Sub. S. B. No. 143 As Reported by the House Judiciary Committee

As Reported by the House Judiciary Committee

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,

307.932, 1901.44, 1905.202, 1907.25, 2151.311,

2151.356, 2151.357, 2152.26, 2907.27, 2907.28,

2929.12, 2929.141, 2929.20, 2929.26, 2947.09,

2947.23, 2953.25, 2953.31, 2953.32, 2953.321,

2953.35, 2953.36, 2953.53, 2953.61, 2967.26,

4510.111, 4510.16, 5120.07, 5120.651, 5139.01, and

5139.52 of the Revised Code to permit the Attorney

General to authorize the release of information

relating to certain arrests and delinquent child

adjudications pursuant to a request for a criminal

records check; to regulate the confidentiality of

personal information related to community service

block grants; to clarify the authority of boards

of county commissioners to establish a community

alternative sentencing center; to authorize a

municipal corporation to establish a community

alternative sentencing center; to modify the

procedure for sentencing and admitting an eligible

offender to a community alternative sentencing

center; to clarify that an eligible offender must

successfully complete any term in a center as a

condition of a community residential sanction; to

include the best interests of the person as a

reason for which an alleged or adjudicated

delinquent child who is at least 18 but younger

than 21 may be held in an adult detention

facility; to modify the waiting period for making

a motion or application for the sealing of a

juvenile court record of a person who is 18 years

of age or older; to reaffirm that BCII is a public

office or agency for purposes of notification of a

delinquency record-sealing order; to specify that

most identifying information that relates to the

admission and confinement in an adult detention

facility of a person under 21 generally is

confidential; to clarify a court's authority to

commit a delinquent child to the Department of

Youth Services for a violation of supervised

release; to authorize a court to order restitution

if a person convicted of driving under suspension

or driving under financial-responsibility-law

suspension or cancellation fails to provide proof

of financial responsibility; to extend the

existence of the Ex-offender Reentry Coalition

until December 31, 2019; to authorize a person

charged with multiple offenses in connection with

the same act to apply for the sealing of records

pertaining to an acquitted charge; to eliminate

the requirement that notice of a sealing order be

sent by certified mail; to modify the requirements

regarding testing for HIV of persons charged with

specified sex offense; to increase the sentence of

imprisonment that disqualifies an inmate from

participating in the prison nursery program; to

remove the cap of 40 hours per month and give a

court discretion in setting the amount of credit

for community service ordered for failure to pay a

criminal court cost judgment; to authorize a court

that receives or is forwarded a petition for a

certificate of qualification for employment to

direct the clerk of court to process and record

all required notices; to include persons convicted

twice of the same misdemeanor as eligible

offenders for purposes of sealing records of the

convictions; to provide a qualified immunity in

specified circumstances to a government official

who mistakenly releases information from a sealed

or expunged record; to clarify the application of

the Conviction Record Sealing Law to individual

convictions and bail forfeitures; to preclude a

court from disapproving transitional control of a

prisoner who is serving a sentence of more than

two years; to authorize an additional prison term

for the commission of a felony while on

transitional control; and to eliminate the warning

notice that motor vehicle registration may be

blocked for failure to appear in court or pay a

fine.

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

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

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

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

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

(b) The style and number of the case;

155

156

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

343

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J) As used in this section:

530

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(G) As used in this section:

1004

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

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

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

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

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

(1) A felony;

1033

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

1034

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The individual assistance recipient;

1160

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

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

(4) The attorney of the individual assistance recipient.

1165

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

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

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

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

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

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

1182

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

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

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

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

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

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

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

(B)(1) The board of county commissioners of any county, in	1223
consultation with the sheriff of the county, may ~~formulate a~~	1224
~~proposal for~~establish a community alternative sentencing center	1225
that, upon implementation by the county or being subcontracted to	1226
or operated by a nonprofit organization, ~~would~~shall be used for	1227
the confinement of eligible offenders sentenced directly to the	1228
center by a court located in ~~the~~any county pursuant to a	1229
community residential sanction of not more than ~~thirty~~ninety days	1230
or pursuant to an OVI term of confinement of not more than ~~sixty~~	1231
ninety days, and for the purpose of closely monitoring those	1232
eligible offenders' adjustment to community supervision. A board	1233
that ~~formulates~~establishes a ~~proposal~~center pursuant to this	1234
division shall do so by resolution.	1235

(2) The boards of county commissioners of two or more	1236
adjoining or neighboring counties, in consultation with the	1237
sheriffs of each of those counties, may affiliate and ~~formulate~~	1238
establish by resolution adopted by each of them ~~a proposal for~~ a	1239
district community alternative sentencing center that, upon	1240
implementation by the counties or being subcontracted to or	1241
operated by a nonprofit organization, ~~would~~shall be used for the	1242
confinement of eligible offenders sentenced directly to the center	1243
by a court located in any ~~of those counties~~county pursuant to a	1244
community residential sanction of not more than ~~thirty~~ninety days	1245
or pursuant to an OVI term of confinement of not more than ~~sixty~~	1246
ninety days, and for the purpose of closely monitoring those	1247
eligible offenders' adjustment to community supervision. Each	1248
board that affiliates with one or more other boards to ~~formulate~~	1249
establish a ~~proposal~~center pursuant to this division shall	1250
~~formulate the proposal~~do so by resolution.	1251

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

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

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

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

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

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

If a board of county commissioners or, an affiliated group of	1307
boards of county commissioners, or municipal corporation	1308
establishes and operates or subcontracts with a nonprofit	1309
organization for the operation of a community alternative	1310
sentencing center or district community alternative sentencing	1311
center under this division, except as otherwise provided in this	1312
division, the center is not a minimum security jail under section	1313
341.14, section 753.21, or any other provision of the Revised	1314
Code, is not a jail or alternative residential facility as defined	1315
in section 2929.01 of the Revised Code, is not required to satisfy	1316
or comply with minimum standards for minimum security jails or	1317
other jails that are promulgated under division (A) of section	1318
5120.10 of the Revised Code, is not a local detention facility as	1319
defined in section 2929.36 of the Revised Code, and is not a	1320
residential unit as defined in section 2950.01 of the Revised	1321
Code. The center is a detention facility as defined in sections	1322
2921.01 and 2923.124 of the Revised Code, and an eligible offender	1323
confined in the center is under detention as defined in section	1324
2921.01 of the Revised Code. Regarding persons sentenced directly	1325
to the center under an OVI term of confinement or under both an	1326
OVI term of confinement and confinement for a violation of section	1327
4510.14 of the Revised Code or a municipal DUS offense, the center	1328
shall be considered a "jail" or "local correctional facility" for	1329
purposes of any provision in section 4510.14 or 4511.19 of the	1330
Revised Code or in an ordinance of a municipal corporation that	1331
requires a mandatory jail term or mandatory term of local	1332
incarceration for the violation of section 4511.19 of the Revised	1333
Code, the violation of both section 4510.14 and 4511.19 of the	1334
Revised Code, the municipal OVI offense, or the municipal OVI	1335
offense and the municipal DUS offense, and a direct sentence of a	1336
person to the center under an OVI term of confinement or under	1337
both an OVI term of confinement and confinement for a violation of	1338
section 4510.14 of the Revised Code or a municipal DUS offense	1339
shall be considered to be a sentence to a "jail" or "local	1340
correctional facility" for purposes of any such provision in	1341
section 4510.14 or 4511.19 of the Revised Code or in an ordinance	1342
of a municipal corporation.	1343

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

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

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

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

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

(H) If a board of county commissioners ~~establishes and~~	1383
operates or subcontracts with a nonprofit organization for the	1384
operation of a community alternative sentencing center ~~under~~	1385
~~division (E) of this section~~, or an affiliated group of boards of	1386
county commissioners ~~establishes and~~ operates or subcontracts	1387
with a nonprofit organization for the operation of a district	1388
community alternative sentencing center, or a municipal	1389
corporation operates or subcontracts with a nonprofit organization	1390
for the operation of a community alternative sentencing center	1391
under ~~that division~~this section, all of the following apply:	1392

(1) ~~Any~~With the approval of the operator of the center, a	1393
court located within ~~the~~any county ~~served by the board that~~	1394
~~establishes and operates a community alternative sentencing center~~	1395
may directly sentence eligible offenders to ~~the~~a community	1396
alternative sentencing center or district community alternative	1397
sentencing center pursuant to a community residential sanction of	1398
not more than ~~thirty~~ninety days or pursuant to an OVI term of	1399
confinement, a combination of an OVI term of confinement and	1400
confinement for a violation of section 4510.14 of the Revised	1401
Code, or confinement for a municipal DUS offense of not more than	1402
ninety days. ~~Any court located within a county served by any of~~	1403
~~the boards that establishes and operates a district community~~	1404
~~alternative sentencing center may directly sentence eligible~~	1405
~~offenders to the center pursuant to a community residential~~	1406
~~sanction of not more than thirty days or pursuant to an OVI term~~	1407
~~of confinement, a combination of an OVI term of confinement and~~	1408
~~confinement for a violation of section 4510.14 of the Revised~~	1409
~~Code, or confinement for a municipal DUS offense of not more than~~	1410
~~sixty days.~~	1411

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

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

(4) ~~If a court sentences an eligible offender to a center~~	1432
~~under authority of division (H)(1) of this section, immediately~~	1433
~~after the sentence is imposed, the eligible offender shall be~~	1434
~~taken to the probation department that serves the court. The~~	1435
~~department shall handle any preliminary matters regarding the~~	1436
~~admission of the eligible offender to the center, including a~~	1437
~~determination as to whether the eligible offender may be admitted~~	1438
~~to the center under the criteria included in the rules adopted~~	1439
~~under division (G) of this section that define which offenders are~~	1440
~~eligible to be sentenced and admitted to the center. If the~~	1441
~~eligible offender is accepted for admission to the center, the~~	1442
~~department shall schedule the eligible offender for the admission~~	1443
~~and shall provide for the transportation of the offender to the~~	1444
~~center. If an eligible offender who is sentenced to the center~~	1445
~~under a community residential sanction is not accepted for~~	1446
~~admission to the center for any reason, the nonacceptance shall be~~	1447
~~considered a violation of a condition of the community residential~~	1448
~~sanction, the eligible offender shall be taken before the court~~	1449
~~that imposed the sentence, and the court may proceed as specified~~	1450
~~in division (C)(2) of section 2929.25 of the Revised Code based on~~	1451
~~the violation or as provided by ordinance of the municipal~~	1452
~~corporation based on the violation, whichever is applicable. If an~~	1453
~~eligible offender who is sentenced to the center under an OVI term~~	1454
~~of confinement is not accepted for admission to the center for any~~	1455
~~reason, the eligible offender shall be taken before the court that~~	1456
~~imposed the sentence, and the court shall determine the place at~~	1457
~~which the offender is to serve the term of confinement.~~ If ~~the~~an	1458
eligible offender a court sentences to the center is admitted to	1459
the center, all of the following apply:	1460

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1918

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

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

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

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

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

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

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

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

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

(i) The age of the person;

1965

(ii) The nature of the case;

1966

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

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

1969

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

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

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

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

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

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

(b) Explains what sealing a record means;

2001

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

(d) Explains what expunging a record means.

2005

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

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

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

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

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

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

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

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

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

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

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

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

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

2067

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

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

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

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

2074

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

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

(1) By the court;

2101

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

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

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

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

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

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

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

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

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

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

2175

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

2176

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

2177

(B) In addition to the places listed in division (A) of this	2178
section, a child alleged to be or adjudicated a delinquent child	2179
or a person described in division (C)(7) of section 2152.02 of the	2180
Revised Code may be held in a detention facility for delinquent	2181
children that is under the direction or supervision of the court	2182
or other public authority or of a private agency and approved by	2183
the court, and a child adjudicated a delinquent child may be held	2184
in accordance with division (F)(2) of this section in a facility	2185
of a type specified in that division. ~~Division (B) of this section~~	2186
This division does not apply to a child alleged to be or	2187
adjudicated a delinquent child for chronic truancy, unless the	2188
child violated a lawful court order made pursuant to division	2189
(A)(6) of section 2152.19 of the Revised Code. ~~Division (B) of~~	2190
~~this section~~This division also does not apply to a child alleged	2191
to be or adjudicated a delinquent child for being an habitual	2192
truant who previously has been adjudicated an unruly child for	2193
being an habitual truant, unless the child violated a lawful court	2194
order made pursuant to division (C)(1)(e) of section 2151.354 of	2195
the Revised Code.	2196

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

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

(b) A secure correctional facility.

2205

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

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

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

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

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

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

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

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

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

(4)(a) Any person whose case is transferred for criminal	2271
prosecution pursuant to section ~~2151.10~~2152.10 or 2152.12 of the	2272
Revised Code or any person who has attained the age of eighteen	2273
years but has not attained the age of twenty-one years and who is	2274
being held in a place specified in division (B) of this section	2275
may be held under that disposition or charge in places other than	2276
those specified in division (B) of this section, including a	2277
county, multicounty, or municipal jail or workhouse, or other	2278
place where an adult under arrest or charged with crime is held if	2279
the juvenile court, upon its own motion or upon motion by the	2280
prosecutor and after notice and hearing, establishes by a	2281
preponderance of the evidence and makes written findings of either	2282
of the following:	2283

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

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

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

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

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

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

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

(i) The age of the person;

2319

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

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

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

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

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

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

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

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

~~(e)~~(f) Any person transferred under division (F)(4)(a) of	2365
this section to a place other than those specified in division (B)	2366
of this section shall be confined in a manner that keeps the	2367
person beyond sight and sound of all adult detainees. The person	2368
shall be supervised at all times during the detention.	2369

(G)(1) If a person who is alleged to be or has been	2370
adjudicated a delinquent child or who is in any other category of	2371
persons identified in this section or section 2151.311 of the	2372
Revised Code is confined under authority of any Revised Code	2373
section in a place other than a place specified in division (B) of	2374
this section, including a county, multicounty, or municipal jail	2375
or workhouse, or other place where an adult under arrest or	2376
charged with crime is held, subject to division (G)(2) of this	2377
section, all identifying information, other than the person's	2378
county of residence, age, gender, and race and the charges against	2379
the person, that relates to the person's admission to and	2380
confinement in that place is not a public record open for	2381
inspection or copying under section 149.43 of the Revised Code and	2382
is confidential and shall not be released to any person other than	2383
to a court, to a law enforcement agency for law enforcement	2384
purposes, or to a person specified by court order.	2385

(2) Division (G)(1) of this section does not apply with	2386
respect to a person whose case is transferred for criminal	2387
prosecution pursuant to section 2152.10 or 2152.12 of the Revised	2388
Code, who is convicted of or pleads guilty to an offense in that	2389
case, who is confined after that conviction or guilty plea in a	2390
place other than a place specified in division (B) of this	2391
section, and to whom one of the following applies:	2392

(a) The case was transferred other than pursuant to division	2393
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2394
Code.	2395

(b) The case was transferred pursuant to division	2396
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2397
Code, and the person is sentenced for the offense pursuant to	2398
division (B)(4) of section 2152.121 of the Revised Code.	2399

(c) The case was transferred pursuant to division	2400
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised	2401
Code, the person is sentenced for the offense pursuant to division	2402
(B)(3) of section 2152.121 of the Revised Code by the court in	2403
which the person was convicted of or pleaded guilty to the	2404
offense, and the sentence imposed by that court is invoked	2405
pursuant to division (B)(3)(b) of section 2152.121 of the Revised	2406
Code.	2407

Sec. 2907.27. (A)(1) If a person is charged with a violation	2408
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	2409
2907.25 of the Revised Code or with a violation of a municipal	2410
ordinance that is substantially equivalent to any of those	2411
sections, the arresting authorities or a court, upon the request	2412
of the prosecutor in the case or upon the request of the victim,	2413
shall cause the accused to submit to one or more appropriate tests	2414
to determine if the accused is suffering from a venereal disease.	2415
~~The court, upon the request of the prosecutor in the case or upon~~	2416
~~the request of the victim shall cause the accused to submit to one~~	2417
~~or more appropriate tests to determine if the accused is suffering~~	2418
~~from the human immunodeficiency virus (HIV) within forty-eight~~	2419
~~hours after the date on which the complaint, information, or~~	2420
~~indictment is filed or within forty-eight hours after the date on~~	2421
~~which the complaint, information, or indictment is served on the~~	2422
~~accused, whichever date is later. Nothing in this section shall be~~	2423
~~construed to prevent the court from ordering at any time during~~	2424
~~which the complaint, information, or indictment is pending, that~~	2425
~~the accused submit to one or more appropriate tests to determine~~	2426
~~if the accused is suffering from a venereal disease or from the~~	2427
~~human immunodeficiency virus (HIV).~~	2428

(2) If the accused is found to be suffering from a venereal	2429
disease in an infectious stage, the accused shall be required to	2430
submit to medical treatment for that disease. The cost of the	2431
medical treatment shall be charged to and paid by the accused who	2432
undergoes the treatment. If the accused is indigent, the court	2433
shall order the accused to report to a facility operated by a city	2434
health district or a general health district for treatment. If the	2435
accused is convicted of or pleads guilty to the offense with which	2436
the accused is charged and is placed under a community control	2437
sanction, a condition of community control shall be that the	2438
offender submit to and faithfully follow a course of medical	2439
treatment for the venereal disease. If the offender does not seek	2440
the required medical treatment, the court may revoke the	2441
offender's community control and order the offender to undergo	2442
medical treatment during the period of the offender's	2443
incarceration and to pay the cost of that treatment.	2444

(B)(1)(a) If a person is charged with a violation of division	2445
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	2446
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	2447
Code or, with a violation of a municipal ordinance that is	2448
substantially equivalent to that division or any of those	2449
sections, or with a violation of a statute or municipal ordinance	2450
in which by force or threat of force the accused compelled the	2451
victim to engage in sexual activity, the court, upon the request	2452
of the prosecutor in the case, upon the request of the victim, or	2453
upon the request of any other person whom the court reasonably	2454
believes had contact with the accused in circumstances related to	2455
the violation that could have resulted in the transmission to that	2456
person of the human immunodeficiency virus, shall cause the	2457
accused to submit to one or more tests designated by the director	2458
of health under section 3701.241 of the Revised Code to determine	2459
if the accused is infected with HIV. The court shall cause the	2460
accused to submit to the test or tests within forty-eight hours	2461
after the indictment, information, or complaint is presented. The	2462
court shall order follow-up tests for HIV as may be medically	2463
appropriate.	2464

(b) The court, upon the request of the prosecutor in the	2465
case, upon the request of the victim with the agreement of the	2466
prosecutor, or upon the request of any other person with the	2467
agreement of the prosecutor, may cause an accused who is charged	2468
with a violation of any ~~other~~division or section of the Revised	2469
Code or ~~with a violation of~~ any ~~other~~ municipal ordinance not	2470
described in division (B)(1)(a) of this section to submit to one	2471
or more tests so designated by the director of health if the	2472
circumstances of the violation indicate probable cause to believe	2473
that the accused, if the accused is infected with HIV, might have	2474
transmitted HIV to any of the following persons in committing the	2475
violation:	2476

(i) In relation to a request made by the prosecuting	2477
attorney, to the victim or to any other person;	2478

(ii) In relation to a request made by the victim, to the	2479
victim making the request;	2480

(iii) In relation to a request made by any other person, to	2481
the person making the request.	2482

~~(b)~~(c) The results of a test conducted under division	2483
(B)(1)(a) of this section shall be provided as soon as practicable	2484
to the victim, or the parent or guardian of the victim, and the	2485
accused. The results of any follow-up test conducted under that	2486
division also shall be provided as soon as practicable to the	2487
victim, or the parent or guardian of the victim, and the accused.	2488
The results of a test performed under division (B)(1)~~(a)~~(b) of	2489
this section shall be communicated in confidence to the court,	2490
~~and~~ the court shall inform the accused of the result~~. The~~, and the	2491
court shall inform the victim that the test was performed and that	2492
the victim has a right to receive the results on request. If	2493
Additionally, for a test under either division (B)(1)(a) or (b) of	2494
this section, all of the following apply:	2495

(i) If the test was performed upon the request of a person	2496
other than the prosecutor in the case and other than the victim,	2497
the court shall inform the person who made the request that the	2498
test was performed and that the person has a right to receive the	2499
results upon request. ~~Additionally, regardless~~	2500

(ii) Regardless of who made the request that was the basis of	2501
the test being performed, if the court reasonably believes that,	2502
in circumstances related to the violation, a person other than the	2503
victim had contact with the accused that could have resulted in	2504
the transmission of HIV to that person, the court may inform that	2505
person that the test was performed and that the person has a right	2506
to receive the results of the test on request. If	2507

(iii) If the accused tests positive for HIV, the test results	2508
shall be reported to the department of health in accordance with	2509
section 3701.24 of the Revised Code and to the sheriff, head of	2510
the state correctional institution, or other person in charge of	2511
any jail or prison in which the accused is incarcerated. If	2512

(iv) If the accused tests positive for HIV and the accused	2513
was charged with, and was convicted of or pleaded guilty to, a	2514
violation of section 2907.24, 2907.241, or 2907.25 of the Revised	2515
Code or a violation of a municipal ordinance that is substantially	2516
equivalent to any of those sections, the test results also shall	2517
be reported to the law enforcement agency that arrested the	2518
accused, and the law enforcement agency may use the test results	2519
as the basis for any future charge of a violation of division (B)	2520
of any of those sections or a violation of a municipal ordinance	2521
that is substantially equivalent to division (B) of any of those	2522
sections. ~~No other~~	2523

(v) Except as otherwise provided in the first paragraph in	2524
division (B)(1)(c) of this section or in division (B)(1)(c)(i),	2525
(ii), (iii), or (iv) of this section, no disclosure of the test	2526
results or the fact that a test was performed shall be made, other	2527
than as evidence in a grand jury proceeding or as evidence in a	2528
judicial proceeding in accordance with the Rules of Evidence. If	2529

(vi) If the test result is negative, and the charge has not	2530
been dismissed or if the accused has been convicted of the charge	2531
or a different offense arising out of the same circumstances as	2532
the offense charged, the court shall order that the test be	2533
repeated not earlier than three months nor later than six months	2534
after the original test.	2535

(2) If an accused who is free on bond refuses to submit to a	2536
test ordered by the court pursuant to division (B)(1) of this	2537
section, the court may order that the accused's bond be revoked	2538
and that the accused be incarcerated until the test is performed.	2539
If an accused who is incarcerated refuses to submit to a test	2540
ordered by the court pursuant to division (B)(1) of this section,	2541
the court shall order the person in charge of the jail or prison	2542
in which the accused is incarcerated to take any action necessary	2543
to facilitate the performance of the test, including the forcible	2544
restraint of the accused for the purpose of drawing blood to be	2545
used in the test.	2546

(3) A state agency, a political subdivision of the state, or	2547
an employee of a state agency or of a political subdivision of the	2548
state is immune from liability in a civil action to recover	2549
damages for injury, death, or loss to person or property allegedly	2550
caused by any act or omission in connection with the performance	2551
of the duties required under division (B)(2) of this section	2552
unless the acts or omissions are with malicious purpose, in bad	2553
faith, or in a wanton or reckless manner.	2554

(C) Nothing in this section shall be construed to prevent a	2555
court in which a person is charged with any offense specified in	2556
division (A)(1) or (B)(1)(a) of this section from ordering at any	2557
time during which the complaint, information, or indictment is	2558
pending, that the accused submit to one or more appropriate tests	2559
to determine if the accused is suffering from a venereal disease	2560
or from HIV.	2561

(D) As used in this section:

2562

(1) "Community control sanction" has the same meaning as in	2563
section 2929.01 of the Revised Code.	2564

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

2565

Sec. 2907.28. (A) Any cost incurred by a hospital or	2566
emergency medical facility in conducting a medical examination of	2567
a victim of an offense under any provision of sections 2907.02 to	2568
2907.06 of the Revised Code for the purpose of gathering physical	2569
evidence for a possible prosecution, including the cost of any	2570
antibiotics administered as part of the examination, shall be paid	2571
out of the reparations fund established pursuant to section	2572
2743.191 of the Revised Code, subject to the following conditions:	2573

(1) The hospital or emergency facility shall follow a	2574
protocol for conducting such medical examinations that is	2575
identified by the attorney general in rule adopted in accordance	2576
with Chapter 119. of the Revised Code.	2577

(2) The hospital or emergency facility shall submit requests	2578
for payment to the attorney general on a monthly basis, through a	2579
procedure determined by the attorney general and on forms approved	2580
by the attorney general. The requests shall identify the number of	2581
sexual assault examinations performed and shall verify that all	2582
required protocols were met for each examination form submitted	2583
for payment in the request.	2584

(3) The attorney general shall review all requests for	2585
payment that are submitted under division (A)(2) of this section	2586
and shall submit for payment as described in division (A)(5) of	2587
this section all requests that meet the requirements of this	2588
section.	2589

(4) The hospital or emergency facility shall accept a flat	2590
fee payment for conducting each examination in the amount	2591
determined by the attorney general pursuant to Chapter 119. of the	2592
Revised Code as payment in full for any cost incurred in	2593
conducting a medical examination and test of a victim of an	2594
offense under any provision of sections 2907.02 to 2907.06 of the	2595
Revised Code for the purpose of gathering physical evidence for a	2596
possible prosecution of a person. The attorney general shall	2597
determine a flat fee payment amount to be paid under this division	2598
that is reasonable.	2599

(5) In approving a payment under this section, the attorney	2600
general shall order the payment against the state. The payment	2601
shall be accomplished only through the following procedure, and	2602
the procedure may be enforced through a mandamus action and a writ	2603
of mandamus directed to the appropriate official:	2604

(a) The attorney general shall provide for payment in the	2605
amount set forth in the order.	2606

(b) The expense of the payment of the amount described in	2607
this section shall be charged against all available unencumbered	2608
moneys in the reparations fund.	2609

(B) No costs incurred by a hospital or emergency facility in	2610
conducting a medical examination and test of any victim of an	2611
offense under any provision of sections 2907.02 to 2907.06 of the	2612
Revised Code for the purpose of gathering physical evidence for a	2613
possible prosecution of a person shall be billed or charged	2614
directly or indirectly to the victim or the victim's insurer.	2615

(C) Any cost incurred by a hospital or emergency medical	2616
facility in conducting a medical examination and test of any	2617
person who is charged with a violation of division (B) of section	2618
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12,	2619
2907.24, 2907.241, or 2907.25 of the Revised Code or, with a	2620
violation of a municipal ordinance that is substantially	2621
equivalent to that division or any of those sections, or with a	2622
violation of a statute or municipal ordinance under which by force	2623
or threat of force the accused compelled the victim to engage in	2624
sexual activity, pursuant to division (B) of section 2907.27 of	2625
the Revised Code, shall be charged to and paid by the accused who	2626
undergoes the examination and test, unless the court determines	2627
that the accused is unable to pay, in which case the cost shall be	2628
charged to and paid by the municipal corporation in which the	2629
offense allegedly was committed, or charged to and paid by the	2630
county if the offense allegedly was committed within an	2631
unincorporated area. If separate counts of an alleged offense or	2632
alleged separate offenses under division (B) of section 2903.11 or	2633
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	2634
2907.241, or 2907.25 of the Revised Code or, under a municipal	2635
ordinance that is substantially equivalent to that division or any	2636
of those sections, or under a statute or municipal ordinance in	2637
violation of which by force or threat of force the accused	2638
compelled the victim to engage in sexual activity took place in	2639
more than one municipal corporation or more than one	2640
unincorporated area, or both, the local governments shall share	2641
the cost of the examination and test. If a hospital or other	2642
emergency medical facility has submitted charges for the cost of a	2643
medical examination and test to an accused and has been unable to	2644
collect payment for the charges after making good faith attempts	2645
to collect for a period of six months or more, the cost shall be	2646
charged to and paid by the appropriate municipal corporation or	2647
county as specified in division (C) of this section.	2648

Sec. 2929.12. (A) Unless otherwise required by section	2649
2929.13 or 2929.14 of the Revised Code, a court that imposes a	2650
sentence under this chapter upon an offender for a felony has	2651
discretion to determine the most effective way to comply with the	2652
purposes and principles of sentencing set forth in section 2929.11	2653
of the Revised Code. In exercising that discretion, the court	2654
shall consider the factors set forth in divisions (B) and (C) of	2655
this section relating to the seriousness of the conduct, the	2656
factors provided in divisions (D) and (E) of this section relating	2657
to the likelihood of the offender's recidivism, and the factors	2658
set forth in division (F) of this section pertaining to the	2659
offender's service in the armed forces of the United States and,	2660
in addition, may consider any other factors that are relevant to	2661
achieving those purposes and principles of sentencing.	2662

(B) The sentencing court shall consider all of the following	2663
that apply regarding the offender, the offense, or the victim, and	2664
any other relevant factors, as indicating that the offender's	2665
conduct is more serious than conduct normally constituting the	2666
offense:	2667

(1) The physical or mental injury suffered by the victim of	2668
the offense due to the conduct of the offender was exacerbated	2669
because of the physical or mental condition or age of the victim.	2670

(2) The victim of the offense suffered serious physical,	2671
psychological, or economic harm as a result of the offense.	2672

(3) The offender held a public office or position of trust in	2673
the community, and the offense related to that office or position.	2674

(4) The offender's occupation, elected office, or profession	2675
obliged the offender to prevent the offense or bring others	2676
committing it to justice.	2677

(5) The offender's professional reputation or occupation,	2678
elected office, or profession was used to facilitate the offense	2679
or is likely to influence the future conduct of others.	2680

(6) The offender's relationship with the victim facilitated	2681
the offense.	2682

(7) The offender committed the offense for hire or as a part	2683
of an organized criminal activity.	2684

(8) In committing the offense, the offender was motivated by	2685
prejudice based on race, ethnic background, gender, sexual	2686
orientation, or religion.	2687

(9) If the offense is a violation of section 2919.25 or a	2688
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	2689
Code involving a person who was a family or household member at	2690
the time of the violation, the offender committed the offense in	2691
the vicinity of one or more children who are not victims of the	2692
offense, and the offender or the victim of the offense is a	2693
parent, guardian, custodian, or person in loco parentis of one or	2694
more of those children.	2695

(C) The sentencing court shall consider all of the following	2696
that apply regarding the offender, the offense, or the victim, and	2697
any other relevant factors, as indicating that the offender's	2698
conduct is less serious than conduct normally constituting the	2699
offense:	2700

(1) The victim induced or facilitated the offense.

2701

(2) In committing the offense, the offender acted under	2702
strong provocation.	2703

(3) In committing the offense, the offender did not cause or	2704
expect to cause physical harm to any person or property.	2705

(4) There are substantial grounds to mitigate the offender's	2706
conduct, although the grounds are not enough to constitute a	2707
defense.	2708

(D) The sentencing court shall consider all of the following	2709
that apply regarding the offender, and any other relevant factors,	2710
as factors indicating that the offender is likely to commit future	2711
crimes:	2712

(1) At the time of committing the offense, the offender was	2713
under release from confinement before trial or sentencing,; was	2714
under a sanction imposed pursuant to section 2929.16, 2929.17, or	2715
2929.18 of the Revised Code~~, or~~; was under post-release control	2716
pursuant to section 2967.28 or any other provision of the Revised	2717
Code for an earlier offense or had been unfavorably terminated	2718
from post-release control for a prior offense pursuant to division	2719
(B) of section 2967.16 or section 2929.141 of the Revised Code;	2720
was under transitional control in connection with a prior offense;	2721
or had absconded from the offender's approved community placement	2722
resulting in the offender's removal from the transitional control	2723
program under section 2967.26 of the Revised Code.	2724

(2) The offender previously was adjudicated a delinquent	2725
child pursuant to Chapter 2151. of the Revised Code prior to	2726
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code,	2727
or the offender has a history of criminal convictions.	2728

(3) The offender has not been rehabilitated to a satisfactory	2729
degree after previously being adjudicated a delinquent child	2730
pursuant to Chapter 2151. of the Revised Code prior to January 1,	2731
2002, or pursuant to Chapter 2152. of the Revised Code, or the	2732
offender has not responded favorably to sanctions previously	2733
imposed for criminal convictions.	2734

(4) The offender has demonstrated a pattern of drug or	2735
alcohol abuse that is related to the offense, and the offender	2736
refuses to acknowledge that the offender has demonstrated that	2737
pattern, or the offender refuses treatment for the drug or alcohol	2738
abuse.	2739

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

2740

(E) The sentencing court shall consider all of the following	2741
that apply regarding the offender, and any other relevant factors,	2742
as factors indicating that the offender is not likely to commit	2743
future crimes:	2744

(1) Prior to committing the offense, the offender had not	2745
been adjudicated a delinquent child.	2746

(2) Prior to committing the offense, the offender had not	2747
been convicted of or pleaded guilty to a criminal offense.	2748

(3) Prior to committing the offense, the offender had led a	2749
law-abiding life for a significant number of years.	2750

(4) The offense was committed under circumstances not likely	2751
to recur.	2752

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

2753

(F) The sentencing court shall consider the offender's	2754
military service record and whether the offender has an emotional,	2755
mental, or physical condition that is traceable to the offender's	2756
service in the armed forces of the United States and that was a	2757
contributing factor in the offender's commission of the offense or	2758
offenses.	2759

Sec. 2929.141. (A) Upon the conviction of or plea of guilty	2760
to a felony by a person on post-release control at the time of the	2761
commission of the felony, the court may terminate the term of	2762
post-release control, and the court may do either of the following	2763
regardless of whether the sentencing court or another court of	2764
this state imposed the original prison term for which the person	2765
is on post-release control:	2766

(1) In addition to any prison term for the new felony, impose	2767
a prison term for the post-release control violation. The maximum	2768
prison term for the violation shall be the greater of twelve	2769
months or the period of post-release control for the earlier	2770
felony minus any time the person has spent under post-release	2771
control for the earlier felony. In all cases, any prison term	2772
imposed for the violation shall be reduced by any prison term that	2773
is administratively imposed by the parole board as a post-release	2774
control sanction. A prison term imposed for the violation shall be	2775
served consecutively to any prison term imposed for the new	2776
felony. The imposition of a prison term for the post-release	2777
control violation shall terminate the period of post-release	2778
control for the earlier felony.	2779

(2) Impose a sanction under sections 2929.15 to 2929.18 of	2780
the Revised Code for the violation that shall be served	2781
concurrently or consecutively, as specified by the court, with any	2782
community control sanctions for the new felony.	2783

(B) Upon the conviction of or plea of guilty to a felony by a	2784
person on transitional control under section 2967.26 of the	2785
Revised Code at the time of the commission of the felony, the	2786
court may, in addition to any prison term for the new felony,	2787
impose a prison term not exceeding twelve months for having	2788
committed the felony while on transitional control. An additional	2789
prison term imposed pursuant to this section shall be served	2790
consecutively to any prison term imposed for the new felony. The	2791
sentencing court may impose the additional prison term authorized	2792
by this section regardless of whether the sentencing court or	2793
another court of this state imposed the original prison term for	2794
which the person is on transitional control.	2795

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

2796

(1)(a) Except as provided in division (A)(1)(b) of this	2797
section, "eligible offender" means any person who, on or after	2798
April 7, 2009, is serving a stated prison term that includes one	2799
or more nonmandatory prison terms.	2800

(b) "Eligible offender" does not include any person who, on	2801
or after April 7, 2009, is serving a stated prison term for any of	2802
the following criminal offenses that was a felony and was	2803
committed while the person held a public office in this state:	2804

(i) A violation of section 2921.02, 2921.03, 2921.05,	2805
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	2806
Code;	2807

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	2808
2921.12 of the Revised Code, when the conduct constituting the	2809
violation was related to the duties of the offender's public	2810
office or to the offender's actions as a public official holding	2811
that public office;	2812

(iii) A violation of an existing or former municipal	2813
ordinance or law of this or any other state or the United States	2814
that is substantially equivalent to any violation listed in	2815
division (A)(1)(b)(i) of this section;	2816

(iv) A violation of an existing or former municipal ordinance	2817
or law of this or any other state or the United States that is	2818
substantially equivalent to any violation listed in division	2819
(A)(1)(b)(ii) of this section, when the conduct constituting the	2820
violation was related to the duties of the offender's public	2821
office or to the offender's actions as a public official holding	2822
that public office;	2823

(v) A conspiracy to commit, attempt to commit, or complicity	2824
in committing any offense listed in division (A)(1)(b)(i) or	2825
described in division (A)(1)(b)(iii) of this section;	2826

(vi) A conspiracy to commit, attempt to commit, or complicity	2827
in committing any offense listed in division (A)(1)(b)(ii) or	2828
described in division (A)(1)(b)(iv) of this section, if the	2829
conduct constituting the offense that was the subject of the	2830
conspiracy, that would have constituted the offense attempted, or	2831
constituting the offense in which the offender was complicit was	2832
or would have been related to the duties of the offender's public	2833
office or to the offender's actions as a public official holding	2834
that public office.	2835

(2) "Nonmandatory prison term" means a prison term that is	2836
not a mandatory prison term.	2837

(3) "Public office" means any elected federal, state, or	2838
local government office in this state.	2839

(4) "Victim's representative" has the same meaning as in	2840
section 2930.01 of the Revised Code.	2841

(B) On the motion of an eligible offender or upon its own	2842
motion, the sentencing court may reduce the eligible offender's	2843
aggregated nonmandatory prison term or terms through a judicial	2844
release under this section.	2845

(C) An eligible offender may file a motion for judicial	2846
release with the sentencing court within the following applicable	2847
periods:	2848

(1) If the aggregated nonmandatory prison term or terms is	2849
less than two years, the eligible offender may file the motion not	2850
earlier than thirty days after the offender is delivered to a	2851
state correctional institution or, if the prison term includes a	2852
mandatory prison term or terms, not earlier than thirty days after	2853
the expiration of all mandatory prison terms.	2854

(2) If the aggregated nonmandatory prison term or terms is at	2855
least two years but less than five years, the eligible offender	2856
may file the motion not earlier than one hundred eighty days after	2857
the offender is delivered to a state correctional institution or,	2858
if the prison term includes a mandatory prison term or terms, not	2859
earlier than one hundred eighty days after the expiration of all	2860
mandatory prison terms.	2861

(3) If the aggregated nonmandatory prison term or terms is	2862
five years, the eligible offender may file the motion not earlier	2863
than four years after the eligible offender is delivered to a	2864
state correctional institution or, if the prison term includes a	2865
mandatory prison term or terms, not earlier than four years after	2866
the expiration of all mandatory prison terms.	2867

(4) If the aggregated nonmandatory prison term or terms is	2868
more than five years but not more than ten years, the eligible	2869
offender may file the motion not earlier than five years after the	2870
eligible offender is delivered to a state correctional institution	2871
or, if the prison term includes a mandatory prison term or terms,	2872
not earlier than five years after the expiration of all mandatory	2873
prison terms.	2874

(5) If the aggregated nonmandatory prison term or terms is	2875
more than ten years, the eligible offender may file the motion not	2876
earlier than the later of the date on which the offender has	2877
served one-half of the offender's stated prison term or the date	2878
specified in division (C)(4) of this section.	2879

(D) Upon receipt of a timely motion for judicial release	2880
filed by an eligible offender under division (C) of this section	2881
or upon the sentencing court's own motion made within the	2882
appropriate time specified in that division, the court may deny	2883
the motion without a hearing or schedule a hearing on the motion.	2884
The court shall not grant the motion without a hearing. If a court	2885
denies a motion without a hearing, the court later may consider	2886
judicial release for that eligible offender on a subsequent motion	2887
filed by that eligible offender unless the court denies the motion	2888
with prejudice. If a court denies a motion with prejudice, the	2889
court may later consider judicial release on its own motion. If a	2890
court denies a motion after a hearing, the court shall not	2891
consider a subsequent motion for that eligible offender. The court	2892
shall hold only one hearing for any eligible offender.	2893

A hearing under this section shall be conducted in open court	2894
not less than thirty or more than sixty days after the motion is	2895
filed, provided that the court may delay the hearing for one	2896
hundred eighty additional days. If the court holds a hearing, the	2897
court shall enter a ruling on the motion within ten days after the	2898
hearing. If the court denies the motion without a hearing, the	2899
court shall enter its ruling on the motion within sixty days after	2900
the motion is filed.	2901

(E) If a court schedules a hearing under division (D) of this	2902
section, the court shall notify the eligible offender and the head	2903
of the state correctional institution in which the eligible	2904
offender is confined prior to the hearing. The head of the state	2905
correctional institution immediately shall notify the appropriate	2906
person at the department of rehabilitation and correction of the	2907
hearing, and the department within twenty-four hours after receipt	2908
of the notice, shall post on the database it maintains pursuant to	2909
section 5120.66 of the Revised Code the offender's name and all of	2910
the information specified in division (A)(1)(c)(i) of that	2911
section. If the court schedules a hearing for judicial release,	2912
the court promptly shall give notice of the hearing to the	2913
prosecuting attorney of the county in which the eligible offender	2914
was indicted. Upon receipt of the notice from the court, the	2915
prosecuting attorney shall do whichever of the following is	2916
applicable:	2917

(1) Subject to division (E)(2) of this section, notify the	2918
victim of the offense or the victim's representative pursuant to	2919
division (B) of section 2930.16 of the Revised Code;	2920

(2) If the offense was an offense of violence that is a	2921
felony of the first, second, or third degree, except as otherwise	2922
provided in this division, notify the victim or the victim's	2923
representative of the hearing regardless of whether the victim or	2924
victim's representative has requested the notification. The notice	2925
of the hearing shall not be given under this division to a victim	2926
or victim's representative if the victim or victim's	2927
representative has requested pursuant to division (B)(2) of	2928
section 2930.03 of the Revised Code that the victim or the	2929
victim's representative not be provided the notice. If notice is	2930
to be provided to a victim or victim's representative under this	2931
division, the prosecuting attorney may give the notice by any	2932
reasonable means, including regular mail, telephone, and	2933
electronic mail, in accordance with division (D)(1) of section	2934
2930.16 of the Revised Code. If the notice is based on an offense	2935
committed prior to ~~the effective date of this amendment~~March 22,	2936
2013, the notice also shall include the opt-out information	2937
described in division (D)(1) of section 2930.16 of the Revised	2938
Code. The prosecuting attorney, in accordance with division (D)(2)	2939
of section 2930.16 of the Revised Code, shall keep a record of all	2940
attempts to provide the notice, and of all notices provided, under	2941
this division. Division (E)(2) of this section, and the	2942
notice-related provisions of division (K) of this section,	2943
division (D)(1) of section 2930.16, division (H) of section	2944
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	2945
of section 2967.26, division (D)(1) of section 2967.28, and	2946
division (A)(2) of section 5149.101 of the Revised Code enacted in	2947
the act in which division (E)(2) of this section was enacted,	2948
shall be known as "Roberta's Law."	2949

(F) Upon an offender's successful completion of	2950
rehabilitative activities, the head of the state correctional	2951
institution may notify the sentencing court of the successful	2952
completion of the activities.	2953

(G) Prior to the date of the hearing on a motion for judicial	2954
release under this section, the head of the state correctional	2955
institution in which the eligible offender is confined shall send	2956
to the court an institutional summary report on the eligible	2957
offender's conduct in the institution and in any institution from	2958
which the eligible offender may have been transferred. Upon the	2959
request of the prosecuting attorney of the county in which the	2960
eligible offender was indicted or of any law enforcement agency,	2961
the head of the state correctional institution, at the same time	2962
the person sends the institutional summary report to the court,	2963
also shall send a copy of the report to the requesting prosecuting	2964
attorney and law enforcement agencies. The institutional summary	2965
report shall cover the eligible offender's participation in	2966
school, vocational training, work, treatment, and other	2967
rehabilitative activities and any disciplinary action taken	2968
against the eligible offender. The report shall be made part of	2969
the record of the hearing. A presentence investigation report is	2970
not required for judicial release.	2971

(H) If the court grants a hearing on a motion for judicial	2972
release under this section, the eligible offender shall attend the	2973
hearing if ordered to do so by the court. Upon receipt of a copy	2974
of the journal entry containing the order, the head of the state	2975
correctional institution in which the eligible offender is	2976
incarcerated shall deliver the eligible offender to the sheriff of	2977
the county in which the hearing is to be held. The sheriff shall	2978
convey the eligible offender to and from the hearing.	2979

(I) At the hearing on a motion for judicial release under	2980
this section, the court shall afford the eligible offender and the	2981
eligible offender's attorney an opportunity to present written	2982
and, if present, oral information relevant to the motion. The	2983
court shall afford a similar opportunity to the prosecuting	2984
attorney, the victim or the victim's representative, and any other	2985
person the court determines is likely to present additional	2986
relevant information. The court shall consider any statement of a	2987
victim made pursuant to section 2930.14 or 2930.17 of the Revised	2988
Code, any victim impact statement prepared pursuant to section	2989
2947.051 of the Revised Code, and any report made under division	2990
(G) of this section. The court may consider any written statement	2991
of any person submitted to the court pursuant to division (L) of	2992
this section. After ruling on the motion, the court shall notify	2993
the victim of the ruling in accordance with sections 2930.03 and	2994
2930.16 of the Revised Code.	2995

(J)(1) A court shall not grant a judicial release under this	2996
section to an eligible offender who is imprisoned for a felony of	2997
the first or second degree, or to an eligible offender who	2998
committed an offense under Chapter 2925. or 3719. of the Revised	2999
Code and for whom there was a presumption under section 2929.13 of	3000
the Revised Code in favor of a prison term, unless the court, with	3001
reference to factors under section 2929.12 of the Revised Code,	3002
finds both of the following:	3003

(a) That a sanction other than a prison term would adequately	3004
punish the offender and protect the public from future criminal	3005
violations by the eligible offender because the applicable factors	3006
indicating a lesser likelihood of recidivism outweigh the	3007
applicable factors indicating a greater likelihood of recidivism;	3008

(b) That a sanction other than a prison term would not demean	3009
the seriousness of the offense because factors indicating that the	3010
eligible offender's conduct in committing the offense was less	3011
serious than conduct normally constituting the offense outweigh	3012
factors indicating that the eligible offender's conduct was more	3013
serious than conduct normally constituting the offense.	3014

(2) A court that grants a judicial release to an eligible	3015
offender under division (J)(1) of this section shall specify on	3016
the record both findings required in that division and also shall	3017
list all the factors described in that division that were	3018
presented at the hearing.	3019

(K) If the court grants a motion for judicial release under	3020
this section, the court shall order the release of the eligible	3021
offender, shall place the eligible offender under an appropriate	3022
community control sanction, under appropriate conditions, and	3023
under the supervision of the department of probation serving the	3024
court and shall reserve the right to reimpose the sentence that it	3025
reduced if the offender violates the sanction. If the court	3026
reimposes the reduced sentence, it may do so either concurrently	3027
with, or consecutive to, any new sentence imposed upon the	3028
eligible offender as a result of the violation that is a new	3029
offense. The period of community control shall be no longer than	3030
five years. The court, in its discretion, may reduce the period of	3031
community control by the amount of time the eligible offender	3032
spent in jail or prison for the offense and in prison. If the	3033
court made any findings pursuant to division (J)(1) of this	3034
section, the court shall serve a copy of the findings upon counsel	3035
for the parties within fifteen days after the date on which the	3036
court grants the motion for judicial release.	3037

If the court grants a motion for judicial release, the court	3038
shall notify the appropriate person at the department of	3039
rehabilitation and correction, and the department shall post	3040
notice of the release on the database it maintains pursuant to	3041
section 5120.66 of the Revised Code. The court also shall notify	3042
the prosecuting attorney of the county in which the eligible	3043
offender was indicted that the motion has been granted. Unless the	3044
victim or the victim's representative has requested pursuant to	3045
division (B)(2) of section 2930.03 of the Revised Code that the	3046
victim or victim's representative not be provided the notice, the	3047
prosecuting attorney shall notify the victim or the victim's	3048
representative of the judicial release in any manner, and in	3049
accordance with the same procedures, pursuant to which the	3050
prosecuting attorney is authorized to provide notice of the	3051
hearing pursuant to division (E)(2) of this section. If the notice	3052
is based on an offense committed prior to ~~the effective date of~~	3053
~~this amendment~~March 22, 2013, the notice to the victim or	3054
victim's representative also shall include the opt-out information	3055
described in division (D)(1) of section 2930.16 of the Revised	3056
Code.	3057

(L) In addition to and independent of the right of a victim	3058
to make a statement pursuant to section 2930.14, 2930.17, or	3059
2946.051 of the Revised Code and any right of a person to present	3060
written information or make a statement pursuant to division (I)	3061
of this section, any person may submit to the court, at any time	3062
prior to the hearing on the offender's motion for judicial	3063
release, a written statement concerning the effects of the	3064
offender's crime or crimes, the circumstances surrounding the	3065
crime or crimes, the manner in which the crime or crimes were	3066
perpetrated, and the person's opinion as to whether the offender	3067
should be released.	3068

(M) The changes to this section that are made on September	3069
30, 2011, apply to any judicial release decision made on or after	3070
September 30, 2011, for any eligible offender.	3071

Sec. 2929.26. (A) Except when a mandatory jail term is	3072
required by law, the court imposing a sentence for a misdemeanor,	3073
other than a minor misdemeanor, may impose upon the offender any	3074
community residential sanction or combination of community	3075
residential sanctions under this section. Community residential	3076
sanctions include, but are not limited to, the following:	3077

(1) A term of up to one hundred eighty days in a halfway	3078
house or community-based correctional facility or a term in a	3079
halfway house or community-based correctional facility not to	3080
exceed the longest jail term available for the offense, whichever	3081
is shorter, if the political subdivision that would have	3082
responsibility for paying the costs of confining the offender in a	3083
jail has entered into a contract with the halfway house or	3084
community-based correctional facility for use of the facility for	3085
misdemeanor offenders;	3086

(2) If the offender is an eligible offender, as defined in	3087
section 307.932 of the Revised Code, a term ~~of up to sixty days~~ in	3088
a community alternative sentencing center or district community	3089
alternative sentencing center established and operated in	3090
accordance with that section, in the circumstances specified in	3091
that section, with one of the conditions of the sanction being	3092
that the offender successfully complete the portion of the	3093
sentence to be served in the center ~~the entire term imposed~~.	3094

(B) A sentence to a community residential sanction under	3095
division (A)~~(3)~~(2) of this section shall be in accordance with	3096
section 307.932 of the Revised Code. In all other cases, the court	3097
that sentences an offender to a community residential sanction	3098
under this section may do either or both of the following:	3099

(1) Permit the offender to serve the offender's sentence in	3100
intermittent confinement, overnight, on weekends or at any other	3101
time or times that will allow the offender to continue at the	3102
offender's occupation or care for the offender's family;	3103

(2) Authorize the offender to be released so that the	3104
offender may seek or maintain employment, receive education or	3105
training, receive treatment, perform community service, or	3106
otherwise fulfill an obligation imposed by law or by the court. A	3107
release pursuant to this division shall be only for the duration	3108
of time that is needed to fulfill the purpose of the release and	3109
for travel that reasonably is necessary to fulfill the purposes of	3110
the release.	3111

(C) The court may order that a reasonable portion of the	3112
income earned by the offender upon a release pursuant to division	3113
(B) of this section be applied to any financial sanction imposed	3114
under section 2929.28 of the Revised Code.	3115

(D) No court shall sentence any person to a prison term for a	3116
misdemeanor or minor misdemeanor or to a jail term for a minor	3117
misdemeanor.	3118

(E) If a court sentences a person who has been convicted of	3119
or pleaded guilty to a misdemeanor to a community residential	3120
sanction as described in division (A) of this section, at the time	3121
of reception and at other times the person in charge of the	3122
operation of the halfway house, community alternative sentencing	3123
center, district community alternative sentencing center, or other	3124
place at which the offender will serve the residential sanction	3125
determines to be appropriate, the person in charge of the	3126
operation of the halfway house, community alternative sentencing	3127
center, district community alternative sentencing center, or other	3128
place may cause the convicted offender to be examined and tested	3129
for tuberculosis, HIV infection, hepatitis, including, but not	3130
limited to, hepatitis A, B, and C, and other contagious diseases.	3131
The person in charge of the operation of the halfway house,	3132
community alternative sentencing center, district community	3133
alternative sentencing center, or other place at which the	3134
offender will serve the residential sanction may cause a convicted	3135
offender in the halfway house, community alternative sentencing	3136
center, district community alternative sentencing center, or other	3137
place who refuses to be tested or treated for tuberculosis, HIV	3138
infection, hepatitis, including, but not limited to, hepatitis A,	3139
B, and C, or another contagious disease to be tested and treated	3140
involuntarily.	3141

(F) A political subdivision may enter into a contract with a	3142
halfway house for use of the halfway house to house misdemeanor	3143
offenders under a sanction imposed under division (A)(1) of this	3144
section.	3145

Sec. 2947.09. (A) If a person is charged with an offense in	3146
a court of common pleas, including a juvenile court, and either	3147
fails to appear in court at the required time and place to answer	3148
the charge or pleads guilty to or is found guilty of the offense	3149
or is adjudicated a delinquent child or juvenile traffic offender	3150
based on the offense and fails within the time allowed by the	3151
court to pay any fine or costs imposed by the court, ~~unless the~~	3152
~~court previously has given written notice to the person, the court~~	3153
~~shall send the person a notice by ordinary mail at the person's~~	3154
~~last known address stating that there is a balance due, specifying~~	3155
~~the amount of the balance due, and directing the person to contact~~	3156
~~the court clerk's office within ten days of the date of the~~	3157
~~notice. The notice shall include the sentence: "WARNING: Failure~~	3158
~~to timely respond to this notice may result in the blocking of~~	3159
~~your motor vehicle registration or transfer of registration!" To~~	3160
~~avoid a block on the person's motor vehicle registration or~~	3161
~~transfer of registration, the person may enter into a written~~	3162
~~agreement with the court to pay the balance due in installments or~~	3163
~~to perform community service in lieu of payment. The agreement~~	3164
~~shall include the sentence: "WARNING: Failure to comply with the~~	3165
~~payment schedule or to complete your community service requirement~~	3166
~~may result in the blocking of your motor vehicle registration or~~	3167
~~transfer of registration!"~~	3168

~~If a person does not enter into an agreement under this~~	3169
~~division or if a person fails to comply with an agreement entered~~	3170
~~into under this division,~~ the court may enter information relative	3171
to the person's failure to pay any outstanding amount of the fine	3172
or costs on a form prescribed or approved by the registrar of	3173
motor vehicles pursuant to division (B) of this section and send	3174
the form to the registrar. Upon receipt of the form, the registrar	3175
shall take any measures necessary to ensure that neither the	3176
registrar nor any deputy registrar accepts any application for the	3177
registration or transfer of registration of any motor vehicle	3178
owned or leased by the person. However, for a motor vehicle leased	3179
by the person, the registrar shall not implement this requirement	3180
until the registrar adopts procedures for that implementation	3181
under section 4503.39 of the Revised Code.	3182

The period of denial relating to the issuance or transfer of	3183
a certificate of registration for a motor vehicle imposed under	3184
this section remains in effect until the person pays any fine or	3185
costs imposed by the court relative to the offense. When the fine	3186
or costs have been paid in full, the court shall inform the	3187
registrar of the payment by entering information relative to the	3188
payment on a notice of payment form prescribed or approved by the	3189
registrar pursuant to division (B) of this section and sending the	3190
form to the registrar.	3191

(B) The registrar shall prescribe and make available to	3192
courts of common pleas forms to be used for a notice to the	3193
registrar of failure to pay fines or costs and a notice to the	3194
registrar of payment of fines or costs under division (A) of this	3195
section. The registrar may approve the use of other forms for	3196
these purposes.	3197

The registrar may require that any of the forms prescribed or	3198
approved pursuant to this section be transmitted to the registrar	3199
electronically. If the registrar requires electronic transmission,	3200
the registrar shall not be required to give effect to any form	3201
that is not transmitted electronically.	3202

Sec. 2947.23. (A)(1)(a) In all criminal cases, including	3203
violations of ordinances, the judge or magistrate shall include in	3204
the sentence the costs of prosecution, including any costs under	3205
section 2947.231 of the Revised Code, and render a judgment	3206
against the defendant for such costs. If the judge or magistrate	3207
imposes a community control sanction or other nonresidential	3208
sanction, the judge or magistrate, when imposing the sanction,	3209
shall notify the defendant of both of the following:	3210

(i) If the defendant fails to pay that judgment or fails to	3211
timely make payments towards that judgment under a payment	3212
schedule approved by the court, the court may order the defendant	3213
to perform community service ~~in an amount of not more than forty~~	3214
~~hours per month~~ until the judgment is paid or until the court is	3215
satisfied that the defendant is in compliance with the approved	3216
payment schedule.	3217

(ii) If the court orders the defendant to perform the	3218
community service, the defendant will receive credit upon the	3219
judgment at the specified hourly credit rate per hour of community	3220
service performed, and each hour of community service performed	3221
will reduce the judgment by that amount.	3222

(b) The failure of a judge or magistrate to notify the	3223
defendant pursuant to division (A)(1)(a) of this section does not	3224
negate or limit the authority of the court to order the defendant	3225
to perform community service if the defendant fails to pay the	3226
judgment described in that division or to timely make payments	3227
toward that judgment under an approved payment plan.	3228

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

3229

(a) If a jury has been sworn at the trial of a case, the fees	3230
of the jurors shall be included in the costs, which shall be paid	3231
to the public treasury from which the jurors were paid.	3232

(b) If a jury has not been sworn at the trial of a case	3233
because of a defendant's failure to appear without good cause or	3234
because the defendant entered a plea of guilty or no contest less	3235
than twenty-four hours before the scheduled commencement of the	3236
trial, the costs incurred in summoning jurors for that particular	3237
trial may be included in the costs of prosecution. If the costs	3238
incurred in summoning jurors are assessed against the defendant,	3239
those costs shall be paid to the public treasury from which the	3240
jurors were paid.	3241

(B) If a judge or magistrate has reason to believe that a	3242
defendant has failed to pay the judgment described in division (A)	3243
of this section or has failed to timely make payments towards that	3244
judgment under a payment schedule approved by the judge or	3245
magistrate, the judge or magistrate shall hold a hearing to	3246
determine whether to order the offender to perform community	3247
service for that failure. The judge or magistrate shall notify	3248
both the defendant and the prosecuting attorney of the place,	3249
time, and date of the hearing and shall give each an opportunity	3250
to present evidence. If, after the hearing, the judge or	3251
magistrate determines that the defendant has failed to pay the	3252
judgment or to timely make payments under the payment schedule and	3253
that imposition of community service for the failure is	3254
appropriate, the judge or magistrate may order the offender to	3255
perform community service ~~in an amount of not more than forty~~	3256
~~hours per month~~ until the judgment is paid or until the judge or	3257
magistrate is satisfied that the offender is in compliance with	3258
the approved payment schedule. If the judge or magistrate orders	3259
the defendant to perform community service under this division,	3260
the defendant shall receive credit upon the judgment at the	3261
specified hourly credit rate per hour of community service	3262
performed, and each hour of community service performed shall	3263
reduce the judgment by that amount. Except for the credit and	3264
reduction provided in this division, ordering an offender to	3265
perform community service under this division does not lessen the	3266
amount of the judgment and does not preclude the state from taking	3267
any other action to execute the judgment.	3268

(C) The court retains jurisdiction to waive, suspend, or	3269
modify the payment of the costs of prosecution, including any	3270
costs under section 2947.231 of the Revised Code, at the time of	3271
sentencing or at any time thereafter.	3272

(D) As used in this section:

3273

(1) "Case" means a prosecution of all of the charges that	3274
result from the same act, transaction, or series of acts or	3275
transactions and that are given the same case type designator and	3276
case number under Rule 43 of the Rules of Superintendence for the	3277
Courts of Ohio or any successor to that rule.	3278

(2) "Specified hourly credit rate" means an hourly credit	3279
rate set by the judge or magistrate, which shall not be less than	3280
the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the	3281
federal Fair Labor Standards Act of 1938, that then is in effect,	3282
and that an employer subject to that provision must pay per hour	3283
to each of the employer's employees who is subject to that	3284
provision.	3285

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

3286

(1) "Collateral sanction" means a penalty, disability, or	3287
disadvantage that is related to employment or occupational	3288
licensing, however denominated, as a result of the individual's	3289
conviction of or plea of guilty to an offense and that applies by	3290
operation of law in this state whether or not the penalty,	3291
disability, or disadvantage is included in the sentence or	3292
judgment imposed.	3293

"Collateral sanction" does not include imprisonment,	3294
probation, parole, supervised release, forfeiture, restitution,	3295
fine, assessment, or costs of prosecution.	3296

(2) "Decision-maker" includes, but is not limited to, the	3297
state acting through a department, agency, board, commission, or	3298
instrumentality established by the law of this state for the	3299
exercise of any function of government, a political subdivision,	3300
an educational institution, or a government contractor or	3301
subcontractor made subject to this section by contract, law, or	3302
ordinance.	3303

(3) "Department-funded program" means a residential or	3304
nonresidential program that is not a term in a state correctional	3305
institution, that is funded in whole or part by the department of	3306
rehabilitation and correction, and that is imposed as a sanction	3307
for an offense, as part of a sanction that is imposed for an	3308
offense, or as a term or condition of any sanction that is imposed	3309
for an offense.	3310

(4) "Designee" means the person designated by the deputy	3311
director of the division of parole and community services to	3312
perform the duties designated in division (B) of this section.	3313

(5) "Division of parole and community services" means the	3314
division of parole and community services of the department of	3315
rehabilitation and correction.	3316

(6) "Offense" means any felony or misdemeanor under the laws	3317
of this state.	3318

(7) "Political subdivision" has the same meaning as in	3319
section 2969.21 of the Revised Code.	3320

(B)(1) After the provisions of this division become operative	3321
as described in division (J) of this section, an individual who is	3322
subject to one or more collateral sanctions as a result of being	3323
convicted of or pleading guilty to an offense and who either has	3324
served a term in a state correctional institution for any offense	3325
or has spent time in a department-funded program for any offense	3326
may file a petition with the designee of the deputy director of	3327
the division of parole and community services for a certificate of	3328
qualification for employment.	3329

(2) After the provisions of this division become operative as	3330
described in division (J) of this section, an individual who is	3331
subject to one or more collateral sanctions as a result of being	3332
convicted of or pleading guilty to an offense and who is not in a	3333
category described in division (B)(1) of this section may file a	3334
petition with the court of common pleas of the county in which the	3335
person resides or with the designee of the deputy director of the	3336
division of parole and community services for a certificate of	3337
qualification for employment.	3338

(3) A petition under division (B)(1) or (2) of this section	3339
shall be made on a copy of the form prescribed by the division of	3340
parole and community services under division (J) of this section	3341
and shall contain all of the information described in division (F)	3342
of this section.	3343

(4) An individual may file a petition under division (B)(1)	3344
or (2) of this section at any time after the expiration of	3345
whichever of the following is applicable:	3346

(a) If the offense that resulted in the collateral sanction	3347
from which the individual seeks relief is a felony, at any time	3348
after the expiration of one year from the date of release of the	3349
individual from any period of incarceration in a state or local	3350
correctional facility that was imposed for that offense and all	3351
periods of supervision imposed after release from the period of	3352
incarceration or, if the individual was not incarcerated for that	3353
offense, at any time after the expiration of one year from the	3354
date of the individual's final release from all other sanctions	3355
imposed for that offense.	3356

(b) If the offense that resulted in the collateral sanction	3357
from which the individual seeks relief is a misdemeanor, at any	3358
time after the expiration of six months from the date of release	3359
of the individual from any period of incarceration in a local	3360
correctional facility that was imposed for that offense and all	3361
periods of supervision imposed after release from the period of	3362
incarceration or, if the individual was not incarcerated for that	3363
offense, at any time after the expiration of six months from the	3364
date of the final release of the individual from all sanctions	3365
imposed for that offense including any period of supervision.	3366

(5)(a) A designee that receives a petition for a	3367
certification of qualification for employment from an individual	3368
under division (B)(1) or (2) of this section shall review the	3369
petition to determine whether it is complete. If the petition is	3370
complete, the designee shall forward the petition, and any other	3371
information the designee possesses that relates to the petition,	3372
to the court of common pleas of the county in which the individual	3373
resides.	3374

(b) A court of common pleas that receives a petition for a	3375
certificate of qualification for employment from an individual	3376
under division (B)(2) of this section, or that is forwarded a	3377
petition for such a certificate under division (B)(5)(a) of this	3378
section, shall attempt to determine all other courts in this state	3379
in which the individual was convicted of or pleaded guilty to an	3380
offense other than the offense from which the individual is	3381
seeking relief. The court that receives or is forwarded the	3382
petition shall notify all other courts in this state that it	3383
determines under this division were courts in which the individual	3384
was convicted of or pleaded guilty to an offense other than the	3385
offense from which the individual is seeking relief that the	3386
individual has filed the petition and that the court may send	3387
comments regarding the possible issuance of the certificate.	3388

A court of common pleas that receives a petition for a	3389
certificate of qualification for employment under division (B)(2)	3390
of this section shall notify the prosecuting attorney of the	3391
county in which the individual resides that the individual has	3392
filed the petition.	3393

A court of common pleas that receives a petition for a	3394
certificate of qualification for employment under division (B)(2)	3395
of this section, or that is forwarded a petition for qualification	3396
under division (B)(5)(a) of this section may direct the clerk of	3397
court to process and record all notices required in or under this	3398
section.	3399

(C)(1) Upon receiving a petition for a certificate of	3400
qualification for employment filed by an individual under division	3401
(B)(2) of this section or being forwarded a petition for such a	3402
certificate under division (B)(5)(a) of this section, the court	3403
shall review the individual's petition, the individual's criminal	3404
history, all filings submitted by the prosecutor or by the victim	3405
in accordance with rules adopted by the division of parole and	3406
community services, and all other relevant evidence. The court may	3407
order any report, investigation, or disclosure by the individual	3408
that the court believes is necessary for the court to reach a	3409
decision on whether to approve the individual's petition for a	3410
certificate of qualification for employment.	3411

(2) Upon receiving a petition for a certificate of	3412
qualification for employment filed by an individual under division	3413
(B)(2) of this section or being forwarded a petition for such a	3414
certificate under division (B)(5)(a) of this section, except as	3415
otherwise provided in this division, the court shall decide	3416
whether to issue the certificate within sixty days after the court	3417
receives or is forwarded the completed petition and all	3418
information requested for the court to make that decision. Upon	3419
request of the individual who filed the petition, the court may	3420
extend the sixty-day period specified in this division.	3421

(3) Subject to division (C)(5) of this section, a court that	3422
receives an individual's petition for a certificate of	3423
qualification for employment under division (B)(2) of this section	3424
or that is forwarded a petition for such a certificate under	3425
division (B)(5)(a) of this section may issue a certificate of	3426
qualification for employment, at the court's discretion, if the	3427
court finds that the individual has established all of the	3428
following by a preponderance of the evidence:	3429

(a) Granting the petition will materially assist the	3430
individual in obtaining employment or occupational licensing.	3431

(b) The individual has a substantial need for the relief	3432
requested in order to live a law-abiding life.	3433

(c) Granting the petition would not pose an unreasonable risk	3434
to the safety of the public or any individual.	3435

(4) The submission of an incomplete petition by an individual	3436
shall not be grounds for the designee or court to deny the	3437
petition.	3438

(5) A court that receives an individual's petition for a	3439
certificate of qualification for employment under division (B)(2)	3440
of this section or that is forwarded a petition for such a	3441
certificate under division (B)(5)(a) of this section shall not	3442
issue a certificate of qualification for employment that grants	3443
the individual relief from any of the following collateral	3444
sanctions:	3445

(a) Requirements imposed by Chapter 2950. of the Revised Code	3446
and rules adopted under sections 2950.13 and 2950.132 of the	3447
Revised Code;	3448

(b) A driver's license, commercial driver's license, or	3449
probationary license suspension, cancellation, or revocation	3450
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the	3451
Revised Code if the relief sought is available pursuant to section	3452
4510.021 or division (B) of section 4510.13 of the Revised Code;	3453

(c) Restrictions on employment as a prosecutor or law	3454
enforcement officer;	3455

(d) The denial, ineligibility, or automatic suspension of a	3456
license that is imposed upon an individual applying for or holding	3457
a license as a health care professional under Title XLVII of the	3458
Revised Code if the individual is convicted of, pleads guilty to,	3459
is subject to a judicial finding of eligibility for intervention	3460
in lieu of conviction in this state under section 2951.041 of the	3461
Revised Code, or is subject to treatment or intervention in lieu	3462
of conviction for a violation of section 2903.01, 2903.02,	3463
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	3464
2911.01, 2911.11, or 2919.123 of the Revised Code;	3465

(e) The immediate suspension of a license, certificate, or	3466
evidence of registration that is imposed upon an individual	3467
holding a license as a health care professional under Title XLVII	3468
of the Revised Code pursuant to division (C) of section 3719.121	3469
of the Revised Code;	3470

(f) The denial or ineligibility for employment in a pain	3471
clinic under division (B)(4) of section 4729.552 of the Revised	3472
Code;	3473

(g) The mandatory suspension of a license that is imposed on	3474
an individual applying for or holding a license as a health care	3475
professional under Title XLVII of the Revised Code pursuant to	3476
section 3123.43 of the Revised Code.	3477

(6) If a court that receives an individual's petition for a	3478
certificate of qualification for employment under division (B)(2)	3479
of this section or that is forwarded a petition for such a	3480
certificate under division (B)(5)(a) of this section denies the	3481
petition, the court shall provide written notice to the individual	3482
of the court's denial. The court may place conditions on the	3483
individual regarding the individual's filing of any subsequent	3484
petition for a certificate of qualification for employment. The	3485
written notice must notify the individual of any conditions placed	3486
on the individual's filing of a subsequent petition for a	3487
certificate of qualification for employment.	3488

If a court of common pleas that receives an individual's	3489
petition for a certificate of qualification for employment under	3490
division (B)(2) of this section or that is forwarded a petition	3491
for such a certificate under division (B)(5)(a) of this section	3492
denies the petition, the individual may appeal the decision to the	3493
court of appeals only if the individual alleges that the denial	3494
was an abuse of discretion on the part of the court of common	3495
pleas.	3496

(D) A certificate of qualification for employment issued to	3497
an individual lifts the automatic bar of a collateral sanction,	3498
and a decision-maker shall consider on a case-by-case basis	3499
whether to grant or deny the issuance or restoration of an	3500
occupational license or an employment opportunity, notwithstanding	3501
the individual's possession of the certificate, without, however,	3502
reconsidering or rejecting any finding made by a designee or court	3503
under division (C)(3) of this section.	3504

(E) A certificate of qualification for employment does not	3505
grant the individual to whom the certificate was issued relief	3506
from the mandatory civil impacts identified in division (A)(1) of	3507
section 2961.01 or division (B) of section 2961.02 of the Revised	3508
Code.	3509

(F) A petition for a certificate of qualification for	3510
employment filed by an individual under division (B)(1) or (2) of	3511
this section shall include all of the following:	3512

(1) The individual's name, date of birth, and social security	3513
number;	3514

(2) All aliases of the individual and all social security	3515
numbers associated with those aliases;	3516

(3) The individual's residence address, including the city,	3517
county, and state of residence and zip code;	3518

(4) The length of time that the individual has been a	3519
resident of this state, expressed in years and months of	3520
residence;	3521

(5) The name or type of each collateral sanction from which	3522
the individual is requesting a certificate of qualification for	3523
employment;	3524

(6) A summary of the individual's criminal history with	3525
respect to each offense that is a disqualification from employment	3526
or licensing in an occupation or profession, including the years	3527
of each conviction or plea of guilty for each of those offenses;	3528

(7) A summary of the individual's employment history,	3529
specifying the name of, and dates of employment with, each	3530
employer;	3531

(8) Verifiable references and endorsements;

3532

(9) The name of one or more immediate family members of the	3533
individual, or other persons with whom the individual has a close	3534
relationship, who support the individual's reentry plan;	3535

(10) A summary of the reason the individual believes the	3536
certificate of qualification for employment should be granted;	3537

(11) Any other information required by rule by the department	3538
of rehabilitation and correction.	3539

(G)(1) In a judicial or administrative proceeding alleging	3540
negligence or other fault, a certificate of qualification for	3541
employment issued to an individual under this section may be	3542
introduced as evidence of a person's due care in hiring,	3543
retaining, licensing, leasing to, admitting to a school or	3544
program, or otherwise transacting business or engaging in activity	3545
with the individual to whom the certificate of qualification for	3546
employment was issued if the person knew of the certificate at the	3547
time of the alleged negligence or other fault.	3548

(2) In any proceeding on a claim against an employer for	3549
negligent hiring, a certificate of qualification for employment	3550
issued to an individual under this section shall provide immunity	3551
for the employer as to the claim if the employer knew of the	3552
certificate at the time of the alleged negligence.	3553

(3) If an employer hires an individual who has been issued a	3554
certificate of qualification for employment under this section, if	3555
the individual, after being hired, subsequently demonstrates	3556
dangerousness or is convicted of or pleads guilty to a felony, and	3557
if the employer retains the individual as an employee after the	3558
demonstration of dangerousness or the conviction or guilty plea,	3559
the employer may be held liable in a civil action that is based on	3560
or relates to the retention of the individual as an employee only	3561
if it is proved by a preponderance of the evidence that the person	3562
having hiring and firing responsibility for the employer had	3563
actual knowledge that the employee was dangerous or had been	3564
convicted of or pleaded guilty to the felony and was willful in	3565
retaining the individual as an employee after the demonstration of	3566
dangerousness or the conviction or guilty plea of which the person	3567
has actual knowledge.	3568

(H) A certificate of qualification for employment issued	3569
under this section shall be presumptively revoked if the	3570
individual to whom the certificate of qualification for employment	3571
was issued is convicted of or pleads guilty to a felony offense	3572
committed subsequent to the issuance of the certificate of	3573
qualification for employment.	3574

(I) A designee's forwarding, or failure to forward, a	3575
petition for a certificate of qualification for employment to a	3576
court or a court's issuance, or failure to issue, a petition for a	3577
certificate of qualification for employment to an individual under	3578
division (B) of this section does not give rise to a claim for	3579
damages against the department of rehabilitation and correction or	3580
court.	3581

(J) Not later than ninety days after ~~the effective date of~~	3582
~~this section~~September 28, 2012, the division of parole and	3583
community services shall adopt rules in accordance with Chapter	3584
119. of the Revised Code for the implementation and administration	3585
of this section and shall prescribe the form for the petition to	3586
be used under division (B)(1) or (2) of this section. The form for	3587
the petition shall include places for all of the information	3588
specified in division (F) of this section. Upon the adoption of	3589
the rules, the provisions of divisions (A) to (I) of this section	3590
become operative.	3591

(K) The department of rehabilitation and correction shall	3592
conduct a study to determine the manner for transferring the	3593
mechanism for the issuance of a certificate of qualification for	3594
employment created by this section to an electronic database	3595
established and maintained by the department. The database to	3596
which the mechanism is to be transferred shall include granted	3597
certificates and revoked certificates and shall be designed to	3598
track the number of certificates granted and revoked, the	3599
industries, occupations, and professions with respect to which the	3600
certificates have been most applicable, the types of employers	3601
that have accepted the certificates, and the recidivism rates of	3602
individuals who have been issued the certificates. Not later than	3603
the date that is one year after ~~the effective date of this section~~	3604
September 28, 2012, the department of rehabilitation and	3605
correction shall submit to the general assembly and the governor a	3606
report that contains the results of the study and recommendations	3607
for transferring the mechanism for the issuance of certificate of	3608
qualification for employment created by this section to an	3609
electronic database established and maintained by the department.	3610

(L) The department of rehabilitation and correction, in	3611
conjunction with the Ohio judicial conference, shall conduct a	3612
study to determine whether the application process for	3613
certificates of qualification for employment created by this	3614
section is feasible based upon the caseload capacity of the	3615
department and the courts of common pleas. Not later than the date	3616
that is one year after ~~the effective date of this section~~	3617
September 28, 2012, the department shall submit to the general	3618
assembly a report that contains the results of the study and any	3619
recommendations for improvement of the application process.	3620

Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the	3621
Revised Code:	3622

(A) "Eligible offender" means anyone who has been convicted	3623
of an offense in this state or any other jurisdiction and who has	3624
not more than one felony conviction, not more than two misdemeanor	3625
convictions ~~if the convictions are not of the same offense~~, or not	3626
more than one felony conviction and one misdemeanor conviction in	3627
this state or any other jurisdiction. When two or more convictions	3628
result from or are connected with the same act or result from	3629
offenses committed at the same time, they shall be counted as one	3630
conviction. When two or three convictions result from the same	3631
indictment, information, or complaint, from the same plea of	3632
guilty, or from the same official proceeding, and result from	3633
related criminal acts that were committed within a three-month	3634
period but do not result from the same act or from offenses	3635
committed at the same time, they shall be counted as one	3636
conviction, provided that a court may decide as provided in	3637
division (C)(1)(a) of section 2953.32 of the Revised Code that it	3638
is not in the public interest for the two or three convictions to	3639
be counted as one conviction.	3640

For purposes of, and except as otherwise provided in, this	3641
division, a conviction for a minor misdemeanor, for a violation of	3642
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	3643
Revised Code, or for a violation of a municipal ordinance that is	3644
substantially similar to any section in those chapters is not a	3645
conviction. However, a conviction for a violation of section	3646
4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or	3647
4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a	3648
violation of section 4510.11 or 4510.14 of the Revised Code that	3649
is based upon the offender's operation of a vehicle during a	3650
suspension imposed under section 4511.191 or 4511.196 of the	3651
Revised Code, for a violation of a substantially equivalent	3652
municipal ordinance, for a felony violation of Title XLV of the	3653
Revised Code, or for a violation of a substantially equivalent	3654
former law of this state or former municipal ordinance shall be	3655
considered a conviction.	3656

(B) "Prosecutor" means the county prosecuting attorney, city	3657
director of law, village solicitor, or similar chief legal	3658
officer, who has the authority to prosecute a criminal case in the	3659
court in which the case is filed.	3660

(C) "Bail forfeiture" means the forfeiture of bail by a	3661
defendant who is arrested for the commission of a misdemeanor,	3662
other than a defendant in a traffic case as defined in Traffic	3663
Rule 2, if the forfeiture is pursuant to an agreement with the	3664
court and prosecutor in the case.	3665

(D) "Official records" has the same meaning as in division	3666
(D) of section 2953.51 of the Revised Code.	3667

(E) "Official proceeding" has the same meaning as in section	3668
2921.01 of the Revised Code.	3669

(F) "Community control sanction" has the same meaning as in	3670
section 2929.01 of the Revised Code.	3671

(G) "Post-release control" and "post-release control	3672
sanction" have the same meanings as in section 2967.01 of the	3673
Revised Code.	3674

(H) "DNA database," "DNA record," and "law enforcement	3675
agency" have the same meanings as in section 109.573 of the	3676
Revised Code.	3677

(I) "Fingerprints filed for record" means any fingerprints	3678
obtained by the superintendent of the bureau of criminal	3679
identification and investigation pursuant to sections 109.57 and	3680
109.571 of the Revised Code.	3681

Sec. 2953.32. (A)(1) Except as provided in section 2953.61	3682
of the Revised Code, an eligible offender may apply to the	3683
sentencing court if convicted in this state, or to a court of	3684
common pleas if convicted in another state or in a federal court,	3685
for the sealing of the ~~conviction~~ record of the case that pertains	3686
to the conviction. Application may be made at the expiration of	3687
three years after the offender's final discharge if convicted of a	3688
felony, or at the expiration of one year after the offender's	3689
final discharge if convicted of a misdemeanor.	3690

(2) Any person who has been arrested for any misdemeanor	3691
offense and who has effected a bail forfeiture for the offense	3692
charged may apply to the court in which the misdemeanor criminal	3693
case was pending when bail was forfeited for the sealing of the	3694
record of the case that pertains to the charge. Except as provided	3695
in section 2953.61 of the Revised Code, the application may be	3696
filed at any time after the expiration of one year from the date	3697
on which the bail forfeiture was entered upon the minutes of the	3698
court or the journal, whichever entry occurs first.	3699

(B) Upon the filing of an application under this section, the	3700
court shall set a date for a hearing and shall notify the	3701
prosecutor for the case of the hearing on the application. The	3702
prosecutor may object to the granting of the application by filing	3703
an objection with the court prior to the date set for the hearing.	3704
The prosecutor shall specify in the objection the reasons for	3705
believing a denial of the application is justified. The court	3706
shall direct its regular probation officer, a state probation	3707
officer, or the department of probation of the county in which the	3708
applicant resides to make inquiries and written reports as the	3709
court requires concerning the applicant. If the applicant was	3710
convicted of or pleaded guilty to a violation of division (A)(2)	3711
or (B) of section 2919.21 of the Revised Code, the probation	3712
officer or county department of probation that the court directed	3713
to make inquiries concerning the applicant shall contact the child	3714
support enforcement agency enforcing the applicant's obligations	3715
under the child support order to inquire about the offender's	3716
compliance with the child support order.	3717

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

3718

(a) Determine whether the applicant is an eligible offender	3719
or whether the forfeiture of bail was agreed to by the applicant	3720
and the prosecutor in the case. If the applicant applies as an	3721
eligible offender pursuant to division (A)(1) of this section and	3722
has two or three convictions that result from the same indictment,	3723
information, or complaint, from the same plea of guilty, or from	3724
the same official proceeding, and result from related criminal	3725
acts that were committed within a three-month period but do not	3726
result from the same act or from offenses committed at the same	3727
time, in making its determination under this division, the court	3728
initially shall determine whether it is not in the public interest	3729
for the two or three convictions to be counted as one conviction.	3730
If the court determines that it is not in the public interest for	3731
the two or three convictions to be counted as one conviction, the	3732
court shall determine that the applicant is not an eligible	3733
offender; if the court does not make that determination, the court	3734
shall determine that the offender is an eligible offender.	3735

(b) Determine whether criminal proceedings are pending	3736
against the applicant;	3737

(c) If the applicant is an eligible offender who applies	3738
pursuant to division (A)(1) of this section, determine whether the	3739
applicant has been rehabilitated to the satisfaction of the court;	3740

(d) If the prosecutor has filed an objection in accordance	3741
with division (B) of this section, consider the reasons against	3742
granting the application specified by the prosecutor in the	3743
objection;	3744

(e) Weigh the interests of the applicant in having the	3745
records pertaining to the applicant's conviction or bail	3746
forfeiture sealed against the legitimate needs, if any, of the	3747
government to maintain those records.	3748

(2) If the court determines, after complying with division	3749
(C)(1) of this section, that the applicant is an eligible offender	3750
or the subject of a bail forfeiture, that no criminal proceeding	3751
is pending against the applicant, and that the interests of the	3752
applicant in having the records pertaining to the applicant's	3753
conviction or bail forfeiture sealed are not outweighed by any	3754
legitimate governmental needs to maintain those records, and that	3755
the rehabilitation of an applicant who is an eligible offender	3756
applying pursuant to division (A)(1) of this section has been	3757
attained to the satisfaction of the court, the court, except as	3758
provided in divisions (G) ~~and~~, (H), or (I) of this section, shall	3759
order all official records ~~pertaining~~of the case that pertain to	3760
the ~~case~~conviction or bail forfeiture sealed and, except as	3761
provided in division (F) of this section, all index references to	3762
the case that pertain to the conviction or bail forfeiture	3763
deleted and, in the case of bail forfeitures, shall dismiss the	3764
charges in the case. The proceedings in the case that pertain to	3765
the conviction or bail forfeiture shall be considered not to have	3766
occurred and the conviction or bail forfeiture of the person who	3767
is the subject of the proceedings shall be sealed, except that	3768
upon conviction of a subsequent offense, the sealed record of	3769
prior conviction or bail forfeiture may be considered by the court	3770
in determining the sentence or other appropriate disposition,	3771
including the relief provided for in sections 2953.31 to 2953.33	3772
of the Revised Code.	3773

(3) An applicant may request the sealing of the records of	3774
more than one case in a single application under this section.	3775
Upon the filing of an application under this section, the	3776
applicant, unless indigent, shall pay a fee of fifty dollars,	3777
regardless of the number of records the application requests to	3778
have sealed. The court shall pay thirty dollars of the fee into	3779
the state treasury. It shall pay twenty dollars of the fee into	3780
the county general revenue fund if the sealed conviction or bail	3781
forfeiture was pursuant to a state statute, or into the general	3782
revenue fund of the municipal corporation involved if the sealed	3783
conviction or bail forfeiture was pursuant to a municipal	3784
ordinance.	3785

(D) Inspection of the sealed records included in the order	3786
may be made only by the following persons or for the following	3787
purposes:	3788

(1) By a law enforcement officer or prosecutor, or the	3789
assistants of either, to determine whether the nature and	3790
character of the offense with which a person is to be charged	3791
would be affected by virtue of the person's previously having been	3792
convicted of a crime;	3793

(2) By the parole or probation officer of the person who is	3794
the subject of the records, for the exclusive use of the officer	3795
in supervising the person while on parole or under a community	3796
control sanction or a post-release control sanction, and in making	3797
inquiries and written reports as requested by the court or adult	3798
parole authority;	3799

(3) Upon application by the person who is the subject of the	3800
records, by the persons named in the application;	3801

(4) By a law enforcement officer who was involved in the	3802
case, for use in the officer's defense of a civil action arising	3803
out of the officer's involvement in that case;	3804

(5) By a prosecuting attorney or the prosecuting attorney's	3805
assistants, to determine a defendant's eligibility to enter a	3806
pre-trial diversion program established pursuant to section	3807
2935.36 of the Revised Code;	3808

(6) By any law enforcement agency or any authorized employee	3809
of a law enforcement agency or by the department of rehabilitation	3810
and correction as part of a background investigation of a person	3811
who applies for employment with the agency as a law enforcement	3812
officer or with the department as a corrections officer;	3813

(7) By any law enforcement agency or any authorized employee	3814
of a law enforcement agency, for the purposes set forth in, and in	3815
the manner provided in, section 2953.321 of the Revised Code;	3816

(8) By the bureau of criminal identification and	3817
investigation or any authorized employee of the bureau for the	3818
purpose of providing information to a board or person pursuant to	3819
division (F) or (G) of section 109.57 of the Revised Code;	3820

(9) By the bureau of criminal identification and	3821
investigation or any authorized employee of the bureau for the	3822
purpose of performing a criminal history records check on a person	3823
to whom a certificate as prescribed in section 109.77 of the	3824
Revised Code is to be awarded;	3825

(10) By the bureau of criminal identification and	3826
investigation or any authorized employee of the bureau for the	3827
purpose of conducting a criminal records check of an individual	3828
pursuant to division (B) of section 109.572 of the Revised Code	3829
that was requested pursuant to any of the sections identified in	3830
division (B)(1) of that section;	3831

(11) By the bureau of criminal identification and	3832
investigation, an authorized employee of the bureau, a sheriff, or	3833
an authorized employee of a sheriff in connection with a criminal	3834
records check described in section 311.41 of the Revised Code;	3835

(12) By the attorney general or an authorized employee of the	3836
attorney general or a court for purposes of determining a person's	3837
classification pursuant to Chapter 2950. of the Revised Code;	3838

(13) By a court, the registrar of motor vehicles, a	3839
prosecuting attorney or the prosecuting attorney's assistants, or	3840
a law enforcement officer for the purpose of assessing points	3841
against a person under section 4510.036 of the Revised Code or for	3842
taking action with regard to points assessed.	3843

When the nature and character of the offense with which a	3844
person is to be charged would be affected by the information, it	3845
may be used for the purpose of charging the person with an	3846
offense.	3847

(E) In any criminal proceeding, proof of any otherwise	3848
admissible prior conviction may be introduced and proved,	3849
notwithstanding the fact that for any such prior conviction an	3850
order of sealing previously was issued pursuant to sections	3851
2953.31 to 2953.36 of the Revised Code.	3852

(F) The person or governmental agency, office, or department	3853
that maintains sealed records pertaining to convictions or bail	3854
forfeitures that have been sealed pursuant to this section may	3855
maintain a manual or computerized index to the sealed records. The	3856
index shall contain only the name of, and alphanumeric identifiers	3857
that relate to, the persons who are the subject of the sealed	3858
records, the word "sealed," and the name of the person, agency,	3859
office, or department that has custody of the sealed records, and	3860
shall not contain the name of the crime committed. The index shall	3861
be made available by the person who has custody of the sealed	3862
records only for the purposes set forth in divisions (C), (D), and	3863
(E) of this section.	3864

(G) Notwithstanding any provision of this section or section	3865
2953.33 of the Revised Code that requires otherwise, a board of	3866
education of a city, local, exempted village, or joint vocational	3867
school district that maintains records of an individual who has	3868
been permanently excluded under sections 3301.121 and 3313.662 of	3869
the Revised Code is permitted to maintain records regarding a	3870
conviction that was used as the basis for the individual's	3871
permanent exclusion, regardless of a court order to seal the	3872
record. An order issued under this section to seal the record of a	3873
conviction does not revoke the adjudication order of the	3874
superintendent of public instruction to permanently exclude the	3875
individual who is the subject of the sealing order. An order	3876
issued under this section to seal the record of a conviction of an	3877
individual may be presented to a district superintendent as	3878
evidence to support the contention that the superintendent should	3879
recommend that the permanent exclusion of the individual who is	3880
the subject of the sealing order be revoked. Except as otherwise	3881
authorized by this division and sections 3301.121 and 3313.662 of	3882
the Revised Code, any school employee in possession of or having	3883
access to the sealed conviction records of an individual that were	3884
the basis of a permanent exclusion of the individual is subject to	3885
section 2953.35 of the Revised Code.	3886

(H) For purposes of sections 2953.31 to 2953.36 of the	3887
Revised Code, DNA records collected in the DNA database and	3888
fingerprints filed for record by the superintendent of the bureau	3889
of criminal identification and investigation shall not be sealed	3890
unless the superintendent receives a certified copy of a final	3891
court order establishing that the offender's conviction has been	3892
overturned. For purposes of this section, a court order is not	3893
"final" if time remains for an appeal or application for	3894
discretionary review with respect to the order.	3895

(I) The sealing of a record under this section does not	3896
affect the assessment of points under section 4510.036 of the	3897
Revised Code and does not erase points assessed against a person	3898
as a result of the sealed record.	3899

Sec. 2953.321. (A) As used in this section, "investigatory	3900
work product" means any records or reports of a law enforcement	3901
officer or agency that are excepted from the definition of	3902
"official records" contained in section 2953.51 of the Revised	3903
Code and that pertain to a ~~case~~conviction or bail forfeiture the	3904
records of which have been ordered sealed pursuant to division	3905
(C)(2) of section 2953.32 of the Revised Code or that pertain to a	3906
conviction or delinquent child adjudication the records of which	3907
have been ordered expunged pursuant to division (E) of section	3908
2151.358, division (D)(2) of section 2953.37, or division (G) of	3909
section 2953.38 of the Revised Code.	3910

(B) Upon the issuance of an order by a court pursuant to	3911
division (C)(2) of section 2953.32 of the Revised Code directing	3912
that all official records of a case pertaining to a ~~case~~	3913
conviction or bail forfeiture be sealed or an order by a court	3914
pursuant to division (E) of section 2151.358, division (D)(2) of	3915
section 2953.37, or division (G) of section 2953.38 of the Revised	3916
Code directing that all official records of a case pertaining to a	3917
~~case~~conviction or delinquent child adjudication be expunged:	3918

(1) Every law enforcement officer who possesses investigatory	3919
work product immediately shall deliver that work product to the	3920
law enforcement officer's employing law enforcement agency.	3921

(2) Except as provided in division (B)(3) of this section,	3922
every law enforcement agency that possesses investigatory work	3923
product shall close that work product to all persons who are not	3924
directly employed by the law enforcement agency and shall treat	3925
that work product, in relation to all persons other than those who	3926
are directly employed by the law enforcement agency, as if it did	3927
not exist and never had existed.	3928

(3) A law enforcement agency that possesses investigatory	3929
work product may permit another law enforcement agency to use that	3930
work product in the investigation of another offense if the facts	3931
incident to the offense being investigated by the other law	3932
enforcement agency and the facts incident to an offense that is	3933
the subject of the case are reasonably similar. The agency that	3934
permits the use of investigatory work product may provide the	3935
other agency with the name of the person who is the subject of the	3936
case if it believes that the name of the person is necessary to	3937
the conduct of the investigation by the other agency.	3938

(C)(1) Except as provided in division (B)(3) of this section,	3939
no law enforcement officer or other person employed by a law	3940
enforcement agency shall knowingly release, disseminate, or	3941
otherwise make the investigatory work product or any information	3942
contained in that work product available to, or discuss any	3943
information contained in it with, any person not employed by the	3944
employing law enforcement agency.	3945

(2) No law enforcement agency, or person employed by a law	3946
enforcement agency, that receives investigatory work product	3947
pursuant to division (B)(3) of this section shall use that work	3948
product for any purpose other than the investigation of the	3949
offense for which it was obtained from the other law enforcement	3950
agency, or disclose the name of the person who is the subject of	3951
the work product except when necessary for the conduct of the	3952
investigation of the offense, or the prosecution of the person for	3953
committing the offense, for which it was obtained from the other	3954
law enforcement agency.	3955

(3) It is not a violation of division (C)(1) or (2) of this	3956
section for the bureau of criminal identification and	3957
investigation or any authorized employee of the bureau	3958
participating in the investigation of criminal activity to	3959
release, disseminate, or otherwise make available to, or discuss	3960
with, a person directly employed by a law enforcement agency DNA	3961
records collected in the DNA database or fingerprints filed for	3962
record by the superintendent of the bureau of criminal	3963
identification and investigation.	3964

(D) Whoever violates division (C)(1) or (2) of this section	3965
is guilty of divulging confidential investigatory work product, a	3966
misdemeanor of the fourth degree.	3967

Sec. 2953.35. (A)(1) As used in divisions (A)(2) and (3) of	3968
this section, "law enforcement or justice system matter" means an	3969
arrest, complaint, indictment, trial, hearing, adjudication,	3970
conviction, or correctional supervision.	3971

(2) Except as authorized by divisions (D), (E), and (F) of	3972
section 2953.32 of the Revised Code or by Chapter 2950. of the	3973
Revised Code and subject to division (A)(3) of this section, any	3974
officer or employee of the state, or a political subdivision of	3975
the state, who releases or otherwise disseminates or makes	3976
available for any purpose involving employment, bonding, or	3977
licensing in connection with any business, trade, or profession to	3978
any person, or to any department, agency, or other instrumentality	3979
of the state, or any political subdivision of the state, any	3980
information or other data concerning any ~~arrest, complaint,~~	3981
~~indictment, trial, hearing, adjudication, conviction, or~~	3982
~~correctional supervision~~law enforcement or justice system matter	3983
the records with respect to which the officer or employee had	3984
knowledge of were sealed by an existing order issued pursuant to	3985
sections 2953.31 to 2953.36 of the Revised Code, were expunged by	3986
an order issued pursuant to division (E) of section 2151.358,	3987
section 2953.37, or section 2953.38 of the Revised Code, or were	3988
expunged by an order issued pursuant to section 2953.42 of the	3989
Revised Code as it existed prior to June 29, 1988, is guilty of	3990
divulging confidential information, a misdemeanor of the fourth	3991
degree.	3992

(3) Division (A)(2) of this section does not apply to an	3993
officer or employee of the state, or a political subdivision of	3994
the state, who releases or otherwise disseminates or makes	3995
available for any purpose specified in that division any	3996
information or other data concerning a law enforcement or justice	3997
system matter the records of which the officer had knowledge were	3998
sealed or expunged by an order of a type described in that	3999
division, if all of the following apply:	4000

(a) The officer or employee released, disseminated, or made	4001
available the information or data from the sealed or expunged	4002
records together with information or data concerning another law	4003
enforcement or justice system matter.	4004

(b) The records of the other law enforcement or justice	4005
matter were not sealed or expunged by any order of a type	4006
described in division (A)(2) of this section.	4007

(c) The law enforcement or justice matter covered by the	4008
information or data from the sealed or expunged records and the	4009
other law enforcement or justice matter covered by the information	4010
or data from the records that were not sealed or expunged resulted	4011
from or were connected to the same act.	4012

(d) The officer or employee made a good faith effort to not	4013
release, disseminate, or make available any information or other	4014
data concerning any law enforcement or justice matter from the	4015
sealed or expunged records, and the officer or employee did not	4016
release, disseminate, or make available the information or other	4017
data from the sealed or expunged records with malicious purpose,	4018
in bad faith, or in a wanton or reckless manner.	4019

(B) Any person who, in violation of section 2953.32 of the	4020
Revised Code, uses, disseminates, or otherwise makes available any	4021
index prepared pursuant to division (F) of section 2953.32 of the	4022
Revised Code is guilty of a misdemeanor of the fourth degree.	4023

(C) It is not a violation of this section for the bureau of	4024
criminal identification and investigation or any authorized	4025
employee of the bureau participating in the investigation of	4026
criminal activity to release, disseminate, or otherwise make	4027
available to, or discuss with, a person directly employed by a law	4028
enforcement agency DNA records collected in the DNA database or	4029
fingerprints filed for record by the superintendent of the bureau	4030
of criminal identification and investigation.	4031

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	4032
Code do not apply to any of the following:	4033

(A) Convictions when the offender is subject to a mandatory	4034
prison term;	4035

(B) Convictions under section 2907.02, 2907.03, 2907.04,	4036
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	4037
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	4038
Code, or a conviction for a violation of a municipal ordinance	4039
that is substantially similar to any section contained in any of	4040
those chapters, except as otherwise provided in section 2953.61 of	4041
the Revised Code;	4042

(C) Convictions of an offense of violence when the offense is	4043
a misdemeanor of the first degree or a felony and when the offense	4044
is not a violation of section 2917.03 of the Revised Code and is	4045
not a violation of section 2903.13, 2917.01, or 2917.31 of the	4046
Revised Code that is a misdemeanor of the first degree;	4047

(D) Convictions on or after October 10, 2007, under section	4048
2907.07 of the Revised Code or a conviction on or after October	4049
10, 2007, for a violation of a municipal ordinance that is	4050
substantially similar to that section;	4051

(E) Convictions on or after October 10, 2007, under section	4052
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311,	4053
2907.32, or 2907.33 of the Revised Code when the victim of the	4054
offense was under eighteen years of age;	4055

(F) Convictions of an offense in circumstances in which the	4056
victim of the offense was under eighteen years of age when the	4057
offense is a misdemeanor of the first degree or a felony, except	4058
for convictions under section 2919.21 of the Revised Code;	4059

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

4060

(H) Bail forfeitures in a traffic case as defined in Traffic	4061
Rule 2.	4062

Sec. 2953.53. (A) The court shall send notice of any order	4063
to seal official records issued pursuant to division (B)(3) of	4064
section 2953.52 of the Revised Code to the bureau of criminal	4065
identification and investigation and shall send notice of any	4066
order issued pursuant to division (B)(4) of that section to any	4067
public office or agency that the court knows or has reason to	4068
believe may have any record of the case, whether or not it is an	4069
official record, that is the subject of the order. ~~The notice~~	4070
~~shall be sent by certified mail, return receipt requested.~~	4071

(B) A person whose official records have been sealed pursuant	4072
to an order issued pursuant to section 2953.52 of the Revised Code	4073
may present a copy of that order and a written request to comply	4074
with it, to a public office or agency that has a record of the	4075
case that is the subject of the order.	4076

(C) An order to seal official records issued pursuant to	4077
section 2953.52 of the Revised Code applies to every public office	4078
or agency that has a record of the case that is the subject of the	4079
order, regardless of whether it receives notice of the hearing on	4080
the application for the order to seal the official records or	4081
receives a copy of the order to seal the official records pursuant	4082
to division (A) or (B) of this section.	4083

(D) Upon receiving a copy of an order to seal official	4084
records pursuant to division (A) or (B) of this section or upon	4085
otherwise becoming aware of an applicable order to seal official	4086
records issued pursuant to section 2953.52 of the Revised Code, a	4087
public office or agency shall comply with the order and, if	4088
applicable, with the provisions of section 2953.54 of the Revised	4089
Code, except that it may maintain a record of the case that is the	4090
subject of the order if the record is maintained for the purpose	4091
of compiling statistical data only and does not contain any	4092
reference to the person who is the subject of the case and the	4093
order.	4094

A public office or agency also may maintain an index of	4095
sealed official records, in a form similar to that for sealed	4096
records of conviction as set forth in division (F) of section	4097
2953.32 of the Revised Code, access to which may not be afforded	4098
to any person other than the person who has custody of the sealed	4099
official records. The sealed official records to which such an	4100
index pertains shall not be available to any person, except that	4101
the official records of a case that have been sealed may be made	4102
available to the following persons for the following purposes:	4103

(1) To the person who is the subject of the records upon	4104
written application, and to any other person named in the	4105
application, for any purpose;	4106

(2) To a law enforcement officer who was involved in the	4107
case, for use in the officer's defense of a civil action arising	4108
out of the officer's involvement in that case;	4109

(3) To a prosecuting attorney or the prosecuting attorney's	4110
assistants to determine a defendant's eligibility to enter a	4111
pre-trial diversion program established pursuant to section	4112
2935.36 of the Revised Code;	4113

(4) To a prosecuting attorney or the prosecuting attorney's	4114
assistants to determine a defendant's eligibility to enter a	4115
pre-trial diversion program under division (E)(2)(b) of section	4116
4301.69 of the Revised Code.	4117

Sec. 2953.61. ~~When~~(A) Except as provided in division (B) of	4118
this section, a person is charged with two or more offenses as a	4119
result of or in connection with the same act ~~and at least one of~~	4120
~~the charges has a final disposition that is different than the~~	4121
~~final disposition of the other charges, the person~~ may not apply	4122
to the court pursuant to section 2953.32 or 2953.52 of the Revised	4123
Code for the sealing of ~~his~~the person's record in relation to any	4124
of the ~~cases~~charges when at least one of the charges has a final	4125
disposition that is different from the final disposition of the	4126
other charges until such time as hethe person would be able to	4127
apply to the court and have all of the records ~~in all of the cases~~	4128
pertaining to all of those charges sealed pursuant to ~~divisions~~	4129
~~(A)(1) and (2) of~~ section 2953.32 ~~and divisions (A)(1) and (2) of~~	4130
~~section~~or 2953.52 of the Revised Code.	4131

(B) When a person is charged with two or more offenses as a	4132
result of or in connection with the same act and the final	4133
disposition of one, and only one, of the charges is a conviction	4134
under any section of Chapter 4507., 4510., 4511., or 4549., other	4135
than section 4511.19 or 4511.194 of the Revised Code, or under a	4136
municipal ordinance that is substantially similar to any section	4137
other than section 4511.19 or 4511.194 of the Revised Code	4138
contained in any of those chapters, and if the records pertaining	4139
to all the other charges would be eligible for sealing under	4140
section 2953.52 of the Revised Code in the absence of that	4141
conviction, the court may order that the records pertaining to all	4142
the charges be sealed. In such a case, the court shall not order	4143
that only a portion of the records be sealed.	4144

Sec. 2967.26. (A)(1) The department of rehabilitation and	4145
correction, by rule, may establish a transitional control program	4146
for the purpose of closely monitoring a prisoner's adjustment to	4147
community supervision during the final one hundred eighty days of	4148
the prisoner's confinement. If the department establishes a	4149
transitional control program under this division, the division of	4150
parole and community services of the department of rehabilitation	4151
and correction may transfer eligible prisoners to transitional	4152
control status under the program during the final one hundred	4153
eighty days of their confinement and under the terms and	4154
conditions established by the department, shall provide for the	4155
confinement as provided in this division of each eligible prisoner	4156
so transferred, and shall supervise each eligible prisoner so	4157
transferred in one or more community control sanctions. Each	4158
eligible prisoner who is transferred to transitional control	4159
status under the program shall be confined in a suitable facility	4160
that is licensed pursuant to division (C) of section 2967.14 of	4161
the Revised Code, or shall be confined in a residence the	4162
department has approved for this purpose and be monitored pursuant	4163
to an electronic monitoring device, as defined in section 2929.01	4164
of the Revised Code. If the department establishes a transitional	4165
control program under this division, the rules establishing the	4166
program shall include criteria that define which prisoners are	4167
eligible for the program, criteria that must be satisfied to be	4168
approved as a residence that may be used for confinement under the	4169
program of a prisoner that is transferred to it and procedures for	4170
the department to approve residences that satisfy those criteria,	4171
and provisions of the type described in division (C) of this	4172
section. At a minimum, the criteria that define which prisoners	4173
are eligible for the program shall provide all of the following:	4174

(a) That a prisoner is eligible for the program if the	4175
prisoner is serving a prison term or term of imprisonment for an	4176
offense committed prior to March 17, 1998, and if, at the time at	4177
which eligibility is being determined, the prisoner would have	4178
been eligible for a furlough under this section as it existed	4179
immediately prior to March 17, 1998, or would have been eligible	4180
for conditional release under former section 2967.23 of the	4181
Revised Code as that section existed immediately prior to March	4182
17, 1998;	4183

(b) That no prisoner who is serving a mandatory prison term	4184
is eligible for the program until after expiration of the	4185
mandatory term;	4186

(c) That no prisoner who is serving a prison term or term of	4187
life imprisonment without parole imposed pursuant to section	4188
2971.03 of the Revised Code is eligible for the program.	4189

(2) At least sixty days prior to transferring to transitional	4190
control under this section a prisoner who is serving a term of	4191
imprisonment or prison term of two years or less for an offense	4192
committed on or after July 1, 1996, the division of parole and	4193
community services of the department of rehabilitation and	4194
correction shall give notice of the pendency of the transfer to	4195
transitional control to the court of common pleas of the county in	4196
which the indictment against the prisoner was found and of the	4197
fact that the court may disapprove the transfer of the prisoner to	4198
transitional control and shall include the institutional summary	4199
report prepared by the head of the state correctional institution	4200
in which the prisoner is confined. The head of the state	4201
correctional institution in which the prisoner is confined, upon	4202
the request of the division of parole and community services,	4203
shall provide to the division for inclusion in the notice sent to	4204
the court under this division an institutional summary report on	4205
the prisoner's conduct in the institution and in any institution	4206
from which the prisoner may have been transferred. The	4207
institutional summary report shall cover the prisoner's	4208
participation in school, vocational training, work, treatment, and	4209
other rehabilitative activities and any disciplinary action taken	4210
against the prisoner. If the court disapproves of the transfer of	4211
the prisoner to transitional control, the court shall notify the	4212
division of the disapproval within thirty days after receipt of	4213
the notice. If the court timely disapproves the transfer of the	4214
prisoner to transitional control, the division shall not proceed	4215
with the transfer. If the court does not timely disapprove the	4216
transfer of the prisoner to transitional control, the division may	4217
transfer the prisoner to transitional control.	4218

(3)(a) If the victim of an offense for which a prisoner was	4219
sentenced to a prison term or term of imprisonment has requested	4220
notification under section 2930.16 of the Revised Code and has	4221
provided the department of rehabilitation and correction with the	4222
victim's name and address or if division (A)(3)(b) of this section	4223
applies, the division of parole and community services, at least	4224
sixty days prior to transferring the prisoner to transitional	4225
control pursuant to this section, shall notify the victim of the	4226
pendency of the transfer and of the victim's right to submit a	4227
statement to the division regarding the impact of the transfer of	4228
the prisoner to transitional control. If the victim subsequently	4229
submits a statement of that nature to the division, the division	4230
shall consider the statement in deciding whether to transfer the	4231
prisoner to transitional control.	4232

(b) If a prisoner is incarcerated for the commission of	4233
aggravated murder, murder, or an offense of violence that is a	4234
felony of the first, second, or third degree or under a sentence	4235
of life imprisonment, except as otherwise provided in this	4236
division, the notice described in division (A)(3)(a) of this	4237
section shall be given regardless of whether the victim has	4238
requested the notification. The notice described in division	4239
(A)(3)(a) of this section shall not be given under this division	4240
to a victim if the victim has requested pursuant to division	4241
(B)(2) of section 2930.03 of the Revised Code that the victim not	4242
be provided the notice. If notice is to be provided to a victim	4243
under this division, the authority may give the notice by any	4244
reasonable means, including regular mail, telephone, and	4245
electronic mail, in accordance with division (D)(1) of section	4246
2930.16 of the Revised Code. If the notice is based on an offense	4247
committed prior to ~~the effective date of this amendment~~March 22,	4248
2013, the notice also shall include the opt-out information	4249
described in division (D)(1) of section 2930.16 of the Revised	4250
Code. The authority, in accordance with division (D)(2) of section	4251
2930.16 of the Revised Code, shall keep a record of all attempts	4252
to provide the notice, and of all notices provided, under this	4253
division.	4254

Division (A)(3)(b) of this section, and the notice-related	4255
provisions of divisions (E)(2) and (K) of section 2929.20,	4256
division (D)(1) of section 2930.16, division (H) of section	4257
2967.12, division (E)(1)(b) of section 2967.19, division (D)(1) of	4258
section 2967.28, and division (A)(2) of section 5149.101 of the	4259
Revised Code enacted in the act in which division (A)(3)(b) of	4260
this section was enacted, shall be known as "Roberta's Law."	4261

(4) The department of rehabilitation and correction, at least	4262
sixty days prior to transferring a prisoner to transitional	4263
control pursuant to this section, shall post on the database it	4264
maintains pursuant to section 5120.66 of the Revised Code the	4265
prisoner's name and all of the information specified in division	4266
(A)(1)(c)(iv) of that section. In addition to and independent of	4267
the right of a victim to submit a statement as described in	4268
division (A)(3) of this section or to otherwise make a statement	4269
and in addition to and independent of any other right or duty of a	4270
person to present information or make a statement, any person may	4271
send to the division of parole and community services at any time	4272
prior to the division's transfer of the prisoner to transitional	4273
control a written statement regarding the transfer of the prisoner	4274
to transitional control. In addition to the information, reports,	4275
and statements it considers under divisions (A)(2) and (3) of this	4276
section or that it otherwise considers, the division shall	4277
consider each statement submitted in accordance with this division	4278
in deciding whether to transfer the prisoner to transitional	4279
control.	4280

(B) Each prisoner transferred to transitional control under	4281
this section shall be confined in the manner described in division	4282
(A) of this section during any period of time that the prisoner is	4283
not actually working at the prisoner's approved employment,	4284
engaged in a vocational training or another educational program,	4285
engaged in another program designated by the director, or engaged	4286
in other activities approved by the department.	4287

(C) The department of rehabilitation and correction shall	4288
adopt rules for transferring eligible prisoners to transitional	4289
control, supervising and confining prisoners so transferred,	4290
administering the transitional control program in accordance with	4291
this section, and using the moneys deposited into the transitional	4292
control fund established under division (E) of this section.	4293

(D) The department of rehabilitation and correction may adopt	4294
rules for the issuance of passes for the limited purposes	4295
described in this division to prisoners who are transferred to	4296
transitional control under this section. If the department adopts	4297
rules of that nature, the rules shall govern the granting of the	4298
passes and shall provide for the supervision of prisoners who are	4299
temporarily released pursuant to one of those passes. Upon the	4300
adoption of rules under this division, the department may issue	4301
passes to prisoners who are transferred to transitional control	4302
status under this section in accordance with the rules and the	4303
provisions of this division. All passes issued under this division	4304
shall be for a maximum of forty-eight hours and may be issued only	4305
for the following purposes:	4306

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

4307

(2) To have a private viewing of the body of a deceased	4308
relative;	4309

(3) To visit with family;

4310

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

4311

(E) The division of parole and community services may require	4312
a prisoner who is transferred to transitional control to pay to	4313
the division the reasonable expenses incurred by the division in	4314
supervising or confining the prisoner while under transitional	4315
control. Inability to pay those reasonable expenses shall not be	4316
grounds for refusing to transfer an otherwise eligible prisoner to	4317
transitional control. Amounts received by the division of parole	4318
and community services under this division shall be deposited into	4319
the transitional control fund, which is hereby created in the	4320
state treasury and which hereby replaces and succeeds the furlough	4321
services fund that formerly existed in the state treasury. All	4322
moneys that remain in the furlough services fund on March 17,	4323
1998, shall be transferred on that date to the transitional	4324
control fund. The transitional control fund shall be used solely	4325
to pay costs related to the operation of the transitional control	4326
program established under this section. The director of	4327
rehabilitation and correction shall adopt rules in accordance with	4328
section 111.15 of the Revised Code for the use of the fund.	4329

(F) A prisoner who violates any rule established by the	4330
department of rehabilitation and correction under division (A),	4331
(C), or (D) of this section may be transferred to a state	4332
correctional institution pursuant to rules adopted under division	4333
(A), (C), or (D) of this section, but the prisoner shall receive	4334
credit towards completing the prisoner's sentence for the time	4335
spent under transitional control.	4336

If a prisoner is transferred to transitional control under	4337
this section, upon successful completion of the period of	4338
transitional control, the prisoner may be released on parole or	4339
under post-release control pursuant to section 2967.13 or 2967.28	4340
of the Revised Code and rules adopted by the department of	4341
rehabilitation and correction. If the prisoner is released under	4342
post-release control, the duration of the post-release control,	4343
the type of post-release control sanctions that may be imposed,	4344
the enforcement of the sanctions, and the treatment of prisoners	4345
who violate any sanction applicable to the prisoner are governed	4346
by section 2967.28 of the Revised Code.	4347

Sec. 4510.111. (A) No person shall operate any motor vehicle	4348
upon a highway or any public or private property used by the	4349
public for purposes of vehicular travel or parking in this state	4350
whose driver's or commercial driver's license has been suspended	4351
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,	4352
4510.032, 4510.22, or 4510.33 of the Revised Code.	4353

(B) Upon the request or motion of the prosecuting authority,	4354
a noncertified copy of the law enforcement automated data system	4355
report or a noncertified copy of a record of the registrar of	4356
motor vehicles that shows the name, date of birth, and social	4357
security number of a person charged with a violation of division	4358
(A) of this section may be admitted into evidence as prima-facie	4359
evidence that the license of the person was under suspension at	4360
the time of the alleged violation of division (A) of this section.	4361
The person charged with a violation of division (A) of this	4362
section may offer evidence to rebut this prima-facie evidence.	4363

(C) Whoever violates division (A) of this section is guilty	4364
of driving under suspension, and shall be punished as provided in	4365
division ~~(D)~~(C)(1) or (2) of this section.	4366

(1) Except as otherwise provided in division ~~(D)~~(C)(2) of	4367
this section, the offense is an unclassified misdemeanor. The	4368
offender shall be sentenced pursuant to sections 2929.21 to	4369
2929.28 of the Revised Code, except that the offender shall not be	4370
sentenced to a jail term; the offender shall not be sentenced to a	4371
community residential sanction pursuant to section 2929.26 of the	4372
Revised Code; notwithstanding division (A)(2)(a) of section	4373
2929.28 of the Revised Code, the offender may be fined up to one	4374
thousand dollars; and, notwithstanding division (A)(3) of section	4375
2929.27 of the Revised Code, the offender may be ordered pursuant	4376
to division (C) of that section to serve a term of community	4377
service of up to five hundred hours. The failure of an offender to	4378
complete a term of community service imposed by the court may be	4379
punished as indirect criminal contempt under division (A) of	4380
section 2705.02 of the Revised Code that may be filed in the	4381
underlying case.	4382

(2) If, within three years of the offense, the offender	4383
previously was convicted of or pleaded guilty to two or more	4384
violations of division (A) of this section, or any combination of	4385
two or more violations of division (A) ) of this section or	4386
section 4510.11 or 4510.16 of the Revised Code, or a substantially	4387
equivalent municipal ordinance, the offense is a misdemeanor of	4388
the fourth degree, and the offender shall provide the court with	4389
proof of financial responsibility as defined in section 4509.01 of	4390
the Revised Code. If the offender fails to provide that proof of	4391
financial responsibility, then in addition to any other penalties	4392
provided by law, the court may order restitution pursuant to	4393
section 2929.28 of the Revised Code in an amount not exceeding	4394
five thousand dollars for any economic loss arising from an	4395
accident or collision that was the direct and proximate result of	4396
the offender's operation of the vehicle before, during, or after	4397
committing the offense for which the offender is sentenced under	4398
this section.	4399

Sec. 4510.16. (A) No person, whose driver's or commercial	4400
driver's license or temporary instruction permit or nonresident's	4401
operating privilege has been suspended or canceled pursuant to	4402
Chapter 4509. of the Revised Code, shall operate any motor vehicle	4403
within this state, or knowingly permit any motor vehicle owned by	4404
the person to be operated by another person in the state, during	4405
the period of the suspension or cancellation, except as	4406
specifically authorized by Chapter 4509. of the Revised Code. No	4407
person shall operate a motor vehicle within this state, or	4408
knowingly permit any motor vehicle owned by the person to be	4409
operated by another person in the state, during the period in	4410
which the person is required by section 4509.45 of the Revised	4411
Code to file and maintain proof of financial responsibility for a	4412
violation of section 4509.101 of the Revised Code, unless proof of	4413
financial responsibility is maintained with respect to that	4414
vehicle.	4415

(B) No person shall operate any motor vehicle upon a highway	4416
or any public or private property used by the public for purposes	4417
of vehicular travel or parking in this state if the person's	4418
driver's or commercial driver's license or temporary instruction	4419
permit or nonresident operating privilege has been suspended	4420
pursuant to section 4509.37 or 4509.40 of the Revised Code for	4421
nonpayment of a judgment.	4422

(C) Upon the request or motion of the prosecuting authority,	4423
a noncertified copy of the law enforcement automated data system	4424
report or a noncertified copy of a record of the registrar of	4425
motor vehicles that shows the name, date of birth, and social	4426
security number of a person charged with a violation of division	4427
(A) or (B) of this section may be admitted into evidence as	4428
prima-facie evidence that the license of the person was under	4429
either a financial responsibility law suspension at the time of	4430
the alleged violation of division (A) of this section or a	4431
nonpayment of judgment suspension at the time of the alleged	4432
violation of division (B) of this section. The person charged with	4433
a violation of division (A) or (B) of this section may offer	4434
evidence to rebut this prima-facie evidence.	4435

(D) Whoever violates division (A) of this section is guilty	4436
of driving under financial responsibility law suspension or	4437
cancellation and shall be punished as provided in divisions (D) to	4438
(I) of this section. Whoever violates division (B) of this section	4439
is guilty of driving under a nonpayment of judgment suspension and	4440
shall be punished as provided in divisions (D) to (I) of this	4441
section.	4442

(1) Except as otherwise provided in division (D)(2) of this	4443
section, the offense is an unclassified misdemeanor. When the	4444
offense is an unclassified misdemeanor, the offender shall be	4445
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised	4446
Code, except that the offender shall not be sentenced to a jail	4447
term; the offender shall not be sentenced to a community	4448
residential sanction pursuant to section 2929.26 of the Revised	4449
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the	4450
Revised Code, the offender may be fined up to one thousand	4451
dollars; and, notwithstanding division (A)(3) of section 2929.27	4452
of the Revised Code, the offender may be ordered pursuant to	4453
division (C) of that section to serve a term of community service	4454
of up to five hundred hours. The failure of an offender to	4455
complete a term of community service imposed by the court may be	4456
punished as indirect criminal contempt under division (A) of	4457
section 2705.02 of the Revised Code that may be filed in the	4458
underlying case.	4459

(2) If, within three years of the offense, the offender	4460
previously was convicted of or pleaded guilty to two or more	4461
violations of this section, or any combination of two violations	4462
of this section or section 4510.11 or 4510.111 of the Revised	4463
Code, or a substantially equivalent municipal ordinance, the	4464
offense is a misdemeanor of the fourth degree.	4465

(3) The offender shall provide the court with proof of	4466
financial responsibility as defined in section 4509.01 of the	4467
Revised Code. If the offender fails to provide that proof of	4468
financial responsibility, then in addition to any other penalties	4469
provided by law, the court may order restitution pursuant to	4470
section 2929.28 of the Revised Code in an amount not exceeding	4471
five thousand dollars for any economic loss arising from an	4472
accident or collision that was the direct and proximate result of	4473
the offender's operation of the vehicle before, during, or after	4474
committing the offense for which the offender is sentenced under	4475
this section.	4476

Sec. 5120.07. (A) There is hereby created the ex-offender	4477
reentry coalition consisting of the following seventeen members or	4478
their designees:	4479

(1) The director of rehabilitation and correction;

4480

(2) The director of aging;

4481

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

4482

(4) The director of development services;

4483

(5) The superintendent of public instruction;

4484

(6) The director of health;

4485

(7) The director of job and family services;

4486

(8) The director of developmental disabilities;

4487

(9) The director of public safety;

4488

(10) The director of youth services;

4489

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

4490

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

4491

(13) The executive director of the opportunities for Ohioans	4492
with disabilities agency;	4493

(14) The director of the department of commerce;

4494

(15) The executive director of a health care licensing board	4495
created under Title XLVII of the Revised Code, as appointed by the	4496
chairperson of the coalition;	4497

(16) The director of veterans services;

4498

(17) An ex-offender appointed by the director of	4499
rehabilitation and correction.	4500

(B) The members of the coalition shall serve without	4501
compensation. The director of rehabilitation and correction or the	4502
director's designee shall be the chairperson of the coalition.	4503

(C) In consultation with persons interested and involved in	4504
the reentry of ex-offenders into the community, including but not	4505
limited to, services providers, community-based organizations, and	4506
local governments, the coalition shall identify and examine social	4507
service barriers and other obstacles to the reentry of	4508
ex-offenders into the community. Not later than one year after	4509
April 7, 2009, and on or before the same date of each year	4510
thereafter, the coalition shall submit to the speaker of the house	4511
of representatives and the president of the senate a report,	4512
including recommendations for legislative action, the activities	4513
of the coalition, and the barriers affecting the successful	4514
reentry of ex-offenders into the community. The report shall	4515
analyze the effects of those barriers on ex-offenders and on their	4516
children and other family members in various areas, including but	4517
not limited to, the following:	4518

(1) Admission to public and other housing;

4519

(2) Child support obligations and procedures;

4520

(3) Parental incarceration and family reunification;

4521

(4) Social security benefits, veterans' benefits, food	4522
stamps, and other forms of public assistance;	4523

(5) Employment;

4524

(6) Education programs and financial assistance;

4525

(7) Substance abuse and sex offender treatment programs and	4526
financial assistance and mental health services and financial	4527
assistance;	4528

(8) Civic and political participation;

4529

(9) Other collateral consequences under the Revised Code or	4530
the Ohio administrative code law that may result from a criminal	4531
conviction.	4532

(D)(1) The report shall also include the following	4533
information:	4534

(a) Identification of state appropriations for reentry	4535
programs;	4536

(b) Identification of other funding sources for reentry	4537
programs that are not funded by the state;	4538

(2) The coalition shall gather information about reentry	4539
programs in a repository maintained and made available by the	4540
coalition. Where available, the information shall include the	4541
following:	4542

(a) The amount of funding received;

4543

(b) The number of program participants;

4544

(c) The composition of the program, including program goals,	4545
methods for measuring success, and program success rate;	4546

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

4547

(e) Information about employment rates and recidivism rates	4548
of ex-offenders.	4549

(E) The coalition shall cease to exist on December 31, ~~2014~~	4550
2019.	4551

Sec. 5120.651. An inmate is eligible to participate in the	4552
prison nursery program if she is pregnant at the time she is	4553
delivered into the custody of the department of rehabilitation and	4554
correction, she gives birth on or after the date the program is	4555
implemented, she is subject to a sentence of imprisonment of not	4556
more than ~~eighteen months~~three years, and she and the child meet	4557
any other criteria established by the department.	4558

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

4559

(1) "Commitment" means the transfer of the physical custody	4560
of a child or youth from the court to the department of youth	4561
services.	4562

(2) "Permanent commitment" means a commitment that vests	4563
legal custody of a child in the department of youth services.	4564

(3) "Legal custody," insofar as it pertains to the status	4565
that is created when a child is permanently committed to the	4566
department of youth services, means a legal status in which the	4567
department has the following rights and responsibilities: the	4568
right to have physical possession of the child; the right and duty	4569
to train, protect, and control the child; the responsibility to	4570
provide the child with food, clothing, shelter, education, and	4571
medical care; and the right to determine where and with whom the	4572
child shall live, subject to the minimum periods of, or periods	4573
of, institutional care prescribed in sections 2152.13 to 2152.18	4574
of the Revised Code; provided, that these rights and	4575
responsibilities are exercised subject to the powers, rights,	4576
duties, and responsibilities of the guardian of the person of the	4577
child, and subject to any residual parental rights and	4578
responsibilities.	4579

(4) Unless the context requires a different meaning,	4580
"institution" means a state facility that is created by the	4581
general assembly and that is under the management and control of	4582
the department of youth services or a private entity with which	4583
the department has contracted for the institutional care and	4584
custody of felony delinquents.	4585

(5) "Full-time care" means care for twenty-four hours a day	4586
for over a period of at least two consecutive weeks.	4587

(6) "Placement" means the conditional release of a child	4588
under the terms and conditions that are specified by the	4589
department of youth services. The department shall retain legal	4590
custody of a child released pursuant to division (C) of section	4591
2152.22 of the Revised Code or division (C) of section 5139.06 of	4592
the Revised Code until the time that it discharges the child or	4593
until the legal custody is terminated as otherwise provided by	4594
law.	4595

(7) "Home placement" means the placement of a child in the	4596
home of the child's parent or parents or in the home of the	4597
guardian of the child's person.	4598

(8) "Discharge" means that the department of youth services'	4599
legal custody of a child is terminated.	4600

(9) "Release" means the termination of a child's stay in an	4601
institution and the subsequent period during which the child	4602
returns to the community under the terms and conditions of	4603
supervised release.	4604

(10) "Delinquent child" has the same meaning as in section	4605
2152.02 of the Revised Code.	4606

(11) "Felony delinquent" means any child who is at least ten	4607
years of age but less than eighteen years of age and who is	4608
adjudicated a delinquent child for having committed an act that if	4609
committed by an adult would be a felony. "Felony delinquent"	4610
includes any adult who is between the ages of eighteen and	4611
twenty-one and who is in the legal custody of the department of	4612
youth services for having committed an act that if committed by an	4613
adult would be a felony.	4614

(12) "Juvenile traffic offender" has the same meaning as in	4615
section 2152.02 of the Revised Code.	4616

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

4617

(a) Felony delinquents who have been committed to the	4618
department of youth services for the commission of an act, other	4619
than a violation of section 2911.01 or 2911.11 of the Revised	4620
Code, that is a category one offense or a category two offense and	4621
who are in the care and custody of an institution or have been	4622
diverted from care and custody in an institution and placed in a	4623
community corrections facility;	4624

(b) Felony delinquents who, while committed to the department	4625
of youth services and in the care and custody of an institution or	4626
a community corrections facility, are adjudicated delinquent	4627
children for having committed in that institution or community	4628
corrections facility an act that if committed by an adult would be	4629
a misdemeanor or a felony;	4630

4631

(i) They are at least ten years of age but less than eighteen	4632
years of age.	4633

(ii) They are adjudicated delinquent children for having	4634
committed acts that if committed by an adult would be a felony.	4635

(iii) They are committed to the department of youth services	4636
by the juvenile court of a county that has had one-tenth of one	4637
per cent or less of the statewide adjudications for felony	4638
delinquents as averaged for the past four fiscal years.	4639

(iv) They are in the care and custody of an institution or a	4640
community corrections facility.	4641

(d) Felony delinquents who, while committed to the department	4642
of youth services and in the care and custody of an institution	4643
are serving disciplinary time for having committed an act	4644
described in division (A)(18)(a), (b), or (c) of this section, and	4645
who have been institutionalized or institutionalized in a secure	4646
facility for the minimum period of time specified in divisions	4647
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.	4648

(e) Felony delinquents who are subject to and serving a	4649
three-year period of commitment order imposed by a juvenile court	4650
pursuant to divisions (A) and (B) of section 2152.17 of the	4651
Revised Code for an act, other than a violation of section 2911.11	4652
of the Revised Code, that would be a category one offense or	4653
category two offense if committed by an adult.	4654

(f) Felony delinquents who are described in divisions	4655
(A)(13)(a) to (e) of this section, who have been granted a	4656
judicial release to court supervision under division (B) or (D) of	4657
section 2152.22 of the Revised Code or a judicial release to the	4658
department of youth services supervision under division (C) or (D)	4659
of that section from the commitment to the department of youth	4660
services for the act described in divisions (A)(13)(a) to (e) of	4661
this section, who have violated the terms and conditions of that	4662
release, and who, pursuant to an order of the court of the county	4663
in which the particular felony delinquent was placed on release	4664
that is issued pursuant to division (E) of section 2152.22 of the	4665
Revised Code, have been returned to the department for	4666
institutionalization or institutionalization in a secure facility.	4667

(g) Felony delinquents who have been committed to the custody	4668
of the department of youth services, who have been granted	4669
supervised release from the commitment pursuant to section 5139.51	4670
of the Revised Code, who have violated the terms and conditions of	4671
that supervised release, and who, pursuant to an order of the	4672
court of the county in which the particular child was placed on	4673
supervised release issued pursuant to division (F) of section	4674
5139.52 of the Revised Code, have had the supervised release	4675
revoked and have been returned to the department for	4676
institutionalization. A felony delinquent described in this	4677
division shall be a public safety bed only for the time during	4678
which the felony delinquent is institutionalized as a result of	4679
the revocation subsequent to the initial ~~thirty-day~~ninety-day	4680
period of institutionalization required by division (F) of section	4681
5139.52 of the Revised Code.	4682

(14) Unless the context requires a different meaning,	4683
"community corrections facility" means a county or multicounty	4684
rehabilitation center for felony delinquents who have been	4685
committed to the department of youth services and diverted from	4686
care and custody in an institution and placed in the	4687
rehabilitation center pursuant to division (E) of section 5139.36	4688
of the Revised Code.	4689

(15) "Secure facility" means any facility that is designed	4690
and operated to ensure that all of its entrances and exits are	4691
under the exclusive control of its staff and to ensure that,	4692
because of that exclusive control, no child who has been	4693
institutionalized in the facility may leave the facility without	4694
permission or supervision.	4695

(16) "Community residential program" means a program that	4696
satisfies both of the following:	4697

(a) It is housed in a building or other structure that has no	4698
associated major restraining construction, including, but not	4699
limited to, a security fence.	4700

(b) It provides twenty-four-hour care, supervision, and	4701
programs for felony delinquents who are in residence.	4702

(17) "Category one offense" and "category two offense" have	4703
the same meanings as in section 2151.26 of the Revised Code.	4704

(18) "Disciplinary time" means additional time that the	4705
department of youth services requires a felony delinquent to serve	4706
in an institution, that delays the felony delinquent's planned	4707
release, and that the department imposes upon the felony	4708
delinquent following the conduct of an internal due process	4709
hearing for having committed any of the following acts while	4710
committed to the department and in the care and custody of an	4711
institution:	4712

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

4713

(b) An act that if committed by an adult would be a	4714
misdemeanor;	4715

(c) An act that is not described in division (A)(18)(a) or	4716
(b) of this section and that violates an institutional rule of	4717
conduct of the department.	4718

(19) "Unruly child" has the same meaning as in section	4719
2151.022 of the Revised Code.	4720

(20) "Revocation" means the act of revoking a child's	4721
supervised release for a violation of a term or condition of the	4722
child's supervised release in accordance with section 5139.52 of	4723
the Revised Code.	4724

(21) "Release authority" means the release authority of the	4725
department of youth services that is established by section	4726
5139.50 of the Revised Code.	4727

(22) "Supervised release" means the event of the release of a	4728
child under this chapter from an institution and the period after	4729
that release during which the child is supervised and assisted by	4730
an employee of the department of youth services under specific	4731
terms and conditions for reintegration of the child into the	4732
community.	4733

(23) "Victim" means the person identified in a police report,	4734
complaint, or information as the victim of an act that would have	4735
been a criminal offense if committed by an adult and that provided	4736
the basis for adjudication proceedings resulting in a child's	4737
commitment to the legal custody of the department of youth	4738
services.	4739

(24) "Victim's representative" means a member of the victim's	4740
family or another person whom the victim or another authorized	4741
person designates in writing, pursuant to section 5139.56 of the	4742
Revised Code, to represent the victim with respect to proceedings	4743
of the release authority of the department of youth services and	4744
with respect to other matters specified in that section.	4745

(25) "Member of the victim's family" means a spouse, child,	4746
stepchild, sibling, parent, stepparent, grandparent, other	4747
relative, or legal guardian of a child but does not include a	4748
person charged with, convicted of, or adjudicated a delinquent	4749
child for committing a criminal or delinquent act against the	4750
victim or another criminal or delinquent act arising out of the	4751
same conduct, criminal or delinquent episode, or plan as the	4752
criminal or delinquent act committed against the victim.	4753

(26) "Judicial release to court supervision" means a release	4754
of a child from institutional care or institutional care in a	4755
secure facility that is granted by a court pursuant to division	4756
(B) of section 2152.22 of the Revised Code during the period	4757
specified in that division or that is granted by a court to court	4758
supervision pursuant to division (D) of that section during the	4759
period specified in that division.	4760

(27) "Judicial release to department of youth services	4761
supervision" means a release of a child from institutional care or	4762
institutional care in a secure facility that is granted by a court	4763
pursuant to division (C) of section 2152.22 of the Revised Code	4764
during the period specified in that division or that is granted to	4765
department supervision by a court pursuant to division (D) of that	4766
section during the period specified in that division.	4767

(28) "Juvenile justice system" includes all of the functions	4768
of the juvenile courts, the department of youth services, any	4769
public or private agency whose purposes include the prevention of	4770
delinquency or the diversion, adjudication, detention, or	4771
rehabilitation of delinquent children, and any of the functions of	4772
the criminal justice system that are applicable to children.	4773

(29) "Metropolitan county criminal justice services agency"	4774
means an agency that is established pursuant to division (A) of	4775
section 5502.64 of the Revised Code.	4776

(30) "Administrative planning district" means a district that	4777
is established pursuant to division (A) or (B) of section 5502.66	4778
of the Revised Code.	4779

(31) "Criminal justice coordinating council" means a criminal	4780
justice services agency that is established pursuant to division	4781
(D) of section 5502.66 of the Revised Code.	4782

(32) "Comprehensive plan" means a document that coordinates,	4783
evaluates, and otherwise assists, on an annual or multi-year	4784
basis, all of the functions of the juvenile justice systems of the	4785
state or a specified area of the state, that conforms to the	4786
priorities of the state with respect to juvenile justice systems,	4787
and that conforms with the requirements of all federal criminal	4788
justice acts. These functions include, but are not limited to, all	4789
of the following:	4790

(a) Delinquency;

4791

(b) Identification, detection, apprehension, and detention of	4792
persons charged with delinquent acts;	4793

(c) Assistance to crime victims or witnesses, except that the	4794
comprehensive plan does not include the functions of the attorney	4795
general pursuant to sections 109.91 and 109.92 of the Revised	4796
Code;	4797

(d) Adjudication or diversion of persons charged with	4798
delinquent acts;	4799

(e) Custodial treatment of delinquent children;

4800

(f) Institutional and noninstitutional rehabilitation of	4801
delinquent children.	4802

(B) There is hereby created the department of youth services.	4803
The governor shall appoint the director of the department with the	4804
advice and consent of the senate. The director shall hold office	4805
during the term of the appointing governor but subject to removal	4806
at the pleasure of the governor. Except as otherwise authorized in	4807
section 108.05 of the Revised Code, the director shall devote the	4808
director's entire time to the duties of the director's office and	4809
shall hold no other office or position of trust or profit during	4810
the director's term of office.	4811

The director is the chief executive and administrative	4812
officer of the department and has all the powers of a department	4813
head set forth in Chapter 121. of the Revised Code. The director	4814
may adopt rules for the government of the department, the conduct	4815
of its officers and employees, the performance of its business,	4816
and the custody, use, and preservation of the department's	4817
records, papers, books, documents, and property. The director	4818
shall be an appointing authority within the meaning of Chapter	4819
124. of the Revised Code. Whenever this or any other chapter or	4820
section of the Revised Code imposes a duty on or requires an	4821
action of the department, the duty or action shall be performed by	4822
the director or, upon the director's order, in the name of the	4823
department.	4824

Sec. 5139.52. (A) At any time during a child's supervised	4825
release or during the period of a child's judicial release to	4826
department of youth services supervision, if the regional	4827
administrator or the employee of the department assigned to	4828
supervise and assist the child has reasonable grounds to believe	4829
that the child has violated a term or condition of the supervised	4830
release or judicial release, the administrator or employee may	4831
request a court to issue a summons that requires the child to	4832
appear for a hearing to answer charges of the alleged violation.	4833
The summons shall contain a brief statement of the alleged	4834
violation, including the date and place of the violation, and	4835
shall require the child to appear for a hearing before the court	4836
at a specific date, time, and place.	4837

(B)(1) At any time while a child is on supervised release or	4838
during the period of a child's judicial release to department of	4839
youth services supervision, a regional administrator or a designee	4840
of a regional administrator, upon application of the employee of	4841
the department assigned to supervise and assist the child as	4842
described in this division, may issue, or cause to be issued, an	4843
order of apprehension for the arrest of the child for the alleged	4844
violation of a term or condition of the child's supervised release	4845
or judicial release. An application requesting an order of	4846
apprehension shall set forth that, in the good faith judgment of	4847
the employee of the department assigned to supervise and assist	4848
the child making the application, there is reasonable cause to	4849
believe that the child who is on supervised release or judicial	4850
release to department of youth services supervision has violated	4851
or is violating a term or condition of the child's supervised	4852
release or judicial release, shall state the basis for that	4853
belief, and shall request that the child be taken to an	4854
appropriate place of secure detention pending a probable cause	4855
determination. As an alternative to an order of apprehension for	4856
the child, a regional administrator or the employee of the	4857
department assigned to supervise and assist the child may request	4858
a court to issue a warrant for the arrest of the child.	4859

Subject to the provision of prior notice required by division	4860
(D)(1) of this section, if a regional administrator or a designee	4861
of a regional administrator issues, in writing, an order of	4862
apprehension for the arrest of a child, a staff member of the	4863
department of youth services who has been designated pursuant to	4864
division (A)(1) of section 5139.53 of the Revised Code as being	4865
authorized to arrest and who has received the training described	4866
in division (B)(1) of that section, or a peace officer, as defined	4867
in section 2935.01 of the Revised Code, may arrest the child,	4868
without a warrant, and place the child in secure detention in	4869
accordance with this section.	4870

If a child is on supervised release or judicial release to	4871
department of youth services supervision, any peace officer, as	4872
defined in section 2935.01 of the Revised Code, may arrest the	4873
child without a warrant or order of apprehension if the peace	4874
officer has reasonable grounds to believe that the child has	4875
violated or is violating any of the following that has been	4876
prescribed by the release authority or department of youth	4877
services relative to the child:	4878

(a) A condition that prohibits the child's ownership,	4879
possession, or use of a firearm, deadly weapon, ammunition, or	4880
dangerous ordnance, all as defined in section 2923.11 of the	4881
Revised Code;	4882

(b) A condition that prohibits the child from being within a	4883
specified structure or geographic area;	4884

(c) A condition that confines the child to a residence,	4885
facility, or other structure;	4886

(d) A condition that prohibits the child from contacting or	4887
communicating with any specified individual;	4888

(e) A condition that prohibits the child from associating	4889
with a specified individual;	4890

(f) Any other rule, term, or condition governing the conduct	4891
of the child that has been prescribed by the release authority.	4892

(2) Subject to the provision of prior notice required by	4893
division (D)(1) of this section, a staff member of the department	4894
of youth services who is designated by the director pursuant to	4895
division (A)(1) of section 5139.53 of the Revised Code and who has	4896
received the training described in division (B)(1) of that	4897
section, a peace officer, as defined in section 2935.01 of the	4898
Revised Code, or any other officer with the power to arrest may	4899
execute a warrant or order of apprehension issued under division	4900
(B)(1) of this section and take the child into secure custody.	4901

(C) A staff member of the department of youth services who is	4902
designated by the director of youth services pursuant to division	4903
(A)(1) of section 5139.53 of the Revised Code and who has received	4904
the training described in division (B)(1) of that section, a peace	4905
officer, as defined in section 2935.01 of the Revised Code, or any	4906
other officer with the power to arrest may arrest without a	4907
warrant or order of apprehension and take into secure custody a	4908
child in the legal custody of the department, if the staff member,	4909
peace officer, or other officer has reasonable cause to believe	4910
that the child who is on supervised release or judicial release to	4911
department of youth services supervision has violated or is	4912
violating a term or condition of the supervised release or	4913
judicial release in any of the following manners:	4914

(1) The child committed or is committing an offense or	4915
delinquent act in the presence of the staff member, peace officer,	4916
or other officer.	4917

(2) There is probable cause to believe that the child	4918
violated a term or condition of supervised release or judicial	4919
release and that the child is leaving or is about to leave the	4920
state.	4921

(3) The child failed to appear before the release authority	4922
pursuant to a summons for a modification or failed to appear for a	4923
scheduled court hearing.	4924

(4) The arrest of the child is necessary to prevent physical	4925
harm to another person or to the child.	4926

(D)(1) Except as otherwise provided in this division, prior	4927
to arresting a child under this section, either in relation to an	4928
order of apprehension or a warrant for arrest or in any other	4929
manner authorized by this section, a staff member or employee of	4930
the department of youth services shall provide notice of the	4931
anticipated arrest to each county, municipal, or township law	4932
enforcement agency with jurisdiction over the place at which the	4933
staff member or employee anticipates making the arrest. A staff	4934
member or employee is not required to provide the notice described	4935
in this division prior to making an arrest in any emergency	4936
situation or circumstance described under division (C) of this	4937
section.	4938

(2) If a child is arrested under this section and if it is	4939
known that the child is on supervised release or judicial release	4940
to department of youth services supervision, a juvenile court,	4941
local juvenile detention facility, or jail shall notify the	4942
appropriate department of youth services regional office that the	4943
child has been arrested and shall provide to the regional office	4944
or to an employee of the department of youth services a copy of	4945
the arrest information pertaining to the arrest.	4946

(3) Nothing in this section limits the power to make an	4947
arrest that is granted to specified peace officers under section	4948
2935.03 of the Revised Code, to any person under section 2935.04	4949
of the Revised Code, or to any other specified category of persons	4950
by any other provision of the Revised Code, or the power to take a	4951
child into custody that is granted pursuant to section 2151.31 of	4952
the Revised Code.	4953

(E) If a child who is on supervised release or who is under a	4954
period of judicial release to department of youth services	4955
supervision is arrested under an order of apprehension, under a	4956
warrant, or without a warrant as described in division (B)(1),	4957
(B)(2), or (C) of this section and taken into secure custody, all	4958
of the following apply:	4959

(1) If no motion to revoke the child's supervised release or	4960
judicial release has been filed within seventy-two hours after the	4961
child is taken into secure custody, the juvenile court, in making	4962
its determinations at a detention hearing as to whether to hold	4963
the child in secure custody up to seventy-two hours so that a	4964
motion to revoke the child's supervised release or judicial	4965
release may be filed, may consider, in addition to all other	4966
evidence and information considered, the circumstances of the	4967
child's arrest and, if the arrest was pursuant to an order of	4968
apprehension, the order and the application for the order.	4969

(2) If no motion to revoke the child's supervised release or	4970
judicial release has been filed within seventy-two hours after the	4971
child is taken into secure custody and if the child has not	4972
otherwise been released prior to the expiration of that	4973
seventy-two-hour period, the child shall be released upon the	4974
expiration of that seventy-two-hour period.	4975

(3) If the person is eighteen, nineteen, or twenty years of	4976
age, the person may be confined in secure detention in the jail of	4977
the county in which the person is taken into custody. If the	4978
person is under eighteen years of age, the person may be confined	4979
in secure detention in the nearest juvenile detention facility.	4980

(4) If a motion to revoke the child's supervised release or	4981
judicial release is filed after the child has been taken into	4982
secure custody and the court decides at the detention hearing to	4983
release the child from secure custody, the court may release the	4984
child on the same terms and conditions that are currently in	4985
effect regarding the child's supervised release or judicial	4986
release, pending revocation or subsequent modification.	4987

(F) If a child who is on supervised release is arrested under	4988
an order of apprehension, under a warrant, or without a warrant as	4989
described in division (B)(1), (B)(2), or (C) of this section and	4990
taken into secure custody, and if a motion to revoke the child's	4991
supervised release is filed, the juvenile court of the county in	4992
which the child is placed promptly shall schedule a time for a	4993
hearing on whether the child violated any of the terms and	4994
conditions of the supervised release. If a child is released on	4995
supervised release and the juvenile court of the county in which	4996
the child is placed otherwise has reason to believe that the child	4997
has not complied with the terms and conditions of the supervised	4998
release, the court of the county in which the child is placed, in	4999
its discretion, may schedule a time for a hearing on whether the	5000
child violated any of the terms and conditions of the supervised	5001
release. If the court of the county in which the child is placed	5002
on supervised release conducts a hearing and determines at the	5003
hearing that the child did not violate any term or condition of	5004
the child's supervised release, the child shall be released from	5005
custody, if the child is in custody at that time, and shall	5006
continue on supervised release under the terms and conditions that	5007
were in effect at the time of the child's arrest, subject to	5008
subsequent revocation or modification. If the court of the county	5009
in which the child is placed on supervised release conducts a	5010
hearing and determines at the hearing that the child violated one	5011
or more of the terms and conditions of the child's supervised	5012
release, the court, if it determines that the violation was a	5013
serious violation, may revoke the child's supervised release,	5014
reinstate the original order of commitment of the child, and order	5015
the child to be returned to the department of youth services for	5016
institutionalization or, in any case, may make any other	5017
disposition of the child authorized by law that the court	5018
considers proper. If the court orders the child to be returned to	5019
a department of youth services institution, the child shall remain	5020
institutionalized for a minimum period of ~~thirty~~ninety days, the	5021
department shall not reduce the minimum ~~thirty-day~~ninety-day	5022
period of institutionalization for any time that the child was	5023
held in secure custody subsequent to the child's arrest and	5024
pending the revocation hearing and the child's return to the	5025
department, the release authority, in its discretion, may require	5026
the child to remain in institutionalization for longer than the	5027
minimum ~~thirty-day~~ninety-day period, ~~and~~ the child is not	5028
eligible for judicial release or early release during the minimum	5029
~~thirty-day~~ninety-day period of institutionalization ~~or any~~, and	5030
the period of institutionalization ~~in excess of~~shall be served	5031
concurrently with any other commitment to the department of youth	5032
services. If the court orders the child to be returned to a	5033
department of youth services institution, the time during which	5034
the child was confined pursuant to division (B) of section 2152.18	5035
of the Revised Code and the time during which the child was held	5036
in a secure department facility prior to the child's release shall	5037
be considered as time served in fulfilling the original order of	5038
commitment but shall not reduce the minimum ~~thirty-day~~ninety-day	5039
period of institutionalization.	5040

This division does not apply regarding a child who is under a	5041
period of judicial release to department of youth services	5042
supervision. Division (E) of section 2152.22 of the Revised Code	5043
applies in relation to a child who is under a period of judicial	5044
release to department of youth services supervision.	5045

(G) The department of youth services shall assess and provide	5046
appropriate programming for a child who is returned to a	5047
department of youth services institution under this section.	5048

Section 2. That existing sections 109.57, 109.572, 109.578,	5049
122.681, 307.932, 1901.44, 1905.202, 1907.25, 2151.311, 2151.356,	5050
2151.357, 2152.26, 2907.27, 2907.28, 2929.12, 2929.141, 2929.20,	5051
2929.26, 2947.09, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321,	5052
2953.35, 2953.36, 2953.53, 2953.61, 2967.26, 4510.111, 4510.16,	5053
5120.07, 5120.651, 5139.01, and 5139.52 of the Revised Code are	5054
hereby repealed.	5055

Section 3. Sections 307.932 and 2929.26 of the Revised Code	5056
are presented in this act as composites of the sections as amended	5057
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th	5058
General Assembly. The General Assembly, applying the principle	5059
stated in division (B) of section 1.52 of the Revised Code that	5060
amendments are to be harmonized if reasonably capable of	5061
simultaneous operation, finds that the composites are the	5062
resulting versions of the sections in effect prior to the	5063
effective date of the sections as presented in this act.	5064