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(122nd General Assembly)(Substitute House Bill Number 602)
AN ACT
To amend sections 2301.02 and 2301.51 of the Revised Code to add one General
Division judge
to the Court of Common Pleas of Lake County to be elected at
the general
election in November 2000, and, in courts of common pleas
in which the presiding judge is not a judge of the court's general division,
to transfer certain functions regarding community-based or district
community-based correctional facilities and programs from the presiding judge
to the administrative judge of the court's general division.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2301.02 and 2301.51 of the Revised Code be amended to
read as
follows:
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows: (A) In Adams, Ashland, Fayette, and Pike counties, one
judge, elected in 1956, term to begin February 9, 1957; In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term to begin February 9, 1955; In Auglaize county, one judge, to be elected in 1956, term
to begin January 9, 1957; In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,
Vinton, and Wyandot counties, one judge, to be elected in 1956,
term to begin January 1, 1957; In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953; In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955; In Henry and Putnam counties, one judge, to be elected in
1956, term to begin May 9, 1957; In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953; In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956; In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979; (B) In Allen county, three judges, one to be elected in
1956, term to begin February 9, 1957, the second to be elected in
1958, term to begin January 1, 1959, and the third to be elected
in 1992, term to begin January 1, 1993; In Ashtabula county, three judges, one to be elected in
1954, term to begin February 9, 1955, one to be elected in 1960,
term to begin January 1, 1961, and one to be elected in 1978,
term to begin January 2, 1979; In Athens county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and one to be elected in 1990,
term to begin July 1, 1991; In Erie county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1970,
term to begin January 2, 1971; In Fairfield county, three judges, one to be elected in
1954, term to begin February 9, 1955, the second to be elected in
1970, term to begin January 1, 1971, and the third to be elected
in 1994, term to begin January 2, 1995; In Geauga county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1976, term to begin January 1, 1977; In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995; In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979; In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977; In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976, term to begin January 2, 1977, and the third to be elected in 1998, term
to begin February 9, 1999; In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995; In Miami county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and one to be elected in 1970,
term to begin on January 1, 1971; In Muskingum county, two judges, one to be elected in 1968,
term to begin August 9, 1969, and one to be elected in 1978, term
to begin January 1, 1979; In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987; In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977; In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960, term to begin January 1, 1961, and the third to be elected
in 1994, term to begin January 2, 1995; In Seneca county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1986, term to begin January 2, 1987; In Warren county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1986, term to begin January 1, 1987; In Washington county, two judges, one to be elected in
1952, term to begin January 1, 1953, and one to be elected in
1986, term to begin January 1, 1987; In Wood county, three judges, one to be elected in 1968,
term beginning January 1, 1969, the second to be elected in 1970,
term to begin January 2, 1971, and the third to be elected in
1990, term to begin January 1, 1991; In Belmont and Jefferson counties, two judges, to be
elected in 1954, terms to begin January 1, 1955, and February 9,
1955, respectively; In Clark county, four judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1956,
term to begin January 2, 1957, the third to be elected in 1986,
term to begin January 3, 1987, and the fourth to be elected in
1994, term to begin January 2, 1995. In Clermont county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, and the fourth to be elected in
1986, term to begin January 2, 1987; In Columbiana county, two judges, one to be elected in
1952, term to begin January 1, 1953, and the second to be elected
in 1956, term to begin January 1, 1957; In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995; In Lake county, five six judges, one to be elected in 1958,
term to begin January 1, 1959, the second to be elected in 1960,
term to begin January 2, 1961, the third to be elected in 1964,
term to begin January 3, 1965, and the fourth and fifth to be
elected in 1978, terms to begin on January 4, 1979, and January
5, 1979, respectively, and the sixth to be elected in 2000, term to
begin January 1, 2001; In Licking county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to begin January 1, 1965, and one to be elected in 1990, term to
begin January 1, 1991; In Lorain county, eight judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively, one to be elected in 1958, term to begin January 3,
1959, one to be elected in 1968, term to begin January 1, 1969,
two to be elected in 1988, terms to begin January 4, 1989,
and January 5, 1989, respectively, and two to be elected in 1998, terms to
begin January 2, 1999, and January 3, 1999, respectively; In Butler county, eight judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms
to begin January 1, 1955, and February 9, 1955, respectively; one
to be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; and one to be elected in 1992, term to begin
January 4, 1993; In Richland county, three judges, one to be elected in
1956, term to begin January 1, 1957, the second to be elected in
1960, term to begin February 9, 1961, and the third to be elected
in 1968, term to begin January 2, 1969; In Tuscarawas county, two judges, one to be elected in
1956, term to begin January 1, 1957, and the second to be elected
in 1960, term to begin January 2, 1961; In Wayne county, two judges, one to be elected in 1956,
term beginning January 1, 1957, and one to be elected in 1968,
term to begin January 2, 1969; In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977; and the sixth to be elected in
1994, term to begin January 3, 1995; (C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January 5, 1965, respectively; one to be elected in 1966, term to
begin on January 10, 1967; four to be elected in 1968, terms to
begin on successive days beginning from January 9, 1969, to
January 12, 1969; two to be elected in 1974, terms to begin on
January 18, 1975, and January 19, 1975, respectively; five to be
elected in 1976, terms to begin on successive days beginning
January 6, 1977, to January 10, 1977; two to be elected in 1982,
terms to begin January 11, 1983, and January 12, 1983,
respectively; and two to be elected in 1986, terms to begin
January 13, 1987, and January 14, 1987, respectively; In Franklin county, twenty-one judges; two to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to be elected in 1976, terms to begin on successive days
beginning January 5, 1977, to January 7, 1977; one to be elected
in 1982, term to begin January 8, 1983; one to be elected in
1986, term to begin January 9, 1987; two to be elected in
1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1996, term to begin
January 2, 1997; In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965; one to be elected in 1974, term to begin January 15, 1975;
one to be elected in 1980, term to begin January 16, 1981; two to
be elected at large in the general election in 1982, terms to
begin April 1, 1983; one to be elected in 1990, term to begin
July 1, 1991; and two to be elected in 1996, terms to begin
January 3, 1997, and January 4, 1997, respectively; In Lucas county, fourteen judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1, 1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993; In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to begin January 1, 1957; one to be elected in 1952, term to
begin January 1, 1953; one to be elected in 1968, term to begin
January 2, 1969; and one to be elected in 1990, term to begin
July 1, 1991; In Montgomery county, fifteen judges; three to be elected
in 1954, terms to begin January 1, 1955, January 2, 1955, and
January 3, 1955, respectively; four to be elected in 1952, terms
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,
1953, respectively; one to be elected in 1964, term to begin
January 3, 1965; one to be elected in 1968, term to begin January
3, 1969; three to be elected in 1976, terms to begin on
successive days beginning January 4, 1977, to January 6, 1977;
two to be elected in 1990, terms to begin July 1, 1991, and July
2, 1991, respectively; and one to be elected in 1992, term to
begin January 1, 1993. In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms to begin on January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1952, terms to begin January
1, 1953, and April 16, 1953, respectively; one to be elected in
1966, term to begin on January 4, 1967; and two to be elected in
1992, terms to begin January 1, 1993, and January 2, 1993,
respectively; In Summit county, eleven judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May
17, 1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991;
and one to be elected in 1992, term to begin January 6, 1993. Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected at the same election, if the office of one of those
judges so elected becomes vacant more than forty days prior to
the second general election preceding the expiration of that
judge's term, the office that that judge had filled shall be
abolished as of the date of the next general election, and a new
office of judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a
six-year term at the next general election, and the term
of that judge shall commence on the first day of the year following
that general
election, on which day no other judge's term begins, so that the
number of judges which such that the county shall elect shall
not be
reduced. Judges of the probate division of the court of common pleas
are judges of the court of common pleas, but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and
Wyandot counties in which the judge of the court of common pleas
elected pursuant to this section shall also shall serve as judge
of the
probate division. Sec. 2301.51. (A)(1) The court of common pleas of any
county that has a population of two hundred thousand or more may
formulate a community-based correctional proposal that, upon
implementation, would provide a community-based correctional
facility and program for the use of that court in accordance with
sections 2301.51 to 2301.56 of the Revised Code. Upon the
approval of the director of rehabilitation and correction, the
court of common pleas of any county that has a population of two
hundred thousand or more may formulate more than one
community-based correctional proposal. In determining whether to
grant approval to a court to formulate more than one
proposal, the director shall consider the rate at which the
county served by the court commits felony offenders to the state
correctional system. If a court formulates more than
one proposal, each proposal shall be for a separate
community-based correctional facility and program. For each community-based correctional proposal formulated
under this division, the fact that the proposal has been
formulated and the fact of any subsequent establishment of a
community-based correctional facility and program pursuant to the
proposal shall be entered upon the journal of the court. A
county's community-based correctional facilities and programs
shall be administered by a judicial corrections board. The
presiding judge of the court or, if the presiding judge is not a judge of
the general division of the court, the administrative judge of the general
division shall designate the members of the
board, who shall be judges of the court. The total number of
members of the board shall not exceed eleven. The presiding
judge of the court who is authorized to designate the members of the
board shall serve as chairman chairperson of the
board. (2) The courts of common pleas of two or more adjoining or
neighboring counties that have an aggregate population of two
hundred thousand or more may form a judicial corrections board
and proceed to organize a district and formulate a district
community-based correctional proposal that, upon implementation,
would provide a district community-based correctional facility
and program for the use of the member courts in accordance with
sections 2301.51 to 2301.56 of the Revised Code. Upon the
approval of the director of rehabilitation and correction, a
judicial corrections board may formulate more than one district
community-based correctional proposal. In determining whether to
grant approval to a judicial corrections board to formulate
more than one proposal, the director shall consider the rate at
which the counties that formed the board commit felony offenders
to the state correctional system. If a judicial
corrections board formulates more than one proposal, each
proposal shall be for a separate district community-based
correctional facility and program. The judicial corrections
board shall consist of not more than eleven judges of the member
courts of common pleas, and each member court shall be
represented on the board by at least one judge. The presiding
judge of the court of common pleas of the county with the
greatest population or, if that presiding judge is not a judge of the
general division of that court, the administrative judge of the general
division of that court shall serve as chairperson of the
board. The
fact of the formation of a board and district, and, for each
district community-based correctional proposal formulated under
this division, the fact that the proposal has been formulated and
the fact of any subsequent establishment of a district
community-based correctional facility and program shall be
entered upon the journal of each member court of common pleas. (B)(1) Each proposal for the establishment of a
community-based correctional facility and program or district
community-based correctional facility and program that is
formulated pursuant to division (A) of this section shall be
submitted by the judicial corrections board to the division of parole and
community services for its approval under section 5120.10 of the Revised Code. (2) No person shall be sentenced
to or placed in a
community-based correctional facility and program or to a
district community-based correctional facility and program
by a court pursuant to
section
2929.16 or 2929.17 of the Revised Code or by the parole board
pursuant to section 2967.28 of the Revised Code,
or otherwise committed or admitted to a
facility and
program of that type until after
the proposal for the establishment of the facility and program
has been approved by the
division of parole and community services under section 5120.10
of the Revised
Code. A person
shall be sentenced to a facility
and program of
that type only pursuant to a sanction imposed by a court pursuant
to section
2929.16 or 2929.17 of the Revised Code as the sentence or as any part of the
sentence of the
person or
otherwise shall be committed or referred to a facility and program of
that
type only
when authorized by law. (C) Upon the approval by the division of parole and community services of a
proposal for the establishment
of a community-based correctional facility and program or
district community-based correctional facility and program
submitted to it under division (B) of this section, the judicial
corrections board that submitted the proposal may establish and
operate the facility and program addressed by the proposal in
accordance with the approved proposal and division
(B)(2) of this section. The
judicial
corrections board may submit a request for funding of some or all
of its community-based correctional facilities and programs or
district community-based correctional facilities and programs to
the board of county commissioners of the county, if the judicial
corrections board serves a community-based correctional facility
and program, or to the boards of county commissioners of all of
the member counties, if the judicial corrections board serves a
district community-based correctional facility and program. The
board or boards may appropriate, but are not required to
appropriate, a sum of money for funding all aspects of each
facility and program as outlined in sections 2301.51 to 2301.56
of the Revised Code. The judicial corrections board has no
recourse against a board or boards of county commissioners,
either under Chapter 2731. of the Revised Code, under its
contempt power, or under any other authority, if the board or
boards of county commissioners do not appropriate money for
funding any facility or program or if they appropriate money for
funding a facility and program in an amount less than the total
amount of the submitted request for funding. (D)(1) If a court of common pleas that is being served by
any community-based correctional facility and program established
pursuant to division (C) of this section determines that it no
longer wants to be served by the facility and program, the court
may dissolve the facility and program by entering upon the
journal of the court the fact of the determination to dissolve
the facility and program and by notifying, in writing, the
division of parole and community services
of the determination to dissolve the facility
and program. If the court is served by more than one
community-based correctional facility and program, it may
dissolve some or all of the facilities and programs and, if it
does not dissolve all of the facilities and programs, it shall
continue the operation of the remaining facilities and programs. (2) If all of the courts of common pleas being served by
any district community-based correctional facility and program
established pursuant to division (C) of this section determine
that they no longer want to be served by the facility and
program, the courts may dissolve the facility and program by
entering upon the journal of each court the fact of the
determination to dissolve the facility and program and by the
presiding judge of the court of common pleas of the county with
the greatest population who serves as chairperson of the judicial
corrections board notifying, in writing, the
division of parole and community services of the determination to
dissolve the facility and program. If the courts are served by
more than one community-based correctional facility and program,
they may dissolve some or all of the facilities and programs and,
if they do not dissolve all of the facilities and programs, they
shall continue the operation of the remaining facilities and
programs. (3) If at least one, but not all, of the courts of common pleas
being served by one or more district community-based correctional
facilities and programs established pursuant to division (C) of
this section determines that it no longer wants to be served by
the facilities and programs, the court may terminate its
involvement with each of the facilities and programs by entering
upon the journal of the court the fact of the determination to
terminate its involvement with the facilities and programs and by
the court notifying, in writing, the
division of parole and community services of the determination to terminate
its
involvement with the facilities and programs. If at least one, but not all, of the courts of common pleas being
served by one or more district community-based correctional
facilities and programs terminates its involvement with each of
the facilities and programs in accordance with this division, the
other courts of common pleas being served by the facilities and
programs may continue to be served by each of the facilities and
programs if the other counties are adjoining or neighboring counties and have
an aggregate population of two hundred thousand or more. (E) Nothing in this section, sections 2301.52 to 2301.56,
or section 5120.10,
5120.111, or 5120.122 of the Revised Code modifies or
affects or shall be interpreted as modifying or affecting
sections 5149.30 to 5149.37 of the Revised Code. SECTION 2 . That existing sections 2301.02 and 2301.51 of the Revised Code are
hereby repealed.
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