote the 3741
director's entire time to the duties of the director's office and 3742
shall hold no other office or position of trust or profit during 3743
the director's term of office.3744

       The director is the chief executive and administrative 3745
officer of the department and has all the powers of a department 3746
head set forth in Chapter 121. of the Revised Code. The director 3747
may adopt rules for the government of the department, the conduct 3748
of its officers and employees, the performance of its business, 3749
and the custody, use, and preservation of the department's 3750
records, papers, books, documents, and property. The director 3751
shall be an appointing authority within the meaning of Chapter 3752
124. of the Revised Code. Whenever this or any other chapter or 3753
section of the Revised Code imposes a duty on or requires an 3754
action of the department, the duty or action shall be performed by 3755
the director or, upon the director's order, in the name of the 3756
department.3757

       Sec. 5139.52.  (A) At any time during a child's supervised 3758
release or during the period of a child's judicial release to 3759
department of youth services supervision, if the regional 3760
administrator or the employee of the department assigned to 3761
supervise and assist the child has reasonable grounds to believe 3762
that the child has violated a term or condition of the supervised 3763
release or judicial release, the administrator or employee may 3764
request a court to issue a summons that requires the child to 3765
appear for a hearing to answer charges of the alleged violation. 3766
The summons shall contain a brief statement of the alleged 3767
violation, including the date and place of the violation, and 3768
shall require the child to appear for a hearing before the court 3769
at a specific date, time, and place.3770

       (B)(1) At any time while a child is on supervised release or 3771
during the period of a child's judicial release to department of 3772
youth services supervision, a regional administrator or a designee 3773
of a regional administrator, upon application of the employee of 3774
the department assigned to supervise and assist the child as 3775
described in this division, may issue, or cause to be issued, an 3776
order of apprehension for the arrest of the child for the alleged 3777
violation of a term or condition of the child's supervised release 3778
or judicial release. An application requesting an order of 3779
apprehension shall set forth that, in the good faith judgment of 3780
the employee of the department assigned to supervise and assist 3781
the child making the application, there is reasonable cause to 3782
believe that the child who is on supervised release or judicial 3783
release to department of youth services supervision has violated 3784
or is violating a term or condition of the child's supervised 3785
release or judicial release, shall state the basis for that 3786
belief, and shall request that the child be taken to an 3787
appropriate place of secure detention pending a probable cause 3788
determination. As an alternative to an order of apprehension for 3789
the child, a regional administrator or the employee of the 3790
department assigned to supervise and assist the child may request 3791
a court to issue a warrant for the arrest of the child.3792

       Subject to the provision of prior notice required by division 3793
(D)(1) of this section, if a regional administrator or a designee 3794
of a regional administrator issues, in writing, an order of 3795
apprehension for the arrest of a child, a staff member of the 3796
department of youth services who has been designated pursuant to 3797
division (A)(1) of section 5139.53 of the Revised Code as being 3798
authorized to arrest and who has received the training described 3799
in division (B)(1) of that section, or a peace officer, as defined 3800
in section 2935.01 of the Revised Code, may arrest the child, 3801
without a warrant, and place the child in secure detention in 3802
accordance with this section.3803

       If a child is on supervised release or judicial release to 3804
department of youth services supervision, any peace officer, as 3805
defined in section 2935.01 of the Revised Code, may arrest the 3806
child without a warrant or order of apprehension if the peace 3807
officer has reasonable grounds to believe that the child has 3808
violated or is violating any of the following that has been 3809
prescribed by the release authority or department of youth 3810
services relative to the child:3811

       (a) A condition that prohibits the child's ownership, 3812
possession, or use of a firearm, deadly weapon, ammunition, or 3813
dangerous ordnance, all as defined in section 2923.11 of the 3814
Revised Code;3815

       (b) A condition that prohibits the child from being within a 3816
specified structure or geographic area;3817

       (c) A condition that confines the child to a residence, 3818
facility, or other structure;3819

       (d) A condition that prohibits the child from contacting or 3820
communicating with any specified individual;3821

       (e) A condition that prohibits the child from associating 3822
with a specified individual;3823

       (f) Any other rule, term, or condition governing the conduct 3824
of the child that has been prescribed by the release authority.3825

       (2) Subject to the provision of prior notice required by 3826
division (D)(1) of this section, a staff member of the department 3827
of youth services who is designated by the director pursuant to 3828
division (A)(1) of section 5139.53 of the Revised Code and who has 3829
received the training described in division (B)(1) of that 3830
section, a peace officer, as defined in section 2935.01 of the 3831
Revised Code, or any other officer with the power to arrest may 3832
execute a warrant or order of apprehension issued under division 3833
(B)(1) of this section and take the child into secure custody.3834

       (C) A staff member of the department of youth services who is 3835
designated by the director of youth services pursuant to division 3836
(A)(1) of section 5139.53 of the Revised Code and who has received 3837
the training described in division (B)(1) of that section, a peace 3838
officer, as defined in section 2935.01 of the Revised Code, or any 3839
other officer with the power to arrest may arrest without a 3840
warrant or order of apprehension and take into secure custody a 3841
child in the legal custody of the department, if the staff member, 3842
peace officer, or other officer has reasonable cause to believe 3843
that the child who is on supervised release or judicial release to 3844
department of youth services supervision has violated or is 3845
violating a term or condition of the supervised release or 3846
judicial release in any of the following manners:3847

       (1) The child committed or is committing an offense or 3848
delinquent act in the presence of the staff member, peace officer, 3849
or other officer.3850

       (2) There is probable cause to believe that the child 3851
violated a term or condition of supervised release or judicial 3852
release and that the child is leaving or is about to leave the 3853
state.3854

       (3) The child failed to appear before the release authority 3855
pursuant to a summons for a modification or failed to appear for a 3856
scheduled court hearing.3857

       (4) The arrest of the child is necessary to prevent physical 3858
harm to another person or to the child.3859

       (D)(1) Except as otherwise provided in this division, prior 3860
to arresting a child under this section, either in relation to an 3861
order of apprehension or a warrant for arrest or in any other 3862
manner authorized by this section, a staff member or employee of 3863
the department of youth services shall provide notice of the 3864
anticipated arrest to each county, municipal, or township law 3865
enforcement agency with jurisdiction over the place at which the 3866
staff member or employee anticipates making the arrest. A staff 3867
member or employee is not required to provide the notice described 3868
in this division prior to making an arrest in any emergency 3869
situation or circumstance described under division (C) of this 3870
section.3871

       (2) If a child is arrested under this section and if it is 3872
known that the child is on supervised release or judicial release 3873
to department of youth services supervision, a juvenile court, 3874
local juvenile detention facility, or jail shall notify the 3875
appropriate department of youth services regional office that the 3876
child has been arrested and shall provide to the regional office 3877
or to an employee of the department of youth services a copy of 3878
the arrest information pertaining to the arrest.3879

       (3) Nothing in this section limits the power to make an 3880
arrest that is granted to specified peace officers under section 3881
2935.03 of the Revised Code, to any person under section 2935.04 3882
of the Revised Code, or to any other specified category of persons 3883
by any other provision of the Revised Code, or the power to take a 3884
child into custody that is granted pursuant to section 2151.31 of 3885
the Revised Code.3886

       (E) If a child who is on supervised release or who is under a 3887
period of judicial release to department of youth services 3888
supervision is arrested under an order of apprehension, under a 3889
warrant, or without a warrant as described in division (B)(1), 3890
(B)(2), or (C) of this section and taken into secure custody, all 3891
of the following apply:3892

       (1) If no motion to revoke the child's supervised release or 3893
judicial release has been filed within seventy-two hours after the 3894
child is taken into secure custody, the juvenile court, in making 3895
its determinations at a detention hearing as to whether to hold 3896
the child in secure custody up to seventy-two hours so that a 3897
motion to revoke the child's supervised release or judicial 3898
release may be filed, may consider, in addition to all other 3899
evidence and information considered, the circumstances of the 3900
child's arrest and, if the arrest was pursuant to an order of 3901
apprehension, the order and the application for the order.3902

       (2) If no motion to revoke the child's supervised release or 3903
judicial release has been filed within seventy-two hours after the 3904
child is taken into secure custody and if the child has not 3905
otherwise been released prior to the expiration of that 3906
seventy-two-hour period, the child shall be released upon the 3907
expiration of that seventy-two-hour period.3908

       (3) If the person is eighteen, nineteen, or twenty years of 3909
age, the person may be confined in secure detention in the jail of 3910
the county in which the person is taken into custody. If the 3911
person is under eighteen years of age, the person may be confined 3912
in secure detention in the nearest juvenile detention facility.3913

       (4) If a motion to revoke the child's supervised release or 3914
judicial release is filed after the child has been taken into 3915
secure custody and the court decides at the detention hearing to 3916
release the child from secure custody, the court may release the 3917
child on the same terms and conditions that are currently in 3918
effect regarding the child's supervised release or judicial 3919
release, pending revocation or subsequent modification.3920

       (F) If a child who is on supervised release is arrested under 3921
an order of apprehension, under a warrant, or without a warrant as 3922
described in division (B)(1), (B)(2), or (C) of this section and 3923
taken into secure custody, and if a motion to revoke the child's 3924
supervised release is filed, the juvenile court of the county in 3925
which the child is placed promptly shall schedule a time for a 3926
hearing on whether the child violated any of the terms and 3927
conditions of the supervised release. If a child is released on 3928
supervised release and the juvenile court of the county in which 3929
the child is placed otherwise has reason to believe that the child 3930
has not complied with the terms and conditions of the supervised 3931
release, the court of the county in which the child is placed, in 3932
its discretion, may schedule a time for a hearing on whether the 3933
child violated any of the terms and conditions of the supervised 3934
release. If the court of the county in which the child is placed 3935
on supervised release conducts a hearing and determines at the 3936
hearing that the child did not violate any term or condition of 3937
the child's supervised release, the child shall be released from 3938
custody, if the child is in custody at that time, and shall 3939
continue on supervised release under the terms and conditions that 3940
were in effect at the time of the child's arrest, subject to 3941
subsequent revocation or modification. If the court of the county 3942
in which the child is placed on supervised release conducts a 3943
hearing and determines at the hearing that the child violated one 3944
or more of the terms and conditions of the child's supervised 3945
release, the court, if it determines that the violation was a 3946
serious violation, may revoke the child's supervised release and 3947
order the child to be returned to the department of youth services 3948
for institutionalization or, in any case, may make any other 3949
disposition of the child authorized by law that the court 3950
considers proper. If the court orders the child to be returned to 3951
a department of youth services institution, the court shall 3952
determine the length of the institutionalization, subject to the 3953
release authority of the department of youth services, which shall 3954
be for at least thirty days and shall not exceed the child's 3955
attainment of twenty-one years of age. Upon the child's return to 3956
an institution, the child shall remain institutionalized for a 3957
minimum period of thirty days, theand a maximum period not to 3958
exceed the child's attainment of twenty-one years of age. The3959
department shall not reduce the minimum thirty-day period of 3960
institutionalization for any time that the child was held in 3961
secure custody subsequent to the child's arrest and pending the 3962
revocation hearing and the child's return to the department, the 3963
release authority, in its discretion, may require the child to 3964
remain in institutionalization for longer than the minimum 3965
thirty-day period, and the. The child is notshall be eligible for 3966
judicial release or early release during the minimum thirty-day 3967
period of institutionalization or any period of 3968
institutionalization in excess of the minimum thirty-day period.3969

       This division does not apply regarding a child who is under a 3970
period of judicial release to department of youth services 3971
supervision. Division (E) of section 2152.22 of the Revised Code 3972
applies in relation to a child who is under a period of judicial 3973
release to department of youth services supervision.3974

       Section 2.  That existing sections 109.57, 109.572, 109.578, 3975
122.681, 307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27, 3976
2907.28, 2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 3977
2953.35, 2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01, 3978
and 5139.52 of the Revised Code are hereby repealed.3979

       Section 3.  Sections 307.932 and 2929.26 of the Revised Code 3980
are presented in this act as composites of the sections as amended 3981
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th 3982
General Assembly. The General Assembly, applying the principle 3983
stated in division (B) of section 1.52 of the Revised Code that 3984
amendments are to be harmonized if reasonably capable of 3985
simultaneous operation, finds that the composites are the 3986
resulting versions of the sections in effect prior to the 3987
effective date of the sections as presented in this act.3988