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As Reported by House Criminal Justice Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 349 |
REPRESENTATIVES COUGHLIN-CALLENDER-WILLAMOWSKI-TAYLOR-
A. CORE
A BILL
To amend sections 307.93, 341.06, 341.21, 341.23, 753.02, 753.04, 753.16,
2305.234, 2921.36, 2929.01, 2929.15, 2929.17,
2929.19, 2951.02, 2951.03, 2951.05, 2951.08, 2967.01,
2967.131, and 4511.83 and to enact sections 341.26,
753.33, and 5120.63 of the Revised Code to require the Department of
Rehabilitation and Correction to establish and administer a statewide random
drug testing program for prisoners; to authorize the
Department to contract with
laboratories to perform random drug testing of prisoners
in state correctional institutions; to authorize county and
municipal authorities to enter into such
contracts for the
random drug testing of county jail prisoners and municipal
prisoners; to specifically permit probation authorities and the
Adult Parole Authority to cause offenders
on probation,
suspension of sentence, community control sanction, parole, or
post-release control to submit to random drug testing;
to authorize the
imposition of a fee for the test if a prisoner fails the drug
test and the imposition of bad time upon certain prisoners
who fail the drug test; and to increase the penalty for illegal conveyance of
drugs of abuse onto the grounds of a detention facility or a mental health or
mental retardation and developmental disabilities institution.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.93, 341.06, 341.21, 341.23, 753.02, 753.04,
753.16, 2305.234, 2921.36, 2929.01, 2929.15,
2929.17, 2929.19, 2951.02, 2951.03, 2951.05, 2951.08,
2967.01, 2967.131, and 4511.83 be amended and sections
341.26, 753.33, and 5120.63 of the Revised Code be
enacted to read as follows:
Sec. 307.93. (A) The boards of county commissioners of
two or more adjacent counties may contract for the joint
establishment of a multicounty correctional center, and the board
of county commissioners of a county or the boards of two or more
counties may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal correctional center. The center shall
augment county and, where applicable, municipal jail programs and
facilities by providing custody and rehabilitative programs for
those persons under the charge of the sheriff of any of the
contracting counties or of the officer or officers of the
contracting municipal corporation or municipal corporations
having charge of persons incarcerated in the municipal jail,
workhouse, or other correctional facility who, in the opinion of
the sentencing court, need programs of custody and rehabilitation
not available at the county or municipal jail and by providing
custody and rehabilitative programs in accordance with division
(C) of this section, if applicable. The contract may include,
but need not be limited to, provisions regarding the acquisition,
construction, maintenance, repair, termination of operations, and
administration of the center. The contract shall prescribe the
manner of funding of, and debt assumption for, the center and the
standards and procedures to be followed in the operation of the
center. Except as provided in division
(H) of this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each
participating county, or, if the court of common pleas of a
participating county has only one judge, then that judge, the
chief of police of each participating municipal corporation, the
mayor or city manager of each participating municipal
corporation, and the presiding judge or the sole judge of the
municipal court of each participating municipal corporation. Any
of the foregoing officers may appoint a designee to serve in the officer's
place on the corrections commission. The standards and
procedures shall be formulated and agreed to by the commission
and may be amended at any time during the life of the contract by
agreement of the parties to the contract upon the advice of the
commission. The standards and procedures formulated by the
commission shall include, but need not be limited to, designation
of the person in charge of the center, the categories of
employees to be employed at the center, the appointing authority
of the center, and the standards of treatment and security to be
maintained at the center. The person in charge of, and all
persons employed to work at, the center shall have all the powers
of police officers as THAT are necessary for the proper
performance of the duties relating to their positions at the center.
(B) Each board of county commissioners that enters a
contract under division (A) of this section may appoint a
building commission pursuant to section 153.21 of the Revised
Code. If any commissions are appointed, they shall function
jointly in the construction of a multicounty or
multicounty-municipal correctional center with all the powers and
duties authorized by law.
(C) Prior to the acceptance for custody and rehabilitation into
a center established under this section of any persons who are designated by
the department of rehabilitation and correction, who plead guilty to or are
convicted of a felony of the fourth or fifth degree, and who satisfy the other
requirements listed in section 5120.161 of the Revised Code, the corrections
commission of a center established
under this section shall enter into an agreement with the
department of rehabilitation and correction under section
5120.161 of the Revised Code for the custody and rehabilitation
in the center of persons who are designated by the department,
who plead guilty to or are convicted of a felony of the fourth or fifth
degree, and who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in
the center pursuant to an agreement entered into under this
division shall be subject to
supervision and control in the manner described in section
5120.161 of the Revised Code. This division does not affect the authority
of a court to directly sentence a person who is convicted of or pleads guilty
to a felony to the center in accordance with section 2929.16 of the Revised
Code.
(D)(1) Each board of county commissioners and the legislative
authority of each municipal corporation that enters into a
contract under division (A) of this section may require a person
who was convicted of an offense,
who is under the charge of the sheriff of their county or of the
officer or officers of the contracting municipal corporation or
municipal corporations having charge of persons incarcerated in
the municipal jail, workhouse, or other correctional facility,
and who is confined in the multicounty, MUNICIPAL-COUNTY,
or multicounty-municipal correctional center as provided in that division, to
reimburse
the applicable county or municipal corporation for its expenses
incurred by reason of the person's confinement in the center. The expenses of
confinement include, but are not limited to, the
expenses relating to the provision of food, clothing,
shelter, medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation incurred
relating to the trial of the
person. The amount of reimbursement may be the actual cost of the
person's
confinement plus the authorized trial overtime costs or a lesser amount
determined by the board of county commissioners
of the county or the legislative authority of the municipal corporation,
provided that the lesser amount shall be determined by a formula that is
uniformly applied to persons incarcerated in the center. The amount
of reimbursement shall be determined by a
court at a hearing held pursuant to section 2929.18 of the Revised Code if
the person is confined for a felony or section 2929.223 of the
Revised Code if the person is confined for a
misdemeanor. The
amount or amounts paid in
reimbursement by a person confined for a misdemeanor or
the amount recovered from a person confined for a
misdemeanor by executing upon the judgment obtained pursuant to section
2929.223 of the Revised Code shall be paid into the treasury of the county or
municipal corporation that incurred the expenses. If a person
is confined for a felony and the court
imposes a sanction under section 2929.18 of the Revised Code
that requires the person to reimburse the costs of
confinement, the
prosecuting attorney of the county or the director of law of the municipal
corporation shall bring an action to recover the expenses
of the confinement in accordance with section 2929.18 of the Revised Code.
(2) Each board of county commissioners and the legislative authority of
each municipal corporation that enters into a contract under division
(A) of this section may adopt a resolution or
ordinance specifying that a person who was convicted of a felony, who is under
the charge of the sheriff of their county or of an officer of one of the
contracting municipal corporations having charge of
persons incarcerated in the municipal jail, workhouse, or other facility, and
who is confined in the multicounty, MUNICIPAL-COUNTY, or
multicounty-municipal correctional center as provided in that division is not
required to reimburse the applicable county
or municipal corporation for its expenses incurred by reason of the person's
confinement in the center, including the expenses listed in division
(D)(1) of this section. If the boards and
legislative authorities adopt a resolution or ordinance
of that nature, the boards and legislative authorities shall provide a copy to
the courts of common pleas of their counties, and the court that sentences a
person convicted of a felony shall not impose a sanction under section 2929.18
of the Revised Code that requires the person to reimburse the costs of the
confinement.
(E) In lieu of requiring offenders to reimburse the county for expenses
incurred by reason of the person's confinement under division (D) of this
section, each board of county commissioners and the legislative authority of
each municipal corporation that enters into a contract under division (A) of
this section may jointly adopt a prisoner reimbursement policy for the center
pursuant to this section to be administered by the person appointed under
division (A) of this section to be in charge of the center. The person in
charge may appoint a reimbursement coordinator to administer the center's
prisoner reimbursement policy. A prisoner reimbursement policy adopted under
this division is a policy that requires a person confined to the center to
reimburse the applicable political subdivisions for any expenses incurred by
reason of the person's confinement in the center, which expenses may include,
but are not limited to, the following:
(1) A per diem fee for room and board of not more than sixty dollars per day
or the actual per diem cost, whichever is less, for the entire period of time
the person is confined to the center;
(2) Actual charges for medical and dental treatment, AND THE
FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION
341.26 of the Revised Code;
(3) Reimbursement for government property damaged by the person while
confined to the center.
Rates charged shall be on a sliding scale determined by the corrections
commission based on the ability of the person confined to the center to pay
and on consideration of any legal obligation of the person to support a
spouse, minor children, or other dependents and any moral obligation to
support dependents to whom the person is providing or has in fact provided
support.
The reimbursement coordinator or another person designated by the person in
charge may investigate the financial status of the confined person and obtain
information necessary to investigate that status, by means that may include
contacting employers and reviewing income tax records. The coordinator may
work with the confined person to create a repayment plan to be implemented
upon the person's release. At the end of that person's incarceration, the
person shall be presented with a billing statement.
The reimbursement coordinator or another person designated by the person in
charge of the center may collect, or the corrections commission may enter into
a contract with one or more public agencies or private vendors to collect, any
amounts remaining unpaid. Within twelve months after the date of the confined
person's release, the prosecuting
attorney, city director of law, or village solicitor of a participating
political subdivision may file a civil action to seek reimbursement from that
person for any billing amount that remains unpaid. The participating
political subdivisions shall not enforce any judgment obtained under this
section by means of execution against the person's homestead. For purposes of
this section, "homestead" has the same meaning as in division (A) of section
323.151 of the Revised Code. Any reimbursement received under this section
shall be credited to the general fund of the political subdivision that bore
the expense, to be used for general fund purposes.
(F)(1) Notwithstanding any contrary provision in this section or
section 2929.18 or 2929.223 of the Revised Code, the corrections commission of
a center may establish a policy that requires any person who is not indigent
and who is confined in the multicounty, municipal-county, or
multicounty-municipal correctional center to pay a reasonable fee for any
medical treatment or service requested by and provided to that person OR TO
PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF
SECTION 341.26 of the Revised Code. This THE
fee FOR THE MEDICAL TREATMENT OR SERVICE
shall not exceed the actual cost of the treatment or service provided. No
person confined to a multicounty, municipal-county, or multicounty-municipal
correctional center who is indigent shall be required to pay those fees, and
no person who is confined to a correctional center of that type shall be
denied any necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of
the required fee may be automatically deducted from a person's account record
in the center's business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the person's
confinement in the center if funds later become available in the person's
account. If the person is released from the center and has an unpaid balance
of these fees, the corrections commission may bill the person for payment of
the remaining unpaid fees. Fees received for medical treatment or services
shall be paid into the commissary fund, if one has been created for the
center, or if no such fund exists, into the treasuries of the political
subdivisions that incurred the expenses of those treatments and services, in
the same proportion as those expenses were borne by those political
subdivisions.
(2) If a person confined to a multicounty, municipal-county, or
multicounty-municipal correctional center is required under division (D) or
(E) of this section or section 2929.18 or 2929.223
of the Revised Code to reimburse a county or municipal corporation for
expenses incurred by reason of the person's confinement to the center, any
fees paid by the person under division (F)(1) of this section shall be
deducted from the expenses required to be reimbursed under division (D) or (E)
of this section or section 2929.18 or 2929.223 of the Revised Code.
(G)(1) The corrections commission of a center
established under this section may establish a commissary for the
center. The commissary may be established either in-house or by
another arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A person's purchases from the commissary shall be
deducted from the person's account record in the center's
business office. The commissary shall provide for the
distribution to indigent persons incarcerated in the center of
necessary hygiene articles and writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve shall be considered profits. All profits from the
commissary fund shall be used to purchase supplies and equipment
for the benefit of persons incarcerated in the center. The
corrections commission shall adopt rules and regulations for the
operation of any commissary fund it establishes.
(H) In lieu of forming a corrections commission to administer a
multicounty correctional center or a municipal-county or
multicounty-municipal correctional center, the boards of county commissioners
and the legislative authorities of the municipal corporations contracting to
establish the center may also agree to contract for the private operation and
management of the center as provided in section 9.06 of the Revised Code, but
only if the center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards and
legislative authorities establishing the center shall approve and be
parties to the contract.
(I) If a person who is convicted of or pleads guilty to an offense is
sentenced to a term in a multicounty correctional center or a municipal-county
or multicounty-municipal correctional center or is incarcerated in the center
in the manner described in division (C) of this section, or if a
person who is arrested for an offense, and who has been denied bail or has had
bail set and has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at other times the
officer, officers, or other person in charge of the operation of the center
determines to be appropriate, the officer, officers, or other person in charge
of the operation of the center may cause the convicted or accused offender to
be examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C,
and other
contagious diseases. The officer, officers, or other person in charge of the
operation of the center may cause a convicted or accused offender in the
center who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A,
B, and
C,
or another contagious disease to be tested and treated
involuntarily.
(J) As used in this section, "multicounty-municipal" means
more than one county and a municipal corporation, or more than
one municipal corporation and a county, or more than one
municipal corporation and more than one county.
Sec. 341.06. (A)(1) In lieu of requiring offenders to reimburse the
county for expenses incurred by reason of the person's confinement under
section 341.14 or 341.19 of the Revised Code, the board of county
commissioners, in an agreement with the sheriff, may adopt a prisoner
reimbursement policy for the jail pursuant to this section to be administered
in the jail under the sheriff's direction. The sheriff may appoint a
reimbursement coordinator to administer the jail's prisoner reimbursement
policy.
(2) A prisoner reimbursement policy adopted under this section is a policy
that requires a person confined to the jail to reimburse the county for any
expenses it incurs by reason of the person's confinement in the jail, which
expenses may include, but are not limited to, the following:
(a) A per diem fee for room and board of not more than sixty dollars per day
or the actual per diem cost, whichever is less, for the entire period of time
the person is confined to the jail;
(b) Actual charges for medical and dental treatment, AND THE
FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION
341.26 of the Revised Code;
(c) Reimbursement for county property damaged by the person while confined to
the jail.
Rates charged shall be on a sliding scale determined by the sheriff with the
approval of the board of county commissioners based on the ability of the
person confined to the jail to pay and on consideration of any legal
obligation of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom the person
is providing or has in fact provided support.
The reimbursement coordinator or another person designated by the sheriff may
investigate the financial status of the confined person and obtain information
necessary to investigate that status, by means that may include contacting
employers and reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon the person's
release. At the end of the person's incarceration, the person shall be
presented with a billing statement signed by the sheriff.
(3) The reimbursement coordinator or another person designated by the sheriff
may collect, or the sheriff may enter into a contract with one or more public
agencies or private vendors to collect, any amounts remaining unpaid. Within
twelve months after the date of the confined person's release, the prosecuting
attorney may file a civil action to seek reimbursement from that person for
any billing amount that remains unpaid. The county shall not enforce any
judgment obtained under this section by means of execution against the
person's homestead. For purposes of this section, "homestead" has the same
meaning as in division (A) of section 323.151 of the Revised Code.
(4) Any reimbursement received under division (A)(3) of this section shall be
credited to the county's general fund to be used for general fund purposes.
(B)(1) Notwithstanding any contrary provision in this section or section
341.14, 341.19, 2929.18, or 2929.223 of
the Revised Code, the board of county commissioners may establish a policy
that requires any person who is not indigent and who is confined in the
county's jail under section 341.14 or 341.19 of the Revised Code to pay a
reasonable fee for any medical treatment or service requested by and provided
to that person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER
DIVISION (E) OF SECTION 341.26 of the Revised Code. This THE fee
FOR THE MEDICAL TREATMENT OR SERVICE
shall not exceed the actual cost of the treatment or
service provided. No person confined to
the jail under either section who is indigent shall be required to pay those
fees, and no person who is confined to the jail under either section shall be
denied any necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of
the required fee may be automatically deducted from a person's account record
in the jail's business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the person's
confinement in the jail if funds later become available in the person's
account. If the person is released from the jail and has an unpaid balance of
these fees, the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical treatment or services
shall be paid into the commissary fund, if one has been created for the jail,
or if no commissary fund exists, into the county treasury.
(2) If a person confined to the jail under section 341.14 or 341.19 of
the Revised Code is required under division (A) of this section or section
341.14, 341.19, 2929.18, or 2929.223 of the Revised Code
to reimburse the county for expenses incurred by reason of the person's
confinement to the jail, any fees paid by the person under division (B)(1) of
this section shall be deducted from the expenses required to be reimbursed
under division (A) of this section or section 341.14, 341.19, 2929.18, or
2929.223 of the Revised Code.
Sec. 341.21. (A) The board of county commissioners may
direct the sheriff to receive into custody prisoners charged
with or convicted of crime by the United States, and to keep such
THOSE prisoners until discharged.
The board of the county in which prisoners charged with or
convicted of crime by the United States may be so committed may negotiate and
conclude any contracts with the United States for the use of the jail as
provided by this section and as the board sees fit.
A prisoner so committed shall be supported at the expense
of the United States during the prisoner's confinement in
the county jail.
No greater compensation shall be charged by a sheriff for the
subsistence of that type of prisoner than is provided by
section 311.20 of the Revised Code to be charged for the subsistence of state
prisoners.
A sheriff or jailer who neglects or refuses to perform the
services and duties directed by the board by reason of this
division, shall be liable to the same penalties, forfeitures, and
actions as if the prisoner had been committed under the
authority of this state.
(B) Prior to the acceptance for housing into the county jail of
persons who are designated by the department of rehabilitation and correction,
who plead guilty to or are convicted of a felony of the fourth or fifth
degree, and who satisfy the other requirements listed in section 5120.161
of the Revised Code, the board of county commissioners shall enter into
an agreement with the department of rehabilitation and correction
under section 5120.161 of the Revised Code for the housing in the
county jail of persons designated by the department who plead
guilty to or are convicted of a felony of the fourth or fifth degree and who
satisfy the other requirements listed in that section in
exchange for a per diem fee per person. Persons incarcerated in
the county jail pursuant to an agreement entered into under
this division shall be
subject to supervision and control in the manner described in
section 5120.161 of the Revised Code. This division does not affect the
authority of a court to directly sentence a person who is convicted of or
pleads guilty to a felony to the county jail in accordance with section
2929.16 of the Revised Code.
(C)(1) Notwithstanding any contrary provision in the Revised Code, the board
of county commissioners may establish a policy that requires any person who is
not indigent and who is confined in the jail under division (B) of this
section to pay a reasonable fee for any medical treatment or service requested
by and provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG TEST
ASSESSED UNDER DIVISION (E) OF SECTION 341.26 of the Revised Code. This
THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall not exceed
the actual cost of the treatment or service requested by and provided to that
person. This fee shall not exceed the actual cost of the treatment or
service provided. No
person confined to the jail who is indigent shall be required to pay those
fees, and no person confined to the jail shall be denied any necessary medical
care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of
the required fee may be automatically deducted from a person's account record
in the jail's business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the person's
confinement in the jail if funds later become available in the person's
account. If the person is released from the jail and has an unpaid balance of
these fees, the board of county commissioners may bill the person for payment
of the remaining unpaid fees. Fees received for medical treatment or services
shall be paid into the commissary fund, if one has been established for the
jail or if no such fund exists, into the county treasury.
(2) If a person confined to the jail is required under section 341.06,
2929.18, or 2929.223 of the Revised Code to reimburse the county for expenses
incurred by reason of the person's confinement to the jail, any fees paid by
the person under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under section 341.06,
2929.18, or 2929.223 of the Revised Code.
(D) If a sheriff receives into custody a prisoner convicted of
crime by the United States as described in division
(A) of this section, if a person who has been convicted of or pleaded
guilty to an offense is incarcerated in the jail in the manner described in
division (B) of this section, if a sheriff receives into custody a
prisoner charged with a crime by the United States and the
prisoner has had bail denied or has had bail set, has not been released on
bail, and is confined in jail pending trial, or if a person who has been
arrested for an offense, and who has been denied bail or has had bail set and
has not been released on bail is confined in jail pending trial,
at the time of reception and at other times the
sheriff or other person in charge of the operation of the jail determines to
be appropriate, the sheriff or other person in charge of the operation of the
jail may cause the convicted or accused offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, and other contagious
diseases. The
sheriff or other person in charge of the operation of the jail may cause a
convicted or accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, or another
contagious disease to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any
county or the legislative authority of any municipal corporation
in which there is no workhouse, may agree with the legislative
authority of any municipal corporation or other authority having
control of the workhouse of any other city, or with the directors
of any district of a joint city and county workhouse or county
workhouse, upon terms on which persons convicted of a misdemeanor
by any court or magistrate of a county or municipal corporation
having no workhouse, may be received into such THAT workhouse,
under sentence of the court or magistrate. Such THE board or
legislative authority may pay the expenses incurred under the agreement out
of the general fund of such THAT county or municipal
corporation, upon the certificate of the proper officer of the workhouse.
(B) The sheriff or other officer transporting any person
to such THE workhouse DESCRIBED IN DIVISION (A) OF
THIS SECTION
shall receive six cents per mile for the
sheriff or officer, going and returning, five cents per mile for transporting
the convict, and five cents per mile, going and coming, for the
service of each deputy, to be allowed as in cases in which a
person is transported to a state correctional institution. The
number of miles shall be computed by the usual routes of travel
and, in state cases, shall be paid out of the general fund of the
county, on the allowance of the board, and for the violation of
the ordinances of any municipal corporation, shall be paid by
such THAT municipal corporation on the order of its legislative
authority.
(C)(1) The board of county commissioners, the directors of
the district of a joint city and county workhouse or county
workhouse, or the legislative authority of the municipal
corporation may require a person who was convicted of an offense
and who is confined in a workhouse
as provided in division (A) of this section, to reimburse the
county, district, or municipal corporation, as the case may be,
for its expenses incurred by reason of the person's confinement,
including, but not limited to, the expenses relating to the
provision of food, clothing, shelter, medical care,
personal hygiene products, including, but not limited to, toothpaste,
toothbrushes, and feminine hygiene items, and up to two hours of overtime
costs the sheriff or municipal corporation incurred relating to the trial of
the person. The amount of
reimbursement may be the actual cost of the person's
confinement plus the
authorized trial overtime costs or a lesser
amount determined by the board of county commissioners of the county, the
directors of the district of the joint city or county workhouse, or the
legislative authority of the municipal corporation, provided that the lesser
amount shall be determined by a formula that is uniformly applied to persons
incarcerated in the workhouse. The amount of reimbursement shall be
determined by a court at a hearing held pursuant to section 2929.18 of the
Revised Code if the person is confined for a felony or section 2929.223 of the
Revised Code if the person is confined for a misdemeanor. The amount or
amounts paid in reimbursement by a person confined for a misdemeanor or
the amount recovered from a person confined for a misdemeanor by
executing upon the judgment obtained pursuant to section 2929.223 of the
Revised Code shall be paid into the treasury of the county, district, or
municipal corporation that incurred the expenses. If a person is confined
for a felony and the court imposes a sanction under section 2929.18 of the
Revised Code that requires the person to reimburse the costs of confinement,
the prosecuting attorney or the municipal chief legal officer shall bring an
action to recover the expenses of confinement, in accordance
with
section 2929.18 of the Revised Code.
(2) The board of county commissioners, the directors of the
district of a joint city and county workhouse or county workhouse, or the
legislative authority of the municipal corporation may adopt a resolution or
ordinance specifying that a person who is convicted of a felony and who is
confined in a workhouse as provided in division
(A) of this section is not required to
reimburse the county, district, or municipal corporation, as the case may be,
for its expenses incurred by reason of the person's confinement, including the
expenses listed in division (C)(1) of this
section. If the board, directors, or legislative authority adopts a
resolution or ordinance of that nature, the board, directors, or legislative
authority shall provide a copy to the court of common pleas of the county, and
the court that sentences a person convicted of a felony shall not impose a
sanction under section 2929.18 of the Revised Code that requires the person to
reimburse the costs of the confinement.
(D) In lieu of requiring offenders to reimburse the political subdivision for
expenses incurred by reason of the person's confinement under division (C) of
this section, the board of county commissioners, the directors of the district
of joint city and county workhouse or county workhouse, or the legislative
authority of the municipal corporation having control of the workhouse may
adopt a prisoner reimbursement policy for the workhouse under this division.
A THE BOARD, DIRECTORS, OR AUTHORITY MAY APPOINT A
reimbursement coordinator may be appointed to administer the prisoner
reimbursement policy. A prisoner reimbursement policy adopted under this
division is a policy that requires a person confined to the workhouse to
reimburse the political subdivision responsible for paying prisoner expenses
for any expenses it incurs by reason of the person's confinement in the
workhouse, which expenses may include, but are not limited to, the following:
(1) A per diem fee for room and board of not more than sixty dollars per day
or the actual per diem cost, whichever is less, for the entire period of time
the person is confined to the workhouse;
(2) Actual charges for medical and dental treatment, AND THE
FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION
341.26 of the Revised Code;
(3) Reimbursement for government property damaged by the person while
confined to the workhouse.
Rates charged shall be on a sliding scale determined by the board of county
commissioners, the directors of the district of joint city and county
workhouse or county workhouse, or the legislative authority of the municipal
corporation having control of the workhouse, based on the ability of the
person confined to the workhouse to pay and on consideration of any legal
obligation of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom the person
is providing or has in fact provided support.
The reimbursement coordinator or another person designated by the
administrator of the workhouse may investigate the financial status of the
person and obtain information necessary to investigate that status, by means
that may include contacting employers and reviewing income tax records. The
coordinator may work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the person's
incarceration, the person shall be presented with a billing statement.
The reimbursement coordinator or another appointed person may collect, or the
board of county commissioners, the directors of the district of joint city and
county workhouse or county workhouse, or the legislative authority of the
municipal corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to collect, any
amounts remaining unpaid. Within twelve months after the date of the confined
person's release, the prosecuting attorney, city director of law, village
solicitor, or attorney for the district may file a civil action to seek
reimbursement from that person for any billing amount that remains unpaid.
The political subdivision shall not enforce any judgment obtained under this
section by means of execution against the person's homestead. For purposes of
this section, "homestead" has the same meaning as in division (A) of section
323.151 of the Revised Code. Any reimbursement received under this section
shall be credited to the general fund of the political subdivision that bore
the expense, to be used for general fund purposes.
(E)(1) Notwithstanding any contrary provision in this section or section
2929.18 or 2929.223 of the Revised Code, the appropriate board of county
commissioners and legislative authorities may include in their agreement
entered into under division (A) of this section a policy that requires any
person who is not indigent and who is confined in the county, city, district,
or joint city and county workhouse under this section to pay a reasonable fee
for any medical treatment or service requested by and provided to that person
OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION
(E) OF SECTION 341.26 of the Revised Code. This THE fee FOR
THE MEDICAL TREATMENT OR SERVICE shall not exceed the actual cost of the
treatment or service
provided. No person confined to a county, city, district, or joint city and
county workhouse under this section who is indigent shall be required to pay
those fees, and no person confined to any workhouse of that type shall be
denied any necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of the
required fee may be automatically deducted from a person's account record in
the workhouse's business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the person's
confinement in the workhouse if funds later become available in the person's
account. If the person is released from the workhouse and has an unpaid
balance of these fees, the appropriate board of county commissioners and
legislative authorities may bill the person for payment of the remaining
unpaid fees in the same proportion as those expenses were borne by the
political subdivision issuing the billing statement. Fees received for
medical treatment or services shall be paid into the commissary fund, if one
has been created for the workhouse, or if no such fund exists, into the
treasuries of the political subdivisions that incurred the expenses of those
treatments or services in the same proportion as those expenses were borne by
these political subdivisions.
(2) If a person confined to a county, city, district, or joint city and
county workhouse is required under division (C) or (D) of this section or
section 2929.18 or 2929.223 of the Revised Code to reimburse a county or
municipal corporation for expenses incurred by reason of the person's
confinement to the workhouse, any fees paid by the person under division
(E)(1) of this section shall be deducted from the expenses required to be
reimbursed under division (C) or (D) of this section or section 2929.18 or
2929.223 of the Revised Code.
(F) If a person who has been convicted of or pleaded guilty to an
offense is incarcerated in the workhouse as provided in division (A)
of this section,
at the time of reception and at other times the
person in charge of the operation of the workhouse determines
to
be appropriate, the person in charge of the operation of the
workhouse may cause the convicted offender to be examined and tested
for
tuberculosis, HIV infection, hepatitis, including but not limited
to hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the workhouse may cause a
convicted offender in the workhouse who refuses to be tested or
treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily.
Sec. 341.26. (A) AS USED IN THIS SECTION:
(1) "RANDOM
DRUG TESTING" HAS THE SAME MEANING AS IN SECTION 5120.63 OF THE
REVISED
CODE.
(2) "PRISONER" MEANS A PERSON CONFINED IN A JAIL OR MULTICOUNTY
CORRECTIONAL CENTER FOLLOWING A CONVICTION OF OR PLEA OF GUILTY TO A CRIMINAL
OFFENSE.
(B) THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, WITH THE
CONSENT OF THE SHERIFF OF THE COUNTY, OR THE BOARDS OF COUNTY COMMISSIONERS OF
TWO OR MORE ADJACENT COUNTIES THAT HAVE JOINTLY ESTABLISHED A
MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO SECTION 307.93 OF
THE REVISED
CODE, WITH THE CONSENT OF THE
SHERIFFS OF THOSE ADJACENT COUNTIES, MAY ENTER INTO A CONTRACT WITH A
LABORATORY OR ENTITY TO PERFORM BLOOD OR URINE SPECIMEN
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION,
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED IN
THE PERFORMANCE OF RANDOM DRUG TESTING OF PRISONERS. THE TERMS OF ANY
CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT THAT THE
LABORATORY OR ENTITY AND ITS EMPLOYEES, THE SHERIFF, DEPUTY SHERIFFS,
THE CORRECTIONS COMMISSION OR THE ADMINISTRATOR OF THE MULTICOUNTY
CORRECTIONAL CENTER SPECIFIED IN DIVISION (D) OF THIS SECTION, THE
EMPLOYEES OF THE JAIL AND MULTICOUNTY CORRECTIONAL CENTER, AND ALL OTHER
PERSONS COMPLY WITH THE
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS
SPECIFIED IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION.
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A
LABORATORY OR ENTITY UNDER DIVISION
(B) OF THIS SECTION, A BOARD OF
COUNTY COMMISSIONERS OR, IN THE CASE OF A MULTICOUNTY
CORRECTIONAL CENTER, THE BOARDS OF COUNTY COMMISSIONERS OF THE
COUNTIES THAT HAVE ESTABLISHED THE CENTER SHALL ADOPT RULES FOR
THE RANDOM DRUG TESTING OF PRISONERS. THE RULES SHALL INCLUDE,
BUT ARE NOT LIMITED TO, PROVISIONS THAT DO THE FOLLOWING:
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK,
OBTAIN, AND MAINTAIN ACCREDITATION FROM THE NATIONAL INSTITUTE ON DRUG
ABUSE;
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG
TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING THE
FOLLOWING:
(a) THE COLLECTION BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE SPECIMENS OF
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND
UNDER REASONABLE AND SANITARY CONDITIONS;
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL
BEING TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF
THE SPECIMENS;
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS
COLLECTED BY THE LABORATORY OR ENTITY
AND DOCUMENTATION PROCEDURES THAT REASONABLY PRECLUDE
THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST RESULTS AND
THAT PROVIDE THE INDIVIDUAL BEING TESTED AN OPPORTUNITY TO
FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION OR
NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION WITH
A MEDICAL CONDITION;
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND
TRANSPORTATION BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE SPECIMENS IN A MANNER THAT
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR
ADULTERATION OF THE SPECIMENS;
(e) THE TESTING BY THE LABORATORY OR ENTITY
OF A BLOOD OR URINE SPECIMEN OF AN
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE
TEST RESULT BY A RELIABLE ANALYTICAL METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO
IS QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM
THAT ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF
BLOOD OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF
ABUSE AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE.
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG
TESTING ON PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL
CENTER;
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM
SELECTION OF PRISONERS IN THE JAIL OR MULTICOUNTY CORRECTIONAL
CENTER TO SUBMIT TO RANDOM DRUG TESTING UNDER THIS
SECTION;
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR TRANSMITTING THE
RESULTS OF THE RANDOM DRUG TESTING OF PRISONERS IN THE JAIL OR
MULTICOUNTY CORRECTIONAL CENTER FROM THE CONTRACTING LABORATORY OR ENTITY TO
THE SHERIFF, THE CORRECTIONS COMMISSION, OR THE ADMINISTRATOR OF THE
MULTICOUNTY CORRECTIONAL CENTER PURSUANT TO DIVISION (E) OF THIS
SECTION;
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND
ESTABLISH PROCEDURES PURSUANT TO DIVISION
(E) OF THIS SECTION FOR THE
COLLECTION OF THOSE FEES FROM THE PRISONERS SUBJECTED TO THE
DRUG TESTS.
(D) IF A BOARD OF COUNTY COMMISSIONERS ENTERS INTO A
CONTRACT PURSUANT TO
DIVISION (B) OF THIS SECTION,
THE SHERIFF OF THAT COUNTY, PURSUANT TO THE TERMS OF THE CONTRACT AND THE
RULES
ADOPTED UNDER DIVISION (C) OF
THIS SECTION, SHALL FACILITATE THE COLLECTION, DOCUMENTATION,
MAINTENANCE, AND TRANSPORTATION BY THE CONTRACTING LABORATORY OR
ENTITY OF THE BLOOD OR URINE SPECIMENS OF THE PRISONERS WHO ARE
CONFINED IN THE JAIL AND WHO ARE SUBJECT TO RANDOM DRUG TESTING.
IF THE BOARDS OF COUNTY COMMISSIONERS THAT HAVE JOINTLY
ESTABLISHED A MULTICOUNTY CORRECTIONAL CENTER ENTER INTO A
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION, THE CORRECTIONS
COMMISSION OR THE ADMINISTRATOR OF THE MULTICOUNTY CORRECTIONAL
CENTER, PURSUANT TO THE TERMS OF THE CONTRACT AND THE
RULES ADOPTED UNDER DIVISION
(C) OF THIS SECTION, SHALL
FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND
TRANSPORTATION BY THE CONTRACTING LABORATORY OR ENTITY OF THE
BLOOD OR URINE SPECIMENS OF THE PRISONERS WHO ARE CONFINED IN
THE MULTICOUNTY CORRECTIONAL CENTER AND WHO ARE SUBJECT TO
RANDOM DRUG TESTING.
(E) IF A COUNTY OR TWO OR MORE ADJACENT COUNTIES ENTER INTO A
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION
AND THE CONTRACTING LABORATORY OR ENTITY PERFORMS THE RANDOM
DRUG TESTING AS PROVIDED IN THE CONTRACT, THE LABORATORY OR
ENTITY SHALL TRANSMIT THE RESULTS OF THE DRUG TESTS TO THE SHERIFF,
CORRECTIONS
COMMISSION, OR ADMINISTRATOR
WHO FACILITATED THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND TRANSPORTATION
OF BLOOD OR URINE SPECIMENS UNDER DIVISION
(D) OF THIS SECTION. THE
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL FILE FOR RECORD THE
RESULTS OF THE RANDOM DRUG TESTS
THAT INDICATE WHETHER OR NOT EACH PRISONER WHO IS CONFINED IN THE JAIL
OR MULTICOUNTY CORRECTIONAL CENTER AND WHO WAS
SUBJECTED TO THE DRUG TEST INGESTED OR WAS INJECTED WITH A DRUG
OF ABUSE. THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL GIVE
APPROPRIATE NOTICE OF THE DRUG TEST RESULTS TO EACH PRISONER
WHO WAS SUBJECTED TO THE DRUG TEST AND
WHOSE DRUG TEST RESULTS INDICATE THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL AFFORD THAT PRISONER
AN OPPORTUNITY TO BE HEARD REGARDING THE
RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE AT A HEARING HELD
BEFORE THE SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR WITHIN THIRTY
DAYS AFTER NOTIFICATION OF THE PRISONER UNDER THIS
DIVISION. AFTER THE HEARING, IF A HEARING IS HELD, THE
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR SHALL MAKE A DETERMINATION
REGARDING ANY EVIDENCE
PRESENTED BY THE PRISONER. IF THE
SHERIFF, CORRECTIONS COMMISSION, OR ADMINISTRATOR REJECTS THE EVIDENCE
PRESENTED BY THE PRISONER AT THE HEARING OR IF NO
HEARING IS HELD UNDER THIS DIVISION, THE SHERIFF, CORRECTIONS COMMISSION, OR
ADMINISTRATOR MAY ASSESS A
REASONABLE FEE, DETERMINED PURSUANT
TO DIVISION (C) OF THIS
SECTION, FOR THE COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE PAID BY THE
PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE PRISONER INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE. THE SHERIFF, CORRECTIONS COMMISSION, OR
ADMINISTRATOR MAY COLLECT THE FEE PURSUANT TO SECTION 307.93, 341.06, 341.21,
OR 341.23 OF THE REVISED
CODE.
Sec. 753.02. (A) The legislative authority of a municipal
corporation shall provide by ordinance for sustaining all persons
sentenced to or confined in a prison or station house at the
expense of the municipal corporation, and in counties where
prisons or station houses are in quarters leased from the board
of county commissioners, may contract with the board for the care
and maintenance of such THOSE persons by the sheriff or other
person charged with the care and maintenance of county prisoners. On
the presentation of bills for food, sustenance, and necessary
supplies, to the proper officer, certified by such THE person
as WHOM the legislative authority designates, the officer shall
audit the
bills under the rules prescribed by the legislative authority,
and draw the officer's order on the treasurer of the municipal
corporation in favor of the person presenting the bill.
(B)(1) The legislative authority of the municipal corporation
may require a person who was convicted of an offense and who is confined in a
prison or station house as provided in division (A) of this section, or a
person who was convicted of an offense
and who is confined in the county jail as provided in section
1905.35 of the Revised Code, to reimburse the municipal
corporation for its expenses incurred by reason of the person's
confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical
care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items,
and up to two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of reimbursement
may be the actual cost of the prisoner's confinement plus the authorized trial
overtime costs or a lesser
amount determined by the legislative authority of the municipal
corporation, provided that the lesser amount shall be determined
by a formula that is uniformly applied to persons incarcerated in
the prison, station house, or county jail. The amount of reimbursement shall
be determined by a court at a hearing held pursuant to section 2929.18 of the
Revised Code if the person is confined for a
felony or section 2929.223 of the Revised Code if the
person is confined for a misdemeanor. The
amount or amounts paid in reimbursement by a person
confined for a misdemeanor or the amount recovered from a
person confined for a misdemeanor by executing upon the judgment
obtained pursuant to section 2929.223 of the Revised Code shall be paid into
the treasury of the municipal corporation. If a person is
confined for a felony and the court imposes a sanction under section 2929.18
of the Revised Code that requires the person to reimburse
the costs of confinement, the village solicitor, city director of law, or
other chief legal officer shall bring an action to recover the expenses of
confinement in accordance with section 2929.18 of the
Revised Code.
(2) The legislative authority of the municipal corporation may
adopt an ordinance specifying that a person who is convicted of a felony and
who is confined in a prison or station house as provided in division
(A) of this section is not required to
reimburse the municipal corporation for its expenses incurred by reason of the
person's confinement, including the expenses listed in division
(B)(1) of this section. If the legislative
authority adopts an ordinance of that nature, the legislative authority shall
provide a copy to the court of common pleas of the county, and the court that
sentences a person convicted of a felony shall not impose a sanction under
section 2929.18 of the Revised Code that requires the person to reimburse the
costs of the confinement.
(C) In lieu of requiring offenders to reimburse the municipal corporation for
expenses incurred by reason of the person's confinement under division (B) of
this section, the legislative authority of the municipal corporation may adopt
a prisoner reimbursement policy for the prison or station house under this
division. The prison or station house administrator may appoint a
reimbursement coordinator to administer the prisoner reimbursement policy. A
prisoner reimbursement policy adopted under this division is a policy that
requires a person confined to the prison or station house to reimburse the
municipal corporation for any expenses it incurs by reason of the person's
confinement in the prison or station house, which expenses may include, but
are not limited to, the following:
(1) A per diem fee for room and board of not more than sixty dollars per day
or the actual per diem cost, whichever is less, for the entire period of time
the person is confined to the prison or station house;
(2) Actual charges for medical and dental treatment, AND THE
FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION
753.33 of the Revised Code;
(3) Reimbursement for municipal property damaged by the person while confined
to the prison or station house.
Rates charged shall be on a sliding scale determined by the legislative
authority of the municipal corporation, based on the ability of the person
confined to the prison or station house to pay and on consideration of any
legal obligation of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom the person
is providing or has in fact provided support.
The reimbursement coordinator or another appointed person may investigate the
financial status of the confined person and obtain information necessary to
investigate that status, by means that may include contacting employers and
reviewing income tax records. The coordinator may work with the confined
person to create a repayment plan to be implemented upon the person's release.
At the end of the person's incarceration, the person shall be presented with
a billing statement.
The reimbursement coordinator or another appointed person may collect, or the
legislative authority of the municipal corporation may enter into a contract
with one or more public agencies or private vendors to collect, any amounts
remaining unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or other
attorney for the municipal corporation may file a civil action to seek
reimbursement from that person for any billing amount that remains unpaid.
The municipal corporation shall not enforce any judgment obtained under this
section by means of execution against the person's homestead. For purposes of
this section, "homestead" has the same meaning as in division (A) of section
323.151 of the Revised Code. Any reimbursement received under this section
shall be credited to the general fund of the municipal corporation that bore
the expense, to be used for general fund purposes.
(D)(1) Notwithstanding any contrary provision in this section or section
2929.18 or 2929.223 of the Revised Code, the legislative authority of the
municipal corporation may establish a policy that requires any person who is
not indigent and who is confined in a prison or station house to
pay a reasonable fee for any medical treatment or service requested by and
provided to that person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED
UNDER DIVISION (E) OF SECTION 753.33 of the Revised Code. This
THE fee FOR THE MEDICAL TREATMENT OR SERVICE shall not
exceed the actual cost of the
treatment or service provided. No person confined to a prison or station
house who is indigent shall be required to pay those fees, and no person
confined to a prison or station house shall be denied any necessary medical
care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of the
required fee may be automatically deducted from a person's account record in
the prison or station house's business office. If the person has no funds in
the person's account, a deduction may be made at a later date during the
person's confinement in the prison or station house if funds later become
available in the person's account. If the person is released from the prison
or station house and has an unpaid balance of these fees, the legislative
authority may bill the person for payment of the remaining unpaid fees. Fees
received for medical treatment or services shall be paid into the commissary
fund, if one has been created for the prison or station house, or if no such
fund exists, into the municipal treasury.
(2) If a person confined to a prison or station house is required under
division (B) or (C) of this section or section 2929.18 or 2929.223 of the
Revised Code to reimburse the municipal corporation for expenses incurred by
reason of the person's confinement to the prison or station house, any fees
paid by the person under division (D)(1) of this section shall be deducted
from the expenses required to be reimbursed under division (B) or (C) of this
section or section 2929.18 or 2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty to an
offense is sentenced to a term of imprisonment in a prison or station house as
described in division (A) of this section, or if a person who has
been arrested for an offense, and who has been denied bail or has had bail set
and has not been released on bail is confined in a prison or station house as
described in division (A) of this section pending trial,
at the time of reception and at other times
the
person in charge of the operation of the prison or station house determines to
be appropriate, the person in charge of the operation of the
prison or station house may cause the convicted or accused offender to be
examined and tested for
tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the prison or station house may cause a
convicted or accused offender in the prison or station house who refuses to be
tested or treated
for tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, or another
contagious disease to be tested and treated involuntarily.
Sec. 753.04. (A) When a person over sixteen years of age
is convicted of an offense under the law of this state or an
ordinance of a municipal corporation, and the tribunal before
which the conviction is had is authorized by law to commit the
offender to the county jail or municipal corporation prison, the
court, mayor, or judge of the county court, as the case may be,
may sentence the offender to a workhouse.
When a commitment is made from a municipal corporation or
township in the county, other than in a municipal corporation
having a workhouse, the legislative authority of the municipal
corporation or the board of township trustees shall transmit with
the mittimus a sum of money equal to not less than seventy cents
per day for the time of the commitment, to be placed in the hands
of the superintendent of a workhouse for the care and maintenance
of the prisoner.
(B)(1) The legislative authority of the municipal corporation
or the board of township trustees may require a person who is
convicted of an offense and who is
confined in a workhouse as provided in division (A) of this
section, to reimburse the municipal corporation or the township,
as the case may be, for its expenses incurred by reason of
the person's confinement, including, but not limited to, the expenses relating
to the provision of food, clothing, shelter, medical
care, personal hygiene products, including, but not limited to, toothpaste,
toothbrushes, and feminine hygiene items, and up to two hours of overtime
costs the sheriff or municipal corporation incurred relating to the trial of
the person. The amount of
reimbursement may be the actual cost of the prisoner's confinement plus the
authorized trial overtime costs or a lesser
amount determined by the legislative authority of the municipal corporation or
board of township trustees, provided that the lesser amount shall be
determined by a formula that is uniformly applied to persons incarcerated in
the workhouse. The amount of
reimbursement shall be determined by a court at a hearing held
pursuant to section 2929.18 of the Revised Code if the
person is confined for a felony or section 2929.223 of
the Revised Code if the person is confined for a
misdemeanor.
The amount or amounts paid in
reimbursement by a person confined for a
misdemeanor or the amount recovered from a person
confined for a
misdemeanor by executing upon the judgment obtained pursuant to section
2929.223 of the Revised Code shall be paid into the treasury of the municipal
corporation or township that incurred the expenses. If a
person is confined
for a felony and the court imposes a sanction under section 2929.18 of the
Revised Code that requires the person to reimburse the
costs of confinement,
the city director of law, village solicitor, or other chief legal officer
shall bring an action to recover the expenses of confinement in
accordance with section 2929.18 of the Revised Code.
(2) The legislative authority of a municipal corporation or the
board of township trustees may adopt an ordinance or resolution specifying
that a person who is convicted of a felony and who is confined in a workhouse
as provided in division (A) of this section is
not required to reimburse the municipal corporation or the township, as the
case may be, for its expenses incurred by reason of the person's confinement,
including the expenses listed in division
(B)(1) of this section. If the legislative
authority or board adopts a resolution of that nature, the legislative
authority or board shall provide a copy to the court of common pleas of the
county, and the court that
sentences a person convicted of a felony shall not impose a sanction under
section 2929.18 of the Revised Code that requires the person to reimburse the
costs of the confinement.
(C) In lieu of requiring offenders to reimburse the political subdivision for
expenses incurred by reason of the person's confinement in a municipal
workhouse under division (B) of this section or under division (C) of section
753.16 of the Revised Code, the legislative authority of the municipal
corporation may adopt a prisoner reimbursement policy for the workhouse
under this division. A THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL
CORPORATION MAY APPOINT A reimbursement coordinator may be
appointed to administer the prisoner reimbursement policy. A prisoner
reimbursement policy
adopted under this division is a policy that requires a person confined to the
municipal workhouse to reimburse any expenses it incurs by reason of the
person's confinement in the workhouse, which expenses may include, but are not
limited to, the following:
(1) A per diem fee for room and board of not more than sixty dollars per day
or the actual per diem cost, whichever is less, for the entire period of time
the person is confined to the workhouse;
(2) Actual charges for medical and dental treatment, AND THE
FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF SECTION
753.33 of the Revised Code;
(3) Reimbursement for municipal property damaged by the person while confined
to the workhouse.
Rates charged shall be on a sliding scale determined by the legislative
authority of the municipal corporation based on the ability of the person
confined to the workhouse to pay and on consideration of any legal obligation
of the person to support a spouse, minor children, or other dependents and any
moral obligation to support dependents to whom the person is providing or has
in fact provided support.
The reimbursement coordinator or another workhouse employee may investigate
the financial status of the confined person and obtain information necessary
to investigate that status, by means that may include contacting employers and
reviewing income tax records. The coordinator may work with the confined
person to create a repayment plan to be implemented upon the person's release.
At the end of the person's incarceration, the person shall be presented with
a billing statement.
The reimbursement coordinator or another workhouse employee may collect, or
the legislative authority of the municipal corporation may enter into a
contract with one or more public agencies or private vendors to collect, any
amounts remaining unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or other
attorney for the municipal corporation may file a civil action to seek
reimbursement from that person for any billing amount that remains unpaid.
The municipal corporation shall not enforce any judgment obtained under this
section by means of execution against the person's homestead. For purposes of
this section, "homestead" has the same meaning as in division (A) of section
323.151 of the Revised Code. Any reimbursement received under this section
shall be credited to the general fund of the political subdivision that bore
the expense, to be used for general fund purposes.
(D)(1) Notwithstanding any contrary provision in this section or section
2929.18 or 2929.223 of the Revised Code, the legislative authority of the
municipal corporation or board of township trustees may establish a policy
that requires any person who is not indigent and who is confined in the
workhouse under division (A) of this section to pay a reasonable fee for any
medical treatment or service requested by and provided to that person OR TO
PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION (E) OF
SECTION 753.33 of the Revised Code. This THE
fee FOR THE MEDICAL TREATMENT OR SERVICE
shall not exceed the actual cost of the treatment or service provided. No
person confined to a workhouse who is indigent shall be required to pay those
fees, and no person confined to a workhouse shall be denied any
necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of the
required fee may be automatically deducted from a person's account record in
the workhouse's business office. If the person has no funds in the person's
account, a deduction may be made at a later date during the person's
confinement in the center if funds later become available in the person's
account. If the person is released from the workhouse and has an unpaid
balance of these fees, the legislative authority or board of township trustees
may bill the person for payment of the remaining unpaid fees. Fees received
for medical treatment or services shall be paid into the commissary fund, if
one has been created for the workhouse, or if no such fund exists, into the
treasury of the municipal corporation or township.
(2) If a person confined to a workhouse under division (A) of this
section is required under division (B) of this section or section 2929.18 or
2929.223 of the Revised Code to reimburse medical expenses incurred by reason
of the person's confinement to the workhouse, any fees paid by the person
under division (D)(1) of this section shall be deducted
from the expenses
required to be reimbursed under division (B) of this section or section
2929.18 or 2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty to an
offense is incarcerated in a workhouse or if a person who has been arrested
for an offense, and who has not been denied bail or has had bail set and has
not been released on bail is confined in a workhouse pending trial,
at the time of reception and at other times
the
person in charge of the operation of the workhouse determines to
be appropriate, the person in charge of the operation of the
workhouse may cause the convicted or accused offender to be examined and
tested
for
tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the workhouse may cause a
convicted or accused offender in the workhouse who refuses to be tested or
treated for tuberculosis, HIV infection, hepatitis, including,
but not limited to, hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily.
Sec. 753.16. (A) Any city or district having a workhouse
may receive as inmates of the workhouse persons sentenced or
committed to it from counties other than the one in which the
workhouse is situated, upon such THE terms and during
such THE length of time as agreed upon by the boards of
county commissioners of such THOSE counties, or by the
legislative authority of a municipal
corporation in such THOSE counties and the legislative authority
of the city, or the board of the district workhouse, or other authority having
the management and control of the workhouse. Prisoners so
received shall in all respects be and remain under the control of
such THAT authority, and SHALL BE subject to the rules
and discipline of the workhouse TO WHICH the same as other
prisoners detained there IN THE WORKHOUSE ARE SUBJECT.
(B) Prior to the acceptance for housing into a jail or
workhouse of persons who are designated by the department of rehabilitation
and correction, who plead guilty to or are convicted of a felony of the fourth
or fifth degree, and who satisfy the other requirements listed in section
5120.161 of the Revised Code, the legislative authority of a municipal
corporation having a jail or workhouse, or the joint board managing and
controlling a workhouse for the joint use of a municipal
corporation and a county shall enter into an agreement with
the department of rehabilitation and correction under section
5120.161 of the Revised Code for the housing in the jail or
workhouse of persons who are designated by the department, who
plead guilty to or are convicted of a felony of the fourth or fifth degree,
and who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in
the jail or workhouse pursuant to such an agreement OF THAT
NATURE shall be subject to supervision and control in the manner described
in section 5120.161 of the Revised Code. This division does not affect the
authority of a court to directly sentence a person who is convicted of or
pleads guilty to a felony to the jail or workhouse in accordance with section
2929.16 of the Revised Code.
(C)(1) The board of county commissioners, the legislative
authority of the municipal corporation, or the board or other
managing authority of the district workhouse may require a person
who was convicted of an offense
and who is confined in the workhouse as provided in division (A)
of this section, to reimburse the county, municipal corporation,
or district, as the case may be, for its expenses incurred by
reason of the person's confinement, including, but not limited to,
the expenses relating to the provision of food, clothing,
shelter, medical care, personal hygiene products, including, but not
limited to, toothpaste, toothbrushes, and feminine hygiene items, and up to
two hours of overtime costs the sheriff or municipal corporation incurred
relating to the trial of the
person. The amount of reimbursement may be the actual cost of the
person's
confinement plus the authorized trial overtime costs or a lesser amount
determined by the board of county commissioners
for the county, the legislative authority of the municipal corporation, or the
board or other managing authority of the district workhouse, provided that the
lesser amount shall be determined by a formula that is uniformly applied to
persons incarcerated in the workhouse. The amount of reimbursement shall be
determined by a court at a hearing held pursuant to section 2929.18 of the
Revised Code if the person is confined for a felony or
section 2929.223 of
the Revised Code if the person is confined for a
misdemeanor. The amount or
amounts paid in reimbursement by a person confined for
a misdemeanor or the
amount recovered from a person confined for a
misdemeanor by executing upon
the judgment obtained pursuant to section 2929.223 of the Revised Code shall
be paid into the treasury of the county, municipal corporation, or district
that incurred the expenses. If a person is confined
for a felony and the court imposes a sanction under section 2929.18 of the
Revised Code that requires the person to reimburse the
costs of confinement,
the prosecuting attorney or municipal chief legal officer shall bring an
action to recover the expenses of confinement in accordance with
section 2929.18 of the Revised Code.
(2) The board of county commissioners, the legislative authority
of the municipal corporation, or the board or other managing authority of the
district workhouse may adopt a resolution or ordinance specifying that a
person who is convicted of a felony and who is confined in the workhouse as
provided in division (A) of this section is not
required to reimburse the county, municipal corporation, or district, as the
case may be, for its expenses incurred by reason of the person's confinement,
including the expenses listed in division
(C)(1) of this section. If the board, legislative authority, or managing
authority adopts a resolution of that nature, the board, legislative
authority, or managing authority shall provide a
copy to the court of common pleas of the county, and the court that sentences
a person convicted of a felony shall not
impose a sanction under section 2929.18 of the Revised
Code that requires the person to reimburse the
costs of the confinement.
(D)(1) Notwithstanding any contrary provision in this section or section
2929.223 of the Revised Code, the board of county commissioners, the
legislative authority of a municipal corporation, or the board or other
managing authority of the district workhouse may establish a policy that
requires any person who is not indigent and who is confined in the jail or
workhouse under division (A) or (B) of this section to pay a reasonable fee
for any medical treatment or service requested by and provided to that
person OR TO PAY THE FEE FOR A RANDOM DRUG TEST ASSESSED UNDER DIVISION
(E) OF SECTION 753.33 of the Revised Code. This THE fee FOR
THE MEDICAL TREATMENT OR SERVICE shall not exceed the actual
cost of the treatment or service provided. No person who is indigent shall be
required to pay those fees, and no person shall be denied any necessary
medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service OR ASSESSMENT
OF A FEE FOR A RANDOM DRUG TEST, payment of
the required fee may be automatically deducted from a person's account record
in the jail or workhouse's business office. If the person has no funds in the
person's account, a deduction may be made at a later date during the
person's confinement in the jail or workhouse if funds later become available
in that person's account. If the person is released from the jail or
workhouse and has an unpaid balance of these fees, the board of county
commissioners, the legislative authority of the municipal corporation, or the
board or other managing authority of the district workhouse may bill the
person for payment of the remaining unpaid fees. Fees received for medical
treatment or services shall be paid into the commissary fund, if one has been
created for the workhouse, or if no such fund exists, into the treasury of
each applicable political subdivision.
(2) If a person confined to a jail or workhouse is required under division
(C) of this section or section 2929.18 or 2929.223 of the Revised Code to
reimburse medical expenses incurred by reason of the person's confinement to
the jail or workhouse, any fees paid by the person under
division (D)(1) of this section shall be deducted from the expenses required
to be reimbursed under division (C) of this section or section 2929.18 or
2929.223 of the Revised Code.
(E) If a person who has been convicted of or pleaded guilty to an
offense is confined in the workhouse as provided in division (A) of
this section or is incarcerated in the workhouse in the manner described in
division (B) of this section, or if a person who has been arrested
for an offense, and who has been denied bail or has had bail set and has not
been released on bail is confined in the workhouse pending trial,
at the time of reception and at other times
the
person in charge of the operation of the workhouse determines to
be appropriate, the person in charge of the operation of the
workhouse may cause the convicted or accused offender to be examined and
tested
for
tuberculosis, HIV infection, hepatitis, including but not limited
to hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the workhouse may cause a
convicted or accused offender in the workhouse who refuses to be tested or
treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily.
Sec. 753.33. (A) AS USED IN THIS SECTION:
(1) "JOINT BOARD" MEANS THE JOINT BOARD ESTABLISHED PURSUANT TO SECTION
753.15 of the Revised Code.
(2) "MUNICIPAL PRISONER" MEANS A PRISONER WHO IS CONFINED
IN A MUNICIPAL JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL,
JOINT CITY AND COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL
CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER,
MUNICIPAL-COUNTY JAIL OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL
JAIL OR WORKHOUSE FOR BEING CONVICTED OF OR PLEADING GUILTY TO A
CRIMINAL OFFENSE.
(3) "MULTICOUNTY-MUNICIPAL" HAS THE SAME MEANING AS IN
SECTION 307.93 OF THE REVISED
CODE.
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN
SECTION 5120.63 OF THE REVISED
CODE.
(B) THE DIRECTOR OF PUBLIC SAFETY OR A JOINT
BOARD MAY ENTER INTO A CONTRACT WITH A
LABORATORY OR ENTITY TO PERFORM BLOOD OR URINE SPECIMEN
COLLECTION, DOCUMENTATION, MAINTENANCE, TRANSPORTATION,
PRESERVATION, STORAGE, AND ANALYSES AND OTHER DUTIES REQUIRED IN
THE PERFORMANCE OF RANDOM DRUG TESTING OF MUNICIPAL PRISONERS.
THE TERMS OF ANY
CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT THAT THE
LABORATORY OR ENTITY AND ITS EMPLOYEES, THE DIRECTOR OF PUBLIC SAFETY
OR THE JOINT BOARD, THE SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER
SPECIFIED IN DIVISION (D) OF THIS SECTION, THE EMPLOYEES OF THE
CORRECTIONAL FACILITIES LISTED IN DIVISION (A)(1) OF THIS SECTION,
AND ALL OTHER PERSONS COMPLY WITH THE
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS
SPECIFIED IN RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION.
(C) PRIOR TO ENTERING INTO A CONTRACT WITH A
LABORATORY OR ENTITY UNDER DIVISION
(B) OF THIS SECTION, A DIRECTOR
OF PUBLIC SAFETY OR A JOINT BOARD SHALL ADOPT RULES FOR THE
RANDOM DRUG TESTING OF MUNICIPAL PRISONERS. THE RULES SHALL
INCLUDE, BUT ARE NOT LIMITED TO, PROVISIONS THAT DO THE
FOLLOWING:
(1) REQUIRE THE LABORATORY OR ENTITY TO SEEK,
OBTAIN, AND MAINTAIN ACCREDITATION FROM
THE NATIONAL INSTITUTE ON DRUG ABUSE;
(2) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG
TESTING OF MUNICIPAL PRISONERS THAT INCLUDE, BUT ARE NOT LIMITED
TO, STANDARDS GOVERNING THE FOLLOWING:
(a) THE COLLECTION BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE SPECIMENS OF
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND
UNDER REASONABLE AND SANITARY CONDITIONS;
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL
BEING TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF
THE SPECIMENS;
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS
COLLECTED BY THE LABORATORY OR ENTITY
AND DOCUMENTATION PROCEDURES THAT REASONABLY PRECLUDE
THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST RESULTS AND
THAT PROVIDE THE INDIVIDUAL BEING TESTED AN OPPORTUNITY TO
FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION OR
NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION WITH
A MEDICAL CONDITION;
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND
TRANSPORTATION BY THE LABORATORY OR ENTITY
OF BLOOD OR URINE SPECIMENS IN A MANNER THAT
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR
ADULTERATION OF THE SPECIMENS;
(e) THE TESTING BY THE LABORATORY OR ENTITY
OF A BLOOD OR URINE SPECIMEN OF AN
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE
TEST RESULT BY A RELIABLE ANALYTICAL METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY WHO
IS QUALIFIED BY EDUCATION, TRAINING, AND EXPERIENCE TO PERFORM
THAT ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF
BLOOD OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF
ABUSE AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE.
(3) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG
TESTING ON MUNICIPAL PRISONERS;
(4) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM
SELECTION OF MUNICIPAL PRISONERS TO SUBMIT TO RANDOM DRUG
TESTING UNDER THIS SECTION;
(5) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL
OF THE RESULTS OF THE RANDOM DRUG TESTING OF MUNICIPAL PRISONERS
FROM THE CONTRACTING LABORATORY OR ENTITY
TO THE DIRECTOR OF PUBLIC SAFETY OR THE JOINT BOARD PURSUANT TO DIVISION
(E) OF THIS SECTION;
(6) ESTABLISH A REASONABLE FEE TO COVER THE COSTS
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSIS PERFORMED BY A
CONTRACTING LABORATORY OR ENTITY UNDER THIS SECTION AND
ESTABLISH PROCEDURES PURSUANT TO DIVISION
(E) OF THIS SECTION FOR THE
COLLECTION OF THOSE FEES FROM THE MUNICIPAL PRISONERS SUBJECTED
TO THE DRUG TESTS.
(D) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS INTO A
CONTRACT PURSUANT TO
DIVISION (B) OF THIS SECTION,
THE SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER OF A
CORRECTIONAL FACILITY LISTED IN DIVISION
(A)(2) OF THIS SECTION IN WHICH
MUNICIPAL PRISONERS ARE CONFINED, PURSUANT TO THE TERMS OF THE CONTRACT AND
THE RULES ADOPTED UNDER DIVISION (C) OF THIS SECTION,
SHALL FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND
TRANSPORTATION BY THE CONTRACTING LABORATORY OR ENTITY
OF THE BLOOD OR URINE SPECIMENS OF THE MUNICIPAL
PRISONERS WHO ARE CONFINED IN THAT CORRECTIONAL FACILITY AND WHO ARE SUBJECT
TO RANDOM DRUG TESTING.
(E) IF A DIRECTOR OF PUBLIC SAFETY OR A JOINT BOARD ENTERS INTO A
CONTRACT PURSUANT TO DIVISION (B) OF THIS SECTION AND THE CONTRACTING
LABORATORY OR ENTITY PERFORMS THE RANDOM DRUG TESTING AS PROVIDED IN THE
CONTRACT, THE LABORATORY OR ENTITY SHALL TRANSMIT THE RESULTS OF THE DRUG TEST
TO THE DIRECTOR OF PUBLIC SAFETY
OR THE JOINT BOARD, AS APPROPRIATE, THAT ENTERED INTO THE
CONTRACT. THE DIRECTOR OR THE JOINT BOARD SHALL FILE FOR RECORD THE RESULTS
OF THE RANDOM DRUG TESTS THAT INDICATE WHETHER OR NOT EACH
MUNICIPAL PRISONER WHO WAS SUBJECTED TO THE DRUG TEST INGESTED
OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR THE JOINT BOARD SHALL
GIVE APPROPRIATE NOTICE OF THE DRUG TEST RESULTS TO EACH MUNICIPAL PRISONER
WHO WAS SUBJECTED TO A DRUG
TEST AND WHOSE DRUG TEST RESULTS INDICATE THAT THE MUNICIPAL PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR
THE JOINT BOARD SHALL AFFORD THAT MUNICIPAL PRISONER AN
OPPORTUNITY TO BE HEARD REGARDING THE
RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE AT A HEARING HELD
BEFORE THE DIRECTOR OR THE JOINT BOARD WITHIN THIRTY DAYS AFTER NOTIFICATION
OF THE MUNICIPAL PRISONER UNDER
THIS DIVISION. AFTER THE HEARING, IF A HEARING IS HELD, THE
DIRECTOR OR THE JOINT BOARD SHALL MAKE A DETERMINATION REGARDING
ANY EVIDENCE PRESENTED BY THE MUNICIPAL PRISONER. IF THE
DIRECTOR OR THE JOINT BOARD REJECTS THE EVIDENCE PRESENTED BY THE
MUNICIPAL PRISONER AT THE HEARING OR IF NO HEARING IS HELD UNDER
THIS DIVISION, THE DIRECTOR OR THE JOINT BOARD MAY ASSESS A
REASONABLE FEE, DETERMINED
PURSUANT TO DIVISION (C) OF
THIS SECTION, FOR THE COSTS ASSOCIATED WITH THE RANDOM DRUG TEST TO BE PAID BY
THE MUNICIPAL PRISONER WHOSE DRUG TEST RESULTS INDICATE THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DIRECTOR OR THE JOINT
BOARD MAY COLLECT THE
FEE PURSUANT TO SECTION 753.02, 753.04, OR 753.16 OF THE REVISED
CODE.
Sec. 2305.234. (A) As used in this section:
(1) "Chiropractic claim," "medical claim," and "optometric claim"
have the same meanings as in section 2305.11 of the Revised
Code.
(2) "Dental claim" has the same meaning as in section 2305.11 of the Revised
Code, except that it does not include any claim arising out of a dental
operation or any derivative claim for relief that arises out of a dental
operation.
(3) "Governmental health care program" has the same meaning as in
section
4731.65 of the Revised Code.
(4) "Health care professional" means any of the following
who provide medical, dental, or other health-related
diagnosis, care, or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery;
(b) Registered nurses and licensed practical nurses licensed under Chapter
4723. of the Revised Code;
(c) Physician assistants authorized to practice under Chapter 4730. of the
Revised Code;
(d) Dentists and dental hygienists licensed under Chapter 4715. of the
Revised Code;
(e) Physical therapists licensed under Chapter 4755. of the Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the Revised Code;
(g) Optometrists licensed under Chapter 4725. of the Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the Revised Code to
practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the
Revised Code.
(5) "Health care worker" means a person other than a health care
professional who provides medical, dental, or other health-related care or
treatment under the direction of a health care professional with the authority
to direct that individual's activities, including
medical technicians, medical assistants, dental assistants,
orderlies, aides, and individuals acting in similar capacities.
(6) "Indigent and uninsured person" means a person who meets all of the
following requirements:
(a) The person's income is not greater than one hundred fifty per
cent of the current poverty line as defined by the United States office of
management and budget and revised in accordance with section 673(2) of the
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended.
(b) The person is not eligible to receive medical assistance under Chapter
5111., disability assistance medical assistance under Chapter 5115. of the
Revised Code, or assistance under any other governmental health care
program;.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate
holder, insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan;.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy, contract, or plan denies coverage or is the subject of
insolvency or bankruptcy proceedings in any jurisdiction.
(7) "Operation" means any procedure that involves cutting or otherwise
infiltrating human tissue by mechanical means, including surgery, laser
surgery, ionizing radiation, therapeutic ultrasound, or the removal of
intraocular foreign bodies. "Operation" does not include the administration
of medication by injection, unless the injection is administered in
conjunction with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
(8) "Nonprofit shelter or health care facility" means
a charitable nonprofit corporation organized and
operated pursuant to Chapter 1702. of the Revised
Code, or any charitable organization not organized and not operated
for profit, that provides shelter, health care services, or
shelter and health care services to indigent and uninsured persons,
except that "shelter or
health care facility" does not include a hospital as defined in section
3727.01 of the Revised Code, a facility licensed under Chapter 3721. of the
Revised Code, or a medical facility that is operated for profit.
(9) "Tort action" means a civil action for
damages for injury, death, or loss to person or property other
than a civil action for damages for a breach of contract or
another agreement between persons or government entities.
(10) "Volunteer" means an individual who provides any medical, dental, or
other health-care related diagnosis, care, or treatment without
the expectation of receiving and without receipt of any compensation or other
form of remuneration from an indigent and uninsured person,
another person on behalf of an indigent and uninsured person, any shelter or
health care facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this section, a health care
professional who is a volunteer and complies with division (B)(2) of this
section is not liable in damages to any person or government entity in a tort
or other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter or health
care facility to an indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and other medical
products, unless the action or omission constitutes willful or wanton
misconduct.
(2) To qualify for the immunity described in division
(B)(1) of this section, a health care professional shall
do all of the following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not subject to duress or under undue influence;
(b) Inform the person of the provisions of this section;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of and in the presence of the person, that states
that the person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives
informed consent to the provision of the diagnosis, care, or
treatment subject to the provisions of this section.
(3) A physician or podiatrist who is not covered
by medical malpractice insurance, but complies with division
(B)(2) of this section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (E) and (F)(3) of this section, health care workers
who are volunteers are not liable in damages to any person or government
entity in a tort or other civil action, including an action upon a medical,
dental, chiropractic, optometric, or other health-related claim, for injury,
death, or loss to person or property that allegedly arises from
an action or omission of the health care worker in the
provision at a nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related diagnosis, care,
or treatment, unless the action or omission constitutes willful or wanton
misconduct.
(D) Subject to divisions (E) and (F)(3) of this section and section 3701.071
of the Revised Code, a nonprofit shelter or health care facility associated
with a health care professional
described in division (B)(1) of this section or a health care
worker described in division (C) of this section is
not liable in damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, chiropractic,
optometric, or
other health-related claim, for injury, death, or loss to person or property
that allegedly arises from an action or omission of the health care
professional or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to an indigent
and uninsured person, unless the action or omission constitutes willful or
wanton misconduct.
(E)(1) Except as provided in division (E)(2) of this
section, the immunities provided by divisions
(B), (C), and (D) of this section are not
available to an individual or to a
nonprofit shelter or health care facility if, at the time of an alleged
injury, death, or loss to person or property, the individuals involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis, care,
or treatment pursuant
to a community service work order entered by a court under division
(H)(1) or (2) (F) of section 2951.02 of the Revised
Code as a condition of probation or other suspension of a term of
imprisonment OR IMPOSED BY A COURT AS A COMMUNITY CONTROL SANCTION PURSUANT
TO SECTIONS 2929.15 AND 2929.17 of the Revised Code.
(b) Performance of an operation.
(c) Delivery of a baby.
(2) Division (E)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care facility at
which the individual provides, diagnosis, care, or treatment that is
necessary to preserve the life of a person in a
medical emergency.
(F)(1) This section does not create a new cause
of action or substantive legal right against a health care professional,
health care worker, or nonprofit
shelter or health care facility.
(2) This section does not affect any immunities from
civil liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or a nonprofit shelter or
health care facility may be entitled in connection with the
provision of emergency or other diagnosis, care, or
treatment.
(3) This section does not grant an immunity from tort
or other civil liability to an individual or a nonprofit shelter or health
care facility for actions that are outside the scope of authority of health
care professionals or health care workers.
(4) This section does not affect any legal responsibility of a
health care professional or health care worker to comply with
any applicable law of this state or rule of an agency of this
state.
(5) This section does not affect any legal
responsibility of a nonprofit shelter or health care facility to comply
with any applicable law of this state, rule of an agency of this
state, or local code, ordinance, or regulation that pertains to
or regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety.
Sec. 2921.36. (A) No person shall knowingly convey, or
attempt to convey, onto the grounds of a detention facility or of
an institution that is under the control of the department of
mental health or the department of mental retardation and
developmental disabilities, any of the following items:
(1) Any deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code, or any part of or ammunition
for use in such a deadly weapon or dangerous ordnance;
(2) Any drug of abuse, as defined in section 3719.011 of
the Revised Code;
(3) Any intoxicating liquor, as defined in section 4301.01
of the Revised Code.
(B) Division (A) of this section does not apply to any
person who conveys or attempts to convey an item onto the grounds
of a detention facility or of an institution under the control of
the department of mental health or the department of mental
retardation and developmental disabilities pursuant to the
written authorization of the person in charge of the detention
facility or the institution and in accordance with the written
rules of the detention facility or the institution.
(C) No person shall knowingly deliver, or attempt to
deliver, to any person who is confined in a detention facility or
to any patient in an institution under the control of the
department of mental health or the department of mental
retardation and developmental disabilities, any item listed in
division (A)(1), (2), or (3) of this section.
(D) No person shall knowingly deliver, or attempt to deliver, cash to any
person who is confined in a detention facility.
(E)(1) It is an affirmative defense to a charge under
division (A)(1) of this section that the
weapon or dangerous ordnance in question was being transported in a motor
vehicle for any lawful purpose, that it was not on the actor's person, and, if
the weapon or dangerous ordnance in question was a firearm, that it was
unloaded and was being carried in a closed package, box, or case or in a
compartment that can be reached only by leaving the vehicle.
(2) It is an affirmative defense to a charge under
division (C) of this section that the actor was not otherwise
prohibited by law from delivering the item to the confined person
or the patient and that either of the following applies:
(a) The actor was permitted by the written rules of the
detention facility or the institution to deliver the item to the
confined person or the patient.
(b) The actor was given written authorization by the
person in charge of the detention facility or the institution to
deliver the item to the confined person or the patient.
(F)(1) Whoever violates division (A)(1) of this section or
commits a violation of division (C) of this section involving an
item listed in division (A)(1) of this section is guilty of
illegal conveyance of weapons onto the grounds of a detention
facility or a mental health or mental retardation and
developmental disabilities institution, a felony of the
fourth degree. If the offender is an officer or employee of the department
of rehabilitation and correction, the court shall impose a mandatory prison
term.
(2) Whoever violates division (A)(2) of this section or
commits a violation of division (C) of this section involving any
drug of abuse is guilty of illegal conveyance of drugs of abuse
onto the grounds of a detention facility or a mental health or
mental retardation and developmental disabilities institution, a
felony of the fourth THIRD degree if the offender is an officer
or employee of the facility or institution or a felony of the
fifth FOURTH degree if the offender is not such an officer or
employee. If the offender is an officer or employee of the department of
rehabilitation and correction, the court shall impose a mandatory prison term.
(3) Whoever violates division (A)(3) of this section or commits a
violation of division (C) of this section involving any
intoxicating liquor is guilty of illegal conveyance of
intoxicating liquor onto the grounds of a detention facility or a
mental health or mental retardation and developmental
disabilities institution, a misdemeanor of the second degree.
(4) Whoever violates division (D) of this section is guilty of illegal
conveyance of cash onto the grounds of a detention facility, a misdemeanor of
the first degree. If the offender previously has been convicted of or pleaded
guilty to a violation of division (D) of this section, illegal conveyance of
cash onto the grounds of a detention facility is a felony of the
fifth degree.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2)
of this section, any facility other than an offender's home
or residence in which an offender is assigned to live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain
employment or may receive education, training, treatment, or
habilitation.
(b) It has received the appropriate license or certificate for any
specialized education, training, treatment, habilitation, or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a community-based correctional facility, jail,
halfway house, or prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms pursuant to
section 2967.11 of the Revised Code because the parole board
finds by clear and convincing evidence that the
offender, while serving the prison term or terms, committed an
act that is a criminal offense under the law of this state or the
United States, whether or not the offender is prosecuted for
the commission of that act.
(C) "Basic probation supervision" means a
requirement that the offender maintain contact with a person
appointed
to supervise the offender in accordance
with sanctions imposed by the court or imposed by the parole board pursuant to
section 2967.28 of the Revised Code. "Basic probation supervision"
includes basic parole supervision and basic post-release control
supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional
facility" means a community-based correctional facility and
program or district community-based correctional facility and
program developed pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is not a prison term and that is described
in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised
Code.
(G) March 10, 1998 "Controlled substance," "marihuana," "schedule I,"
and "schedule II" have the same meanings as in section 3719.01 of the Revised
Code.
(H) "Curfew" means a requirement that
an offender during a specified period of time be at a designated
place.
(I) "Day reporting" means a sanction
pursuant to which an offender is required each day to report to
and leave a center or other approved reporting location at
specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center.
(J) "Deadly weapon" has the same
meaning as in section 2923.11 of the Revised
Code.
(K) "Drug and alcohol use monitoring"
means a program under which an offender agrees to submit to
random chemical analysis of the offender's blood, breath, or urine to
determine whether the offender has ingested any alcohol or other
drugs.
(L) "Drug treatment program" means
any program under which a person undergoes assessment and treatment designed
to
reduce or completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and treatment on an outpatient basis or may be required to
reside at a facility other than the person's home or residence while
undergoing assessment and treatment.
(M) "Economic loss" means any
economic detriment suffered by a victim as a result of the commission of a
felony and includes any loss
of income due to lost
time at work because of any injury caused to the victim, and any
property loss, medical cost, or funeral expense incurred as a
result of the commission of the
felony.
(N) "Education or training" includes
study at, or in conjunction with a program offered by, a
university, college, or technical college or vocational study and
also includes the completion of primary school, secondary school,
and literacy curricula or their equivalent.
(O) "Electronically monitored house
arrest" has the same meaning as in section 2929.23 of the
Revised Code.
(P) "Eligible offender" has the same
meaning as in section 2929.23 of the Revised Code
except as otherwise specified in section 2929.20 of the
Revised Code.
(Q) "Firearm" has the same meaning as
in section 2923.11 of the Revised Code.
(R) "Halfway house" means a facility
licensed by the division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the Revised Code as a suitable
facility for the care and treatment of adult offenders.
(S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in other premises specified by the
sentencing court or by the parole board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the following apply:
(1) The eligible offender is required to remain in the eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing court or by the parole board.
(2) The eligible offender is required
to report periodically to a person designated by the
court or parole board.
(3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(T) "Intensive probation supervision" means a
requirement that an offender maintain frequent contact with a
person appointed by the court, or by the parole board pursuant to section
2967.28 of the Revised Code, to supervise the offender while the
offender is seeking or maintaining necessary employment and
participating in training, education, and treatment programs as
required in the court's or parole board's order. "Intensive
probation supervision" includes intensive parole supervision and intensive
post-release control supervision.
(U) "Jail" means a jail, workhouse,
minimum security jail, or other residential facility
used for the confinement of alleged or convicted offenders that
is operated by a political subdivision or a combination of
political subdivisions of this state.
(V) "Delinquent child" has the same meaning as in section
2151.02 of the
Revised Code.
(W) "License violation report" means
a report that is made by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board or agency that issued an offender a professional
license or a license or permit to do business
in this state and that specifies that the offender has been
convicted of or pleaded guilty to an offense that may violate the
conditions under which the offender's professional license or
license or permit to do business in this state was granted or an offense
for which the offender's professional license or license or permit to do
business in this state may be revoked or suspended.
(X) "Major drug offender" means an
offender who is convicted of or pleads guilty to the possession
of, sale of, or offer to sell any drug, compound, mixture,
preparation, or substance that consists of or contains at least
one thousand grams of hashish; at least one hundred
grams of crack cocaine; at least one thousand grams of cocaine that is not
crack cocaine; at least two thousand five hundred unit doses or two
hundred fifty grams of
heroin; at least five thousand unit doses of
L.S.D. or five hundred grams of L.S.D. in a
liquid concentrate, liquid extract, or liquid distillate form; or at least
one hundred times the
amount of any other schedule I or II controlled
substance other than marihuana that is necessary to commit a
felony of the third degree pursuant to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised Code
that is based on the possession of, sale of, or offer to sell the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in prison that must be imposed for the offenses or
circumstances set forth in divisions (F)(1) to (8) or
(F)(11) of section
2929.13 and division (D) of section 2929.14 of the
Revised Code. Except as provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty days in prison
that a sentencing court is required to impose for a fourth degree felony
OMVI offense pursuant
to division (G)(2) of section 2929.13 and division (A)(4) of
section 4511.99 of the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances described in
division (F)(10) of section 2929.13 of the Revised Code and
that term as
modified or terminated pursuant to
section 2971.05 of the Revised Code.
(Z) "Monitored time" means a period
of time during which an offender continues to be under the
control of the sentencing court or parole board, subject to no
conditions other than leading a law-abiding life.
(AA) "Offender" means a person who,
in this state, is convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "Prison" means a residential
facility used for the confinement of convicted felony offenders
that is under the control of the department of rehabilitation and
correction but does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following
sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval of, the sentencing court pursuant to section 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant to section 2967.11 of the Revised Code
or imposed for a violation of post-release control pursuant to
section 2967.28 of the Revised Code.
(DD) "Repeat violent offender" means
a person about whom both of the following apply:
(1) The person has been convicted of or has pleaded
guilty to, and is being sentenced for committing, for
complicity in committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a felony of the first degree set forth in Chapter
2925. of the Revised Code that involved an attempt
to cause serious physical harm to a person or that resulted in serious
physical harm to a person, or a
felony of the second degree that involved an attempt to cause serious physical
harm to a person
or that resulted in serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty to, and served a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter, rape, felonious
sexual penetration as it existed under
section 2907.12 of the Revised Code prior to September 3,
1996, a felony of the first or second degree that resulted in the death
of a person or in physical harm to a person, or complicity in or an attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this state, another state, or the
United States that is or was substantially equivalent to an offense listed
under division (DD)(2)(a)(i) of this section and that
resulted in the death of a person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child for
committing an act that if committed by an adult would have been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth services for that
delinquent act, and the juvenile court in which the person was adjudicated a
delinquent child made a specific finding that the adjudication should be
considered
a conviction for purposes of a determination in the future pursuant to this
chapter as to whether the person is a repeat violent offender.
(EE) "Sanction" means any penalty
imposed upon an offender who is convicted of or pleads guilty to
an offense, as punishment for the offense. "Sanction"
includes any sanction imposed pursuant to any provision of
sections 2929.14 to 2929.18 of the Revised Code.
(FF) "Sentence" means the sanction or
combination of sanctions imposed by the sentencing court on an
offender who is convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the
prison term, mandatory prison term, or combination of all
prison terms and mandatory prison terms imposed by the
sentencing court pursuant to section 2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation"
means a reconciliation or mediation program that involves an
offender and the victim of the offense committed by the offender and that
includes a meeting in which the offender and the victim may discuss the
offense, discuss restitution, and consider other sanctions for
the offense.
(II) "Fourth degree felony
OMVI offense" means a violation of division (A) of section
4511.19 of the Revised
Code that, under section 4511.99 of
the Revised
Code, is a felony of the fourth degree.
(JJ) "Mandatory term of local
incarceration" means the term of sixty days in a jail, a
community-based correctional facility, a halfway house, or an alternative
residential facility that a sentencing court is required to impose upon a
person who is convicted of or pleads guilty to a fourth degree felony
OMVI offense pursuant to division (G)(1) of section
2929.13 of the Revised Code and division (A)(4) of section 4511.99 of the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense," "sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator specification"
have the same meanings as in section 2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually oriented
offense," and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code.
(NN)(MM) An offense is "committed in the vicinity of a child"
if the offender commits the offense within thirty feet of or within the same
residential unit as a child who
is under eighteen years of age, regardless of whether the offender knows the
age of the child or whether the offender knows the offense is
being committed within thirty feet of or within the same residential unit as
the child and regardless of whether the child actually views the commission of
the offense.
(OO)(NN) "Family or household member" has the same meaning as
in section 2919.25 of the Revised Code.
(MM)(OO) "Motor vehicle" and "manufactured home" have the
same meanings as in section 4501.01 of the Revised Code.
(NN)(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS
IN SECTION 5120.63 OF THE
REVISED
CODE.
(RR) "FELONY SEX OFFENSE" HAS THE SAME MEANING AS IN
SECTION 2967.28 OF THE REVISED
CODE.
Sec. 2929.15. (A)(1) If in sentencing an offender for a felony the court is
not required to impose a prison term, a mandatory prison term, or a
term of life imprisonment upon the offender, the court may directly impose a
sentence that consists of one or more community
control sanctions
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of
the Revised Code. If the court is sentencing an offender for a fourth
degree felony OMVI offense and if it is required to impose on the
offender a mandatory term of local incarceration pursuant to division
(G)(1) of section 2929.13 of the Revised Code, in addition to the
mandatory term of local incarceration and the mandatory fine required by
division (B)(3) of section
2929.18 of the Revised Code, the court may impose upon the offender a
community control sanction or combination of community control sanctions in
accordance with sections 2929.16 and 2929.17 of the Revised Code.
The duration of all community
control sanctions imposed upon an offender shall not exceed
five years.
If the offender absconds or otherwise leaves the jurisdiction of the court
in which the offender resides without obtaining permission from the court or
the offender's probation officer to leave the jurisdiction of the court, or if
the offender is confined in any institution for the commission of any offense
while under a community control sanction, the period of the community control
sanction ceases to run until the offender is brought before the court for its
further action.
If the court sentences the offender to one or more nonresidential
sanctions under section 2929.17 of the Revised Code, the court shall impose
as a condition of
the nonresidential sanctions that, during the period of the sanctions, the
offender must abide by the law and must not leave the state without the
permission of the court or the offender's probation officer. The court
may impose any
other conditions of release under a community control sanction that the court
considers appropriate, INCLUDING, BUT NOT LIMITED TO,
REQUIRING THAT THE OFFENDER NOT INGEST OR BE INJECTED WITH A DRUG OF
ABUSE AND SUBMIT TO RANDOM DRUG TESTING AS
PROVIDED IN DIVISION (D) OF
THIS SECTION TO DETERMINE WHETHER THE OFFENDER INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE AND REQUIRING THAT THE
RESULTS OF THE DRUG TEST INDICATE THAT THE OFFENDER DID NOT INGEST OR WAS NOT
INJECTED WITH A DRUG OF ABUSE. If the court is sentencing an
offender for a fourth degree felony OMVI offense and if it is
required to impose on
the offender a mandatory prison term pursuant to division
(G)(2) of section 2929.13 of the Revised Code,
the court shall not impose upon the offender any community control sanction or
combination of community control sanctions under section 2929.16 or 2929.17 of
the Revised Code.
(2)(a) If a court sentences an offender to any community control sanction
or combination of community control sanctions authorized
pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, the
court shall place the offender under the general control and
supervision of a department of probation in the county that
serves the court for purposes of reporting to the court a
violation of any condition of the sanctions,
ANY CONDITION OF RELEASE UNDER A
COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT,
a
violation of law, or the departure of the offender from this state without the
permission of the court or the offender's probation officer.
Alternatively, if
the offender resides in another county and a county department of probation
has been
established in that county or that county is served by a multicounty probation
department established under section 2301.27 of the Revised
Code, the court may request the
court of common pleas of that county to receive the offender into the general
control and supervision
of that county or multicounty department of probation for
purposes of reporting to the court a violation of any condition of the
sanctions,
ANY CONDITION OF RELEASE UNDER A
COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT,
a violation of law, or the
departure of the offender from this state without the permission of the court
or the offender's probation officer, subject to the jurisdiction of
the
trial judge over
and with respect to the person of the offender, and to the rules
governing that department of probation.
If there is no department of
probation in the county that serves the court, the court shall place the
offender, regardless of the offender's county of residence, under the general
control and supervision of the adult parole authority for
purposes of reporting to the court a violation of any of the sanctions,
ANY CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION IMPOSED BY THE
COURT, a violation of law, or the departure of the
offender from this state without the permission of the court or the offender's
probation officer.
(b) If the court imposing sentence upon an offender sentences the offender to
any community control sanction or
combination of community control sanctions authorized pursuant
to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, and if the offender
violates any condition of the sanctions,
ANY CONDITION OF RELEASE UNDER A
COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT,
violates any law, or departs the state without the permission of the court
or the offender's probation officer, the public or
private person or
entity that operates or administers the sanction or the program
or activity that comprises the sanction shall report the
violation or departure directly to the sentencing court, or shall
report the
violation or departure to the county or multicounty department of
probation
with general control and supervision over the offender under
division (A)(2)(a) of this section or the officer of that department who
supervises the offender, or, if there is no such department with general
control and supervision over the offender under that division,
to the adult parole authority. If the public or private person
or entity that operates or administers the sanction or the
program or activity that comprises the sanction reports the
violation or departure to the county or multicounty department of
probation
or the adult parole authority, the department's or authority's
officers may treat the offender as if the offender were on probation and
in violation of the probation, and shall report the violation of
the condition of the sanction,
ANY CONDITION OF RELEASE UNDER A
COMMUNITY CONTROL SANCTION IMPOSED BY THE COURT,
the violation of law, or
the departure from the state without the required permission to the
sentencing court.
(B) If the conditions of a community control
sanction are violated or if the
offender violates a law or leaves the state without the permission of the
court or the offender's probation officer, the sentencing court may
impose a longer time under the same sanction if the total time under the
sanctions does not exceed the five-year limit specified in
division (A) of this section, may impose a more
restrictive sanction under section 2929.16, 2929.17, or 2929.18 of the Revised
Code, or may impose a prison term on the offender pursuant to
section 2929.14 of the Revised Code. The prison
term, if any, imposed upon a violator pursuant to this division
shall be within the range of prison terms available for the
offense for which the sanction that was violated was imposed and
shall not exceed the prison term specified in the notice provided
to the offender at the sentencing hearing pursuant to division
(B)(3) of section 2929.19 of the Revised
Code. The court may reduce the longer period of time
that the offender is required to spend under the longer sanction,
the more restrictive sanction, or a prison term imposed pursuant
to this division by the time the offender successfully spent
under the sanction that was initially imposed.
(C) If an offender, for a significant period of
time, fulfills the conditions of a sanction imposed pursuant to
section 2929.16, 2929.17, or 2929.18 of the Revised
Code in an exemplary manner, the court may reduce the
period of time under the sanction or impose a less restrictive
sanction, but the court shall not permit
the offender to violate any law or permit the offender to leave the state
without the permission of the court or the offender's probation officer.
(D)(1) IF A COURT UNDER DIVISION
(A)(1) OF THIS SECTION IMPOSES
A CONDITION OF RELEASE UNDER A COMMUNITY CONTROL SANCTION THAT
REQUIRES THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING, THE
DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER UNDER
DIVISION (A)(2)(a) OF THIS SECTION
MAY CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING
PERFORMED BY A LABORATORY OR
ENTITY THAT HAS ENTERED INTO A
CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR OFFICERS AUTHORIZED
TO ENTER INTO A CONTRACT WITH THAT LABORATORY OR ENTITY UNDER
SECTION 341.26, 753.33, OR 5120.63 OF THE
REVISED
CODE.
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION
(D)(1) OF THIS SECTION HAS ENTERED
INTO A CONTRACT AS SPECIFIED IN THAT DIVISION, THE
DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER UNDER
DIVISION (A)(2)(a) OF THIS SECTION
SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING
PERFORMED BY A REPUTABLE PUBLIC LABORATORY
TO DETERMINE WHETHER THE INDIVIDUAL
WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS INJECTED WITH A DRUG OF
ABUSE.
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A CONTRACT
PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE
REVISED CODE SHALL PERFORM THE RANDOM
DRUG TESTS UNDER DIVISION (D)(1) OF THIS SECTION IN ACCORDANCE WITH
THE APPLICABLE STANDARDS THAT
ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A PUBLIC LABORATORY SHALL PERFORM
THE RANDOM DRUG TESTS UNDER DIVISION (D)(2) OF THIS SECTION IN
ACCORDANCE WITH THE STANDARDS SET
FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.63 of the Revised Code. AN OFFENDER
WHO IS REQUIRED UNDER DIVISION
(A)(1) OF THIS SECTION TO
SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF RELEASE UNDER A
COMMUNITY CONTROL SANCTION AND WHOSE TEST RESULTS INDICATE THAT THE OFFENDER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR THE DRUG
TEST IF THE DEPARTMENT OF PROBATION OR THE ADULT PAROLE AUTHORITY THAT HAS
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER REQUIRES PAYMENT OF A FEE. A
LABORATORY OR ENTITY THAT PERFORMS THE RANDOM DRUG TESTING ON AN
OFFENDER UNDER DIVISION (D)(1) OR (2) OF THIS SECTION SHALL TRANSMIT
THE RESULTS OF THE DRUG TEST
TO THE APPROPRIATE DEPARTMENT OF PROBATION OR THE ADULT PAROLE
AUTHORITY THAT HAS GENERAL CONTROL AND SUPERVISION OF THE
OFFENDER UNDER DIVISION (A)(2)(a) OF
THIS SECTION.
Sec. 2929.17. The court imposing a sentence for a
felony upon an offender who is not required to serve a mandatory
prison term may impose any nonresidential sanction or combination
of nonresidential sanctions authorized under this section.
If the court imposes one or more nonresidential sanctions authorized under
this section, the court shall impose
as a condition of the sanction that, during the period of the nonresidential
sanction, the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation officer.
The court imposing a sentence for a fourth degree felony
OMVI offense upon an offender who is required to
serve a mandatory term of local incarceration under division (G)(1)
of section 2929.13 of the Revised Code may impose upon the offender, in
addition to the mandatory term of local incarceration, a nonresidential
sanction or combination of nonresidential sanctions under this section, and
the offender shall serve or satisfy the sanction or combination of sanctions
after the offender has served the mandatory term of local incarceration
required for the offense. Nonresidential sanctions include, but are not
limited to, the following:
(A) A term of day reporting;
(B) A term of electronically monitored house arrest, a
term of electronic monitoring without house arrest, or a term of
house arrest without electronic monitoring;
(C) A term of community service of up to five hundred
hours pursuant to division (F) of section 2951.02 of the
Revised Code or, if the court determines that the
offender is financially incapable of fulfilling a financial
sanction described in section 2929.18 of the Revised
Code, a term of community service as an alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, INCLUDING RANDOM
DRUG TESTING PURSUANT TO SECTION 2951.05 of the Revised Code;
(I) A curfew term;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or training;
(L) Provided the court obtains the prior approval of the victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at the
time of the violation, if the offender committed the offense in the vicinity
of one or more children who are not victims of the offense, and if the
offender or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children, a requirement that
the
offender obtain counseling. This division does not limit the
court in requiring the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
Sec. 2929.19. (A)(1) The court shall hold a sentencing hearing
before imposing a sentence
under this chapter upon an offender who was convicted of or
pleaded guilty to a felony and before resentencing an offender
who was convicted of or pleaded guilty to a felony and whose case
was remanded pursuant to section 2953.07 or 2953.08 of the Revised
Code. At the hearing, the offender, the prosecuting attorney, the victim or
the victim's representative in accordance with section 2930.14 of
the Revised Code, and, with the approval of the
court, any other person may present information relevant to the
imposition of sentence in the case. The court shall inform the
offender of the verdict of the jury or finding of the court and
ask the offender whether the offender has anything to say as to why
sentence should not be imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a sexually oriented offense that was committed on or after
January 1, 1997,
and that is not a sexually violent offense,
and before imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997, and who was not
charged with a sexually violent
predator specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court shall conduct a
hearing in accordance with division (B)
of section 2950.09 of the Revised Code to
determine whether the offender is a sexual predator. The court shall not
conduct a hearing under that division if the offender is being sentenced for a
sexually violent offense and a sexually violent predator specification was
included in the
indictment, count in the indictment, or information charging the
sexually violent offense. Before imposing sentence on an
offender who is being sentenced for a sexually oriented offense,
the court also shall comply with division (E) of section 2950.09 of
the Revised Code.
(B)(1) At the sentencing hearing, the court,
before imposing sentence, shall consider the record,
any information presented at the hearing by any person pursuant
to division (A) of this section, and, if one was
prepared, the presentence investigation report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant to section 2947.051 of the
Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for which
the court is required to impose sentence pursuant to division (G) of
section 2929.14 of the Revised Code, if it imposes a prison term for a felony
of the fourth or fifth degree or for a felony drug
offense that is a violation of a provision of
Chapter 2925. of the Revised Code and that is specified as
being subject to division (B)
of section 2929.13 of the Revised Code for purposes of
sentencing and, if the term is not a mandatory prison term imposed pursuant to
division (G)(2) of section 2929.13 of the Revised Code for a felony
OMVI offense, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony sentencing set
forth in section 2929.11 of the Revised Code, and any factors
listed in divisions (B)(1)(a) to (i) of section 2929.13 of
the Revised
Code that it found to apply relative to the offender.
(b) If it does not impose a
prison term for a felony of the first or second degree or for
a felony drug offense that is a violation of a
provision of Chapter 2925. of
the Revised Code and for which a
presumption in favor of a prison term is specified as being
applicable, its reasons for not imposing the prison term and for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under
section 2929.14 of the Revised Code, its reasons for imposing
the consecutive sentences;
(d) If the sentence is for one offense and it imposes a prison term for the
offense that is the maximum prison term allowed for that offense by division
(A) of section 2929.14 of the Revised Code, its reasons for imposing the
maximum prison term;
(e) If the sentence is for two or more offenses arising out of a single
incident and it imposes a prison term for those offenses that is the maximum
prison term allowed for the offense of the highest degree by division (A) of
section 2929.14 of the Revised Code, its reasons for imposing the maximum
prison term.
(3) Subject to division (B)(4) of
this section, if the sentencing court determines at the
sentencing hearing that a prison term is necessary or required,
the court shall do all of the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain violations of
prison rules for up to
one-half of the stated prison term;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender leaves prison if
the
offender is
being sentenced for a
felony of the first degree or second
degree, for a felony
sex offense as defined in section 2967.28 of the Revised Code, or for
a
felony of the third
degree in the commission of which
the
offender caused or threatened to cause physical harm to a person;
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender leaves prison if
the
offender is being sentenced for a
felony of the third, fourth, or fifth degree that is not subject to
division (B)(3)(c) of this section;
(e) Notify the offender that, if a
period of supervision is imposed following
the
offender's release from prison, as described in division
(B)(3)(c) or (d) of this
section, and if the offender violates that supervision
OR A CONDITION OF POST-RELEASE CONTROL IMPOSED UNDER DIVISION (B)
OF SECTION 2967.131 of the Revised Code, the parole board may
impose a prison
term, as part of the sentence, of up to one-half of the stated
prison term originally imposed
upon the offender;
(f) REQUIRE THAT THE OFFENDER NOT INGEST OR
BE INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM DRUG
TESTING AS PROVIDED IN SECTION 341.26, 753.33, OR 5120.63 OF THE
REVISED
CODE, WHICHEVER IS APPLICABLE
TO THE OFFENDER WHO IS SERVING A PRISON TERM, AND REQUIRE THAT
THE RESULTS OF THE DRUG TEST ADMINISTERED UNDER ANY OF THOSE
SECTIONS INDICATE THAT THE OFFENDER DID NOT INGEST OR WAS NOT
INJECTED WITH A DRUG OF ABUSE.
(4) If the offender is being sentenced for a sexually violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the indictment, count in
the indictment, or information charging the sexually violent offense or if the
offender is being sentenced for a sexually oriented offense that the offender
committed on or after
January 1, 1997, and the court
imposing the sentence has determined pursuant to division (B) of
section 2950.09 of
the Revised Code that the offender is a sexual predator, the
court shall include in the offender's sentence a statement that
the offender has been adjudicated as being a sexual predator and shall
comply with the requirements of section 2950.03 of the Revised
Code. Additionally, in the circumstances described in division
(G) of section 2929.14 of the Revised Code, the court shall impose sentence on
the offender as described in that division.
(5) If the sentencing court determines at the
sentencing hearing that a community control sanction should be
imposed and the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any law, or if the offender leaves this
state without the permission of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more restrictive sanction, or may
impose a prison term on the offender and shall indicate the
specific prison term that may be imposed as a sanction for the
violation, as selected by the court from the range of prison
terms for the offense pursuant to section 2929.14 of the
Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.25 of the Revised
Code, the court shall consider the offender's present and future ability to
pay the amount of the sanction or fine.
(C)(1) If the offender is being sentenced for a fourth degree felony
OMVI offense and if the court is required by division (G)(1) of
section 2929.13 of the Revised Code to impose as a sanction a mandatory term
of local incarceration, the court shall impose the mandatory term of local
incarceration in accordance with that division, shall impose a mandatory fine
in accordance with division (B)(3) of section 2929.18 of the Revised Code,
and, in addition, may impose additional sanctions as specified in sections
2929.15, 2929.16, 2929.17, and 2929.18 of the Revised Code. The court shall
not impose a prison term on the offender.
(2) If the offender is being sentenced for a fourth degree felony
OMVI offense and if the court is required by division (G)(2) of
section 2929.13 of the Revised Code to impose as a sanction a mandatory prison
term, the court shall impose the mandatory prison term in accordance with that
division, shall impose a mandatory fine in accordance with division (B)(3) of
section 2929.18 of the Revised Code, and, in addition, may impose an
additional prison term as specified in section 2929.14 of the Revised Code.
The court shall not impose any community control sanction on the offender.
(D) If the sentencing court determines at the sentencing hearing
that an offender is eligible for placement in a program of shock incarceration
under section 5120.031 of the Revised Code or in an intensive program prison under section
5120.032 of the Revised Code, the court, pursuant to division (K) of
section 2929.14 of the Revised Code, may recommend placement of the offender in a program of
shock incarceration or an intensive program prison, disapprove placement of
the offender in a program or prison of that nature, or make no recommendation.
The court shall make a finding that gives its reasons for its recommendation
or disapproval.
Sec. 2951.02. (A)(1) In determining whether to suspend
a sentence of imprisonment imposed upon an offender for a misdemeanor and
place the offender on probation or
whether to otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section
2929.51 of the Revised Code, the court shall consider the risk
that the offender will commit another offense and the need for
protecting the public from the risk, the nature and circumstances
of the offense, and the history, character, and condition of the
offender.
(2) An offender who has been convicted of or pleaded
guilty to a misdemeanor shall not be placed on probation and shall not
otherwise have the sentence of imprisonment imposed upon the offender
suspended
pursuant to division (A) of section 2929.51 of
the Revised
Code if either of the following applies:
(a) The offender is a repeat or dangerous offender,
as defined in section 2935.36 of the Revised
Code.
(b) The misdemeanor offense involved was not a
violation of section 2923.12 of the Revised
Code and was committed while the offender was
armed with a firearm or dangerous ordnance, as defined in section 2923.11
of
the Revised
Code.
(B) The following do not control the court's discretion
but the court shall consider them in favor of placing an offender who has been
convicted of or pleaded guilty to a misdemeanor on probation or in favor of
otherwise suspending the offender's
sentence of imprisonment pursuant to division (A) of section 2929.51 of the
Revised Code:
(1) The offense neither caused nor threatened serious harm
to persons or property, or the offender did not contemplate that
it would do so.
(2) The offense was the result of circumstances unlikely
to recur.
(3) The victim of the offense induced or facilitated it.
(4) There are substantial grounds tending to excuse or
justify the offense, though failing to establish a defense.
(5) The offender acted under strong provocation.
(6) The offender has no history of prior delinquency or
criminal activity, or has led a law-abiding life for a
substantial period before commission of the present offense.
(7) The offender is likely to respond affirmatively to
probationary or other court-imposed treatment.
(8) The character and attitudes of the offender indicate
that the offender is unlikely to commit another offense.
(9) The offender has made or will make restitution or
reparation to the victim of the offender's offense for the injury, damage,
or loss sustained.
(10) Imprisonment of the offender will entail undue hardship to the offender
or the offender's dependents.
(C)(1) When an offender who has been convicted of or pleaded
guilty to a
misdemeanor is placed on probation or the sentence of
that type of offender otherwise is suspended pursuant to division (A)
of section
2929.51 of the Revised Code, the probation or
other suspension shall be at least on condition that, during the
period of probation or other suspension, the offender shall abide by the
law and shall not leave the
state
without
the permission of the court
or the offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good behavior, the
court may impose additional requirements on the offender.
Compliance with the additional requirements imposed under this division also
shall be a condition of the offender's probation or other suspension. The
additional requirements so imposed may include, but shall not be limited to,
any of the following:
(i)(a) A requirement that the offender make
restitution pursuant to section 2929.21 of the Revised Code for all or part of
the property damage that is caused
by the offender's offense and for all or part of the value of the property
that is the subject of any theft offense, as defined in division
(K) of section 2913.01 of the Revised Code, that the offender committed;
(ii)(b) If the offense is a violation of section 2919.25 or a
violation of
section 2903.13 of the Revised Code involving a person who was a family or
household member at the time of the violation, if the offender committed the
offense in the vicinity of one or more children who are not victims of the
offense, and if the offender or the victim of the offense is a parent,
guardian, custodian, or person in loco parentis of one or more of those
children, a requirement that the offender obtain counseling. This division
does not limit the court in imposing a requirement that the offender obtain
counseling for any offense or in any circumstance not specified in this
division.
(c) A REQUIREMENT THAT THE OFFENDER NOT INGEST OR BE INJECTED
WITH A DRUG OF ABUSE AND SUBMIT TO RANDOM
DRUG TESTING AND REQUIRING THAT THE RESULTS OF THE DRUG TEST INDICATE
THAT THE OFFENDER DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG
OF ABUSE. IF THE COURT REQUIRES THE OFFENDER TO SUBMIT TO
RANDOM DRUG TESTING UNDER DIVISION
(C)(1)(c) OF THIS SECTION, THE
COUNTY DEPARTMENT OF PROBATION, THE MULTICOUNTY DEPARTMENT OF
PROBATION, OR THE ADULT PAROLE AUTHORITY, AS APPROPRIATE, THAT
HAS GENERAL CONTROL AND SUPERVISION OF OFFENDERS WHO ARE ON
PROBATION OR OTHER SUSPENSION OR ARE UNDER A NONRESIDENTIAL
SANCTION, SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG
TESTING PURSUANT TO SECTION 2951.05 OF THE REVISED
CODE.
(2) During the period of a misdemeanor offender's
probation or other suspension or during the period of a felon's
nonresidential sanction,
authorized probation officers who are engaged within the scope of their
supervisory duties or responsibilities may search, with or without a warrant,
the person of the offender, the place of residence of the offender, and a
motor vehicle, another item of tangible or intangible personal property, or
other real property in which the offender has a right, title, or interest or
for which the offender has the express or implied permission of a person with
a right,
title, or interest to use, occupy, or possess if the probation officers have
reasonable grounds to believe that the offender is not abiding by the law or
otherwise is not complying with the conditions of the offender's probation or
other
suspension or the conditions of the offender's nonresidential sanction.
If a felon who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as described in
division (A)(2)(a) of section 2929.15 of the Revised Code, adult
parole authority field officers with supervisory responsibilities over the
felon shall have the same search authority relative to the felon during the
period of the sanction as is described under this division for probation
officers. The court that places the offender on probation or
suspends
the misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2)
or (4) of section 2929.51 of the Revised Code or that sentences the felon
to a nonresidential sanction pursuant to section 2929.17 of the Revised Code shall
provide the offender with a written notice that
informs the offender that authorized probation officers or adult parole
authority field officers with supervisory responsibilities over the
offender who are engaged within
the scope of their supervisory duties or responsibilities may conduct those
types
of searches during the period of probation or other suspension or during
the period of the nonresidential sanction if they have
reasonable grounds to believe that the offender is not abiding by the law or
otherwise is not complying with the conditions of the offender's probation or
other suspension or the conditions of the offender's nonresidential
sanction.
(D) The following do not control the court's discretion
but the court shall consider them against placing an offender who has been
convicted of or pleaded guilty to a misdemeanor on probation and against
otherwise suspending the offender's sentence of
imprisonment pursuant to division (A) of section 2929.51 of the Revised Code:
(1) The offender recently violated the conditions of
pardon, post-release control pursuant to section 2967.28 of
the
Revised Code, or a probation or suspension pursuant to
division (A) of section 2929.51 of the Revised Code,
previously granted the offender.
(2) There is a substantial risk that, while at liberty
during the period of probation or other suspension, the offender
will commit another offense.
(3) The offender is in need of correctional or
rehabilitative treatment that can be provided best by the offender's
commitment to a locally governed and operated residential facility.
(4) Regardless of whether the offender knew the age of the
victim, the victim of the offense was sixty-five years of age or
older or permanently and totally disabled at the time of the
commission of the offense.
(E) The criteria listed in divisions (B) and (D) of this
section shall not be construed to limit the matters that may be
considered in determining whether to suspend sentence of
imprisonment and place an offender who has been convicted of or pleaded guilty
to a misdemeanor on probation or whether to
otherwise suspend the offender's sentence of imprisonment pursuant
to division
(A) of section 2929.51 of the Revised Code.
(F)(1) When an offender is
convicted
of or pleads guilty to a misdemeanor, the
court may require the offender, as a condition of probation or as a condition
of otherwise suspending the offender's sentence pursuant to division (A) of
section 2929.51 of the Revised Code, in addition to the
conditions of probation or other suspension imposed pursuant to
division (C) of this section, to perform supervised community
service work under the authority of health districts, park
districts, counties, municipal corporations, townships, other
political subdivisions of the state, or agencies of the state or
any of its political subdivisions, or under the authority of
charitable organizations that render services to the community or
its citizens, in accordance with this division. Supervised
community service work shall not be required as a condition of
probation or other suspension under this division unless the
offender agrees to perform the work offered as a condition of
probation or other suspension by the court. The court may
require an offender who agrees to perform the work to pay to it a
reasonable fee to cover the costs of the offender's participation in the
work, including, but not limited to, the costs of procuring a
policy or policies of liability insurance to cover the period
during which the offender will perform the work.
A court may permit any offender convicted of a misdemeanor
to satisfy the payment of a fine imposed for the offense by
performing supervised community service work as described in this
division if the offender requests an opportunity to satisfy the
payment by this means and if the court determines the offender is
financially unable to pay the fine.
The supervised community service work that may be imposed
under this division shall be subject to the following
limitations:
(a) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the offender's
occupation or to care for the offender's family. The period of the work as
fixed by the court shall not exceed an aggregate of two hundred
hours.
(b) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work
before the court requires the offender to perform the work for the entity. A
court shall not require an offender to perform supervised
community service work for an agency, political subdivision, or
charitable organization at a location that is an unreasonable
distance from the offender's residence or domicile, unless the
offender is provided with transportation to the location where
the work is to be performed.
(c) A court may enter into an agreement with a county
department of job and family services for the management, placement, and
supervision of offenders eligible for community service work in work
activities,
developmental activities, and
alternative work activities under sections 5107.40
to 5107.69 of the
Revised Code. If a court and a county
department of job and family services have entered into an
agreement of that nature, the clerk of that court is authorized to pay
directly to the county department all or a portion of the fees
collected by the court pursuant to this division in accordance with the terms
of its agreement.
(d) Community service work that a court requires under
this division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official
or designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall
report, in writing, to the court and to the offender's probation
officer concerning the conduct of the offender in performing the
work.
(2) When an offender is convicted of a felony, the court
may impose pursuant to sections 2929.15 and 2929.17 of the Revised Code a
sanction that requires the offender to perform supervised community
service work in accordance with this division and under the
authority of any agency, political subdivision, or charitable
organization as described in division (F)(1) of this section. The court may
require an offender who is ordered to
perform the work to pay to it a reasonable fee to cover the costs
of the offender's participation in the work, including, but not limited to,
the costs of procuring a policy or policies of liability
insurance to cover the period during which the offender will
perform the work.
A court may permit an offender convicted of a felony to
satisfy the payment of a fine imposed for the offense pursuant to section
2929.18 of the Revised Code by performing supervised community service work as
described in this
division if the court determines that the offender is financially unable to pay
the fine.
The supervised community service work that may be imposed
under this division shall be subject to the limitations specified
in divisions (F)(1)(a) to (d) of this section, except that the court is not
required to obtain the agreement of the offender to impose supervised
community work as a sanction. Additionally, the total of any period of
supervised community service work imposed on an offender under this division
plus the period of all other sanctions imposed pursuant to sections 2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code shall not exceed five years.
(G)(1) When an offender is convicted of a violation of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, the court may require, as
a condition of probation in addition to the required conditions
of probation and the discretionary conditions of probation that
may be imposed pursuant to division (C) of this section, any
suspension or revocation of a driver's or commercial driver's
license or permit or nonresident operating privilege, and all
other penalties provided by law or by ordinance, that the
offender operate only a motor vehicle equipped with an ignition
interlock device that is certified pursuant to section 4511.83 of
the Revised Code.
(2) When a court requires an offender, as a condition of
probation pursuant to division (G)(1) of this section, to operate
only a motor vehicle equipped with an ignition interlock device
that is certified pursuant to section 4511.83 of the Revised
Code, the offender immediately shall surrender the offender's driver's or
commercial driver's license or permit to the court. Upon the
receipt of the offender's license or permit, the court shall
issue an order authorizing the offender to operate a motor
vehicle equipped with a certified ignition interlock device,
deliver the offender's license or permit to the bureau of motor
vehicles, and include in the abstract of the case forwarded to
the bureau pursuant to section 4507.021 of the Revised Code the
conditions of probation imposed pursuant to division (G)(1) of
this section. The court shall give the offender a copy of its
order, and that copy shall be used by the offender in lieu of a
driver's or commercial driver's license or permit until the
bureau issues a restricted license to the offender.
(3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division (G)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be
identical to the surrendered license, except that it shall have
printed on its face a statement that the offender is prohibited
from operating a motor vehicle that is not equipped with an
ignition interlock device that is certified pursuant to section
4511.83 of the Revised Code. The bureau shall deliver the
offender's surrendered license or permit to the court upon
receipt of a court order requiring it to do so, or reissue the
offender's license or permit under section 4507.54 of the Revised
Code if the registrar destroyed the offender's license or permit
under that section. The offender shall surrender the restricted
license to the court upon receipt of the offender's surrendered license or
permit.
(4) If an offender violates a requirement of the court imposed under division
(G)(1) of this section, the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege may be suspended as provided in section 4507.16 of the Revised
Code.
(5)(H) As used in this division, "ignition
SECTION:
(1) "REPEAT OFFENDER" AND "DANGEROUS OFFENDER" HAVE THE
SAME MEANINGS AS IN SECTION 2935.36 OF THE
REVISED
CODE.
(2) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME
MEANINGS AS IN SECTION 2923.11 OF THE
REVISED
CODE.
(3) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION
2913.01 OF THE REVISED
CODE.
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN
SECTION 5120.63 OF THE REVISED
CODE.
(5) "IGNITION
interlock device"
has the same meaning as in section 4511.83 of the Revised Code.
Sec. 2951.03. (A)(1) No person who has been convicted of or pleaded
guilty to
a felony shall be placed under a
community control sanction until a written presentence investigation report
has been considered by the court. If a court orders the
preparation of a presentence investigation report pursuant to this
section, section 2947.06 of the Revised Code, or
Criminal Rule 32.2, the officer making the report shall
inquire into the circumstances of the offense and the criminal
record, social history, and present condition of the defendant and any
other matters specified in Criminal Rule 32.2.
Whenever the officer considers it advisable, the officer's investigation may
include a physical and mental examination of
the defendant. A PHYSICAL EXAMINATION OF THE DEFENDANT MAY INCLUDE A DRUG
TEST CONSISTING OF A CHEMICAL ANALYSIS OF A BLOOD OR URINE
SPECIMEN OF THE DEFENDANT TO DETERMINE WHETHER THE DEFENDANT
INGESTED OR WAS INJECTED WITH A DRUG OF
ABUSE. If, pursuant to section 2930.13 of the Revised
Code, the
victim
of the offense of which the defendant has been convicted wishes to make a
statement regarding the impact of the offense for the officer's use in
preparing the presentence investigation report, the officer shall comply
within WITH the requirements of that section.
(2) If a defendant is committed to any institution,
the presentence investigation report shall be sent to the
institution with the entry of commitment. If a defendant is
committed to any institution and a presentence investigation
report is not prepared regarding that defendant pursuant to this
section, section 2947.06 of the Revised Code, or Criminal Rule
32.2, the director of the department of rehabilitation and
correction or the director's designee may order that an offender
background investigation and report be conducted and prepared regarding the
defendant pursuant to section 5120.16 of the Revised Code.
(B)(1) If a presentence investigation report is prepared
pursuant to this section, section 2947.06 of the Revised Code,
or Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's
counsel to read the report, except that the court shall not permit the
defendant or the defendant's counsel to read any of the
following:
(a) Any recommendation as to sentence;
(b) Any diagnostic opinions that, if disclosed, the court
believes might seriously disrupt a program of rehabilitation for
the defendant;
(c) Any sources of information obtained upon a promise of
confidentiality;
(d) Any other information that, if disclosed, the court
believes might result in physical harm or some other type of harm
to the defendant or to any other person.
(2) Prior to sentencing, the court shall permit the
defendant and the defendant's counsel to comment on the presentence
investigation report and, in its discretion, may permit the
defendant and the defendant's counsel to introduce testimony or
other information that relates to any alleged factual inaccuracy
contained in the report.
(3) If the court believes that any information in the
presentence investigation report should not be disclosed pursuant
to division (B)(1) of this section, the court, in lieu of making
the report or any part of the report available, shall state
orally or in writing a summary of the factual information
contained in the report that will be relied upon in determining
the defendant's sentence. The court shall permit the defendant
and the defendant's counsel to comment upon the oral or written
summary of the report.
(4) Any material that is disclosed to the defendant or the defendant's
counsel pursuant to this section shall be disclosed to the
prosecutor who is handling the prosecution of the case against
the defendant.
(5) If the comments of the defendant or the defendant's counsel,
the testimony they introduce, or any of the other information they
introduce alleges any factual inaccuracy in the presentence
investigation report or the summary of the report, the court
shall do either of the following with respect to each alleged
factual inaccuracy:
(a) Make a finding as to the allegation;
(b) Make a determination that no finding is necessary with
respect to the allegation, because the factual matter will not be
taken into account in the sentencing of the defendant.
(C) A court's decision as to the content of a summary
under division (B)(3) of this section or as to the withholding of
information under division (B)(1)(a), (b), (c), or (d) of this
section shall be considered to be within the discretion of the
court. No appeal can be taken from either of those
decisions, and
neither of those decisions shall be the basis for
a reversal of the
sentence imposed.
(D)(1) The contents of a presentence investigation report
prepared pursuant to this section, section 2947.06 of the Revised Code, or Criminal
Rule 32.2 and the contents of any written or oral summary of a
presentence investigation report or of a part of a presentence investigation
report described in division (B)(3) of this section are confidential
information and are not a public record. The court, an appellate court,
authorized probation officers, investigators, and court personnel, the
defendant, the defendant's counsel, the prosecutor who is handling the
prosecution of the case against the defendant, and authorized personnel of an
institution to which the defendant is committed may inspect, receive copies
of, retain copies of, and use a presentence investigation report or a written
or oral summary of a presentence investigation only for the purposes of or
only as authorized by Criminal Rule 32.2 or this section,
division (F)(1) of section 2953.08, section 2947.06, or another
section of the Revised Code.
(2) Immediately following the imposition of sentence upon the defendant,
the defendant or the defendant's counsel and the prosecutor shall return to
the court all copies of a presentence investigation report and of any written
summary of a presentence investigation report or part of a
presentence investigation report
that the court made available to the
defendant or the defendant's counsel and to the prosecutor pursuant to this
section. The defendant or the defendant's counsel and the prosecutor shall
not make any copies of the presentence investigation report or of any written
summary of a presentence investigation report or part of a presentence
investigation report that the court made available to them pursuant to this
section.
(3) Except when a presentence investigation report or a written or oral
summary of a presentence investigation report is being used for the purposes
of or as authorized by Criminal Rule 32.2 or this section,
division (F)(1) of section 2953.08, section 2947.06, or another
section of the Revised Code, the court or other authorized holder of the report or summary
shall retain the report or summary under seal.
(E) As used in this section:
(1) "Prosecutor" has the same meaning as in section 2935.01 of the Revised
Code.
(2) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(3) "Public record" has the same meaning as in section 149.43
of the Revised Code.
Sec. 2951.05. (A) If an offender mentioned in section
2951.02 of the Revised Code resides in the county in which the
trial was conducted, the court that issues an order of probation shall place
the offender under the control and supervision of a department of
probation in the county that serves the court. If there is no department of
probation in the county that serves the court, the probation order, under
section
2301.32 of the Revised Code, may place the offender on probation in charge of
the adult parole authority created by section 5149.02 of the
Revised Code that then shall have the powers and duties of a county department
of
probation. If the offender resides in a county other than the county in which
the court granting probation is located and a county
department of probation has been established in the county of
residence or the county of residence is served by a multicounty probation
department, the order of probation may request the court of
common pleas of the county in which the offender resides to
receive him THE OFFENDER into the control and supervision of
that county
or multicounty department of probation, subject to the jurisdiction of the
trial
judge over and with respect to the person of the offender, and
to the rules governing that department of
probation. If the offender's county of residence has no
county or multicounty department of probation, the judge may place
him THE OFFENDER on
probation in
charge of the adult parole authority created by section 5149.02
of the Revised Code.
(B)(1) A COUNTY DEPARTMENT OF PROBATION, A
MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE
AUTHORITY, AS APPROPRIATE UNDER DIVISION
(A) OF THIS SECTION, THAT HAS
GENERAL CONTROL AND SUPERVISION OF OFFENDERS WHO ARE REQUIRED TO
SUBMIT TO RANDOM DRUG TESTING UNDER DIVISION
(C)(1)(c) OF SECTION 2951.02 OF
THE REVISED
CODE OR WHO ARE SUBJECT TO A
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER
SECTION 2929.17 OF THE REVISED
CODE, MAY CAUSE EACH OFFENDER
TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY
A LABORATORY OR ENTITY THAT HAS ENTERED INTO A CONTRACT WITH ANY OF THE
GOVERNMENTAL ENTITIES OR OFFICERS AUTHORIZED TO ENTER INTO A
CONTRACT WITH THAT LABORATORY OR ENTITY UNDER SECTION 341.26,
753.33, OR 5120.63 OF THE
REVISED
CODE.
(2) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION
(B)(1) OF THIS SECTION
HAS ENTERED INTO A CONTRACT AS SPECIFIED IN THOSE DIVISIONS,
THE COUNTY DEPARTMENT OF PROBATION, THE MULTICOUNTY DEPARTMENT OF
PROBATION, OR THE ADULT PAROLE AUTHORITY, AS APPROPRIATE, THAT
HAS GENERAL CONTROL AND SUPERVISION OF OFFENDERS DESCRIBED IN
DIVISION (B)(1) OF THIS SECTION
SHALL CAUSE THE OFFENDER TO SUBMIT TO RANDOM DRUG TESTING
PERFORMED BY A REPUTABLE PUBLIC LABORATORY
TO DETERMINE WHETHER THE
INDIVIDUAL WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE.
(3) A LABORATORY OR ENTITY THAT HAS ENTERED INTO A CONTRACT
PURSUANT TO SECTION 341.26, 753.33, OR 5120.63 OF THE REVISED
CODE SHALL PERFORM THE RANDOM DRUG TESTING UNDER DIVISION
(B)(1) OF THIS SECTION IN
ACCORDANCE WITH THE APPLICABLE STANDARDS THAT ARE INCLUDED IN THE TERMS OF
THAT CONTRACT. A PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER
DIVISION (B)(3) OF THIS SECTION IN ACCORDANCE WITH THE STANDARDS SET
FORTH IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.63 OF THE
REVISED CODE. AN OFFENDER WHO IS REQUIRED TO SUBMIT TO
RANDOM DRUG
TESTING UNDER DIVISION (C)(1)(c)
OF SECTION 2951.02 OF THE
REVISED
CODE OR WHO IS SUBJECT TO A
NONRESIDENTIAL SANCTION THAT INCLUDES RANDOM DRUG TESTING UNDER
SECTION 2929.17 OF THE REVISED
CODE SHALL PAY THE FEE FOR THE
DRUG TEST IF THE TEST RESULTS INDICATE THAT THE OFFENDER INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE AND IF THE COUNTY DEPARTMENT OF PROBATION, THE
MULTICOUNTY DEPARTMENT OF PROBATION, OR THE ADULT PAROLE AUTHORITY THAT HAS
GENERAL CONTROL AND SUPERVISION OF THE OFFENDER REQUIRES PAYMENT OF A FEE. A
LABORATORY OR ENTITY THAT PERFORMS THE RANDOM DRUG TESTING ON AN
OFFENDER UNDER DIVISION (B)(1)
OR (2) OF THIS SECTION SHALL TRANSMIT THE RESULTS OF THE DRUG TEST
TO THE APPROPRIATE COUNTY PROBATION DEPARTMENT, MULTICOUNTY
PROBATION DEPARTMENT, OR ADULT PAROLE AUTHORITY THAT HAS GENERAL
CONTROL AND SUPERVISION OF THE OFFENDER.
(C) As used in this section, "multicounty:
(1) "MULTICOUNTY department of probation"
means a
probation department established under section 2301.27 of the Revised Code to
serve more than one county.
(2) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS
IN SECTION 5120.63 OF THE
REVISED
CODE.
Sec. 2951.08. (A) During a period of probation or community control,
any field officer or probation officer may arrest the person on probation
or under a community control sanction without a warrant and bring
the person before the judge or magistrate before whom the
cause was pending. During a period of probation or community control,
any peace officer may arrest the person on probation or under a community
control sanction without a warrant upon the written
order of the chief county probation officer if the person on probation or
under a community control sanction is under the supervision of that county
department of probation or on the order
of an officer of the adult parole authority created pursuant to section
5149.02 of the Revised Code if the person on probation or under a community
control sanction is under the
supervision of the authority. During a period of probation or community
control, any peace officer may arrest the person on probation or under
a community control sanction on the warrant of the judge or magistrate
before whom the cause was pending.
During a period of probation or community control, any peace officer
may arrest the person on probation or under a community control
sanction without a
warrant if the peace officer has reasonable ground to believe the
person has violated or is violating any of the
following that is a condition of the person's probation
or of the person's community control sanction:
(1) A condition that prohibits ownership, possession,
or use of a firearm, deadly weapon, ammunition, or dangerous
ordnance;
(2) A condition that prohibits the person from being within
a
specified structure or geographic area;
(3) A condition that confines the person to a residence,
facility, or other structure;
(4) A condition that prohibits the person from contacting
or
communicating with any specified individual;
(5) A condition that prohibits the person from associating
with a
specified individual;
(6) A CONDITION AS PROVIDED IN DIVISION
(C)(1)(c) OF SECTION 2951.02 OF
THE REVISED
CODE OR IN DIVISION
(A)(1) OF SECTION 2929.15 OF
THE REVISED
CODE THAT REQUIRES THAT THE PERSON
NOT INGEST OR BE INJECTED WITH A DRUG OF ABUSE AND SUBMIT TO
RANDOM DRUG TESTING AND REQUIRES THAT THE RESULTS OF THE DRUG TEST
INDICATE THAT THE PERSON DID NOT INGEST OR WAS NOT
INJECTED WITH A DRUG OF ABUSE.
(B) Upon making an arrest under this section, the
arresting field officer, probation officer, or peace officer or
the department or agency of the arresting officer
promptly shall
notify the chief
probation officer or the chief probation officer's designee that
the person has been arrested. Upon being notified that a peace
officer has made an arrest under this section, the chief
probation officer or designee, or another probation officer
designated by the chief probation officer, promptly shall bring
the person who was arrested before the judge or magistrate before
whom the cause was pending.
(C) Nothing in this section limits the powers of arrest granted to certain law
enforcement
officers and citizens under sections 2935.03 and 2935.04 of the
Revised Code.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firearm," "deadly weapon," and "dangerous ordnance"
have the same meanings as in section 2923.11 of the Revised Code.
(3) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(4) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS
IN SECTION 5120.63 OF THE
REVISED
CODE.
Sec. 2967.01. As used in this chapter:
(A) "State correctional institution" includes
any institution or facility that is operated by the department of
rehabilitation and correction and that is used for the custody, care, or
treatment of criminal, delinquent, or psychologically or psychiatrically
disturbed offenders.
(B) "Pardon" means the remission of penalty by the
governor in accordance with the power vested in the governor by the
constitution.
(C) "Commutation" or "commutation of sentence" means the
substitution by the governor of a lesser for a greater
punishment. A stated prison term may be commuted
without the consent of
the convict, except when granted upon the acceptance and
performance by the convict of conditions precedent. After
commutation, the commuted prison term shall be the only one in
existence. The commutation may be stated in terms of commuting
from a named offense to a lesser included offense with
a shorter prison term, in terms of commuting from a stated prison
term in months and years to a shorter prison term in months and
years, or in terms of commuting from any other stated prison term to
a shorter prison term.
(D) "Reprieve" means the temporary suspension by the governor of the
execution of a sentence or prison term. The governor may grant a reprieve
without the consent of and against the will of the convict.
(E) "Parole" means, regarding a prisoner who is serving a prison
term for aggravated murder or murder, who is serving a prison term of life
imprisonment for rape or FOR felonious sexual penetration AS IT
EXISTED UNDER SECTION 2907.12 OF THE REVISED CODE PRIOR TO
SEPTEMBER 3, 1996, or who was sentenced
prior to July
1, 1996, a release of the
prisoner from confinement in any state correctional institution by the adult
parole authority that is subject to the eligibility criteria specified in this
chapter and that is under the terms and conditions, and for the period of
time, prescribed by the authority in its published rules and official minutes
or required by division (A) of section 2967.131 of the Revised Code or another
provision of this chapter.
(F) "Head of a state correctional institution" or
"head of the institution" means the resident head of the
institution and the person immediately in charge of the
institution, whether designated warden, superintendent, or
any other name by which the head is known.
(G) "Convict" means a person who has been convicted of a
felony under the laws of this state, whether or not actually
confined in a state correctional institution, unless the person
has been pardoned or has served the person's sentence or prison
term.
(H) "Prisoner" means a person who is in actual confinement
in a state correctional institution.
(I) "Parolee" means any inmate who has been released from
confinement on parole by order of the adult parole authority or
conditionally pardoned, who is under supervision of the adult
parole authority and has not been granted a final release, and who has not
been declared in violation of the inmate's parole by
the authority or is performing the prescribed conditions of a
conditional pardon.
(J) "Releasee" means an inmate who has been released from
confinement pursuant to section 2967.28 of the Revised
Code under a period of post-release control that includes one or more
post-release control sanctions.
(K) "Final release" means a remission by the adult parole
authority of the balance of the sentence or prison term of a parolee or
prisoner or the termination by the authority of a term of
post-release control of a releasee.
(L) "Parole violator" or "release violator" means any parolee or releasee who
has been declared to be in violation of the condition of parole or
post-release control specified in division (A) OR (B) of
section
2967.131 of the Revised Code or in
violation of any other term, condition, or rule of the parolee's or releasee's
parole or of the parolee's or releasee's post-release control sanctions, the
determination of which has been made by the adult parole authority and
recorded in its official minutes.
(M) "Administrative release" means a termination of
jurisdiction over a particular sentence or prison term by the adult
parole authority for administrative convenience.
(N) "Post-release control"
means a period of supervision by the adult parole
authority after a prisoner's release from imprisonment that includes one or
more post-release control sanctions imposed under section
2967.28 of the Revised Code.
(O) "Post-release
control sanction" means a sanction that is authorized under
sections 2929.16 to 2929.18 of the
Revised Code and that is
imposed upon a prisoner upon the prisoner's
release from a prison
term.
(P) "Community control sanction,"
"prison term," "mandatory prison term," and
"stated prison term" have the same meanings
as in section 2929.01 of the Revised Code.
(Q) "Transitional control" means control of a prisoner under the
transitional control program established by the department of rehabilitation
and correction under section 2967.26 of the Revised Code, if the department
establishes a
program of that nature under that section.
(R) "RANDOM DRUG TESTING" HAS THE SAME MEANING AS IN SECTION
5120.63 OF THE REVISED CODE.
Sec. 2967.131. (A) In addition to any other terms and conditions
of a conditional pardon or parole, of
transitional control, or of another form of
authorized release from confinement in a state correctional institution that
is granted to an individual and that involves the placement of the individual
under the supervision of the adult parole authority, and in addition to any
other sanctions of post-release control of a felon imposed under section
2967.28 of the Revised Code, the authority or, in the
case of a conditional pardon, the governor shall include in the
terms and conditions of the conditional pardon, parole,
transitional control, or other form of authorized
release or shall include as conditions of the post-release control the
conditions that the individual or felon not leave the
state without permission of the court or the individual's or felon's parole
or probation officer and that the individual or
felon
abide by the law during the period of the
individual's or felon's
conditional pardon, parole, transitional control, other
form of authorized
release, or
post-release control.
(B)(1) THE DEPARTMENT OF REHABILITATION AND
CORRECTION, AS A CONDITION OF PAROLE OR POST-RELEASE
CONTROL, MAY REQUIRE THAT THE INDIVIDUAL OR FELON SHALL NOT INGEST OR BE
INJECTED WITH A DRUG OF ABUSE AND SHALL SUBMIT TO RANDOM DRUG
TESTING AS PROVIDED IN DIVISIONS
(B)(2), (3), AND (4) OF THIS
SECTION AND THAT THE RESULTS OF THE DRUG TEST INDICATE THAT THE INDIVIDUAL OR
FELON DID NOT INGEST OR WAS NOT INJECTED WITH A DRUG OF ABUSE.
(2) IF THE ADULT PAROLE AUTHORITY HAS GENERAL CONTROL
AND SUPERVISION OF AN INDIVIDUAL OR FELON WHO IS REQUIRED TO
SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE OR
POST-RELEASE CONTROL UNDER DIVISION
(B)(1) OF THIS SECTION, THE AUTHORITY MAY
CAUSE THE INDIVIDUAL OR FELON TO SUBMIT TO RANDOM DRUG TESTING
PERFORMED BY A LABORATORY OR ENTITY THAT HAS ENTERED INTO A
CONTRACT WITH ANY OF THE GOVERNMENTAL ENTITIES OR OFFICERS AUTHORIZED
TO ENTER INTO A CONTRACT WITH THAT LABORATORY OR ENTITY UNDER
SECTION 341.26, 753.33, OR 5120.63 OF THE
REVISED
CODE.
(3) IF NO LABORATORY OR ENTITY DESCRIBED IN DIVISION
(B)(2) OF THIS SECTION HAS
ENTERED INTO
A CONTRACT AS SPECIFIED IN THAT DIVISION, THE
ADULT PAROLE AUTHORITY SHALL CAUSE THE INDIVIDUAL OR FELON TO
SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A REPUTABLE PUBLIC
LABORATORY
TO DETERMINE WHETHER THE
INDIVIDUAL OR FELON WHO IS THE SUBJECT OF THE DRUG TEST INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE.
(4) IF A LABORATORY OR ENTITY HAS ENTERED INTO A CONTRACT WITH A
GOVERNMENTAL ENTITY OR OFFICER AS SPECIFIED IN DIVISION
(B)(2) OF THIS SECTION, THE
LABORATORY OR ENTITY SHALL PERFORM THE RANDOM DRUG TESTING UNDER DIVISION
(B)(2) OF THIS SECTION IN ACCORDANCE WITH THE
APPLICABLE STANDARDS THAT ARE INCLUDED IN THE TERMS OF THAT CONTRACT. A
PUBLIC LABORATORY SHALL PERFORM THE RANDOM DRUG TESTS UNDER DIVISION
(B)(3) OF THIS SECTION IN
ACCORDANCE WITH THE STANDARDS SET FORTH IN THE POLICIES
AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION
PURSUANT TO SECTION 5120.63 OF THE REVISED CODE. AN
INDIVIDUAL OR FELON WHO IS REQUIRED UNDER DIVISION
(B)(1) OF THIS SECTION TO
SUBMIT TO RANDOM DRUG TESTING AS A CONDITION OF PAROLE OR
POST-RELEASE CONTROL AND WHOSE TEST RESULTS INDICATE THAT THE INDIVIDUAL OR
FELON INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR
THE DRUG TEST IF THE ADULT PAROLE AUTHORITY REQUIRES PAYMENT OF A FEE. A
LABORATORY OR ENTITY THAT PERFORMS THE RANDOM DRUG TESTING ON A
PAROLEE OR RELEASEE UNDER DIVISION
(B)(2) OR (3) OF THIS SECTION
SHALL TRANSMIT THE RESULTS OF THE DRUG TEST TO THE ADULT PAROLE
AUTHORITY.
(C)
During the period of a conditional pardon or parole,
of transitional control,
or of another form
of authorized release from confinement in a state correctional
institution that is granted to an individual and that involves the placement
of the individual under the supervision of the adult parole authority, and
during a period of post-release control of a felon imposed under section
2967.28 of the Revised Code,
authorized field officers of the authority who are engaged within the scope of
their supervisory duties or responsibilities may search, with or without a
warrant, the person of the
individual or felon, the place
of residence of the individual or
felon,
and a motor vehicle, another item of tangible or intangible personal property,
or other real property in which the
individual or felon
has a right, title, or interest
or for which the individual or
felon has the express or
implied permission of a person
with a
right, title, or interest to use, occupy, or possess, if the field
officers
have reasonable grounds to believe that the individual or felon has left
the state, is not
abiding by the law,
or otherwise is not complying with the terms and conditions of the
individual's or felon's conditional pardon, parole,
transitional control, other
form of
authorized release, or post-release control. The authority
shall provide each individual who
is granted a conditional pardon or parole, transitional control, or
another form of authorized release from confinement in a state correctional
institution and each felon who is under post-release control with a
written
notice that informs the individual
or felon that
authorized field officers of the
authority
who
are engaged within the scope of their supervisory duties or responsibilities
may conduct those types of searches during the period of the conditional
pardon, parole, transitional control, other form of
authorized release, or post-release control if
they have reasonable grounds to believe that the individual or felon has
left the state, is
not abiding by
the law, or otherwise is not complying with the terms and conditions of
the
individual's or felon's
conditional pardon, parole, transitional control, other
form of
authorized release, or post-release control.
Sec. 4511.83. (A) As used in this section:
(1) "Ignition interlock device" means a device that
connects a breath analyzer to a motor vehicle's ignition system,
that is constantly available to monitor the concentration by
weight of alcohol in the breath of any person attempting to start
that motor vehicle by using its ignition system, and that deters
starting the motor vehicle by use of its ignition system unless
the person attempting to so start the vehicle provides an
appropriate breath sample for the device and the device
determines that the concentration by weight of alcohol in the
person's breath is below a preset level.
(2) "Offender with restricted driving privileges" means an
offender who is subject to an order that was issued under
division (F) of section 4507.16 of the Revised Code as a
condition of the granting of occupational driving privileges or
an offender whose driving privilege is restricted as a condition
of probation pursuant to division (G) of section 2951.02 of
the
Revised Code.
(B)(1) Except in cases of a substantial emergency when no
other person is reasonably available to drive in response to the
emergency, no person shall knowingly rent, lease, or lend a motor
vehicle to any offender with restricted driving privileges,
unless the vehicle is equipped with a functioning ignition
interlock device that is certified pursuant to division (D) of
this section.
(2) Any offender with restricted driving privileges who
rents, leases, or borrows a motor vehicle from another person
shall notify the person who rents, leases, or lends the motor
vehicle to the offender that the offender has restricted
driving
privileges and of the nature of the restriction.
(3) Any offender with restricted driving privileges who is
required to operate a motor vehicle owned by the offender's
employer in the
course and scope of the offender's employment may operate
that vehicle
without the installation of an ignition interlock device,
provided that the employer has been notified that the offender
has restricted driving privileges and of the nature of the
restriction and provided further that the offender has proof of
the employer's notification in the offender's possession
while operating the
employer's vehicle for normal business duties. A motor vehicle
owned by a business that is partly or entirely owned or
controlled by an offender with restricted driving privileges is
not a motor vehicle owned by an employer, for purposes of this
division.
(C) If a court, pursuant to division (F) of section
4507.16 of the Revised Code, imposes the use of an ignition
interlock device as a condition of the granting of occupational
driving privileges, the court shall require the offender to
provide proof of compliance to the court at least once quarterly
or more frequently as ordered by the court in its discretion. If
a court imposes the use of an ignition interlock device as a
condition of probation under division (I)(G) of section
2951.02 of
the Revised Code, the court shall require the offender to provide
proof of compliance to the court or probation officer prior to
issuing any driving privilege or continuing the probation status.
In either case in which a court imposes the use of such a device,
the offender, at least once quarterly or more frequently as
ordered by the court in its discretion, shall have the device
inspected as ordered by the court for accurate operation and
shall provide the results of the inspection to the court or, if
applicable, to the offender's probation officer.
(D)(1) The director of public safety, upon consultation
with the director of health and in accordance with Chapter 119.
of the Revised Code, shall certify ignition interlock devices and
shall publish and make available to the courts, without charge, a
list of approved devices together with information about the
manufacturers of the devices and where they may be obtained. The
cost of obtaining the certification of an ignition interlock
device shall be paid by the manufacturer of the device to the
director of public safety and shall be deposited in the statewide treatment
and prevention fund established by section 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with
Chapter 119. of the Revised Code, shall adopt and publish rules
setting forth the requirements for obtaining the certification of
an ignition interlock device. No ignition interlock device shall
be certified by the director of public safety pursuant to
division (D)(1) of this section unless it meets the requirements
specified and published by the director in the rules adopted
pursuant to this division. The requirements shall include
provisions for setting a minimum and maximum calibration range
and shall include, but shall not be limited to, specifications
that the device complies with all of the following:
(a) It does not impede the safe operation of the vehicle.
(b) It has features that make circumvention difficult and
that do not interfere with the normal use of the vehicle.
(c) It correlates well with established measures of
alcohol impairment.
(d) It works accurately and reliably in an unsupervised
environment.
(e) It is resistant to tampering and shows evidence of
tampering if tampering is attempted.
(f) It is difficult to circumvent and requires
premeditation to do so.
(g) It minimizes inconvenience to a sober user.
(h) It requires a proper, deep-lung breath sample or other
accurate measure of the concentration by weight of alcohol in the
breath.
(i) It operates reliably over the range of automobile
environments.
(j) It is made by a manufacturer who is covered by product
liability insurance.
(3) The director of public safety may adopt, in whole or
in part, the guidelines, rules, regulations, studies, or
independent laboratory tests performed and relied upon by other
states, or their agencies or commissions, in the certification or
approval of ignition interlock devices.
(4) The director of public safety shall adopt rules in
accordance with Chapter 119. of the Revised Code for the design
of a warning label that shall be affixed to each ignition
interlock device upon installation. The label shall contain a
warning that any person tampering, circumventing, or otherwise
misusing the device is subject to a fine, imprisonment, or both
and may be subject to civil liability.
(E)(1) No offender with restricted driving privileges,
during any period that the offender is required to operate
only a motor
vehicle equipped with an ignition interlock device, shall request
or permit any other person to breathe into the device or start a
motor vehicle equipped with the device, for the purpose of
providing the offender with an operable motor vehicle.
(2)(a) Except as provided in division (E)(2)(b) of this
section, no person shall breathe into an ignition interlock
device or start a motor vehicle equipped with an ignition
interlock device for the purpose of providing an operable motor
vehicle to an offender with restricted driving privileges.
(b) Division (E)(2)(a) of this section does not apply to
an offender with restricted driving privileges who breathes into
an ignition interlock device or starts a motor vehicle equipped
with an ignition interlock device for the purpose of providing
the offender with an operable motor vehicle.
(3) No unauthorized person shall tamper with or circumvent
the operation of an ignition interlock device.
Sec. 5120.63. (A) AS USED IN THIS SECTION:
(1) "RANDOM DRUG TESTING" MEANS A PROCEDURE IN WHICH BLOOD OR URINE
SPECIMENS ARE COLLECTED FROM INDIVIDUALS CHOSEN BY AUTOMATIC,
RANDOM SELECTION AND WITHOUT PREARRANGEMENT OR PLANNING, FOR THE
PURPOSE OF SCIENTIFICALLY ANALYZING THE SPECIMENS TO DETERMINE
WHETHER THE INDIVIDUAL INGESTED OR WAS INJECTED WITH A DRUG OF
ABUSE.
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING AS IN SECTION
2967.01 OF THE REVISED CODE.
(3) "STATED PRISON TERM" HAS THE SAME MEANING AS IN SECTION 2929.01 of the Revised Code.
(B) THE DEPARTMENT OF
REHABILITATION AND CORRECTION SHALL ESTABLISH AND ADMINISTER A
STATEWIDE RANDOM DRUG TESTING PROGRAM IN WHICH ALL PERSONS WHO
WERE CONVICTED OF OR PLEADED GUILTY TO A FELONY OFFENSE AND ARE
SERVING A STATED PRISON TERM IN A STATE CORRECTIONAL INSTITUTION
SHALL SUBMIT
TO RANDOM DRUG TESTING. THE DEPARTMENT MAY ENTER INTO CONTRACTS WITH
LABORATORIES OR ENTITIES IN THE STATE THAT ARE ACCREDITED BY THE
NATIONAL INSTITUTE ON DRUG ABUSE TO
PERFORM BLOOD OR URINE SPECIMEN COLLECTION, DOCUMENTATION,
MAINTENANCE, TRANSPORTATION, PRESERVATION, STORAGE, AND ANALYSES
AND OTHER DUTIES REQUIRED UNDER THIS SECTION IN THE PERFORMANCE
OF RANDOM DRUG TESTING OF PRISONERS IN THOSE CORRECTIONAL
INSTITUTIONS. THE TERMS
OF ANY CONTRACT ENTERED INTO UNDER THIS DIVISION SHALL INCLUDE A REQUIREMENT
THAT THE LABORATORY OR ENTITY AND ITS EMPLOYEES, THE SUPERINTENDENTS,
MANAGING OFFICERS, AND EMPLOYEES OF STATE CORRECTIONAL INSTITUTIONS, ALL
EMPLOYEES OF THE DEPARTMENT, AND ALL OTHER PERSONS COMPLY WITH THE
STANDARDS FOR THE PERFORMANCE OF RANDOM DRUG TESTING AS
SPECIFIED IN THE POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT
UNDER DIVISION (D) OF THIS
SECTION. IF NO LABORATORY OR ENTITY HAS ENTERED INTO A
CONTRACT AS SPECIFIED IN THIS DIVISION, THE DEPARTMENT SHALL
CAUSE A PRISONER TO SUBMIT TO RANDOM DRUG TESTING PERFORMED BY A
REPUTABLE PUBLIC LABORATORY TO DETERMINE WHETHER THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE.
(C) A PRISONER WHO IS SUBJECTED TO RANDOM DRUG
TESTING UNDER THIS SECTION AND WHOSE TEST INDICATES THAT THE PRISONER INGESTED
OR WAS INJECTED WITH A DRUG OF ABUSE SHALL PAY THE FEE FOR THAT POSITIVE TEST
AND OTHER SUBSEQUENT TEST FEES AS A SANCTION SPECIFIED BY THE
DEPARTMENT OF REHABILITATION AND CORRECTION PURSUANT TO DIVISION
(D)(6) OF THIS SECTION.
(D) THE DEPARTMENT OF REHABILITATION AND CORRECTION
SHALL ESTABLISH POLICIES AND PROCEDURES TO
IMPLEMENT THE RANDOM DRUG TESTING PROGRAM ESTABLISHED UNDER THIS
SECTION. THE POLICIES AND PROCEDURES SHALL INCLUDE, BUT ARE NOT LIMITED TO,
PROVISIONS THAT DO THE FOLLOWING:
(1) ESTABLISH STANDARDS FOR THE PERFORMANCE OF RANDOM
DRUG TESTING THAT INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS GOVERNING THE
FOLLOWING:
(a) THE COLLECTION BY THE LABORATORY OR ENTITY DESCRIBED IN
DIVISION (B) OF THIS SECTION OF BLOOD OR URINE SPECIMENS OF
INDIVIDUALS IN A SCIENTIFICALLY OR MEDICALLY APPROVED MANNER AND
UNDER REASONABLE AND SANITARY CONDITIONS;
(b) THE COLLECTION AND TESTING BY THE LABORATORY OR ENTITY
DESCRIBED IN DIVISION (B) OF THIS SECTION OF BLOOD OR URINE
SPECIMENS WITH DUE REGARD FOR THE PRIVACY OF THE INDIVIDUAL BEING
TESTED AND IN A MANNER REASONABLY CALCULATED TO PREVENT
SUBSTITUTIONS OR INTERFERENCE WITH THE COLLECTION AND TESTING OF
THE SPECIMENS;
(c) THE DOCUMENTATION OF BLOOD OR URINE SPECIMENS
COLLECTED BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) OF
THIS SECTION AND DOCUMENTATION PROCEDURES THAT REASONABLY PRECLUDE
THE POSSIBILITY OF ERRONEOUS IDENTIFICATION OF TEST RESULTS AND
THAT PROVIDE THE INDIVIDUAL BEING TESTED AN OPPORTUNITY TO
FURNISH INFORMATION IDENTIFYING ANY PRESCRIPTION OR
NONPRESCRIPTION DRUGS USED BY THE INDIVIDUAL IN CONNECTION WITH
A MEDICAL CONDITION;
(d) THE COLLECTION, MAINTENANCE, STORAGE, AND
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B)
OF THIS SECTION OF BLOOD OR URINE SPECIMENS IN A MANNER THAT
REASONABLY PRECLUDES THE POSSIBILITY OF CONTAMINATION OR
ADULTERATION OF THE SPECIMENS;
(e) THE TESTING BY THE LABORATORY OR ENTITY DESCRIBED IN DIVISION
(B) OF THIS SECTION OF BLOOD OR URINE SPECIMEN OF AN
INDIVIDUAL TO DETERMINE WHETHER THE INDIVIDUAL INGESTED OR WAS
INJECTED WITH A DRUG OF ABUSE, IN A MANNER THAT CONFORMS TO
SCIENTIFICALLY ACCEPTED ANALYTICAL METHODS AND PROCEDURES AND
THAT MAY INCLUDE VERIFICATION OR CONFIRMATION OF ANY POSITIVE
TEST RESULT BY A RELIABLE ANALYTICAL METHOD;
(f) THE ANALYSIS OF AN INDIVIDUAL'S BLOOD OR URINE
SPECIMEN BY AN EMPLOYEE OF THE LABORATORY OR ENTITY DESCRIBED IN DIVISION
(B) OF THIS SECTION WHO IS QUALIFIED BY EDUCATION, TRAINING, AND
EXPERIENCE TO PERFORM
THAT ANALYSIS AND WHOSE REGULAR DUTIES INCLUDE THE ANALYSIS OF
BLOOD OR URINE SPECIMENS TO DETERMINE THE PRESENCE OF A DRUG OF
ABUSE AND WHETHER THE INDIVIDUAL WHO IS THE SUBJECT OF THE TEST
INGESTED OR WAS INJECTED WITH A DRUG OF
ABUSE.
(2) SPECIFY THE FREQUENCY OF PERFORMING RANDOM DRUG
TESTING OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION;
(3) PRESCRIBE PROCEDURES FOR THE AUTOMATIC, RANDOM
SELECTION OF PRISONERS IN A STATE CORRECTIONAL INSTITUTION
TO SUBMIT TO RANDOM
DRUG TESTING UNDER THIS SECTION;
(4) PROVIDE FOR REASONABLE SAFEGUARDS FOR THE TRANSMITTAL
FROM THE LABORATORY OR ENTITY DESCRIBED IN DIVISION (B) OF THIS
SECTION TO THE DEPARTMENT OF THE RESULTS OF THE RANDOM DRUG TESTING OF
PRISONERS IN STATE CORRECTIONAL INSTITUTIONS PURSUANT TO DIVISION (F)
OF THIS SECTION;
(5) ESTABLISH A REASONABLE FEE TO COVER THE COSTS
ASSOCIATED WITH RANDOM DRUG TESTING AND ANALYSES PERFORMED BY A
LABORATORY OR ENTITY UNDER THIS SECTION AND
ESTABLISH PROCEDURES FOR THE COLLECTION OF THOSE FEES FROM THE
PRISONERS SUBJECTED TO THE DRUG TEST;
(6) ESTABLISH GUIDELINES FOR IMPOSING SANCTIONS UPON A PRISONER WHOSE TEST
RESULTS INDICATE THAT THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF
ABUSE.
(E) THE WARDEN OF EACH CORRECTIONAL INSTITUTION, PURSUANT TO
THE CONTRACT ENTERED INTO UNDER DIVISION
(B) OF THIS SECTION OR, IF NO
CONTRACT WAS ENTERED INTO UNDER THAT DIVISION, PURSUANT TO THE
POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF
REHABILITATION AND CORRECTION UNDER DIVISION
(D) OF THIS SECTION, SHALL
FACILITATE THE COLLECTION, DOCUMENTATION, MAINTENANCE, AND
TRANSPORTATION BY THE LABORATORY OR ENTITY DESCRIBED IN
DIVISION (B) OF THIS SECTION,
OF THE BLOOD OR URINE SPECIMENS OF THE PRISONERS IN THE STATE
CORRECTIONAL INSTITUTION WHO ARE SUBJECT TO RANDOM
DRUG TESTING.
(F) A LABORATORY OR ENTITY THAT PERFORMS RANDOM DRUG TESTING OF
PRISONERS AND ANALYSES OF BLOOD OR URINE SPECIMENS UNDER THIS
SECTION SHALL TRANSMIT THE RESULTS OF EACH DRUG TEST TO THE
DEPARTMENT OF REHABILITATION AND CORRECTION. THE DEPARTMENT SHALL FILE FOR
RECORD THE RESULTS OF THE DRUG TESTS THAT INDICATE WHETHER OR NOT EACH
PRISONER IN THE STATE
CORRECTIONAL INSTITUTION WHO WAS SUBJECTED TO THE DRUG TEST
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. THE DEPARTMENT
SHALL SEND A COPY OF THE RESULTS OF THE DRUG TESTS TO THE WARDEN
OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER WHO WAS SUBJECTED
TO THE DRUG TEST IS CONFINED. THE WARDEN SHALL
GIVE APPROPRIATE NOTICE OF THE DRUG TEST RESULTS
TO EACH PRISONER WHO WAS SUBJECTED
TO THE DRUG TEST AND WHOSE DRUG TEST RESULTS INDICATE THAT THE PRISONER
INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE. IN ACCORDANCE WITH
INSTITUTIONAL DISCIPLINARY PROCEDURES, THE WARDEN
SHALL AFFORD THAT PRISONER AN OPPORTUNITY TO BE
HEARD REGARDING THE RESULTS OF THE DRUG TEST AND TO PRESENT CONTRARY EVIDENCE
AT A HEARING HELD BEFORE THE WARDEN WITHIN THIRTY DAYS AFTER NOTIFICATION TO
THE PRISONER UNDER THIS DIVISION. AFTER THE HEARING, IF A HEARING IS HELD,
THE WARDEN
SHALL MAKE A DETERMINATION REGARDING ANY
EVIDENCE PRESENTED BY THE PRISONER. IF THE WARDEN
REJECTS THE EVIDENCE PRESENTED BY THE PRISONER
AT THE HEARING OR IF NO HEARING IS HELD UNDER THIS DIVISION, THE
WARDEN MAY SUBJECT THE PRISONER TO SANCTIONS THAT INCLUDE PAYMENT OF THE FEE
FOR THE TEST.
(G) IF A PRISONER HAS
BEEN SUBJECTED TO TWO OR MORE DRUG TESTS PURSUANT TO THIS
SECTION AND IF THE RESULTS OF TWO OF THOSE TESTS INDICATE THAT
THE PRISONER INGESTED OR WAS INJECTED WITH A DRUG OF ABUSE, THE
PAROLE BOARD MAY EXTEND THE STATED PRISON TERM OF THE PRISONER
PURSUANT TO THE BAD TIME PROVISIONS IN SECTION 2967.11 OF THE
REVISED
CODE IF BY INGESTING OR BEING
INJECTED WITH THE DRUG OF ABUSE THE PRISONER COMMITTED A VIOLATION
AS DEFINED IN THAT SECTION.
(H) ALL FEES FOR RANDOM
DRUG TESTS COLLECTED FROM PRISONERS UNDER THIS SECTION OR
COLLECTED BY THE ADULT PAROLE AUTHORITY UNDER SECTION 2929.15,
2951.05, OR 2967.131 OF THE
REVISED CODE SHALL BE FORWARDED TO THE
TREASURER OF STATE FOR DEPOSIT IN THE OFFENDER FINANCIAL
RESPONSIBILITY FUND CREATED IN DIVISION
(I) OF SECTION 5120.56 OF THE
REVISED CODE.
Section 2. That existing sections 307.93, 341.06, 341.21, 341.23, 753.02,
753.04, 753.16, 2305.234, 2921.36, 2929.01,
2929.15, 2929.17, 2929.19, 2951.02, 2951.03, 2951.05,
2951.08, 2967.01, 2967.131, and 4511.83 of the Revised
Code are hereby repealed.
This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively
irreconcilable and constitutes a legislative finding that such
is the resulting version in effect prior to the effective date
of this act.
Section 3. Sections 2929.01 and 2929.17 of the Revised Code are presented in
this act
as composites of the sections as amended by both
Am. S.B. 9 and Am. Sub. S.B. 107 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital letters.
Section 2951.02 of the Revised Code is presented in this act
as a composite of the section as amended by
H.B. 471, Am. S.B. 9, and Am. Sub. S.B. 107 of the 123rd General Assembly,
with the new language of none of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 4. The amendment of section 2305.234 of the Revised Code by this act
is not intended to supersede the earlier repeal, with delayed effective date,
of that section.
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