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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 222 |
SENATORS WATTS-JOHNSON-DRAKE-HERINGTON
A BILL
To amend sections 2151.355, 2151.62, 2929.01, 2929.13, and 2929.14
and to enact section 2941.1411 of the Revised Code to
enhance the penalties for an offender who wears or carries body
armor while committing a felony offense of violence and to make more severe
the
dispositions available for a child who is adjudicated a delinquent child for
committing
an act that would be a felony offense of violence if committed by an adult
while wearing or
carrying body
armor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.355, 2151.62, 2929.01, 2929.13, and
2929.14 be amended and section 2941.1411 of the
Revised Code be enacted to read as follows:
Sec. 2151.355. (A) If a child is adjudicated a delinquent
child, the court
may make any of the following orders of disposition:
(1) Any order that is authorized by section 2151.353 of
the Revised Code;
(2) Place the child on probation under any conditions that
the court prescribes. If the child is adjudicated a delinquent
child for violating section 2909.05, 2909.06, or 2909.07 of
the Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to
make restitution for the property damage caused by the child's
violation
as a condition of the child's probation. If the child is
adjudicated a delinquent child because the child violated any other
section of the Revised Code, the court may require the child as a
condition of the child's probation to make restitution for the property
damage caused by the child's violation and for the value of the
property that was the subject of the violation the child committed if it would
be a theft offense, as defined in division (K) of section 2913.01
of the Revised Code, if committed by an adult. The restitution
may be in the form of a cash reimbursement paid in a lump sum or
in installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim approximately equal to
the value of the property damage caused by the child's violation or
to the value of the property that is the subject of the violation if
it would be a theft offense if committed by an adult, the
performance of community service or community work, any other
form of restitution devised by the court, or any combination of
the previously described forms of restitution.
If the child is adjudicated a delinquent child for violating a law of
this state or the United States, or an ordinance or
regulation of a political subdivision of this state, that would be a crime if
committed by an adult or for
violating division (A) of section 2923.211 of the Revised Code, the court,
in addition to all
other required or permissive conditions of probation that
the court imposes upon the
delinquent child pursuant to division (A)(2) of this section,
shall require the child as a condition of the child's probation
to abide by the law during the period of probation, including, but not limited
to, complying with the provisions of
Chapter 2923. of the Revised Code relating to
the possession, sale, furnishing, transfer, disposition, purchase,
acquisition, carrying, conveying, or use of, or other conduct
involving, a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code.
(3) Commit the child to the temporary custody of any
school, camp, institution, or other facility
operated for the care of delinquent children by the
county, by a district organized under section 2151.34 or 2151.65
of the Revised Code, or by a private agency or organization,
within or without the state, that is authorized and qualified to
provide the care, treatment, or placement required;
(4) If the child is adjudicated a delinquent child for
committing an act that would be a felony of the third, fourth, or fifth degree
if
committed by an adult or for violating division (A) of section 2923.211 of the
Revised Code, commit the child to the legal custody of
the department of youth services for institutionalization for an
indefinite term consisting of a minimum period of six months and
a maximum period not to exceed the child's attainment of twenty-one years of
age;
(5)(a) If the child is adjudicated a delinquent child for
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or division
(A) of section 2903.04 of the Revised Code or for
violating any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the
sexual conduct or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section
was older than the delinquent child, was the same age as the
delinquent child, or was less than three years younger than the
delinquent child, commit the child to
the legal custody of the department of youth
services for institutionalization in a secure facility for an indefinite term
consisting of a minimum period of one to three years, as prescribed by the
court, and a maximum period not to exceed the child's attainment of twenty-one
years of age;
(b) If the child is adjudicated a delinquent
child for violating section 2923.02 of the Revised Code and
if the violation involves an attempt to commit a violation of section 2903.01
or 2903.02 of the Revised Code, commit the child to
the legal custody of the department of youth services for institutionalization
in a secure facility for an indefinite term consisting of a minimum period of
six to seven years, as prescribed by the court, and a maximum period not to
exceed the child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for committing an act that
is not described in division (A)(5)(a) or (b) of this section and that
would be a felony of the first or second degree if committed
by an adult, commit the child to the legal custody
of the department of youth services for institutionalization in a
secure facility for an indefinite term consisting of a minimum
period of one year and a maximum period not to exceed the child's
attainment of twenty-one years of age.
(6) If the child is adjudicated a delinquent child for
committing a violation of section 2903.01 or 2903.02 of the Revised Code,
commit the child to
the legal custody of the department of youth services for
institutionalization in a secure facility until the child's
attainment of twenty-one years of age;
(7)(a) If the child is adjudicated a delinquent
child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that would be a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(4), (5), or (6) of this section and if the
court determines that the child, if the child was an adult, would be guilty of
a specification of the type set forth in section
2941.141, 2941.144, 2941.145, or 2941.146
of the Revised Code in relation to
the act for which the child was adjudicated a delinquent child, commit the
child to the legal custody of the department of youth services for
institutionalization in a secure facility for the following period of time,
subject to division (A)(7)(c)(d) of this section:
(i) If the child would be guilty of a specification of the
type set forth in section 2941.141 of the Revised Code, a period
of one year;
(ii) If the child would be guilty of a specification of the type
set forth in section 2941.144, 2941.145, or 2941.146 of the Revised Code, a
period of three years.
(b) If the child is adjudicated a delinquent child for committing a
category one offense or a category two offense and is committed to the legal
custody of the department of youth services pursuant to division
(A)(5) or (6) of this section and if the court determines that
the child, if the child was an adult, would be guilty of a specification of
the type set forth in section 2941.142 of the
Revised Code in relation to the act for which the child was
adjudicated a delinquent child, the court shall commit the child to the legal
custody of the
department of youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, subject to
division (A)(7)(c)(d) of this section.
(c) IF THE CHILD IS ADJUDICATED A
DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AN OFFENSE OF
VIOLENCE THAT IS A FELONY IF COMMITTED BY AN ADULT AND IS
COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES
PURSUANT TO DIVISION (A)(4), (5), OR (6) OF THIS SECTION AND
IF
THE COURT DETERMINES THAT THE CHILD, IF THE CHILD WAS AN ADULT, WOULD BE
GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION
2941.1411 of the Revised Code IN RELATION TO THE ACT FOR WHICH THE
CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT MAY COMMIT THE CHILD TO
THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR
INSTITUTIONALIZATION IN A SECURE FACILITY FOR TWO YEARS, SUBJECT TO
DIVISION (A)(7)(d) OF THIS SECTION.
(d) A COURT THAT IMPOSES A PERIOD OF COMMITMENT UNDER DIVISION
(A)(7)(a) OF THIS SECTION IS NOT
PRECLUDED FROM IMPOSING AN ADDITIONAL PERIOD OF COMMITMENT UNDER DIVISION
(A)(7)(b) OR (c) OF THIS SECTION, A
COURT THAT IMPOSES A
PERIOD OF COMMITMENT UNDER DIVISION (A)(7)(b) OF THIS
SECTION IS
NOT PRECLUDED FROM IMPOSING AN ADDITIONAL PERIOD OF COMMITMENT UNDER
DIVISION (A)(7)(a) OR (c) OF THIS
SECTION, AND A COURT THAT
IMPOSES A PERIOD OF COMMITMENT UNDER DIVISION
(A)(7)(c) OF THIS
SECTION IS NOT PRECLUDED FROM IMPOSING AN ADDITIONAL PERIOD OF COMMITMENT
UNDER DIVISION (A)(7)(a) OR (b) OF
THIS SECTION. The court shall not
commit a child to the legal custody of the department of youth services
pursuant to division (A)(7)(a)
or, (b), OR (c) of this section for a
period of time
that exceeds three years.
The period of
commitment imposed pursuant to division (A)(7)(a) or,
(b), OR (c) of this
section shall be in addition to, and shall be served consecutively with and
prior to, a period of commitment ordered pursuant to division
(A)(4), (5), or (6) of this section, provided that the total of all
the periods of commitment shall not exceed the child's attainment of
twenty-one years of age.
(8)(a) Impose a fine and costs in accordance with
the schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part
of the property damage caused by the child's delinquent act and for
all or part of the value of the property that was the subject of any
delinquent act the child committed that would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult. If the court determines
that the victim of the child's delinquent act was sixty-five
years of age or older or permanently and totally disabled at the
time of the commission of the act, the court, regardless of
whether or not the child knew the age of the victim, shall consider
that fact in favor of imposing restitution, but that fact shall
not control the decision of the court. The restitution may be in
the form of a cash reimbursement paid in a lump sum or in
installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim, the performance of
community service or community work, any other form of
restitution devised by the court, or any combination of the
previously described forms of restitution.
(9) Subject to division (D) of this section,
suspend or revoke the driver's license, probationary driver's
license, or temporary
instruction permit issued to the child or suspend or revoke the
registration of all motor vehicles registered in the name of the
child. A child whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child has paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(10) If the child is adjudicated a delinquent child for
committing an act that, if committed by an
adult, would be a criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code, impose a period of electronically monitored house
detention in accordance with division (I)(J) of this section
that
does not exceed the maximum sentence of imprisonment that could
be imposed upon an adult who commits the same act;
(11) Impose a period of day reporting in which the child 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;
(12) Impose a period of electronically monitored house
arrest in accordance with division
(I)(J) of this section;
(13) Impose a period of community service of up to five
hundred hours;
(14) Impose a period in an alcohol or drug treatment
program with a level of security for the child as determined
necessary by the court;
(15) Impose a period of intensive supervision, in which the
child is required to maintain frequent contact with a person
appointed by the court to supervise the child while the child is
seeking or maintaining employment and participating in training,
education, and treatment programs as the order of
disposition;
(16) Impose a period of basic supervision, in which the
child is required to maintain contact with a person appointed to
supervise the child in accordance with sanctions imposed by the
court;
(17) Impose a period of drug and alcohol use
monitoring;
(18) Impose a period in which the court orders the child
to observe a curfew that may involve daytime or evening
hours;
(19) Require the child to obtain a high
school diploma, a certificate of high school equivalence, or
employment;
(20) If the court obtains the assent of the victim
of the criminal act committed by the child, require
the child to participate in a reconciliation or mediation program
that includes a meeting in which the child and the victim may
discuss the criminal act, discuss restitution, and consider
other sanctions for the criminal act;
(21) Commit the child to the temporary or permanent custody of the court;
(22) Make any further disposition that the court finds
proper, except that the child shall not be placed in any
state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place in which an adult
convicted of a crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent
child for violating section 2923.32 of the Revised Code,
the court, in addition to any order of disposition it makes for
the child under division (A) of this section, shall enter an
order of criminal forfeiture against the child in accordance
with divisions (B)(3), (4), (5), and (6) and (C) to
(F) of section 2923.32 of the Revised Code.
(2) If a child is adjudicated a delinquent child
for committing two or more acts that would be felonies if committed by an
adult and if the court entering the delinquent child adjudication orders the
commitment of the child, for two or more of those acts,
to the legal custody of the department of youth services for
institutionalization or institutionalization in a secure facility pursuant to
division (A)(4), (5), or (6) of this section,
the court may order that all of the periods of commitment imposed under
those
divisions for those acts be served consecutively in the legal
custody of the department of youth services and, if applicable, be in
addition to and commence immediately following the expiration of a
period ALL PERIODS of commitment that the court imposes pursuant to
division
(A)(7)(a), (b), OR (c) of this section. A court
shall not commit a delinquent child
to the legal custody of the department of youth services
under division (B)(2) of this section for a
period that exceeds the child's attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be
a drug abuse offense, as defined in section 2925.01 of the
Revised Code, or for violating division (B) of section 2917.11
of the Revised Code, in addition to imposing in its
discretion any other order of disposition authorized by this
section, the court shall do both of the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend or revoke the temporary instruction permit,
probationary driver's license, or driver's license
issued to the child for a period of time
prescribed by the court or, at the
discretion of the court, until the child attends and satisfactorily
completes, a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. During the time the child is
attending the program, the court shall retain any temporary
instruction permit, probationary driver's license, or
driver's license issued to the child, and the court
shall return the permit or license when the child satisfactorily completes the
program.
(D) If a child is adjudicated a delinquent child
for violating section 2923.122 of the Revised Code, the court, in addition to
any order of
disposition it makes for the child under division (A), (B),
or (C) of this
section, shall revoke the temporary instruction permit and deny the child the
issuance of another temporary instruction permit in accordance with
division (F)(1)(b) of section 2923.122 of the Revised Code
or shall suspend the probationary driver's
license, restricted license, or nonresident operating privilege of the child
or deny the child the issuance of
a probationary driver's license, restricted license, or temporary
instruction permit in accordance with division
(F)(1)(a), (c), (d), or (e) of section 2923.122 of the
Revised Code.
(E)(1) At the dispositional hearing and prior to making any
disposition pursuant to division (A) of this section, the court
shall determine whether a victim of the delinquent act
committed by the child was five years of age or younger at the time the
delinquent act was committed, whether a victim of the delinquent act sustained
physical harm to the victim's person during the commission of or otherwise as
a result of the delinquent act, whether a victim of the delinquent act
was sixty-five years of age or older or
permanently and totally disabled at the time the delinquent act
was committed, and whether the delinquent act would have been an
offense of violence if committed by an adult. If the victim was
five years of age or younger at the time the delinquent act was committed,
sustained physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five years of age or
older or permanently and totally
disabled at the time the act was committed, regardless of whether
the child knew the age of the victim, and if the act would
have been an offense of violence if committed by an adult, the
court shall consider those facts in favor of imposing commitment
under division (A)(3), (4), (5), or (6) of this section, but
those facts shall not control the court's decision.
(2) At the dispositional hearing and prior to making any
disposition pursuant to division (A)(4), (5), or (6) of this section,
the court shall determine whether the delinquent child previously has been
adjudicated a delinquent child for a violation of a law or ordinance. If the
delinquent child previously has been adjudicated a delinquent child for
a violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under this
section, shall consider the previous
delinquent child adjudication as a conviction of a violation
of the law or ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult.
(F)(1) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to this
section, the court shall not designate the specific institution
in which the department is to place the child but instead
shall specify that the child is to be institutionalized or that
the institutionalization is to be in a secure facility if that is
required by division (A) of this section.
(2) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
provide the department with the child's medical records, a copy of the report
of any mental
examination of the child ordered by the court, the section or
sections of the Revised Code violated by the child and the degree
of the violation, the warrant to convey the child to the
department, a copy of the court's journal entry ordering the
commitment of the child to the legal custody of the department, a
copy of the arrest record pertaining to the act for which the child was
adjudicated a delinquent child, a copy of any victim impact statement
pertaining to the act, and any other information concerning the child that the
department reasonably requests. The court
also shall complete the form for the standard
disposition investigation
report that is developed and furnished by the department of youth services
pursuant to section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept physical custody
of a delinquent
child who is committed to the legal custody of the department until the
court provides to the department the documents specified in
division (F)(2) of this section. No officer or employee of
the department who refuses to accept physical custody of a delinquent child
who is committed to the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court
fails to provide the documents specified in division (F)(2) of
this section at the time the court transfers the physical custody
of the child to the department.
(3) Within twenty working days after the department of
youth services receives physical custody of a delinquent child
from a juvenile court, the court shall provide the department
with a certified copy of the child's birth certificate or
the child's social security number, or, if the court made all reasonable
efforts to obtain the information but was unsuccessful, the court
shall provide the department with documentation of the efforts it
made to obtain the information.
(4) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
give notice to the school attended by the child of the child's
commitment by sending to that school a copy of the court's
journal entry ordering the commitment. As soon as possible after
receipt of the notice described in this division, the school
shall provide the department with the child's school transcript.
However, the department shall not refuse to accept a child
committed to it, and a child committed to it shall not be held in
a county or district detention home, because of a school's failure
to provide the school transcript that it is required to provide under
division (F)(4) of this section.
(5) The department of youth services shall provide the court and the school
with an updated copy of the child's school transcript and shall
provide the court with a summary of the institutional record of
the child when it releases the child from institutional care. The department
also shall provide the court with a copy of any
portion of the child's institutional record that the court
specifically requests within five working days of the request.
(6) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to
division (A)(4) or (5) of this section, the court shall state in
the order of commitment the total number of days that the child
has been held, as of the date of the issuance of the order, in
detention in connection with the delinquent child complaint upon
which the order of commitment is based. The department
shall reduce the minimum period of institutionalization
or minimum period of institutionalization in a secure facility
specified in division (A)(4) or (5) of this section by both the
total number of days that the child has been so held in detention
as stated by the court in the order of commitment and the total
number of any additional days that the child has been held in
detention subsequent to the order of commitment but prior to the
transfer of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated
a delinquent child or as soon as possible after the hearing, the court
shall notify all victims of the delinquent act, who may be
entitled to a recovery under any of the following sections, of
the right of the victims to recover, pursuant to section 3109.09
of the Revised Code, compensatory damages from the child's
parents; of the right of the victims to recover, pursuant to
section 3109.10 of the Revised Code, compensatory damages from
the child's parents for willful and malicious assaults committed
by the child; and of the right of the victims to recover an award
of reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code.
(2) If a child is adjudicated a
delinquent child for committing an act that, if committed by an adult, would
be aggravated murder, murder, rape, felonious sexual penetration in violation
of former section 2907.12 of the Revised Code, involuntary manslaughter, a
felony of
the first or second degree resulting in the death of or physical harm to a
person, complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is or was
substantially equivalent to any of those offenses and if
the court in its order of disposition for that act commits the child
to the custody of the department of youth services, the court may
make a specific finding that the adjudication should be considered a
conviction for purposes of a determination in the future, pursuant to
Chapter 2929. of the Revised Code, as to whether the child is a repeat
violent offender as defined in section
2929.01 of the Revised Code. If the court makes a specific finding as
described in this division, it shall include the specific finding in its order
of disposition and in the record in the case.
(H)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony or offense of violence if
committed by
an adult, the court, prior to issuing an order of disposition
under this section, shall order the preparation of a victim
impact statement by the probation department of the county in
which the victim of the act resides, by the court's own probation
department, or by a victim assistance program that is operated by
the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for
the child.
(2) Each victim impact statement shall identify the victim
of the act for which the child was adjudicated a delinquent
child, itemize any economic loss suffered by the victim as a
result of the act, identify any physical injury suffered by the
victim as a result of the act and the seriousness and permanence
of the injury, identify any change in the victim's personal
welfare or familial relationships as a result of the act and any
psychological impact experienced by the victim or the victim's
family as a result of the act, and contain any other information
related to the impact of the act upon the victim that the court
requires.
(3) A victim impact statement shall be kept confidential
and is not a public record, as defined in section 149.43 of the
Revised Code. However, the court may furnish copies of the
statement to the department of youth services pursuant to
division (F)(3) of this section or to both the adjudicated
delinquent child or the adjudicated delinquent child's counsel and the
prosecuting
attorney. The copy of a victim impact statement furnished by the court to
the department pursuant to division (F)(3) of
this section shall be kept confidential and is not a public
record, as defined in section 149.43 of the Revised Code. The copies of a
victim impact statement that are made available to
the adjudicated delinquent child or the adjudicated delinquent child's counsel
and the
prosecuting attorney pursuant to division (H)(3) of this
section shall be
returned
to the court by the person to whom they were made available
immediately following the imposition of an order of disposition
for the child under this section.
(I)(1) As used in division (I)(2) of this section, "felony drug abuse
offense" has the same meaning as in section 2925.01 of the
Revised Code.
(2) Sections 2925.41 to 2925.45 of the Revised Code apply
to children who are adjudicated or could be adjudicated by a juvenile court
to be delinquent children for an act that, if committed by an
adult, would be a felony drug abuse offense. Subject to division
(B) of section 2925.42 and division (E) of section 2925.43 of the
Revised Code, a delinquent child of that nature loses any right to the
possession of, and forfeits to the state any right, title, and
interest that the delinquent child may have in, property as defined in section
2925.41 and further described in section 2925.42 or 2925.43 of the
Revised Code.
(3) Sections 2923.44 to 2923.47 of the Revised
Code apply to children who are adjudicated or could be adjudicated by
a juvenile court to be delinquent children for an act
in violation of section
2923.42 of the Revised Code. Subject to division
(B) of section 2923.44 and division (E) of section 2923.45
of the Revised Code, a delinquent child of that nature loses
any right to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as defined in
section 2923.41 of the Revised Code and further described in
section 2923.44 or 2923.45 of the Revised Code.
(J)(1) As used in this section:
(a) "Electronic monitoring device," "certified electronic
monitoring device," "electronic monitoring system," and
"certified electronic monitoring system" have the same meanings
as in section 2929.23 of the Revised Code.
(b) "Electronically monitored house detention" means a
period of confinement of a child in the child's home or in other
premises
specified by the court, during which period of confinement all of
the following apply:
(i) The child wears, otherwise has attached to the child's person,
or otherwise is subject to monitoring by a certified electronic
monitoring device or is subject to monitoring by a certified
electronic monitoring system.
(ii) The child is required to remain in the child's home or other
premises specified by the court for the specified period of
confinement, except for periods of time during which the child is
at school or at other premises as authorized by the court.
(iii) The child is subject to monitoring by a central
system that monitors the certified electronic monitoring device
that is attached to the child's person or that otherwise is being
used to
monitor the child and that can monitor and determine the child's location at
any time or at a designated point in time, or the child is required
to
participate in monitoring by a certified electronic monitoring
system.
(iv) The child is required by the court to report
periodically to a person designated by the court.
(v) The child is subject to any other restrictions and
requirements that may be imposed by the court.
(2) A juvenile court, pursuant to division (A)(10) of this
section, may impose a period of electronically monitored house
detention upon a child who is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be a
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code. The court may impose a period of electronically
monitored house detention in addition to or in lieu of any other
dispositional order imposed upon the child, except that any
period of electronically monitored house detention shall not
extend beyond the child's eighteenth birthday. If a court
imposes a period of electronically monitored house detention upon
a child, it shall require the child to wear, otherwise have
attached to the child's person, or otherwise be subject to
monitoring by
a certified electronic monitoring device or to participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the child's home or other specified premises
for the
entire period of electronically monitored house detention except
when the court permits the child to leave those premises to go to
school or to other specified premises; to be monitored by a
central system that monitors the certified electronic monitoring
device that is attached to the child's person or that otherwise is
being used to monitor the child and that can monitor and determine
the child's location at any time or at a designated point in time
or to be monitored by the certified electronic monitoring system; to
report periodically to a person designated by the court; and, in
return for receiving a dispositional order of electronically
monitored house detention, to enter into a written contract with
the court agreeing to comply with all restrictions and
requirements imposed by the court, agreeing to pay any fee
imposed by the court for the costs of the electronically
monitored house detention imposed by the court pursuant to
division (E) of section 2929.23 of the Revised Code, and agreeing
to waive the right to receive credit for any time served on
electronically monitored house detention toward the period of any
other dispositional order imposed upon the child for the act for
which the dispositional order of electronically monitored house
detention was imposed if the child violates any of the restrictions
or requirements of the dispositional order of electronically
monitored house detention. The court also may impose other reasonable
restrictions and requirements upon the child.
(3) If a child violates any of the restrictions or
requirements imposed upon the child as part of the child's dispositional order
of electronically monitored house detention, the child shall not receive
credit for any time served on electronically monitored house
detention toward any other dispositional order imposed upon
the child for the act for which the dispositional order of
electronically
monitored house detention was imposed.
(K) Within ten days after completion of the adjudication,
the court shall give written notice of an adjudication that a
child is a delinquent child to the superintendent of a city,
local, exempted village, or joint vocational school district if
the basis of the adjudication was the commission of an act that
would be a criminal offense if committed by an adult and that was
committed by the delinquent child when the child was sixteen
years of age or older and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district;
(2) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that was committed
on property owned or controlled by, or at an activity held under the auspices
of, the board of education of that school district;
(3) A violation of division (A) of section 2925.03 or 2925.11 of the Revised
Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district and that is not a minor drug
possession offense as defined in section 2925.01 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled by, or at an activity held
under the auspices of, the board of education of that school district, if the
victim at the time of
the commission of the act was an employee of the board of
education of that school district;
(5) Complicity in any violation described in division
(K)(1), (2), (3), or (4) of this section that
was alleged to have been
committed in the manner described in division (K)(1), (2),
(3), or (4) of this section, regardless of whether the
act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district.
(L) During the period of a delinquent child's probation
granted
under division
(A)(2) of this section, 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 delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in which the
delinquent child has a right, title, or interest or for which the delinquent
child 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 delinquent child is not abiding by the law or
otherwise is not complying with the conditions of the delinquent child's
probation. The court that places a delinquent child on probation under
division (A)(2) of this section shall provide the delinquent child with a
written notice that
informs the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or responsibilities may
conduct those types
of searches during the period of probation if they have reasonable grounds to
believe that the delinquent child is not abiding by the law or otherwise is
not complying with the conditions of the delinquent child's probation. The
court also shall provide the written notice described in division
(C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division (C)(2)(a) of
that section.
Sec. 2151.62. (A) This section applies only to a child who is or
previously has been adjudicated a delinquent child for an act to which any of
the following applies:
(1) It is a violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the
Revised Code and involved an attempt to
commit aggravated murder or murder;
(3) It would be a felony if committed by an adult, and the
court determined that the child, if an adult, would be guilty of
a specification found in section 2941.141, 2941.144, or
2941.145
of the Revised Code or in another section of the
Revised Code that relates to the possession or use of a
firearm, as defined in section 2923.11 of the Revised Code,
during the commission of the act for which the child was adjudicated a
delinquent child;
(4) IT WOULD BE AN OFFENSE OF VIOLENCE THAT IS A FELONY IF
COMMITTED BY AN ADULT, AND THE COURT DETERMINED THAT THE CHILD, IF AN
ADULT, WOULD BE GUILTY OF A SPECIFICATION FOUND IN SECTION 2941.1411 of the Revised Code OR
IN ANOTHER SECTION of the Revised Code THAT
RELATES TO THE WEARING OR CARRYING OF BODY ARMOR DURING THE COMMISSION
OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT
CHILD.
(B)(1) Except as provided in division (E) of this
section,
a public children services agency, private child placing
agency, private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place a child in a
foster home until it provides the foster caregivers with all of the
following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the
child
the entity knows of that
resulted in the child being adjudicated a delinquent child and
the disposition made by the court, unless the records pertaining
to the acts have been sealed pursuant to section 2151.358 of the
Revised Code;
(c) A written report describing any other violent act committed
by the
child of which the entity is aware;
(d) The substantial and material conclusions and recommendations
of any
psychiatric or psychological examination conducted
on the child or, if no psychological or psychiatric examination of the child
is available, the substantial and material conclusions and recommendations of
an examination to detect mental and emotional disorders conducted in
compliance with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical counselor, or
professional counselor licensed under that chapter. The entity shall not
provide any part of a psychological, psychiatric, or mental and emotional
disorder examination to the foster caregivers other than the substantial and
material conclusions.
(2) Notwithstanding section 2151.358 of the Revised
Code, if records of an adjudication that a child is a delinquent
child have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster caregivers a
written statement that the records of a prior adjudication have been sealed.
(C) The entity that places
the child in a foster home shall conduct a psychological examination of the
child, except that the entity is not required to conduct the examination if
such an examination was conducted no more than one year prior to the child's
placement. No later than sixty days after placing the child, the entity shall
provide the foster
caregiver a written report detailing the substantial and material conclusions
and recommendations of the examination conducted
pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and preparing the reports
and assessment required by division (B) or (C) of this
section shall be paid by the entity that places the child in the foster home.
(2) When a juvenile court grants temporary or permanent custody of a child
pursuant to any section of the Revised Code, including section 2151.33, 2151.353, 2151.354,
or 2151.355 of the Revised Code, to a public children services agency or private
child placing agency, the
court shall provide the agency the information described in division
(B) of this
section, pay the expenses of preparing that information, and, if a new
examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this section.
On receipt of the information described in division (B) of this
section, the agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the acknowledgment and
provide a copy to the agency. On the motion of the agency, the court may
terminate the order granting
temporary or permanent custody of the child to that agency, if the court does
not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a foster home
with the assistance of or by contracting with a public children services
agency, private child placing agency, or a private noncustodial agency, the
entity shall provide the agency with the information described in division
(B) of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this
section:
(a) The department of youth services if the placement is pursuant
to any section of the Revised Code including section 2151.38, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2151.355 of the Revised Code;
(c) A public children services agency or private child placing
agency with temporary or permanent custody of the child.
The agency receiving the information described in division (B) of
this section shall provide the entity
described in division (D)(3)(a) to (c)
of this section that sent the information written acknowledgment that the
agency received
the information and provided it to the foster caregivers. The entity shall
keep the acknowledgment and provide a copy
to the agency. An entity that
places a child in a foster home with the assistance of or by
contracting with an agency remains responsible to provide the
information described in division
(B) of this section to the
foster caregivers unless the entity receives written
acknowledgment that the agency provided the information.
(E) If a child is placed
in a foster home as a result of an emergency removal of the
child from home pursuant to division
(D) of section 2151.31 of the
Revised Code, an emergency change in
the child's case plan pursuant to division
(E)(3) of section 2151.412 of
the Revised Code, or an emergency placement by the
department of youth services pursuant to this chapter or Chapter
5139. of the Revised Code, the entity that places the child
in the foster
home shall provide the information described in division
(B) of this section no later
than ninety-six hours after the child is placed in the foster
home.
(F) On receipt of the information described in divisions
(B) and (C) of this section, the foster caregiver shall
provide to the entity that places the child in the foster caregiver's home a
written acknowledgment that the foster caregiver received the information.
The
entity shall keep the acknowledgment and provide a copy to the foster
caregiver.
(G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a foster home
shall
fail to provide the foster caregivers with the information
required by divisions (B) and
(C) of this section.
(H) It is not a violation of any duty of
confidentiality provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division (B)(1)(d) or
(C) of this section.
(I) AS USED IN THIS SECTION:
(1) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 2941.1411 OF
THE REVISED CODE.
(2) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 OF THE
REVISED CODE.
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)(12) 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 or one hundred twenty days in prison
that a sentencing court is required to impose for a third or fourth degree
felony
OMVI offense pursuant
to division (G)(2) of section 2929.13 and division (A)(4) or (8) 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) (11) 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 or one hundred twenty days in a jail, a
community-based correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may 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) or (8) 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.
(NN)(QQ) "Third 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 third degree.
(RR) "BODY ARMOR" HAS THE SAME MEANING AS IN SECTION 2941.1411 OF
THE REVISED CODE.
Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI OMVI
offense, in addition
to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable:
(1) For a fourth degree felony OMVI offense for which sentence is
imposed under division (G)(1) of this section, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised Code;
(2) For a third or fourth degree felony OMVI offense for which
sentence is imposed under division (G)(2) of this section, an additional
prison term as
described in division (D)(4) of section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical harm to a person.
(b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon.
(c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person.
(d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code.
(g) The offender previously served a prison term.
(h) The offender committed the offense while under a community control
sanction, while on probation, or while released from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession of a firearm.
(2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender.
(C) Except as provided in division (E), (F), or (G) of this section, in
determining whether to impose a prison
term as a sanction for a felony of the
third degree or 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 this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony
violates the conditions of a community
control sanction imposed for the offense solely by
reason of producing positive results on a drug test,
the court, as punishment for the violation of the sanction, shall not order
that the offender be imprisoned unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the felony to
participate in a drug treatment program, in a drug education program,
or in narcotics anonymous or a
similar program, and the offender continued to use illegal drugs after a
reasonable period of participation in the program.
(b) The imprisonment of the offender for the violation is consistent with the
purposes and principles of sentencing set forth in section 2929.11 of the
Revised Code.
(F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape by force
when the victim is under thirteen years of age;
(3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, the former offense of felonious sexual penetration, gross sexual
imposition, or sexual battery,
and if the victim of the previous offense was under thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06,
2903.08, 2903.11, 2903.12, or
2903.13 of the Revised Code if the section requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and that is listed in division
(DD)(1) of section 2929.01 of the Revised Code if the offender previously was
convicted of or pleaded guilty to any offense that is listed in division
(DD)(2)(a)(i) or (ii) of section 2929.01 of the Revised Code;
(8) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm;
(9) ANY OFFENSE OF VIOLENCE THAT IS A FELONY, IF THE OFFENDER WORE OR
CARRIED BODY ARMOR WHILE COMMITTING THE FELONY OFFENSE OF VIOLENCE, WITH
RESPECT TO THE PORTION OF THE SENTENCE IMPOSED PURSUANT TO DIVISION
(D)(1)(d) OF SECTION 2929.14 OF THE REVISED
CODE FOR WEARING OR CARRYING THE BODY ARMOR;
(10) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree;
(10)(11) Any sexually violent offense for which 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;
(11)(12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of that section involving an item listed
in division (A)(1) or (2) of that section, if the offender is an officer or
employee of the department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI offense, the
court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree felony
OMVI offense, the court may impose upon the offender a mandatory term
of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code or a mandatory term of local incarceration of one hundred
twenty days as specified in division (A)(8) of that section. The court
shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender is being sentenced for a third
degree felony OMVI offense,
or if the offender is being sentenced for a fourth degree felony OMVI
offense and the court does not impose a mandatory term of local incarceration
under division (G)(1) of this section, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code
or a mandatory prison term of one hundred twenty days as specified in division
(A)(8) of that section. The court shall not reduce the term pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for any violation of division
(A) of section 4511.19 of the Revised Code. The court shall not sentence the
offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into under section
9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders sentenced to
a mandatory prison term under this division are placed in the privately
operated and managed prison so that the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in any
intensive program prison established pursuant
to section 5120.033 of the Revised Code other
than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies:
(1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense.
(2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually oriented offense committed on or after January 1,
1997, the judge shall
include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section.
(J)(1) Except as
provided in division (J)(2) of
this section, when considering sentencing factors under this
section in relation to an offender who is convicted of or pleads
guilty to an attempt to commit an offense in violation of
section 2923.02 of the Revised Code, the sentencing court
shall consider the factors applicable to the felony category of
the violation of section 2923.02 of the Revised
Code instead of the factors
applicable to the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section in relation to an offender who is convicted of or pleads
guilty to an attempt to commit a drug abuse offense for which
the penalty is determined by the amount or number of unit doses
of the controlled substance involved in the drug abuse offense,
the sentencing court shall consider the factors applicable to
the felony category that the drug abuse offense attempted would
be if that drug abuse offense had been committed and had
involved an amount or number of unit doses of the controlled
substance that is within the next lower range of controlled substance amounts
than was involved in the attempt.
(K) As used in this section, "drug abuse offense" has the same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C), (D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except in relation to an offense for which a sentence
of death or life imprisonment is to be imposed, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender pursuant to this
chapter and is not prohibited by division (G)(1) of section 2929.13 of the
Revised Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following:
(1) For a felony of the first degree, the prison term
shall be three, four, five, six, seven, eight, nine, or ten
years.
(2) For a felony of the second degree, the prison term
shall be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term
shall be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term
shall be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term
shall be six, seven, eight, nine, ten, eleven,
or twelve months.
(B) Except as provided in division (C),
(D)(1), (D)(2), (D)(3), or (G) of this section, in section 2907.02
of the Revised Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds on the record that the shortest prison term will
demean the seriousness of the offender's conduct or will not
adequately protect the public from future crime by the offender
or others.
(C) Except as provided in division (G) of this section or in Chapter 2925. of
the Revised Code, the court imposing a sentence upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this section only upon offenders who committed the worst forms of
the offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent offenders in accordance with division (D)(2) of
this section.
(D)(1)(a) Except as provided in division
(D)(1)(d)(e) of this section, if
an offender who is convicted of or pleads guilty to a felony also
is convicted of or pleads guilty to a specification of the type
described in section 2941.141, 2941.144, or
2941.145 of the
Revised Code, the court shall impose on the offender one of the
following prison terms:
(i) A prison term of six years if the specification is of the
type described in section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic firearm
or that was equipped with a firearm muffler or silencer on or about the
offender's person or
under the offender's control while committing the felony;
(ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing the offense
and displaying
the firearm, brandishing
the firearm, indicating that the offender possessed the firearm, or
using it to facilitate the offense;
(iii) A prison term of one year if the specification
is of the type described in section 2941.141 of the Revised
Code
that charges the offender with having a firearm on or about the offender's
person or under the offender's control while committing the felony.
(b) If a
court imposes a prison term on
an
offender under division (D)(1)(a) of this section, the prison
term shall not be reduced pursuant to section 2929.20, section 2967.193,
or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction.
(c) Except as provided in division
(D)(1)(d)(e)
of this section, if an offender who is convicted of or pleads
guilty to a violation of section 2923.161 of the
Revised
Code or to a felony that includes,
as an essential element, purposely or knowingly causing or
attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the
Revised
Code that charges the offender
with committing the offense by discharging a firearm from a
motor vehicle other than a manufactured
home, the court, after imposing
a prison term on the offender for the violation of section
2923.161 of the Revised
Code or for the other felony
offense under division (A), (D)(2), or (D)(3) of this section, shall
impose an additional prison term of five years upon the offender
that shall not be reduced pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division (D)(1)(c) of this section for felonies committed as
part of the same
act or transaction. If a court imposes an additional prison term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term under division
(D)(1)(a) of this section
relative to the same offense, provided the criteria specified in that division
for imposing an additional prison term are satisfied relative to the offender
and the offense.
(d)
IF AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE
OF VIOLENCE THAT IS A FELONY ALSO IS CONVICTED OF OR PLEADS GUILTY TO A
SPECIFICATION OF THE TYPE DESCRIBED IN SECTION 2941.1411 of the Revised Code THAT CHARGES THE
OFFENDER WITH WEARING OR CARRYING BODY ARMOR
WHILE COMMITTING THE FELONY OFFENSE OF VIOLENCE, THE COURT SHALL
IMPOSE ON THE OFFENDER A PRISON TERM OF TWO YEARS. THE PRISON
TERM SO IMPOSED SHALL NOT BE REDUCED PURSUANT TO SECTION 2929.20,
SECTION 2967.193, OR ANY OTHER PROVISION OF CHAPTER 2967. OR
CHAPTER 5120. of the Revised Code. A COURT SHALL NOT IMPOSE MORE
THAN ONE PRISON TERM ON AN OFFENDER UNDER DIVISION
(D)(1)(d) OF THIS SECTION FOR FELONIES COMMITTED AS
PART OF
THE SAME ACT OR TRANSACTION. IF A COURT IMPOSES AN ADDITIONAL PRISON
TERM UNDER DIVISION (D)(1)(a) OR (c)
OF THIS SECTION, THE
COURT IS NOT PRECLUDED FROM IMPOSING AN ADDITIONAL PRISON TERM UNDER
DIVISION (D)(1)(d) OF THIS SECTION.
(e) The court shall not impose any of the
prison terms described in division
(D)(1)(a)
of this section or any of the additional prison terms described in
division (D)(1)(c) of this section upon an
offender for a
violation of section
2923.12 or 2923.123 of the Revised Code. The court shall not
impose any of the prison terms described in
division
(D)(1)(a) of this section or any of the additional prison terms
described in division (D)(1)(c) of this section
upon an offender for a violation of section 2923.13 of the
Revised Code unless all of the following apply:
(i) The offender previously has been convicted
of aggravated murder, murder, or any felony of the first or
second degree.
(ii) Less than five years have passed since the
offender was released from prison or post-release control,
whichever is later, for the prior offense.
(2)(a) If an offender who is
convicted of or pleads guilty to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the Revised Code
that the
offender is a repeat
violent offender, the court shall
impose a prison term from the range of terms authorized for the offense
under division (A) of this section
that may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. If the court finds that the
repeat violent offender, in committing the offense, caused any
physical harm that carried a substantial risk of death to a
person or that involved substantial permanent incapacity or
substantial permanent disfigurement of a person,
the court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section.
(b) If the court imposing a prison term on a
repeat violent offender imposes the longest prison term
from the range of terms authorized for the offense under division
(A) of this section, the court may impose on the offender
an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if the court finds
that both of the following apply with respect to the prison terms
imposed on the offender pursuant to division
(D)(2)(a) of this section and, if
applicable, divisions (D)(1) and (3) of this section:
(i) The terms so imposed are inadequate to
punish the offender and protect the public from future crime,
because the applicable factors
under
section 2929.12
of the Revised Code indicating a greater
likelihood of recidivism outweigh
the applicable factors under that section indicating a lesser likelihood of
recidivism.
(ii) The terms so imposed are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code
indicating that the offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the applicable
factors under that section indicating that the offender's
conduct is
less serious than conduct normally constituting the offense.
(3)(a) Except when an offender commits a
violation of section 2903.01 or 2907.02 of the
Revised Code and the penalty imposed for the
violation is life imprisonment or commits a violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on the offender, if
the offender commits a felony violation of section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division
(C) of section 4729.51, or division (J) of section 4729.54
of the Revised Code that includes the sale, offer to sell,
or possession of a schedule
I or II controlled substance, with the exception of
marihuana, and the
court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type
described in section 2941.1410 of the Revised Code charging
that the offender is a
major drug offender, or if the court imposing sentence upon an offender for
a felony finds that the offender is guilty
of corrupt activity with the most serious offense in the pattern
of corrupt activity being a felony of the first degree or is guilty of
an attempted forcible violation of section 2907.02 of the Revised Code with
the victim being under
thirteen years of age and that attempted violation is the felony
for which sentence is being imposed, the court shall impose upon
the offender for the felony violation a ten-year prison term that
cannot be reduced pursuant to section 2929.20 or Chapter
2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an
offender under division (D)(3)(a) of this
section may impose an additional prison term of one, two, three,
four, five, six, seven, eight, nine, or ten years, if the court,
with respect to the term imposed under division
(D)(3)(a) of this section and, if
applicable, divisions (D)(1) and (2) of this section,
makes both of the findings set forth in divisions
(D)(2)(b)(i) and (ii) of this section.
(4) If the offender is being sentenced for a third or fourth degree felony
OMVI offense under division (G)(2) of section 2929.13 of the Revised
Code,
the sentencing court shall impose upon the offender a mandatory prison term in
accordance with that division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison term of any
duration specified in division (A)(3) of this section minus the sixty or one
hundred twenty days imposed upon the offender as the mandatory prison term.
The total of the
additional prison term imposed under division (D)(4) of this section
plus the sixty or one hundred twenty days imposed as the mandatory prison term
shall equal one of
the authorized prison terms specified in division (A)(3) of this section. If
the court imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after the
offender has served the mandatory prison term required for the offense. The
court shall not sentence the offender to a community control sanction under
section 2929.16 or 2929.17 of the Revised Code.
(E)(1) If (a) SUBJECT TO DIVISION
(E)(1)(b) OF THIS SECTION, IF a mandatory prison term
is imposed
upon an offender pursuant to division (D)(1)(a) of this
section for having a firearm on or about the offender's person or under the
offender's
control while committing a felony, if a mandatory prison term
is imposed
upon an offender pursuant to division (D)(1)(d)(c) of
this section for committing a felony specified in that division by discharging
a firearm from a motor vehicle, or if both types of mandatory prison terms
are imposed, the offender shall serve
any mandatory prison term
imposed under either division
consecutively to any other mandatory prison term imposed under either division
and shall serve all mandatory prison terms imposed under those
divisions OR UNDER DIVISION (D)(1)(d) OF THIS
SECTION,
consecutively to and prior to any prison term
imposed for the underlying felony pursuant to division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison term
or
mandatory prison term previously or subsequently imposed upon the
offender.
(b) IF A MANDATORY PRISON TERM IS IMPOSED UPON AN OFFENDER
PURSUANT TO DIVISION (D)(1)(d) OF THIS SECTION FOR
WEARING OR
CARRYING BODY ARMOR WHILE COMMITTING AN OFFENSE OF VIOLENCE THAT IS A FELONY,
THE OFFENDER SHALL SERVE THE MANDATORY
TERM SO IMPOSED CONSECUTIVELY TO ANY OTHER MANDATORY PRISON TERM
IMPOSED UNDER THAT DIVISION OR UNDER DIVISION (D)(1)(a)
OR (c) OF
THIS SECTION, CONSECUTIVELY TO AND PRIOR TO ANY PRISON TERM IMPOSED FOR
THE UNDERLYING FELONY UNDER DIVISION (A), (D)(2), OR
(D)(3)
OF THIS SECTION OR ANY OTHER SECTION of the Revised Code, AND CONSECUTIVELY TO ANY OTHER
PRISON TERM OR MANDATORY PRISON TERM PREVIOUSLY OR SUBSEQUENTLY
IMPOSED UPON THE OFFENDER.
(2) If an offender who is an inmate in a jail, prison,
or other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an offender who is an
inmate in a jail, prison, or other residential detention facility or is under
detention at a detention facility commits another felony while the offender is
an
escapee in violation of
section 2921.34 of the Revised Code, any prison
term imposed upon the offender for one of those violations
shall be served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed that offense and to any other prison
term previously or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code or if a prison term is imposed for a felony violation of division
(B) of section 2921.331 of the Revised Code, the offender shall serve that
prison term consecutively to any
other prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(4) If multiple prison terms are imposed on an offender
for convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness of the
offender's conduct and to the danger the offender
poses to the public, and if the court also finds any
of the following:
(a) The offender committed the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under
post-release control for a prior offense.
(b) The harm caused by the multiple offenses
was so great or unusual that no single prison term for any of the
offenses committed as part of a single course of conduct
adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to protect
the public from future crime by the offender.
(5) When consecutive prison terms are imposed pursuant
to division (E)(1), (2), (3), or (4) of this
section, the term to be served is the aggregate of all of the terms so
imposed.
(F) If a court imposes a prison term of a type
described in division (B) of section 2967.28 of the
Revised Code, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from imprisonment, in
accordance with that division. If a court imposes a prison term
of a type described in division (C) of that section, it
shall include in the sentence a requirement that the offender be
subject to a period of post-release control after the offender's release
from imprisonment, in accordance with that division, if the
parole board determines that a period of post-release control is
necessary.
(G) If a person is convicted of or pleads guilty to a sexually violent
offense and 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 that offense, the court shall impose
sentence upon the offender in accordance with section 2971.03 of the Revised
Code, and Chapter 2971. of the Revised Code applies regarding the prison term
or term of life imprisonment without parole imposed upon the offender and the
service of that term of imprisonment.
(H) If a person who has been convicted of or pleaded guilty to a felony is
sentenced to a prison term or term of imprisonment under this section,
sections 2929.02 to 2929.06 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of the Revised
Code applies regarding the person while the person is confined in a state
correctional institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or pleads guilty to a specification of the
type described in section 2941.142 of the
Revised Code that charges the offender with having committed
the felony while participating in a criminal gang, the court shall impose upon
the offender an additional prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or third degree that is an
offense of violence also is convicted of or pleads guilty to a
specification of the type described in section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The offender shall
serve the additional two years consecutively to and prior to the prison term
imposed for the underlying offense.
(K) At the time of sentencing, the court shall determine if an
offender is eligible for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or is eligible for placement in an intensive program
prison under section 5120.032 of the Revised Code. The court may recommend the offender for
placement in a program of shock incarceration, if eligible, or for placement
in an intensive program prison, if eligible, disapprove placement of the
offender in a program of shock incarceration or in an intensive program
prison, regardless of eligibility, or make no recommendation on placement of
the offender.
If the court disapproves placement of the offender in a program or prison
of that nature, the department of rehabilitation and correction shall not
place the offender in any program of shock incarceration or intensive program
prison.
If the court approves placement of the offender in a program of shock
incarceration or in an intensive program prison, the department shall notify
the court if the offender is subsequently placed in the recommended program or
prison and shall include with the notice a brief description of the placement.
If the court approves placement of the offender in a program of shock
incarceration or in an intensive program prison and the department does not
subsequently place the offender in the recommended program or prison, the
department shall send a notice to the court indicating why the offender was
not placed in the recommended program or prison.
If the court does not make a recommendation under this division with
respect to an eligible offender, the department shall screen the offender and
determine if there is an available program of shock incarceration or an
intensive program prison for which the offender is suited. If there is an
available program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the court of the
proposed placement of the offender and shall include with the notice a brief
description of the placement. The court shall have ten days from receipt of
the notice to disapprove the placement.
Sec. 2941.1411. (A) IMPOSITION OF A TWO-YEAR
MANDATORY PRISON TERM UPON AN OFFENDER UNDER DIVISION
(D)(1)(d) OF
SECTION 2929.14 OF THE REVISED CODE IS PRECLUDED UNLESS THE
INDICTMENT, COUNT IN THE INDICTMENT, OR INFORMATION CHARGING THE OFFENSE
SPECIFIES THAT THE OFFENDER WORE OR CARRIED BODY ARMOR
WHILE COMMITTING THE OFFENSE AND THAT THE OFFENSE IS AN OFFENSE OF VIOLENCE
THAT IS A FELONY. THE SPECIFICATION SHALL BE STATED AT
THE END OF THE BODY OF THE INDICTMENT, COUNT, OR INFORMATION AND
SHALL BE STATED IN SUBSTANTIALLY THE FOLLOWING FORM:
"SPECIFICATION (OR, SPECIFICATION TO THE FIRST COUNT).
THE GRAND
JURORS (OR INSERT THE PERSON'S OR THE PROSECUTING ATTORNEY'S NAME
WHEN APPROPRIATE) FURTHER FIND AND SPECIFY THAT (SET FORTH THAT THE OFFENDER
WORE OR CARRIED BODY ARMOR WHILE COMMITTING THE SPECIFIED
OFFENSE AND THAT THE SPECIFIED OFFENSE IS AN OFFENSE OF VIOLENCE THAT IS A
FELONY)."
(B) AS USED IN THIS SECTION, "BODY ARMOR" MEANS ANY VEST, HELMET,
SHIELD, OR SIMILAR ITEM
THAT IS DESIGNED OR SPECIFICALLY
CARRIED TO DIMINISH THE IMPACT OF A BULLET OR PROJECTILE UPON THE
OFFENDER'S BODY.
Section 2. That existing sections 2151.355, 2151.62, 2929.01,
2929.13, and 2929.14 of the Revised Code are hereby
repealed.
Section 3. Section 2929.01 of the Revised Code is presented in this act
as a composite of the section as amended by Am. S.B. 9, Am. Sub. S.B. 22, and
Am. Sub. S.B. 107 of the 123rd General Assembly,
with the new language of none of the acts shown in capital letters.
Section 2929.13 of the Revised Code is presented in this act
as a composite of the section as amended by Am. Sub. S.B. 22,
Am. Sub. S.B. 107 and Am. S.B. 142 of the 123rd General Assembly,
with the new language of none of the acts shown in capital letters. Section
2929.14 of the Revised Code is presented in this act as a composite of the
section as amended by Am. Sub. S.B. 22 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.
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