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Sub. H. B. No. 170As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Schuring, Flowers, Schaffer, Willamowski, Seitz, Husted, Ogg, Cirelli, Webster, Barrett, Roman, Reidelbach, Niehaus, Lendrum, Carmichael, Hollister, Schmidt, Otterman, Cates, Schneider, Manning, Hartnett, Latell, Britton, Rhine, Buehrer, Carey, Grendell, Perry, Salerno, Widowfield
SENATOR Oelslager
A BILL
To amend sections 307.93, 341.14, 341.19, 341.21,
341.23, 341.26, 753.02, 753.04, 753.16, 2152.20,
2301.56, 2929.18, 2929.19, 2929.21, 2947.14,
2947.19, 2949.111,
3924.53, and 5120.56, and to
enact
sections
2929.35,
2929.36, 2929.37, 2929.38,
5120.57, and
5120.58,
and to repeal sections 341.06
and 2929.223 of the
Revised Code
relative to health
care services
provided to
offenders who are in the
custody or
under the
supervision of the Department
of
Rehabilitation
and
Correction, to the revision
of
the procedures by
which costs related to a
prisoner's confinement in
a local detention
facility are collected and the
consolidation of the
provisions containing those
procedures, and to the
increase from $30 to $50 the
daily fine credit
given to an offender jailed for
failure to pay a
fine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.93, 341.14, 341.19, 341.21,
341.23, 341.26, 753.02, 753.04, 753.16, 2152.20, 2301.56, 2929.18,
2929.19, 2929.21, 2947.14, 2947.19, 2949.111, 3924.53, and 5120.56
be amended and
sections 2929.35, 2929.36, 2929.37, 2929.38,
5120.57, and 5120.58
of the Revised Code be enacted to
read as
follows:
Sec. 307.93. (A) The boards of county commissioners of
two
or more adjacent counties may contract for the joint
establishment
of a multicounty correctional center, and the board
of county
commissioners of a county or the boards of two or more
counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal
correctional center. The center shall
augment county and, where
applicable, municipal jail programs and
facilities by providing
custody and rehabilitative programs for
those persons under the
charge of the sheriff of any of the
contracting counties or of the
officer or officers of the
contracting municipal corporation or
municipal corporations
having charge of persons incarcerated in
the municipal jail,
workhouse, or other correctional facility who,
in the opinion of
the sentencing court, need programs of custody
and rehabilitation
not available at the county or municipal jail
and by providing
custody and rehabilitative programs in accordance
with division
(C) of this section, if applicable. The contract
may include,
but need not be limited to, provisions regarding the
acquisition,
construction, maintenance, repair, termination of
operations, and
administration of the center. The contract shall
prescribe the
manner of funding of, and debt assumption for, the
center and the
standards and procedures to be followed in the
operation of the
center. Except as provided in division
(H) of
this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each
participating
county, or, if the court of common pleas of a
participating county
has only one judge, then that judge, the
chief of police of each
participating municipal corporation, the
mayor or city manager of
each participating municipal
corporation, and the presiding judge
or the sole judge of the
municipal court of each participating
municipal corporation. Any
of the foregoing officers may appoint
a designee to serve in the officer's
place on the corrections
commission. The standards and
procedures shall be formulated and
agreed to by the commission
and may be amended at any time during
the life of the contract by
agreement of the parties to the
contract upon the advice of the
commission. The standards and
procedures formulated by the
commission shall include, but need
not be limited to, designation
of the person in charge of the
center, the categories of
employees to be employed at the center,
the appointing authority
of the center, and the standards of
treatment and security to be
maintained at the center. The person
in charge of, and all
persons employed to work at, the center
shall have all the powers
of police officers that are necessary
for the proper
performance of the duties relating to their
positions at the center. (B) Each board of county commissioners that enters a
contract under division (A) of this section may appoint a
building
commission pursuant to section 153.21 of the Revised
Code. If any
commissions are appointed, they shall function
jointly in the
construction of a multicounty or
multicounty-municipal
correctional center with all the powers and
duties authorized by
law. (C) Prior to the acceptance for custody and rehabilitation
into
a center established under this section of any persons who
are designated by
the department of rehabilitation and correction,
who plead guilty to or are
convicted of a felony of the fourth or
fifth degree, and who satisfy the other
requirements listed in
section 5120.161 of the Revised Code, the corrections
commission
of a center established
under this section shall enter into an
agreement with the
department of rehabilitation and correction
under section
5120.161 of the Revised Code for the custody and
rehabilitation
in the center of persons who are designated by the
department,
who plead guilty to or are convicted of a felony of
the fourth or fifth
degree, and who satisfy the other requirements
listed in that section, in
exchange for a per diem fee per person.
Persons incarcerated in
the center pursuant to an agreement
entered into under this
division shall be subject to
supervision
and control in the manner described in section
5120.161 of the
Revised Code. This division does not affect the authority
of a
court to directly sentence a person who is convicted of or pleads
guilty
to a felony to the center in accordance with section
2929.16 of the Revised
Code. (D)(1) Each
Pursuant to section 2929.37 of the Revised Code,
each board of county commissioners and the legislative
authority
of each municipal corporation that enters into a
contract under
division (A) of this section may require a person
who was
convicted of an offense,
who is under the charge of the sheriff of
their county or of the
officer or officers of the contracting
municipal corporation or
municipal corporations having charge of
persons incarcerated in
the municipal jail, workhouse, or other
correctional facility,
and who is confined in the multicounty,
municipal-county,
or multicounty-municipal correctional center as
provided in that division, to
reimburse
the applicable county or
municipal corporation for its expenses
incurred by reason of the
person's confinement in the center.
The expenses of
confinement
include, but are not limited to, the
expenses relating to the
provision of food, clothing,
shelter, medical care, personal
hygiene products, including, but not
limited to, toothpaste,
toothbrushes, and feminine hygiene items, and up to
two hours of
overtime costs the sheriff or municipal corporation incurred
relating to the trial of the
person. The amount of reimbursement
may be the actual cost of the
person's
confinement plus the
authorized trial overtime costs or a lesser amount
determined by
the board of county commissioners
of the county or the legislative
authority of the municipal corporation,
provided that the lesser
amount shall be determined by a formula that is
uniformly applied
to persons incarcerated in the center. The amount
of
reimbursement shall be determined by a
court at a hearing held
pursuant to section 2929.18 of the Revised Code if
the person is
confined for a felony or section 2929.223 of the
Revised Code if
the person is confined for a
misdemeanor. The
amount or amounts
paid in
reimbursement by a person confined for a misdemeanor or
the amount recovered from a person confined for a
misdemeanor by
executing upon the judgment obtained pursuant to section
2929.223
of the Revised Code shall be paid into the treasury of the county
or
municipal corporation that incurred the expenses. If a person
is confined for a felony and the court
imposes a sanction under
section 2929.18 of the Revised Code
that requires the person to
reimburse the costs of
confinement, the
prosecuting attorney of
the county or the director of law of the municipal
corporation
shall bring an action to recover the expenses
of the confinement
in accordance with section 2929.18 of the Revised Code. (2) Each board of county commissioners and the legislative
authority of
each municipal corporation that enters into a
contract under division
(A) of this section may adopt a resolution
or
ordinance specifying that a person who was convicted of a
felony, who is under
the charge of the sheriff of their county or
of an officer of one of the
contracting municipal corporations
having charge of
persons incarcerated in the municipal jail,
workhouse, or other facility, and
who is confined in the
multicounty, municipal-county, or
multicounty-municipal
correctional center as provided in that division is not
required
to reimburse the applicable county
or municipal corporation for
its expenses incurred by reason of the person's
confinement in the
center, including the expenses listed in division
(D)(1) of this
section. If the boards and
legislative authorities adopt a
resolution or ordinance
of that nature, the boards and legislative
authorities shall provide a copy to
the courts of common pleas of
their counties, and the court that sentences a
person convicted of
a felony shall not impose a sanction under section 2929.18
of the
Revised Code that requires the person to reimburse the costs of
the
confinement.
(E) In lieu of requiring offenders to reimburse the county
for expenses
incurred by reason of the person's confinement under
division (D) of this
section, each board of county commissioners
and the legislative
authority of
each municipal corporation that
enters into a
contract under division (A) of
this section may
jointly adopt a
prisoner reimbursement policy for the center
pursuant to this
section to be administered
by the person
appointed under
division
(A) of this section
to be
in charge of
the center. The person in
charge may appoint a
reimbursement
coordinator to administer the center's
prisoner
reimbursement
policy.
A prisoner reimbursement policy adopted
under
this
division is a policy that requires a person confined to
the center
to
reimburse the applicable political subdivisions for
any
expenses incurred by
reason of the person's confinement in the
center, which expenses may include,
but are not limited to, the
following:
(1) A per diem fee for room and board of not more than sixty
dollars per day
or the actual per diem cost, whichever is less,
for the entire period of time
the person is confined to the
center;
(2) Actual charges for medical and dental treatment, and the
fee for a random drug test assessed under division (E) of section
341.26 of the Revised Code;
(3) Reimbursement for government property damaged by the
person while
confined to the center.
Rates charged shall be on a sliding scale determined by the
corrections
commission based on the ability of the person confined
to the center to pay
and on consideration of any legal obligation
of the person to support a
spouse, minor children, or other
dependents and any moral obligation to
support dependents to whom
the person is providing or has in fact provided
support.
The reimbursement coordinator or another person designated by
the person in
charge may investigate the financial status of the
confined person and obtain
information necessary to investigate
that status, by means that may include
contacting employers and
reviewing income tax records. The coordinator may
work with the
confined person to create a repayment plan to be implemented
upon
the person's release. At the end of that person's incarceration,
the
person shall be presented with a billing statement.
The reimbursement coordinator or another person designated by
the person in
charge of the center may collect, or the corrections
commission may enter into
a contract with one or more public
agencies or private vendors to collect, any
amounts remaining
unpaid. Within twelve months after the date of the confined
person's release, the prosecuting
attorney, city director of law,
or village solicitor of a participating
political subdivision may
file a civil action to seek reimbursement from that
person for any
billing amount that remains unpaid. The participating
political
subdivisions shall not enforce any judgment obtained under this
section by means of execution against the person's homestead. For
purposes of
this section, "homestead" has the same meaning as in
division (A) of section
323.151 of the Revised Code. Any
reimbursement received under this section
shall be credited to the
general fund of the political subdivision that bore
the expense,
to be used for general fund purposes.
(F)(1)(E) Notwithstanding any contrary provision in this
section or
section 2929.18
or 2929.223, 2929.21, 2929.36, or
2929.37 of
the Revised Code, the corrections commission of
a
center may
establish a policy
that complies with section 2929.38
of the Revised Code and that requires any person who is not
indigent
and who is confined in the multicounty, municipal-county,
or
multicounty-municipal correctional center to pay a
reasonable
reception fee, a fee
for
any
medical treatment or service
requested by and provided to
that
person, or
to
pay the fee for a
random drug test assessed
under
division (E) of
section 341.26 of
the Revised Code.
The
fee
for
the medical treatment or service
shall not exceed the actual
cost
of the treatment or service
provided. No
person confined to
a
multicounty, municipal-county,
or multicounty-municipal
correctional center who is indigent shall
be required to pay those
fees, and
no person who is confined to a
correctional center of
that type shall be
denied any necessary
medical care because of
inability to pay those fees.
Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of
the
required fee may be automatically deducted from a person's account
record
in the center's business office. If the person has no
funds in the person's
account, a deduction may be made at a later
date during the person's
confinement in the center if funds later
become available in the person's
account. If the person is
released from the center and has an unpaid balance
of these fees,
the corrections commission may bill the person for payment of
the
remaining unpaid fees. Fees received for medical treatment or
services
shall be paid into the commissary fund, if one has been
created for the
center, or if no such fund exists, into the
treasuries of the political
subdivisions that incurred the
expenses of those treatments and services, in
the same proportion
as those expenses were borne by those political
subdivisions.
(2) If a person confined to a multicounty, municipal-county,
or
multicounty-municipal correctional center is required under
division (D) or
(E) of this section or section 2929.18 or 2929.223
of the Revised Code to reimburse a county or municipal corporation
for
expenses incurred by reason of the person's confinement to the
center, any
fees paid by the person under division (F)(1) of this
section shall be
deducted from the expenses required to be
reimbursed under division (D) or (E)
of this section or section
2929.18 or 2929.223
of the Revised Code.
(G)(F)(1) The corrections commission of a center
established
under this section may establish a commissary for the
center. The
commissary may be established either in-house or by
another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A
person's purchases from the commissary shall be
deducted from the
person's account record in the center's
business office. The
commissary shall provide for the
distribution to indigent persons
incarcerated in the center of
necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve
shall be considered profits. All profits from the
commissary fund
shall be used to purchase supplies and equipment
for the benefit
of persons incarcerated in the center. The
corrections commission
shall adopt rules and regulations for the
operation of any
commissary fund it establishes. (H)(G) In lieu of forming a corrections commission to
administer a
multicounty correctional center or a municipal-county
or
multicounty-municipal correctional center, the boards of county
commissioners
and the legislative authorities of the municipal
corporations contracting to
establish the center may also agree to
contract for the private operation and
management of the center as
provided in section 9.06 of the Revised Code, but
only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and
legislative authorities establishing the center shall approve
and be
parties to the contract.
(I)(H) If a person who is convicted of or pleads guilty to
an
offense is
sentenced to a term in a multicounty correctional
center or a municipal-county
or multicounty-municipal correctional
center or is incarcerated in the center
in the manner described in
division (C) of this section, or if a
person who is arrested for
an offense, and who has been denied bail or has had
bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at
other times the
officer, officers, or other person in charge of
the operation of the center
determines to be appropriate, the
officer, officers, or other person in charge
of the operation of
the center may cause the convicted or accused offender to
be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the
operation of the center may cause a convicted or
accused offender in the
center who refuses to be tested or treated
for tuberculosis, HIV
infection, hepatitis, including but not
limited to hepatitis A, B, and C,
or another contagious disease to
be tested and treated
involuntarily.
(J)(I) As used in this section, "multicounty-municipal"
means
more than one county and a municipal corporation, or more
than
one
municipal corporation and a county, or more than one
municipal
corporation and more than one county.
Sec. 341.14. (A) The sheriff of an adjoining county shall
not receive prisoners as provided by section 341.12 of the
Revised
Code unless there is deposited weekly with
the sheriff an amount
equal to the actual cost of keeping and feeding each
prisoner so
committed for the use of the jail of that county, and the same
amount for a period of time less than one week. If a prisoner is
discharged before the expiration of the term for which the
prisoner was
committed, the excess of the amount advanced shall be
refunded. (B)(1) The
Pursuant to section 2929.37 of the Revised Code,
the board of county commissioners of the county that
receives
pursuant to section 341.12 of the Revised Code for
confinement in
its jail, a prisoner who was convicted of an
offense, may require
the prisoner
to reimburse the county for its expenses incurred by
reason of
the prisoner's confinement, including, but not limited
to,
the expenses relating to the provision of food, clothing,
shelter,
medical care, person hygiene products, including, but not
limited to,
toothpaste, toothbrushes, and feminine hygiene items,
and up to two hours of
overtime costs the sheriff or municipal
corporation incurred relating to the
trial of the person. The
amount of reimbursement may be the actual cost of the prisoner's
confinement
plus the authorized trial overtime costs or a lesser
amount determined by the
board of county commissioners of the
county, provided that the lesser amount shall be determined by a
formula that
is uniformly applied to persons incarcerated in the
jail. The
amount of reimbursement shall be determined by a court
at a
hearing held pursuant to section 2929.18 of the Revised Code
if the prisoner
is confined for a felony or section 2929.223 of
the Revised Code if the
prisoner is confined for a misdemeanor.
The amount or amounts paid in
reimbursement by a prisoner confined
for a misdemeanor or the amount
recovered from a prisoner confined
for a misdemeanor by executing upon the
judgment obtained pursuant
to section
2929.223 of the Revised Code shall be paid into the
county
treasury. If a prisoner is confined for a felony and the
court
imposes a sanction under section 2929.18 of the Revised Code
that requires the
prisoner to reimburse the costs of confinement,
the prosecuting attorney shall
bring an action to recover the
expenses of confinement
in accordance with section 2929.18 of the
Revised Code. (2) The board of county commissioners of the county that
receives, pursuant to section 341.12 of the Revised Code for
confinement in
its jail a prisoner who was convicted of a felony
may adopt a resolution
specifying that prisoners convicted of
felonies are not required to reimburse
the county for its expenses
incurred by reason of the prisoner's confinement,
including the
expenses listed in division (B)(1) of this section. If the
board
adopts a resolution of that nature, the board shall provide a copy
to
the court of common pleas of the county, and the court that
sentences a person
convicted of a felony shall not impose a
sanction under section 2929.18 of the
Revised Code that requires
the person to reimburse the costs of the
confinement.
(C)
Divisions (A) and (B) of section 341.06
of the Revised
Code apply regarding a prisoner confined in a jail as described
in
division (B) of this section.
Notwithstanding any contrary
provision in this section
or section 2929.18, 2929.21, 2929.36, or
2929.37 of the Revised
Code, the board of county commissioners may
establish a policy that complies with section 2929.38 of the
Revised Code and
that requires any prisoner who is not indigent
and who is confined
in the county's jail under this section to pay
a
reception fee, a fee
for medical treatment or service
requested by and provided to
that
prisoner, or the fee for a
random drug test assessed
under
division (E) of section 341.26 of
the Revised Code. (D)
If a county receives pursuant to section 341.12 of the
Revised Code for confinement in its jail a person who has
been
convicted of or pleaded guilty to an offense and has been
sentenced to a
term in a jail or a person who has been arrested
for an offense, who has been
denied bail or has had bail set and
has not been released on bail, and who is
confined in jail pending
trial, at the time of reception and at other times
the
sheriff or
other person in charge of the operation of the jail determines to
be appropriate, the sheriff or other person in charge of the
operation of the
jail may cause the convicted or accused offender
to be examined and tested for
tuberculosis, HIV infection,
hepatitis, including but not limited
to hepatitis A, B, and C, and
other contagious
diseases. The
sheriff or other person in charge
of the operation of the jail may cause a
convicted or accused
offender in the jail who refuses to be tested or treated
for
tuberculosis, HIV infection, hepatitis, including but not
limited
to hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 341.19. (A)(1) The
Pursuant to section 2929.37 of the
Revised Code, the board of county commissioners may require
a
person who was convicted of an offense and who is confined in the
county
jail to reimburse the county for its expenses incurred by
reason of the
person's confinement, including, but not limited to,
the expenses relating to
the provision of food, clothing, shelter,
medical care, personal hygiene
products, including, but not
limited to, toothpaste,
toothbrushes, and feminine hygiene items,
and up to two hours of overtime
costs the sheriff or municipal
corporation incurred relating to the trial of
the person. The
amount of reimbursement may be the actual cost of the
prisoner's
confinement plus the
authorized trial overtime costs or a lesser
amount determined by the board of county commissioners of the
county, provided
that the lesser amount shall be determined by a
formula that is uniformly
applied to persons incarcerated in the
jail. The amount of
reimbursement shall be determined by a court
at a hearing held
pursuant to section 2929.18 of the Revised Code
if the
person is confined for a felony or section 2929.223 of the
Revised Code
if the person is confined for a misdemeanor. The
amount or amounts paid in
reimbursement
by a person confined for a
misdemeanor or the amount
recovered from a person confined for a
misdemeanor by
executing upon the judgment obtained pursuant to
section 2929.223 of the Revised Code shall be paid into the
county
treasury. If a person is confined for a felony
and the court
imposes a sanction under section 2929.18 of the Revised Code
that
requires the person to reimburse the costs of
confinement, the
prosecuting attorney shall bring an action to recover the
expenses
of confinement in accordance with section 2929.18 of the Revised
Code. (2) The board of county commissioners
may adopt a resolution
specifying that a person who is convicted of a felony
and who is
confined in the county jail is not required to reimburse the
county
for its expenses incurred by reason of the person's
confinement, including the
expenses listed in division (A)(1) of
this
section. If the board adopts a resolution of that nature,
the board shall
provide a copy to the court of common pleas of the
county, and the court that
sentences a person convicted of a
felony shall not impose a sanction under
section 2929.18 of the
Revised Code that requires the person to reimburse the
costs of
the confinement.
(B)
Divisions (A) and (B) of section 341.06
of the Revised
Code apply regarding a prisoner confined in a jail as described
in
division (A) of this section.
Notwithstanding any contrary
provision in this section
or section 2929.18, 2929.21, 2929.36, or
2929.37 of the Revised
Code, the board of county commissioners
may
establish a policy that complies with section 2929.38 of the
Revised Code and
that requires any prisoner who is not indigent
and who is confined
in the county's jail under this section to pay
a reception fee, a fee
for any
medical treatment or service
requested by
and provided to
that
prisoner, or the fee for a
random drug
test assessed
under
division (E) of section 341.26 of
the Revised
Code. (C) If a person who is convicted of or pleads guilty to an
offense is sentenced to a term in a jail, or if a person who has
been arrested
for an offense, and who has been denied bail or has
had bail set and has not
been released on bail is confined in jail
pending trial,
at the time of reception and at other times
the
sheriff or other person in charge of the operation of the jail
determines to
be appropriate, the sheriff or other person in
charge of the operation of the
jail may cause the convicted or
accused offender to be examined and tested for
tuberculosis, HIV
infection, hepatitis, including but not limited
to hepatitis A, B,
and C, and other contagious
diseases. The
sheriff or other person
in charge of the operation of the jail may cause a
convicted or
accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily.
Sec. 341.21. (A) The board of county commissioners may
direct the sheriff to receive into custody prisoners charged
with
or convicted of crime by the United States, and to keep
those
prisoners until discharged. The board of the county in which prisoners charged with or
convicted of crime by the United States may be so committed may
negotiate and
conclude any contracts with the United States for
the use of the jail as
provided by this section and as the board
sees fit. A prisoner so committed shall be supported at the expense
of
the United States during the prisoner's confinement in
the county
jail.
No greater compensation shall be charged by a sheriff for
the
subsistence of that type of prisoner than is provided by
section 311.20 of the Revised Code to be charged for the
subsistence of state
prisoners. A sheriff or jailer who neglects or refuses to perform the
services and duties directed by the board by reason of this
division, shall be liable to the same penalties, forfeitures, and
actions as if the prisoner had been committed under the
authority
of this state. (B) Prior to the acceptance for housing into the county jail
of
persons who are designated by the department of rehabilitation
and correction,
who plead guilty to or are convicted of a felony
of the fourth or fifth
degree, and who satisfy the other
requirements listed in section 5120.161
of the Revised Code, the
board of county commissioners shall enter into
an agreement with
the department of rehabilitation and correction
under section
5120.161 of the Revised Code for the housing in the
county jail of
persons designated by the department who plead
guilty to or are
convicted of a felony of the fourth or fifth degree and who
satisfy the other requirements listed in that section in
exchange
for a per diem fee per person. Persons incarcerated in
the county
jail pursuant to an agreement entered into under
this division
shall be
subject to supervision and control in the manner
described in
section 5120.161 of the Revised Code. This division
does not affect the
authority of a court to directly sentence a
person who is convicted of or
pleads guilty to a felony to the
county jail in accordance with section
2929.16 of the Revised
Code. (C)(1) Notwithstanding any contrary provision in
section
2929.18, 2929.21, 2929.36, or 2929.37 or in any other section of
the Revised
Code, the board
of county commissioners may establish
a policy
that complies with section 2929.38 of the Revised Code
and
that requires any person who is
not indigent and who is
confined
in the jail under division (B) of this
section to pay a
reasonable
reception fee, a
fee
for any medical treatment or
service requested
by and provided
to
that person, or
to pay the
fee for a random drug test
assessed
under division (E) of section
341.26 of the Revised Code.
The
fee
for the medical treatment or
service shall not exceed
the actual
cost of the treatment or
service requested by and provided to that
person. No
person
confined to the jail who is indigent shall be
required to pay
those
fees, and no person confined to the jail
shall be denied any
necessary medical
care because of inability to
pay those fees. Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of
the
required fee may be automatically deducted from a person's account
record
in the jail's business office. If the person has no funds
in the person's
account, a deduction may be made at a later date
during the person's
confinement in the jail if funds later become
available in the person's
account. If the person is released from
the jail and has an unpaid balance of
these fees, the board of
county commissioners may bill the person for payment
of the
remaining unpaid fees. Fees received for medical treatment or
services
shall be paid into the commissary fund, if one has been
established for the
jail or if no such fund exists, into the
county treasury.
(2) If a person confined to the jail is required under
section
341.06
,
2929.18, or 2929.223 of the Revised
Code to
reimburse the county for expenses
incurred by reason of
the
person's confinement to the jail, any fees paid by
the person
under division (C)(1) of this section shall be deducted from the
expenses required to be reimbursed under
section 341.06,
2929.18,
or 2929.223 of the
Revised Code.
(D) If a sheriff receives into custody a prisoner convicted
of
crime by the United States as described in division
(A) of this
section, if a person who has been convicted of or pleaded
guilty
to an offense is incarcerated in the jail in the manner described
in
division (B) of this section, if a sheriff receives into
custody a
prisoner charged with a crime by the United States and
the
prisoner has had bail denied or has had bail set, has not been
released on
bail, and is confined in jail pending trial, or if a
person who has been
arrested for an offense, and who has been
denied bail or has had bail set and
has not been released on bail
is confined in jail pending trial,
at the time of reception and at
other times the
sheriff or other person in charge of the operation
of the jail determines to
be appropriate, the sheriff or other
person in charge of the operation of the
jail may cause the
convicted or accused offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including, but not
limited
to, hepatitis A, B, and C, and other contagious
diseases. The
sheriff or other person in charge of the operation of the jail may
cause a
convicted or accused offender in the jail who refuses to
be tested or treated
for tuberculosis, HIV infection, hepatitis,
including, but not
limited to, hepatitis A, B, and C, or another
contagious disease to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any
county or the legislative authority of any municipal corporation
in which there is no workhouse may agree with the legislative
authority of any municipal corporation or other authority having
control of the workhouse of any other city, or with the directors
of any district of a joint city and county workhouse or county
workhouse, upon terms on which persons convicted of a misdemeanor
by any court or magistrate of a county or municipal corporation
having no workhouse, may be received into that workhouse,
under
sentence of the court or magistrate. The board or
legislative
authority may pay the expenses incurred under the agreement out
of
the general fund of that county or municipal
corporation, upon the
certificate of the proper officer of the workhouse. (B) The sheriff or other officer transporting any person
to
the workhouse described in division (A) of
this section
shall
receive six cents per mile for the
sheriff or officer, going and
returning, five cents per mile for transporting
the convict, and
five cents per mile, going and coming, for the
service of each
deputy, to be allowed as in cases in which a
person is transported
to a state correctional institution. The
number of miles shall be
computed by the usual routes of travel
and, in state cases, shall
be paid out of the general fund of the
county, on the allowance of
the board, and for the violation of
the ordinances of any
municipal corporation, shall be paid by
that municipal corporation
on the order of its legislative
authority. (C)(1) The
Pursuant to section 2929.37 of the Revised Code,
the board of county commissioners, the directors of
the district
of a joint city and county workhouse or county
workhouse, or the
legislative authority of the municipal
corporation may require a
person who was convicted of an offense
and who is confined in a
workhouse
as provided in division (A) of this section, to
reimburse the
county, district, or municipal corporation, as the
case may be,
for its expenses incurred by reason of the person's
confinement,
including, but not limited to, the expenses relating
to the
provision of food, clothing, shelter, medical care,
personal hygiene products, including, but not limited to,
toothpaste,
toothbrushes, and feminine hygiene items, and up to
two hours of overtime
costs the sheriff or municipal corporation
incurred relating to the trial of
the person. The amount of
reimbursement may be the actual cost of the person's
confinement
plus the
authorized trial overtime costs or a lesser
amount
determined by the board of county commissioners of the county, the
directors of the district of the joint city or county workhouse,
or the
legislative authority of the municipal corporation,
provided that the lesser
amount shall be determined by a formula
that is uniformly applied to persons
incarcerated in the
workhouse. The amount of reimbursement shall be
determined by a
court at a hearing held pursuant to section 2929.18 of the
Revised
Code if the person is confined for a felony or section 2929.223 of
the
Revised Code if the person is confined for a misdemeanor. The
amount or
amounts paid in reimbursement by a person confined for a
misdemeanor or
the amount recovered from a person confined for a
misdemeanor by
executing upon the judgment obtained pursuant to
section 2929.223 of the
Revised Code shall be paid into the
treasury of the county, district, or
municipal corporation that
incurred the expenses. If a person is confined
for a felony and
the court imposes a sanction under section 2929.18 of the
Revised
Code that requires the person to reimburse the costs of
confinement,
the prosecuting attorney or the municipal chief legal
officer shall bring an
action to recover the expenses of
confinement, in accordance
with
section 2929.18 of the Revised
Code. (2) The board of county commissioners, the directors of the
district of a joint city and county workhouse or county workhouse,
or the
legislative authority of the municipal corporation may
adopt a resolution or
ordinance specifying that a person who is
convicted of a felony and who is
confined in a workhouse as
provided in division
(A) of this section is not required to
reimburse the county, district, or municipal corporation, as the
case may be,
for its expenses incurred by reason of the person's
confinement, including the
expenses listed in division (C)(1) of
this
section. If the board, directors, or legislative authority
adopts a
resolution or ordinance of that nature, the board,
directors, or legislative
authority shall provide a copy to the
court of common pleas of the county, and
the court that sentences
a person convicted of a felony shall not impose a
sanction under
section 2929.18 of the Revised Code that requires the person to
reimburse the costs of the confinement.
(D) In lieu of requiring offenders to reimburse the
political subdivision for
expenses incurred by reason of the
person's confinement under division (C) of
this section, the board
of county
commissioners, the directors of the district
of joint
city and
county workhouse or county workhouse, or the legislative
authority
of the municipal corporation having control of the
workhouse may
adopt a prisoner reimbursement policy for the
workhouse under
this
division.
The board,
directors, or authority
may appoint a
reimbursement coordinator to
administer the prisoner
reimbursement policy.
A prisoner
reimbursement policy adopted
under this
division is a policy that
requires a person confined to
the workhouse to
reimburse the
political subdivision responsible
for paying prisoner expenses
for
any expenses it incurs by reason
of the person's confinement in
the
workhouse, which expenses may
include, but are not limited to,
the following:
(1) A per diem fee for room and board of not more than sixty
dollars per day
or the actual per diem cost, whichever is less,
for the entire period of time
the person is confined to the
workhouse;
(2) Actual charges for medical and dental treatment, and the
fee for a random drug test assessed under division (E) of section
341.26 of the Revised Code;
(3) Reimbursement for government property damaged by the
person while
confined to the workhouse.
Rates charged shall be on a sliding scale determined by the
board of county
commissioners, the directors of the district of
joint city and county
workhouse or county workhouse, or the
legislative authority of the municipal
corporation having control
of the workhouse, based on the ability of the
person confined to
the workhouse to pay and on consideration of any legal
obligation
of the person to support a spouse, minor children, or other
dependents and any moral obligation to support dependents to whom
the person
is providing or has in fact provided support.
The reimbursement coordinator or another person designated by
the
administrator of the workhouse may investigate the financial
status of the
person and obtain information necessary to
investigate that status, by means
that may include contacting
employers and reviewing income tax records. The
coordinator may
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the person's
incarceration, the person shall be presented with a billing
statement.
The reimbursement coordinator or another appointed person may
collect, or the
board of county commissioners, the directors of
the district of joint city and
county workhouse or county
workhouse, or the legislative authority of the
municipal
corporation having control of the workhouse may enter into a
contract with one or more public agencies or private vendors to
collect, any
amounts remaining unpaid. Within twelve months after
the date of the confined
person's release, the prosecuting
attorney, city director of law, village
solicitor, or attorney for
the district may file a civil action to seek
reimbursement from
that person for any billing amount that remains unpaid.
The
political subdivision shall not enforce any judgment obtained
under this
section by means of execution against the person's
homestead. For purposes of
this section, "homestead" has the same
meaning as in division (A) of section
323.151 of the Revised Code.
Any reimbursement received under this section
shall be credited to
the general fund of the political subdivision that bore
the
expense, to be used for general fund purposes.
(E)(1)(D) Notwithstanding any contrary provision in this
section or section
2929.18
or 2929.223, 2929.21, 2929.36, or
2929.37 of
the Revised Code, the appropriate board of county
commissioners
and legislative authorities may include in their
agreement
entered
into under division (A) of this section a policy
that complies with section 2929.38 of the Revised Code and that
requires any
person who is not indigent and who is confined in the
county,
city, district,
or joint city and county workhouse under
this
section to pay a
reasonable
reception fee, a fee
for any
medical treatment or
service requested by and provided to that
person,
or
to pay the
fee
for a random drug test assessed under
division
(E) of section
341.26 of the Revised Code.
The fee for
the medical treatment or
service shall not exceed the actual cost
of the
treatment or
service
provided. No person confined to a
county, city, district,
or joint city and
county workhouse under
this section who is
indigent shall be required to pay
those fees,
and no person
confined to any workhouse of that type shall be
denied any
necessary medical care because of inability to pay
those fees.
Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of the
required fee may be automatically deducted from a person's account
record in
the workhouse's business office. If the person has no
funds in the person's
account, a deduction may be made at a later
date during the person's
confinement in the workhouse if funds
later become available in the person's
account. If the person is
released from the workhouse and has an unpaid
balance of these
fees, the appropriate board of county commissioners and
legislative authorities may bill the person for payment of the
remaining
unpaid fees in the same proportion as those expenses
were borne by the
political subdivision issuing the billing
statement. Fees received for
medical treatment or services shall
be paid into the commissary fund, if one
has been created for the
workhouse, or if no such fund exists, into the
treasuries of the
political subdivisions that incurred the expenses of those
treatments or services in the same proportion as those expenses
were borne by
these political subdivisions.
(2) If a person confined to a county, city, district, or
joint city and
county workhouse is required under division (C) or
(D) of this section or
section 2929.18 or 2929.223 of the Revised
Code to reimburse a county or
municipal corporation for expenses
incurred by reason of the person's
confinement to the workhouse,
any fees paid by the person under division
(E)(1) of this section
shall be deducted from the expenses required to be
reimbursed
under division (C) or (D) of this section or section 2929.18 or
2929.223 of the
Revised Code.
(F)(E) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in the workhouse as provided
in
division (A)
of this section,
at the time of reception and at
other times the
person in charge of the operation of the workhouse
determines
to
be appropriate, the person in charge of the
operation of the
workhouse may cause the convicted offender to be
examined and tested
for
tuberculosis, HIV infection, hepatitis,
including but not limited
to hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
workhouse may cause a
convicted offender in the workhouse who
refuses to be tested or
treated
for tuberculosis, HIV infection,
hepatitis, including but not
limited to hepatitis A, B, and C, or
another
contagious disease to
be tested and treated involuntarily.
Sec. 341.26. (A) As used in this section: (1) "Random
drug testing" has the same meaning as in section
5120.63 of the
Revised
Code. (2) "Prisoner" means a person confined in a jail or
multicounty
correctional center following a conviction of or plea
of guilty to a criminal
offense. (B) The board of county commissioners of the county, with
the
consent of the sheriff of the county, or the boards of county
commissioners of
two or more adjacent counties that have jointly
established a
multicounty correctional center pursuant to section
307.93 of
the Revised
Code, with the consent of the
sheriffs of
those adjacent counties, may enter into a contract with a
laboratory or entity to perform blood or urine specimen
collection, documentation, maintenance, transportation,
preservation, storage, and analyses and other duties required in
the performance of random drug testing of prisoners. The terms of
any
contract entered into under this division shall include a
requirement that the
laboratory or entity and its employees, the
sheriff, deputy sheriffs,
the corrections commission or the
administrator of the multicounty
correctional center specified in
division (D) of this section, the
employees of the jail and
multicounty correctional center, and all other
persons comply with
the
standards for the performance of random drug testing as
specified in rules adopted under division (C) of this section. (C) Prior to entering into a contract with a
laboratory or
entity under division
(B) of this section, a board of
county
commissioners or, in the case of a multicounty
correctional
center, the boards of county commissioners of the
counties that
have established the center shall adopt rules for
the random drug
testing of prisoners. The rules shall include,
but are not
limited to, provisions that do the following: (1) Require the laboratory or entity to seek,
obtain, and
maintain accreditation from the national institute on drug
abuse; (2) Establish standards for the performance of random drug
testing that include, but are not limited to, standards governing
the
following: (a) The collection by the laboratory or entity
of blood or
urine specimens of
individuals in a scientifically or medically
approved manner and
under reasonable and sanitary conditions; (b) The collection and testing by the laboratory or entity
of blood or urine
specimens with due regard for the privacy of the
individual
being tested and in a manner reasonably calculated to
prevent
substitutions or interference with the collection and
testing of
the specimens; (c) The documentation of blood or urine specimens
collected
by the laboratory or entity
and documentation procedures that
reasonably preclude
the possibility of erroneous identification of
test results and
that provide the individual being tested an
opportunity to
furnish information identifying any prescription or
nonprescription drugs used by the individual in connection with
a
medical condition; (d) The collection, maintenance, storage, and
transportation
by the laboratory or entity
of blood or urine specimens in a
manner that
reasonably precludes the possibility of contamination
or
adulteration of the specimens; (e) The testing by the laboratory or entity
of a blood or
urine specimen of an
individual to determine whether the
individual ingested or was
injected with a drug of abuse, in a
manner that conforms to
scientifically accepted analytical methods
and procedures and
that may include verification or confirmation
of any positive
test result by a reliable analytical method; (f) The analysis of an individual's blood or urine
specimen
by an employee of the laboratory or entity who
is qualified by
education, training, and experience to perform
that analysis and
whose regular duties include the analysis of
blood or urine
specimens to determine the presence of a drug of
abuse and whether
the individual who is the subject of the test
ingested or was
injected with a drug of abuse. (3) Specify the frequency of performing random drug
testing
on prisoners in the jail or multicounty correctional
center; (4) Prescribe procedures for the automatic, random
selection
of prisoners in the jail or multicounty correctional
center to
submit to random drug testing under this
section; (5) Provide for reasonable safeguards for transmitting the
results of the random drug testing of prisoners in the jail or
multicounty correctional center from the contracting laboratory or
entity to
the sheriff, the corrections commission, or the
administrator of the
multicounty correctional center pursuant to
division (E) of this
section; (6) Establish a reasonable fee to cover the costs
associated
with random drug testing and analysis performed by a
contracting
laboratory or entity under this section and
establish procedures
pursuant to division
(E) of this section for the
collection of
those fees from the prisoners subjected to the
drug tests. (D) If a board of county commissioners enters into a
contract pursuant to
division (B) of this section,
the sheriff of
that county, pursuant to the terms of the contract and the
rules
adopted under division (C) of
this section, shall facilitate the
collection, documentation,
maintenance, and transportation by the
contracting laboratory or
entity of the blood or urine specimens
of the prisoners who are
confined in the jail and who are subject
to random drug testing.
If the boards of county commissioners
that have jointly
established a multicounty correctional center
enter into a
contract pursuant to division (B) of this section,
the corrections
commission or the administrator of the multicounty
correctional
center, pursuant to the terms of the contract and the
rules adopted under division
(C) of this section, shall
facilitate
the collection, documentation, maintenance, and
transportation by
the contracting laboratory or entity of the
blood or urine
specimens of the prisoners who are confined in
the multicounty
correctional center and who are subject to
random drug testing. (E) If a county or two or more adjacent counties enter into
a
contract pursuant to division (B) of this section
and the
contracting laboratory or entity performs the random
drug testing
as provided in the contract, the laboratory or
entity shall
transmit the results of the drug tests to the sheriff,
corrections
commission, or administrator
who facilitated the collection,
documentation, maintenance, and transportation
of blood or urine
specimens under division
(D) of this section. The
sheriff,
corrections commission, or administrator shall file for record the
results of the random drug tests
that indicate whether or not each
prisoner who is confined in the jail
or multicounty correctional
center and who was
subjected to the drug test ingested or was
injected with a drug
of abuse. The sheriff, corrections
commission, or administrator shall give
appropriate notice of the
drug test results to each prisoner
who was subjected to the drug
test and
whose drug test results indicate that the prisoner
ingested or was injected with a drug of abuse. The
sheriff,
corrections commission, or administrator shall afford that
prisoner
an opportunity to be heard regarding the
results of the
drug test and to present contrary evidence at a hearing held
before the sheriff, corrections commission, or administrator
within thirty
days after notification of the prisoner under this
division. After the hearing, if a hearing is held, the
sheriff,
corrections commission, or administrator shall make a
determination
regarding any evidence
presented by the prisoner.
If
the
sheriff, corrections commission, or administrator rejects
the
evidence
presented by the prisoner at the hearing or if no
hearing
is held under this division, the sheriff, corrections
commission,
or
administrator may assess a
reasonable fee,
determined pursuant
to division (C) of this
section, for the costs
associated with the
random drug test to be paid by the
prisoner
whose drug test
results indicate that the prisoner ingested or was
injected with a
drug of abuse. The sheriff, corrections
commission, or
administrator may collect the fee pursuant to
section 307.93,
341.06
341.14, 341.19, 341.21,
or 341.23 of the
Revised
Code.
Sec. 753.02. (A) The legislative authority of a municipal
corporation shall provide by ordinance for sustaining all persons
sentenced to or confined in a prison or station house at the
expense of the municipal corporation, and in counties where
prisons or station houses are in quarters leased from the board
of
county commissioners, may contract with the board for the care
and
maintenance of those persons by the sheriff or other
person
charged with the care and maintenance of county prisoners. On
the
presentation of bills for food, sustenance, and necessary
supplies, to the proper officer, certified by the person
whom the
legislative authority designates, the officer shall
audit the
bills under the rules prescribed by the legislative authority,
and
draw the officer's order on the treasurer of the municipal
corporation in favor of the person presenting the bill. (B)(1) The
Pursuant to section 2929.37 of the Revised Code,
the legislative authority of the municipal corporation
may require
a person who was convicted of an offense and who is confined in a
prison or station house as provided in division (A) of this
section, or a
person who was convicted of an offense
and who is
confined in the county jail as provided in section
1905.35 of the
Revised Code, to reimburse the municipal
corporation for its
expenses incurred by reason of the person's
confinement,
including, but not limited to, the expenses relating
to the
provision of food, clothing, shelter, medical
care, personal
hygiene products, including, but not
limited to, toothpaste,
toothbrushes, and feminine hygiene items,
and up to two hours of
overtime costs the sheriff or municipal corporation
incurred
relating to the trial of the person. The amount of reimbursement
may be the actual cost of the prisoner's confinement plus the
authorized trial
overtime costs or a lesser
amount determined by
the legislative authority of the municipal
corporation, provided
that the lesser amount shall be determined
by a formula that is
uniformly applied to persons incarcerated in
the prison, station
house, or county jail. The amount of reimbursement shall
be
determined by a court at a hearing held pursuant to section
2929.18 of the
Revised Code if the person is confined for a
felony
or section 2929.223 of the Revised Code if the
person is confined
for a misdemeanor. The
amount or amounts paid in reimbursement by
a person
confined for a misdemeanor or the amount recovered from a
person confined for a misdemeanor by executing upon the judgment
obtained pursuant to section 2929.223 of the Revised Code shall be
paid into
the treasury of the municipal corporation. If a person
is
confined for a felony and the court imposes a sanction under
section 2929.18
of the Revised Code that requires the person to
reimburse
the costs of confinement, the village solicitor, city
director of law, or
other chief legal officer shall bring an
action to recover the expenses of
confinement in accordance with
section 2929.18 of the
Revised Code. (2) The legislative authority of the municipal corporation
may
adopt an ordinance specifying that a person who is convicted
of a felony and
who is confined in a prison or station house as
provided in division
(A) of this section is not required to
reimburse the municipal corporation for its expenses incurred by
reason of the
person's confinement, including the expenses listed
in division
(B)(1) of this section. If the legislative
authority
adopts an ordinance of that nature, the legislative authority
shall
provide a copy to the court of common pleas of the county,
and the court that
sentences a person convicted of a felony shall
not impose a sanction under
section 2929.18 of the Revised Code
that requires the person to reimburse the
costs of the
confinement.
(C)
In lieu of requiring offenders to reimburse the
municipal
corporation for
expenses incurred by reason of the
person's
confinement under division (B) of
this section, the legislative
authority of
the municipal corporation may adopt
a prisoner
reimbursement
policy for the prison or station house under
this
division. The prison or station house
administrator may appoint a
reimbursement coordinator to
administer the prisoner reimbursement
policy.
A
prisoner
reimbursement policy adopted under this
division is a policy that
requires a person confined to the prison
or station house to
reimburse the
municipal corporation for any
expenses it incurs by
reason of the person's
confinement in the
prison or station house,
which expenses may include, but
are not
limited to, the following: (1) A per diem fee for room and board of not more than sixty
dollars per day
or the actual per diem cost, whichever is less,
for the entire period of time
the person is confined to the prison
or station house;
(2) Actual charges for medical and dental treatment, and the
fee for a random drug test assessed under division (E) of section
753.33 of the Revised Code;
(3) Reimbursement for municipal property damaged by the
person while confined
to the prison or station house.
Rates charged shall be on a sliding scale determined by the
legislative
authority of the municipal corporation, based on the
ability of the person
confined to the prison or station house to
pay and on consideration of any
legal obligation of the person to
support a spouse, minor children, or other
dependents and any
moral obligation to support dependents to whom the person
is
providing or has in fact provided support.
The reimbursement coordinator or another appointed person may
investigate the
financial status of the confined person and obtain
information necessary to
investigate that status, by means that
may include contacting employers and
reviewing income tax records.
The coordinator may work with the confined
person to create a
repayment plan to be implemented upon the person's release.
At
the end of the person's incarceration, the person shall be
presented with
a billing statement.
The reimbursement coordinator or another appointed person may
collect, or the
legislative authority of the municipal corporation
may enter into a contract
with one or more public agencies or
private vendors to collect, any amounts
remaining unpaid. Within
twelve months after the date of the confined
person's release, the
city director of law, village solicitor, or other
attorney for the
municipal corporation may file a civil action to seek
reimbursement from that person for any billing amount that remains
unpaid.
The municipal corporation shall not enforce any judgment
obtained under this
section by means of execution against the
person's homestead. For purposes of
this section, "homestead" has
the same meaning as in division (A) of section
323.151 of the
Revised Code. Any reimbursement received under this section
shall
be credited to the general fund of the municipal corporation that
bore
the expense, to be used for general fund purposes.
(D)(1) Notwithstanding any contrary provision in this
section or section
2929.18
or
2929.223, 2929.21, 2929.36, or
2929.37 of
the Revised Code, the legislative authority of the
municipal
corporation may establish a policy
that complies with
section 2929.38 of the Revised Code and that requires any person
who is
not indigent and who is confined in a prison or station
house to
pay a
reasonable
reception fee, a fee for any
medical
treatment or service
requested by and
provided to that
person, or
to pay the fee for a
random drug test assessed
under
division (E)
of section 753.33 of
the Revised Code.
The fee for
the medical
treatment or service
shall not
exceed the actual cost
of the
treatment or service
provided. No person confined to a
prison or
station
house who is
indigent shall be required to pay
those fees,
and no person
confined to a prison or station house
shall be
denied any
necessary medical
care because of inability to
pay
those fees.
Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of the
required fee may be automatically deducted from a person's account
record in
the prison or station house's business office. If the
person has no funds in
the person's account, a deduction may be
made at a later date during the
person's confinement in the prison
or station house if funds later become
available in the person's
account. If the person is released from the prison
or station
house and has an unpaid balance of these fees, the legislative
authority may bill the person for payment of the remaining unpaid
fees. Fees
received for medical treatment or services shall be
paid into the commissary
fund, if one has been created for the
prison or station house, or if no such
fund exists, into the
municipal treasury.
(2) If a person confined to a prison or station house is
required under
division (B) or (C) of this section or section
2929.18 or 2929.223 of the
Revised Code to reimburse the municipal
corporation for expenses incurred by
reason of the person's
confinement to the prison or station house, any fees
paid by the
person under division (D)(1) of this section shall be deducted
from the expenses required to be reimbursed under division (B) or
(C) of this
section or section 2929.18 or 2929.223 of the Revised
Code.
(E)(D) If a person who has been convicted of or pleaded
guilty
to an
offense is sentenced to a term of imprisonment in a
prison
or station house as
described in division (A) of this
section, or
if a person who has
been arrested for an offense, and
who has been
denied bail or has had bail set
and has not been
released on bail
is confined in a prison or station house as
described in division
(A) of this section pending trial,
at the
time of reception and at
other times
the
person in charge of the
operation of the prison or
station house determines to
be
appropriate, the person in charge
of the operation of the
prison
or station house may cause the
convicted or accused offender to be
examined and tested for
tuberculosis, HIV infection, hepatitis,
including, but not
limited
to, hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
prison or station house
may cause a
convicted or accused offender
in the prison or station
house who refuses to be
tested or treated
for tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, or another
contagious disease
to be tested and treated
involuntarily.
Sec. 753.04. (A) When a person over sixteen years of age
is
convicted of an offense under the law of this state or an
ordinance of a municipal corporation, and the tribunal before
which the conviction is had is authorized by law to commit the
offender to the county jail or municipal corporation prison, the
court, mayor, or judge of the county court, as the case may be,
may sentence the offender to a workhouse. When a commitment is made from a municipal corporation or
township in the county, other than in a municipal corporation
having a workhouse, the legislative authority of the municipal
corporation or the board of township trustees shall transmit with
the mittimus a sum of money equal to not less than seventy cents
per day for the time of the commitment, to be placed in the hands
of the superintendent of a workhouse for the care and maintenance
of the prisoner. (B)(1) The
Pursuant to section 2929.37 of the Revised Code,
the legislative authority of the municipal corporation
or the
board of township trustees may require a person who is
convicted
of an offense and who is
confined in a workhouse as provided in
division (A) of this
section, to reimburse the municipal
corporation or the township,
as the case may be, for its expenses
incurred by reason of
the person's confinement, including, but not
limited to, the expenses relating
to the provision of food,
clothing, shelter, medical
care, personal hygiene products,
including, but not limited to, toothpaste,
toothbrushes, and
feminine hygiene items, and up to two hours of overtime
costs the
sheriff or municipal corporation incurred relating to the trial of
the person. The amount of
reimbursement may be the actual cost of
the prisoner's confinement plus the
authorized trial overtime
costs or a lesser
amount determined by the legislative authority
of the municipal corporation or
board of township trustees,
provided that the lesser amount shall be
determined by a formula
that is uniformly applied to persons incarcerated in
the
workhouse. The amount of
reimbursement shall be determined by a
court at a hearing held
pursuant to section 2929.18 of the Revised
Code if the
person is confined for a felony or section 2929.223 of
the Revised Code if the person is confined for a
misdemeanor.
The
amount or amounts paid in
reimbursement by a person confined for a
misdemeanor or the amount recovered from a person
confined for a
misdemeanor by executing upon the judgment obtained pursuant to
section
2929.223 of the Revised Code shall be paid into the
treasury of the municipal
corporation or township that incurred
the expenses. If a
person is confined
for a felony and the court
imposes a sanction under section 2929.18 of the
Revised Code that
requires the person to reimburse the
costs of confinement,
the
city director of law, village solicitor, or other chief legal
officer
shall bring an action to recover the expenses of
confinement in
accordance with section 2929.18 of the Revised
Code. (2) The legislative authority of a municipal corporation or
the
board of township trustees may adopt an ordinance or
resolution specifying
that a person who is convicted of a felony
and who is confined in a workhouse
as provided in division (A) of
this section is
not required to reimburse the municipal
corporation or the township, as the
case may be, for its expenses
incurred by reason of the person's confinement,
including the
expenses listed in division
(B)(1) of this section. If the
legislative
authority or board adopts a resolution of that nature,
the legislative
authority or board shall provide a copy to the
court of common pleas of the
county, and the court that
sentences
a person convicted of a felony shall not impose a sanction under
section 2929.18 of the Revised Code that requires the person to
reimburse the
costs of the confinement.
(C)
In lieu of requiring offenders to reimburse the
political
subdivision for
expenses incurred by reason of the
person's
confinement in a municipal
workhouse under division (B)
of this
section
or under division (C) of section
753.16 of the Revised
Code, the legislative authority of the
municipal
corporation may
adopt a prisoner reimbursement policy
for the workhouse
under
this
division. The legislative authority of the municipal
corporation
may appoint a reimbursement coordinator to administer
the
prisoner
reimbursement policy.
A prisoner
reimbursement policy
adopted
under this division is a policy that requires a person
confined to
the
municipal workhouse to reimburse any expenses it
incurs by
reason of the
person's confinement in the workhouse,
which
expenses may include, but are not
limited to, the following: (1) A per diem fee for room and board of not more than sixty
dollars per day
or the actual per diem cost, whichever is less,
for the entire period of time
the person is confined to the
workhouse;
(2) Actual charges for medical and dental treatment, and the
fee for a random drug test assessed under division (E) of section
753.33 of the Revised Code;
(3) Reimbursement for municipal property damaged by the
person while confined
to the workhouse.
Rates charged shall be on a sliding scale determined by the
legislative
authority of the municipal corporation based on the
ability of the person
confined to the workhouse to pay and on
consideration of any legal obligation
of the person to support a
spouse, minor children, or other dependents and any
moral
obligation to support dependents to whom the person is providing
or has
in fact provided support.
The reimbursement coordinator or another workhouse employee
may investigate
the financial status of the confined person and
obtain information necessary
to investigate that status, by means
that may include contacting employers and
reviewing income tax
records. The coordinator may work with the confined
person to
create a repayment plan to be implemented upon the person's
release.
At the end of the person's incarceration, the person
shall be presented with
a billing statement.
The reimbursement coordinator or another workhouse employee
may collect, or
the legislative authority of the municipal
corporation may enter into a
contract with one or more public
agencies or private vendors to collect, any
amounts remaining
unpaid. Within twelve months after the date of the confined
person's release, the city director of law, village solicitor, or
other
attorney for the municipal corporation may file a civil
action to seek
reimbursement from that person for any billing
amount that remains unpaid.
The municipal corporation shall not
enforce any judgment obtained under this
section by means of
execution against the person's homestead. For purposes of
this
section, "homestead" has the same meaning as in division (A) of
section
323.151 of the Revised Code. Any reimbursement received
under this section
shall be credited to the general fund of the
political subdivision that bore
the expense, to be used for
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this
section or section
2929.18
or
2929.223, 2929.21, 2929.36, or
2929.37 of
the Revised Code, the legislative authority of the
municipal
corporation or board of township trustees may establish
a policy
that complies with section 2929.38 of the Revised Code
and
that requires any person who is not indigent and who is
confined
in the
workhouse under division (A) of this section to
pay a
reasonable
reception fee, a fee for any
medical treatment or
service requested by
and provided to that person, or
to
pay the
fee for a random drug
test assessed under division (E) of
section
753.33 of the Revised
Code.
The
fee for the medical treatment or
service
shall not
exceed the actual cost of the treatment or
service provided. No
person confined to a workhouse who is
indigent shall be required
to pay those
fees, and no person
confined to a workhouse shall be
denied any
necessary medical care
because of inability to pay
those fees.
Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of the
required fee may be automatically deducted from a person's account
record in
the workhouse's business office. If the person has no
funds in the person's
account, a deduction may be made at a later
date during the person's
confinement in the center if funds later
become available in the person's
account. If the person is
released from the workhouse and has an unpaid
balance of these
fees, the legislative authority or board of township trustees
may
bill the person for payment of the remaining unpaid fees. Fees
received
for medical treatment or services shall be paid into the
commissary fund, if
one has been created for the workhouse, or if
no such fund exists, into the
treasury of the municipal
corporation or township.
(2) If a person confined to a workhouse under division (A)
of this
section is required under division (B) of this section or
section 2929.18 or
2929.223 of the Revised Code to reimburse
medical expenses incurred by reason
of the person's confinement to
the workhouse, any fees paid by the person
under division (D)(1)
of this section shall be deducted
from the expenses
required to be
reimbursed under division (B) of this section or section
2929.18
or 2929.223 of the
Revised Code.
(E)(D) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in a workhouse or if a person
who
has been arrested
for an offense, and who has not been denied
bail
or has had bail set and has
not been released on bail is
confined
in a workhouse pending trial,
at the time of reception
and at
other times
the
person in charge of the operation of the
workhouse
determines to
be appropriate, the person in charge of
the
operation of the
workhouse may cause the convicted or accused
offender to be examined and
tested
for
tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, and other contagious
diseases. The
person in charge of
the operation of the workhouse may cause a
convicted or accused
offender in the workhouse who refuses to be tested or
treated for
tuberculosis, HIV infection, hepatitis, including,
but not limited
to, hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 753.16. (A) Any city or district having a workhouse
may receive as inmates of the workhouse persons sentenced or
committed to it from counties other than the one in which the
workhouse is situated, upon the terms and during
the length of
time agreed upon by the boards of
county commissioners of those
counties, or by the
legislative authority of a municipal
corporation in those counties and the legislative authority
of the
city, or the board of the district workhouse, or other authority
having
the management and control of the workhouse. Prisoners so
received shall in all respects be and remain under the control of
that authority, and shall be subject to the rules
and discipline
of the workhouse to which the other
prisoners detained in the
workhouse are subject. (B) Prior to the acceptance for housing into a jail or
workhouse of persons who are designated by the department of
rehabilitation
and correction, who plead guilty to or are
convicted of a felony of the fourth
or fifth degree, and who
satisfy the other requirements listed in section
5120.161 of the
Revised Code, the legislative authority of a municipal
corporation
having a jail or workhouse, or the joint board managing and
controlling a workhouse for the joint use of a municipal
corporation and a county shall enter into an agreement with
the
department of rehabilitation and correction under section
5120.161
of the Revised Code for the housing in the jail or
workhouse of
persons who are designated by the department, who
plead guilty to
or are convicted of a felony of the fourth or fifth degree,
and
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in
the jail or workhouse pursuant to an agreement of that
nature
shall be subject to supervision and control in the manner
described
in section 5120.161 of the Revised Code. This division
does not affect the
authority of a court to directly sentence a
person who is convicted of or
pleads guilty to a felony to the
jail or workhouse in accordance with section
2929.16 of the
Revised Code. (C)(1) The
Pursuant to section 2929.37 of the Revised Code,
the board of county commissioners, the legislative
authority of
the municipal corporation, or the board or other
managing
authority of the district workhouse may require a person
who was
convicted of an offense
and who is confined in the workhouse as
provided in division (A)
of this section, to reimburse the county,
municipal corporation,
or district, as the case may be, for its
expenses incurred by
reason of the person's confinement,
including, but not limited to,
the expenses relating to the
provision of food, clothing,
shelter, medical care, personal
hygiene products, including, but not
limited to, toothpaste,
toothbrushes, and feminine hygiene items, and up to
two hours of
overtime costs the sheriff or municipal corporation incurred
relating to the trial of the
person. The amount of reimbursement
may be the actual cost of the
person's
confinement plus the
authorized trial overtime costs or a lesser amount
determined by
the board of county commissioners
for the county, the legislative
authority of the municipal corporation, or the
board or other
managing authority of the district workhouse, provided that the
lesser amount shall be determined by a formula that is uniformly
applied to
persons incarcerated in the workhouse. The amount of
reimbursement shall be
determined by a court at a hearing held
pursuant to section 2929.18 of the
Revised Code if the person is
confined for a felony or
section 2929.223 of
the Revised Code if
the person is confined for a
misdemeanor. The amount or
amounts
paid in reimbursement by a person confined for
a misdemeanor or
the
amount recovered from a person confined for a
misdemeanor by
executing upon
the judgment obtained pursuant to section 2929.223
of the Revised Code shall
be paid into the treasury of the county,
municipal corporation, or district
that incurred the expenses. If
a person is confined
for a felony and the court imposes a sanction
under section 2929.18 of the
Revised Code that requires the person
to reimburse the
costs of confinement,
the prosecuting attorney or
municipal chief legal officer shall bring an
action to recover the
expenses of confinement in accordance with
section 2929.18 of the
Revised Code. (2) The board of county commissioners, the legislative
authority
of the municipal corporation, or the board or other
managing authority of the
district workhouse may adopt a
resolution or ordinance specifying that a
person who is convicted
of a felony and who is confined in the workhouse as
provided in
division (A) of this section is not
required to reimburse the
county, municipal corporation, or district, as the
case may be,
for its expenses incurred by reason of the person's confinement,
including the expenses listed in division
(C)(1) of this section.
If the board, legislative authority, or managing
authority adopts
a resolution of that nature, the board, legislative
authority, or
managing authority shall provide a
copy to the court of common
pleas of the county, and the court that sentences
a person
convicted of a felony shall not
impose a sanction under section
2929.18 of the Revised
Code that requires the person to reimburse
the
costs of the confinement.
(D)(1) Notwithstanding any contrary provision in this section
or section
2929.223, 2929.21, 2929.36, or 2929.37 of the Revised
Code, the
board of county commissioners, the
legislative authority
of a
municipal corporation, or the board or other
managing
authority of
the district workhouse may establish a policy
that
complies with section 2929.38 of the Revised Code and that
requires any
person who is not indigent and who is confined in the
jail or
workhouse under division (A) or (B) of this section to pay
a
reasonable
reception fee, a fee
for any medical treatment or
service requested by
and provided to that
person, or
to pay the
fee for a random drug
test assessed under division
(E) of section
753.33 of the Revised
Code.
The fee for
the medical treatment or
service shall not
exceed the actual
cost of the treatment or
service provided. No
person who is indigent shall be
required to
pay those fees, and no
person shall be denied any necessary
medical care because of
inability to pay those fees. Upon provision of the requested medical treatment or service
or assessment
of a fee for a random drug test, payment of
the
required fee may be automatically deducted from a person's account
record
in the jail or workhouse's business office. If the person
has no funds in the
person's account, a deduction may be made at a
later date during the
person's confinement in the jail or
workhouse if funds later become available
in that person's
account. If the person is released from the jail or
workhouse and
has an unpaid balance of these fees, the board of county
commissioners, the legislative authority of the municipal
corporation, or the
board or other managing authority of the
district workhouse may bill the
person for payment of the
remaining unpaid fees. Fees received for medical
treatment or
services shall be paid into the commissary fund, if one has been
created for the workhouse, or if no such fund exists, into the
treasury of
each applicable political subdivision.
(2) If a person confined to a jail or workhouse is required
under division
(C) of this section or section 2929.18 or 2929.223
of the Revised Code to
reimburse medical expenses incurred by
reason of the person's confinement to
the jail or workhouse, any
fees paid by the person under
division (D)(1) of this section
shall be deducted from the expenses required
to be reimbursed
under division (C) of this section or section 2929.18 or
2929.223
of the Revised Code.
(E) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in the workhouse as provided in
division
(A) of
this section or is incarcerated in the workhouse
in the
manner described in
division (B) of this section, or if a
person
who has been arrested
for an offense, and who has been
denied bail
or has had bail set and has not
been released on bail
is confined
in the workhouse pending trial,
at the time of
reception and at
other times
the
person in charge of the operation
of the workhouse
determines to
be appropriate, the person in
charge of the
operation of the
workhouse may cause the convicted
or accused
offender to be examined and
tested
for
tuberculosis,
HIV
infection, hepatitis, including but not limited
to hepatitis
A, B,
and C, and other contagious
diseases. The
person in charge
of the
operation of the workhouse may cause a
convicted or accused
offender in the workhouse who refuses to be tested or
treated
for
tuberculosis, HIV infection, hepatitis, including but not
limited
to hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter: (1) Impose a fine in accordance with the following schedule: (a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars; (b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars; (c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars; (d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars; (e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars; (f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars; (g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars; (h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars; (i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars; (j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars; (k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars. (2) Require the child to pay costs; (3) Require the child to make restitution to the victim of
the
child's delinquent act or, if the victim is deceased, to a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act.
Restitution required under this
division shall be made directly to
the victim in open court or to
the probation department that
serves the jurisdiction or the clerk
of courts on behalf of the
victim. The restitution may include
reimbursement to third
parties, other than the delinquent child's
insurer, for amounts
paid to the victim or to any survivor of the
victim for economic
loss resulting from the delinquent act. If
reimbursement to a
third party is required, the reimbursement
shall be made to any
governmental agency to repay any amounts the
agency paid to the
victim or any survivor of the victim before any
reimbursement is
made to any other person. Restitution required under this division 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 or survivor of the victim, the performance of
community service work, any other form of restitution devised by
the court, or any combination of the previously described forms of
restitution. The court may base the restitution order under this division
on an
amount recommended by the victim or survivor of the victim,
the
delinquent child, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information. If the amount of
the restitution is disputed
by the victim or survivor or by the
delinquent child, the court
shall hold a hearing on the
restitution. The court shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child. All restitution
payments shall be credited
against any recovery of economic loss
in a civil action brought by
or on behalf of the victim against
the delinquent child or the
delinquent child's parent, guardian,
or other custodian. The court may order that the delinquent child pay a
surcharge, in
an amount not exceeding five per cent of the amount
of restitution
otherwise ordered under this division, to the
entity responsible for
collecting and processing the restitution
payments. The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child may
file a
motion, for modification of the payment terms of any
restitution ordered
under this division, based on a substantial
change in the
delinquent child's ability to pay. (4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following: (a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee; (b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(E)(D)
of section 307.93,
division
(A) of section
341.06
341.19, division
(D)(C) of
section
341.23
or 753.16, or
division
(C)(B) of
section
341.14, 753.02,
753.04,
2301.56,
or
2947.19 of the
Revised Code. (B)(1) If a child is adjudicated a delinquent child for
violating
section 2923.32 of the Revised Code, the court 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) 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 of the Revised Code 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. (C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section. (D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor. If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction. (E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following: (1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction; (2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child. (3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.
Sec. 2301.56. (A) A judicial corrections board that
proposes or establishes one or more community-based correctional
facilities and programs or district community-based correctional
facilities and programs may apply to the division of parole and
community services for state financial assistance for the cost of
renovation, maintenance, and operation of any of the facilities
and programs. If the judicial corrections board has proposed or
established more than one facility and program and if it desires
state financial assistance for more than one of the facilities
and
programs, the board shall submit a separate application for
each
facility and program for which it desires the financial
assistance. An application for state financial assistance under this
section may be made when the judicial corrections board submits
for the approval of the section its proposal for the
establishment
of the facility and program in question to the
division of parole
and community services under division (B) of
section 2301.51 of
the Revised Code, or at any time after the
section has approved
the proposal. All applications for state
financial assistance for
proposed or approved facilities and
programs shall be made on
forms that are prescribed and furnished
by the department of
rehabilitation and correction, and in
accordance with section
5120.112 of the Revised Code. The judicial corrections board may submit a request for
funding of some or all of its community-based correctional
facilities and programs or district community-based correctional
facilities and programs to the board of county commissioners of
the county, if the judicial corrections board serves a
community-based correctional facility and program, or to the
boards of county commissioners of all of the member counties, if
the judicial corrections board serves a district community-based
correctional facility and program. The board or boards may
appropriate, but are not required to appropriate, a sum of money
for funding all aspects of each facility and program as outlined
in sections 2301.51 to 2301.56 of the Revised Code. The judicial
corrections board has no recourse against a board or boards of
county commissioners, either under Chapter 2731. of the Revised
Code, under its contempt power, or under any other authority, if
the board or boards of county commissioners do not appropriate
money for funding any facility or program or if they appropriate
money for funding a facility and program in an amount less than
the total amount of the submitted request for funding. (B)(1) A
Pursuant to section 2929.37 of the Revised Code, a
board of county commissioners may require a person
who was
convicted of an offense
and who is confined in a community-based
correctional facility or
district community-based correctional
facility as provided in
sections 2301.51 to 2301.56 of the Revised
Code, to reimburse the
county for its expenses incurred by reason
of the person's
confinement, including, but not limited to, the
expenses relating to the
provision of food, clothing, shelter,
medical care,
personal hygiene products, including, but not
limited to, toothpaste,
toothbrushes, and feminine hygiene items,
and up to two hours of overtime
costs the sheriff or municipal
corporation incurred relating to the trial of
the person. The
amount of
reimbursement may be the actual cost of the person's
confinement plus the
authorized trial overtime costs or a lesser
amount determined by the board of
county commissioners for the
county, provided that the lesser amount shall be
determined by a
formula that is uniformly
applied to persons incarcerated in the
facility. The amount of
reimbursement shall be determined by a
court at a hearing held
pursuant to section 2929.18 of the Revised
Code if the
person is confined
for a felony or section 2929.223 of
the Revised Code if the
person is confined for a misdemeanor. The
amount or amounts paid in
reimbursement by
a person confined for a
misdemeanor or the amount
recovered from a person
confined for a
misdemeanor by executing upon the judgment obtained pursuant to
section 2929.223 of the Revised Code shall be paid into the
treasury of the
county that incurred the expenses. If a person is
confined
for a felony and
the court imposes a sanction under
section 2929.18 of the Revised Code that
requires the person to
reimburse the costs of
confinement, the prosecuting attorney
shall
bring an action to recover the expenses of confinement in
accordance
with section 2929.18 of the Revised Code. (2) A board of county commissioners may adopt a resolution
specifying that a person who is convicted of a felony and who is
confined in a
community-based correctional facility or district
community-based correctional
facility as provided in sections
2301.51 to 2301.56 of the Revised Code
is not required to
reimburse the county for its expenses incurred by reason of
the
person's confinement, including the expenses listed in division
(B)(1) of this section. If the board adopts
a resolution of that
nature, the board shall provide a copy to the court of
common
pleas of the county, and the court that sentences a person
convicted of
a felony shall not impose a sanction under section
2929.18 of the
Revised Code that requires the person to reimburse
the costs
of the confinement.
(C)
In lieu of requiring offenders to reimburse the
political
subdivision for
expenses incurred by reason of the
person's
confinement pursuant to division
(B) of this section, the board or
boards of county
commissioners, acting
jointly with the judicial
corrections board,
may adopt a prisoner
reimbursement policy for
the community-based
correctional facility under
this
division to
be administered under the direction of the
director of the
facility. The director may appoint a
reimbursement coordinator to
administer
the facility's prisoner
reimbursement policy.
A
prisoner reimbursement policy
adopted
under this division is a
policy that requires a person confined to
the
facility to
reimburse the county or counties for any expenses
it incurs by
reason of the person's confinement in the facility,
which expenses
may
include, but are not limited to, the following: (1) A per diem fee for room and board of not more than sixty
dollars per
day or the actual per diem cost, whichever is less,
for the entire period of
time the person is confined to the
facility;
(2) Actual charges for medical and dental treatment;
(3) Reimbursement for government property damaged by the
person while
confined to the facility.
Rates charged shall be on a sliding scale determined by the
director with the
approval of the judicial corrections board based
on the ability of the person
confined to the facility to pay and
on consideration of any legal obligation
of the person to support
a spouse, minor children, or other dependents and any
moral
obligation to support dependents to whom the person is providing
or has
in fact provided support.
The reimbursement coordinator or another person designated by
the director may
investigate the financial status of the confined
person and obtain information
necessary to investigate that
status, by means that may include contacting
employers and
reviewing income tax records. The coordinator may work with the
confined person to create a repayment plan to be implemented upon
the person's
release. At the end of the person's incarceration,
the person shall be
presented with a billing statement signed by
the director.
The reimbursement coordinator or another person designated by
the director may
collect, or the judicial corrections board may
enter into a contract with one
or more public agencies or private
vendors to collect, any amounts remaining
unpaid. Within twelve
months after the date of the confined person's release,
the
prosecuting attorney may file a civil action in the name of the
state in
the court of common pleas of the county in which the
facility is located to
seek reimbursement from that person for any
billing amount that remains
unpaid. No judgment obtained under
this section shall be enforced by means of
execution against the
person's homestead. For purposes of this section,
"homestead" has
the same meaning as in division (A) of section 323.151 of the
Revised Code. Any reimbursement received under this section shall
be credited
to the general fund of the county that bore the
expense, to be used for
general fund purposes.
(D)(1) Notwithstanding any contrary provision in this
section or section
2929.18
or
2929.223, 2929.21, 2929.36, or
2929.37 of the
Revised Code, the judicial
corrections board may
establish a
policy
that complies with section 2929.38 of the
Revised Code and that requires any person who is not
indigent and
who is
confined in the community-based correctional facility or
district
community-based correctional facility to pay a
reasonable
reception fee or a fee for
any
medical treatment or
service requested by and provided to that
person.
This
fee shall
not exceed the actual cost of the treatment
or service provided.
No
person confined to a community-based
correctional facility or
district
community-based correctional
facility who is indigent
shall be required to pay
those fees, and
no person confined to any
facility of that type shall be
denied
any necessary medical care
because of inability to pay those fees.
Upon provision of the requested medical treatment or service,
payment of the
required fee may be automatically deducted from a
person's account record in
the facility's business office. If the
person has no funds in the person's
account, a deduction may be
made at a later date during the person's
confinement in the
facility if funds later become available in that person's
account.
If the person is released from the facility and has an unpaid
balance of these fees, the judicial corrections board may bill the
person for
payment of the remaining unpaid fees. Fees received
for medical treatment or
services shall be paid into the
commissary fund, if one has been created for
the facility, or if
no such fund exists, into the county treasury of the
county that
actually paid for the treatment or service.
(2) If a person confined to a community-based correctional
facility or
district community-based correctional facility is
required under division (B)
or (C) of this section or section
2929.18 or 2929.223 of the Revised Code to
reimburse the county
for expenses incurred by reason of the person's
confinement to the
facility, any fees paid by the person under division (D)(1)
of
this section shall be deducted from the expenses required to be
reimbursed
under division (B) or (C) of this section or section
2929.18 or 2929.223
of
the Revised Code.
(E)(D) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in a community-based correctional
facility or district
community-based correctional facility, at the
time of reception and at other
times the person in charge of the
operation of the facility determines to be
appropriate, the person
in charge of the operation of the facility may cause
the convicted
offender to be examined and tested for tuberculosis,
HIV
infection, hepatitis, including but not limited to hepatitis
A, B,
and C, and other contagious diseases. The
person in charge
of the
operation of the facility may cause a convicted offender in the
facility who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A,
B,
and C, or another contagious disease to be tested and
treated
involuntarily.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the
offender a fine in accordance with that section.
If the offender
is sentenced
to a sanction of confinement pursuant to section
2929.14 or 2929.16 of the
Revised Code that is to be served in a
facility operated by
a board of county commissioners, a
legislative authority of a municipal
corporation, or another
governmental entity, the court imposing sentence upon
an offender
for a felony shall comply with division
(A)(4)(b) of this section
in determining whether to
sentence the offender to a financial
sanction described in division
(A)(4)(a) of this section.
Financial sanctions
that may be imposed pursuant to this section
include, but are
not limited to, the following: (1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. The court shall order that the
restitution be made to the adult probation department that serves
the county
on behalf of the victim, to the clerk of courts, or to
another agency
designated by the court, except that it may include
a requirement
that reimbursement be made to third parties for
amounts paid to
or on behalf of the victim or any survivor of the
victim for economic
loss resulting from the offense. If
reimbursement to third parties is
required, the reimbursement
shall be made to any governmental
agency to repay any amounts paid
by the agency to or on behalf of the
victim or
any survivor of the
victim for economic loss resulting from the
offense before any
reimbursement is made to any person other than
a governmental
agency. If no governmental agency incurred
expenses for economic
loss of the victim or any survivor of the
victim resulting from
the offense, the reimbursement shall be
made to any person other
than a governmental agency to repay
amounts paid by that person to
or on behalf of the victim or any
survivor of the
victim for
economic loss of the victim resulting from the
offense. The court
shall not require an offender to repay an insurance
company for
any amounts the company paid on behalf of the offender pursuant to
a policy of insurance. At sentencing, the court shall determine
the amount of
restitution to be made by the offender. All
restitution payments
shall be credited against any recovery of
economic loss in a
civil action brought by the victim or any
survivor of the victim
against the offender. (2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the statutory fine
amount authorized for
the level of the offense under division
(A)(3) of this section. (3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount: (a) For a felony of the first degree, not more
than twenty
thousand dollars; (b) For a felony of the second degree, not more
than fifteen
thousand dollars; (c) For a felony of the third degree, not more
than ten
thousand dollars; (d) For a felony of the fourth degree, not more
than five
thousand dollars; (e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars. (4)(a)
Subject to division
(A)(4)(b) of this section,
reimbursement
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following: (i) All or part of the costs of implementing
any community
control sanction; (ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14 or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement;. (b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity,
one of the
following applies: (i) If
if, pursuant to section 307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code,
the
board,
legislative
authority, or other local governmental
entity requires
prisoners
convicted of an offense other than a
minor misdemeanor
to
reimburse
the county, municipal corporation,
or other entity
for
its expenses incurred
by reason of the
prisoner's confinement,
and if the
court
shall
does not impose a financial
sanction under
division (A)(4)(a)(ii)
of this section
that requires
the offender
to
reimburse the
county, municipal corporation, or
other local
governmental
entity
for the cost of the, confinement
costs may be
assessed pursuant to section 2929.37 of the Revised Code. In
addition, the offender may be required to pay the fees specified
in section 2929.38 of the Revised Code in accordance with that
section.
In addition, the
court may impose
any other financial
sanction
under this section.
(ii) If, pursuant to any section identified in division
(A)(4)(b)(i)
of this section, the board, legislative authority, or
other local governmental
entity has adopted
a resolution or
ordinance specifying that prisoners convicted of felonies are
not
required to reimburse the county, municipal corporation, or other
local
governmental entity
for its expenses incurred by reason of
the prisoner's confinement, the court
shall not impose a financial
sanction under division (A)(4)(a) of this section
that requires
the offender to reimburse the county, municipal corporation, or
other local governmental entity for the cost of the confinement,
but the court
may impose any
other financial sanction under this
section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of
this section
applies, the court may impose, but is not required to
impose, any financial
sanction under this section.
(c) Reimbursement by the offender for costs
pursuant to
section 2929.28 of the Revised Code. (B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender. (2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code. (3) For a fourth degree felony
OMVI
offense and for a third
degree felony OMVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(A)(4) or (8) of section 4511.99
of the Revised
Code. The
mandatory fine
so imposed shall be
disbursed as provided in
division (A)(4) or (8) of
section
4511.99 of the Revised
Code. (4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable: (a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense; (b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section. (5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code. (6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code. (7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section. (C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(4)(a) of this
section to pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14 or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14
and 2929.16 of the Revised Code. (2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(a) of this
section to pay the
costs incurred by a county pursuant to any
sanction imposed under
this section or section 2929.16 or 2929.17
of the Revised Code or
in operating a facility
used to confine offenders pursuant to a
sanction imposed under
section 2929.16 of the Revised Code to the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code. (3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(a) of this
section to pay the
costs incurred by a municipal corporation
pursuant to any sanction
imposed under this section or section
2929.16 or 2929.17 of the
Revised Code or in
operating a facility used to confine offenders
pursuant to a
sanction imposed under section 2929.16 of the
Revised
Code to the treasurer of the municipal
corporation. The
treasurer shall deposit the reimbursements
in a special fund that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code. (4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(4)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider. (D) A financial sanction imposed pursuant to division (A) or
(B) of this section is a judgment in favor of the state or a
political subdivision in which the court that imposed the
financial
sanction is located, except that a financial sanction of
reimbursement imposed pursuant to division
(A)(4)(a)(ii) of this
section upon an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, a financial sanction of reimbursement
imposed upon an
offender pursuant to this section for costs
incurred by a private provider of
sanctions is a judgment in favor
of the private provider, and a
financial sanction of restitution
imposed
pursuant to this section is a judgment in favor of the
victim of
the offender's criminal act. The offender subject to
the sanction is the
judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following: (1) Obtain execution of the judgment through any
available
procedure, including: (a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code; (b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code; (c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including: (i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code; (ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code; (iii) A creditor's suit under section 2333.01
of the Revised
Code. (d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code; (e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code. (E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it. (F) Each court imposing a financial sanction
upon an
offender under this section or under section 2929.25 of the
Revised
Code may designate a court
employee to collect, or may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section or section 2929.25 of
the Revised Code. Before entering into a
contract for the
collection of
amounts due from an offender pursuant to any
financial sanction imposed
pursuant to this section or section
2929.25 of the Revised Code,
a court shall comply with sections
307.86 to 307.92 of the
Revised Code. (G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section 2929.25 of the Revised
Code that have not been
paid. (H) No financial sanction imposed under this
section or
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person; (d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section; (e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender; (f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse. (4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense or if the
offender is being sentenced for
a sexually oriented offense that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, the
court
shall include in the offender's sentence a statement that
the
offender has been adjudicated as being a sexual predator and shall
comply with the requirements of section 2950.03 of the Revised
Code. Additionally, in the circumstances described in division
(G) of section 2929.14 of the Revised Code, the court shall impose
sentence on
the offender as described in that division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.25 of the
Revised
Code, the court shall consider the offender's present and
future ability to
pay the amount of the sanction or fine. (7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, and
if the local detention facility is covered by a policy adopted
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code
and section 2929.37 of the Revised Code, both of the following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the clerk of the court may
issue a certificate of judgment against the offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section.
(C)(1) If the offender is being sentenced for a fourth
degree felony
OMVI offense under division (G)(1) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
term
of local
incarceration in accordance with that division,
shall impose a mandatory fine
in accordance with division (B)(3)
of section 2929.18 of the Revised Code,
and, in addition, may
impose additional sanctions as specified in sections
2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code. The court
shall
not impose a prison term on the offender. (2) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
prison term in accordance with that
division, shall impose a
mandatory fine in accordance with division (B)(3) of
section
2929.18 of the Revised Code, and, in addition, may impose an
additional prison term as specified in section 2929.14 of the
Revised Code.
The court shall not impose any community control
sanction on the offender. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.21. (A) Except as provided in division (G) of
this
section or in section 2929.23
of the Revised Code, whoever is
convicted of or pleads guilty to
a misdemeanor other than a minor
misdemeanor shall be imprisoned
for a definite term or fined, or
both, which term of imprisonment
and fine shall be fixed by the
court as provided in this section. Whoever is convicted of or pleads guilty to committing,
attempting to commit, or complicity in committing a violation of
section 2909.03 of the Revised Code that is a misdemeanor, or a
violation of division (A)(2) of section 2909.06 of the Revised
Code when the means used are fire or explosion, shall be required
to reimburse agencies for their investigation or prosecution
costs
in accordance with section 2929.28 of the Revised Code. (B) Except as provided in division (G) of this
section,
terms of imprisonment for misdemeanor shall be imposed as
follows: (1) For a misdemeanor of the first degree, not more than
six
months; (2) For a misdemeanor of the second degree, not more than
ninety days; (3) For a misdemeanor of the third degree, not more than
sixty days; (4) For a misdemeanor of the fourth degree, not more than
thirty days. (C) Fines for misdemeanor shall be imposed as follows: (1) For a misdemeanor of the first degree, not more than
one
thousand dollars; (2) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars; (3) For a misdemeanor of the third degree, not more than
five hundred dollars; (4) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars. (D) Whoever is convicted of or pleads guilty to a minor
misdemeanor shall be fined not more than one hundred dollars. (E) The court may require a person who is convicted of or
pleads guilty to a misdemeanor to make restitution for all or
part
of the property damage that is caused by the offense
and for all
or part of the value of the property that is the subject of
any
theft offense, as defined in division (K) of section 2913.01
of
the Revised Code, that the person committed. If the court
determines that the victim of the offense was sixty-five years of
age or older or permanently or totally disabled at the time of
the
commission of the offense, the court, regardless of whether
the
offender knew the age of victim, shall consider this fact in
favor
of imposing restitution, but this fact shall not control
the
decision of the court. (F)(1) If a person is sentenced to a term of imprisonment
pursuant to this section and the term of imprisonment is to be
served in a county jail in a county that has established a county
jail industry program pursuant to section 5147.30 of the Revised
Code, the court shall specify, as part of the sentence, whether
the person may be considered by the county sheriff of that county
for participation in the county jail industry program. The court
shall retain jurisdiction to modify its specification made
pursuant to this division during the person's term of
imprisonment
upon a reassessment of the person's qualifications
for
participation in the program. (2) If a person is sentenced to a term of imprisonment
pursuant to this section that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, the
court may impose as part of the sentence pursuant to section
2929.36 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility is covered by a policy adopted
pursuant
to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or 2947.19 of the Revised Code
and section
2929.37 of the Revised Code, both of the following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section. (ii) If the person does not dispute the bill described in
division (F)(2)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the clerk of the court may
issue a certificate of judgment against the person as described in
that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (F)(2)(a)(ii) of this
section.
(G) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
the
effective date of this amendment
January
1,
1997, and if 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, the judge
shall include in
the offender's sentence a statement that the offender has
been
adjudicated as being a sexual predator, shall comply with the
requirements of section 2950.03 of
the Revised Code, and shall
require the offender to submit
to a DNA specimen collection
procedure pursuant to
section 2901.07 of the Revised Code. (H) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor
committed on
or after
the effective date of this amendment
January
1, 1997, the judge shall conduct a
hearing in accordance with
division (B) of section 2950.09 of the
Revised Code to determine
whether the offender is a sexual
predator. Before imposing
sentence on an
offender who is being sentenced for a sexually
oriented offense,
the court also shall comply with division (E) of
section 2950.09 of
the Revised Code. (I) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
the
effective date of this amendment
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.
Sec. 2929.35. As used in sections 2929.35 to 2929.38 of the
Revised Code:
(A) "Chief legal officer" includes a prosecuting attorney,
village solicitor, city director of law, and attorney for a
district of a joint city and county workhouse or county workhouse.
(B) "Clerk of the appropriate court" or "appropriate court
clerk"
means whichever of the following applies:
(1) If the local detention facility in question is a
multicounty
correctional center, multicounty-municipal
correctional center,
district community-based correctional
facility, or district
workhouse, the clerk of the court of common
pleas of the most
populous county served by the local detention
facility;
(2) If the local detention facility in question is a city
workhouse,
the clerk of the municipal court for that city;
(3) If neither (B)(1) nor (B)(2) of this section applies,
the clerk of the court of common pleas of the county in which the
local detention facility in question is located.
(C) "Homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code.
(D) "Inmate account" has the same meaning as in section
2969.21 of the Revised Code. (E) "Local detention facility" means a multicounty
correctional center, municipal-county correctional center,
multicounty-municipal correctional center, community-based
correctional facility, district community-based correctional
facility, jail, county jail, municipal or county prison, station house, workhouse,
city workhouse, county workhouse, joint city and county workhouse,
and district workhouse.
Sec. 2929.36. (A) In addition to or in lieu of any fine or
other sanction imposed pursuant to section 2929.21 of the Revised
Code, the court imposing a sentence upon an
offender
for a
misdemeanor may
sentence the offender to a
sanction that requires
the offender to reimburse the government for all or part of the
costs of confinement in a local detention facility under a term of imprisonment imposed under that section, including, but
not limited to, a per
diem fee for room
and board, the costs of
medical and dental
treatment, and the costs of repairing property
damaged by the
offender while confined.
The court shall include
the reimbursement sanction in the offender's sentence. (B) The amount of reimbursement ordered under
division
(A)
of this section shall not exceed the total
amount of
reimbursement
the offender
is able to pay and shall not
exceed the
actual cost
of the confinement. The court may collect
any amount of
reimbursement
the offender is required to pay under
that division.
If the court
does not order reimbursement under
that division,
confinement
costs may be assessed pursuant to a
repayment policy
adopted under
section 2929.37 of the Revised
Code. In addition,
the offender may be required to pay in accordance with section
2929.38 of the Revised Code the fees specified in that section. (C) If the court determines a hearing is necessary, the
court
may hold a hearing to determine whether the offender is able
to
pay a reimbursement sanction imposed pursuant to division (A)
of this section or is likely
in
the future to be able to pay it. If the court determines that the offender is indigent and
unable to pay the
reimbursement sanction imposed under division
(A) of this section, the court
shall consider imposing and
may
impose a period of community service under
section 2951.02 of the
Revised Code
in lieu of
imposing a
reimbursement sanction. If the
court does not determine that the
offender is indigent, the court
may impose a period of community
service
under section 2951.02
of
the Revised Code
in lieu of or in addition to
imposing a
reimbursement sanction under
division (A) of this section. If a
person
fails to pay a reimbursement
sanction, the court
may order
community
service in lieu of the
reimbursement sanction. (D)(1) The offender shall pay reimbursements imposed upon
the
offender pursuant to division (A) of this section to pay
the
costs incurred by a county in operating a facility used to
confine
offenders pursuant
to a term of imprisonment imposed under section
2929.21 of
the Revised Code to
the county treasurer. The county
treasurer shall deposit the
reimbursements in the county's general fund in accordance with division (I) of this section.
The county shall use the
amounts
deposited in the fund to pay the
costs incurred by the
county in
operating a
facility used to confine offenders pursuant
to a term
of imprisonment imposed under
section 2929.21 of the Revised Code. (2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A) of this section to pay the
costs
incurred by a municipal corporation in operating a
facility used
to confine offenders
pursuant to a term of imprisonment imposed
under
section 2929.21 of the
Revised Code to the treasurer of the
municipal corporation. The
treasurer shall deposit the
reimbursements in the municipal corporation's general fund in accordance with division (I) of this section. The municipal corporation
shall use the amounts
deposited in the fund to pay the costs
incurred by the municipal
corporation in operating a
facility used
to confine offenders pursuant to a term of imprisonment imposed
under
section 2929.21 of the Revised Code. (E) A
reimbursement sanction imposed pursuant to
division
(A) of this
section upon an offender confined in
a local detention
facility is a
judgment in favor of
the
entity
operating the local
detention facility. The offender subject
to the reimbursement
sanction is the judgment debtor.
Once the reimbursement sanction is imposed as a judgment, the
subdivision may
bring an action to
do any of the following: (1) Obtain execution of the judgment through any available
procedure, including any of the procedures identified in divisions (D)(1)(a) to (e) of section 2929.18 of the Revised Code. (2) Obtain an order for the assignment of wages of the
judgment
debtor under section 1321.33 of the Revised Code. (F) The civil remedies authorized under division (E) of
this
section for the collection of the reimbursement sanction
supplement,
but do
not preclude, enforcement of the criminal
sentence. (G) Each court imposing a reimbursement sanction upon an
offender
under division (A) of this section may designate the
clerk of the court
or another
person to collect the reimbursement
sanction. The clerk,
or another person
authorized by law or the
court to collect the
reimbursement sanction, may do the following: (1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction.
Before entering into a contract for the collection of
amounts due from
an offender pursuant to any reimbursement
sanction
imposed pursuant to division (A) of this
section, a court
shall comply with
sections 307.86 to 307.92 of
the Revised Code. (2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a county court or a municipal court operated by a county, by credit or debit card or by another electronic
transfer if the court is a municipal court not operated by a county,
or by any other reasonable method, in any time, and on
any terms
that court considers just, except that the maximum time
permitted
for payment shall not exceed five years. If the court is a county court or a municipal court operated by a county, the acceptance of payments by any financial transaction device shall be governed by the policy adopted by the board of county commissioners of the county pursuant to section 301.28 of the Revised Code. If the court is a municipal court not operated by a county, the clerk may
pay any
fee associated with processing an electronic transfer out
of
public money or may charge the fee to the offender. (3) To defray administrative costs, charge a reasonable fee
to an
offender who elects a payment plan rather than a lump sum
payment of any
reimbursement sanction. (H) No reimbursement sanction imposed under division (A) of
this section shall
preclude a victim from bringing a civil action
against the
offender. (I) Reimbursement imposed under division (A) of
this
section
shall be paid to the general fund of the
political
subdivision
that incurred the expenses of the offender's
confinement.
Sec. 2929.37. (A) A board of county commissioners, in an
agreement with the sheriff, a legislative authority of a municipal
corporation, a corrections commission, a judicial corrections
board, or any other public or private entity that operates a
local
detention facility at which a prisoner who is convicted of an
offense and who is confined in the facility under a
sanction or term of imprisonment imposed under section 2929.16 or
2929.21 of the Revised Code may adopt,
pursuant to section 307.93,
341.14, 341.19, 341.21, 341.23, 753.02, 753.04,
753.16, 2301.56,
or
2947.19 of the Revised Code, a policy that requires the
prisoner to pay all or part of the
costs of
confinement in that
facility.
If a board of county commissioners, legislative authority, corrections commission, judicial corrections board, or other entity adopts a policy for a facility pursuant to one of those sections, the person in charge of that facility shall appoint a reimbursement coordinator to administer the facility's policy. The costs of confinement may include, but are not limited to,
the costs of
repairing property damaged by the prisoner while
confined, a per diem
fee for room and board, medical and dental
treatment costs, the fee for a random drug test assessed under
division (E) of
section 341.26 and division (E) of section 753.33
of the Revised
Code, and a one-time reception fee for the costs of
processing the prisoner into the facility at the time
of the prisoner's initial entry into the facility under the
confinement in question,
minus any fees deducted under
section
2929.38 of the Revised Code.
Any
policy adopted under this section
shall be
used when a court
does
not order reimbursement of
confinement costs under
section
2929.18
or 2929.36 of the Revised
Code. The
amount assessed under this
section shall
not exceed the
total amount that the
prisoner is able
to pay. (B)(1) Each prisoner covered by a repayment policy adopted
as described in division (A) of this
section shall receive at the
end of the prisoner's confinement an itemized bill of the
expenses
to be reimbursed. The policy
shall allow periodic
payments on a
schedule to be implemented upon
a prisoner's
release. The bill
also shall state that
payment shall be made
to the
person
identified in the bill as the reimbursement coordinator and
include
a notice that specifies that the prisoner has thirty
days
in which
to
dispute the
bill by filing a written objection with
the reimbursement coordinator and that if the prisoner does not
dispute the bill in that manner within that period, the
prisoner
is required to pay the bill and a certificate of
judgment may be
obtained against the prisoner for the amount of
the unpaid
expenses. The prisoner shall
sign a copy of the
bill, and the
reimbursement coordinator shall
retain that
copy. If the
prisoner disputes an item on the
bill
within
thirty
days after
receiving the bill, the reimbursement coordinator may
either
concede
the disputed item or proceed to a hearing under
division
(B)(2) of
this section.
(2) If the prisoner disputes an item on an itemized bill
presented
to the prisoner under division (B)(1) of this section
and the
reimbursement coordinator does not concede the item, the
reimbursement coordinator shall submit the bill
to the court, and
the court shall hold a hearing on the disputed
items in the bill.
At the end of the hearing, the court shall
determine how much of
the disputed expenses the prisoner shall
reimburse the legislative
authority or managing authority and
shall issue a judgment in
favor of the legislative authority or
managing authority for any
undisputed expenses and the amount of
the disputed expenses for
which the prisoner must reimburse the
legislative authority or
managing authority. The reimbursement coordinator shall not
seek
to enforce the judgment until at least ninety days after the
court
issues the judgment.
(C) If a prisoner does not dispute the itemized bill
presented to the prisoner
under division (B) of this section and
does not pay the bill within ninety days, the
reimbursement
coordinator shall
send by mail a notice
to the
prisoner
requesting
payment of the
expenses as stated in the bill.
If the
prisoner does not
respond to the notice by
paying the
expenses in
full within thirty
days of the date the
notice was mailed, the
reimbursement coordinator shall send by
mail a second
notice to
the prisoner requesting payment of the
expenses. If
one hundred
eighty days elapse
from the date that
the reimbursement
coordinator provides the bill and if
the
prisoner has not paid the
full amount of
the expenses pursuant
to
the bill and the notices,
the reimbursement
coordinator may notify the clerk of the
appropriate court of those
facts, and the clerk may issue a
certificate of judgment against
the prisoner
for the balance of
the expenses remaining unpaid.
(D) The reimbursement coordinator may collect
any amounts
remaining unpaid on an itemized bill and any costs associated
with the enforcement of the judgment and
may enter into a
contract with one or more public
agencies or private vendors to
collect any amounts remaining
unpaid. For enforcing a judgment
issued under this section, the reimbursement coordinator may
assess an additional poundage fee of two per cent of the amount
remaining unpaid and
may collect costs associated with the
enforcement of the judgment.
(E) Neither the reimbursement coordinator nor the
legislative
authority or the managing authority shall enforce any
judgment
obtained under this section by means of execution against
the
prisoner's homestead. Any reimbursement received under this
section shall be credited to the general fund of the treasury of
the political subdivision that incurred the expense, to be used
for general fund purposes.
Sec. 2929.38. (A) A board of commissioners of a county, in
an agreement
with
the sheriff, a legislative authority of a
municipal
corporation, a
corrections commission, a judicial
corrections
board, or any other
public or private entity that
operates a
local detention facility
described in division (A) of
section 2929.37 of the Revised Code,
may establish a policy
that
requires any prisoner who is confined in
the facility as a
result
of pleading guilty
to or
having been convicted of an offense
to
pay a one-time reception fee for the costs of processing the
prisoner into the facility at the time of the prisoner's initial
entry into the facility under the confinement in question, to pay
a reasonable fee for
any medical or dental
treatment or service
requested by and
provided to that prisoner, and to pay the fee for
a random drug
test assessed under division (E) of section 341.26,
and division
(E) of section 753.33 of the Revised Code.
The fee
for the
medical treatment or service shall not exceed the actual
cost of
the treatment or
service provided. No prisoner
confined
in
the local detention facility shall be denied any
necessary
medical care
because of inability to pay the fees.
(B) Upon assessment of a one-time reception fee as described
in division (A) of this section, the provision of the requested
medical treatment or service, or the assessment of a fee for a
random
drug test, payment of the required fee may be automatically
deducted from
the prisoner's inmate
account in the business office
of the local detention facility in
which the prisoner
is confined.
If there is no
money in the
account, a deduction may
be made at a
later date
during the
prisoner's confinement if the
money becomes
available in
the
account. If, after release, the
prisoner has an
unpaid balance
of
those fees, the sheriff,
legislative authority
of the municipal
corporation, corrections
commission, judicial
corrections board,
or other entity that operates the local
detention
facility described in
division (A) of section 2929.37
of the Revised Code may bill the
prisoner for the payment
of the
unpaid fees. Fees received for
medical or
dental treatment
or
services shall be paid to the
commissary fund, if one exists
for
the facility, or if no
commissary
fund exists, to the general
fund
of the treasury of the
political
subdivision that incurred
the
expenses, in the same
proportion as
those expenses were borne
by
the political
subdivision. (C) Any fee paid by a person under this section
shall
be
deducted from any medical or dental costs that the person
is
ordered
to reimburse under section 2929.36 of the Revised Code
or
to repay under a policy adopted under section 2929.37 of the
Revised Code.
(D) As used in this section, "inmate account" has the same
meaning as in section
2969.21
of the Revised Code.
Sec. 2947.14. (A) If a fine is imposed as a sentence or a
part of a sentence, the court or magistrate that imposed the fine
may order that the offender be committed to the jail or workhouse
until the fine is paid or secured to be paid, or
he
the offender
is otherwise
legally discharged, if the court or magistrate
determines at a
hearing that the offender is able, at that time,
to pay the fine
but refuses to do so. The hearing required by
this section shall
be conducted at the time of sentencing. (B) At the hearing, the offender has the right to be
represented by counsel and to testify and present evidence as to
his
the offender's ability to pay the fine. If a court or
magistrate determines
after considering the evidence presented by
an offender, that the
offender is able to pay a fine, the
determination shall be
supported by findings of fact set forth in
a judgment entry that
indicate the offender's income, assets, and
debts, as presented
by the offender, and
his
the offender's
ability to pay. (C) If the court or magistrate has found the offender able
to pay a fine at a hearing conducted in compliance with divisions
(A) and (B) of this section, and the offender fails to pay the
fine, a warrant may be issued for the arrest of the offender.
Any
offender held in custody pursuant to such an arrest shall be
entitled to a hearing on the first regularly scheduled court day
following the date of arrest in order to inform the court or
magistrate of any change of circumstances that has occurred since
the time of sentencing and that affects
his
the offender's
ability
to pay the
fine. The right to the hearing on any change of
circumstances
may be waived by the offender. At the hearing to determine any change of circumstances,
the
offender has the right to testify and present evidence as to
any
portion of
his
the offender's income, assets, or debts that
has
changed in
such a manner as to affect
his
the offender's ability
to pay the
fine. If a
court or magistrate determines, after
considering any evidence
presented by the offender, that the
offender remains able to pay
the fine, that determination shall be
supported by a judgment
entry that includes findings of fact upon
which such a determination
is based. (D) No person shall be ordered to be committed to a jail
or
workhouse or otherwise be held in custody in satisfaction of a
fine imposed as the whole or a part of a sentence except as
provided in this section. Any person imprisoned pursuant to this
section shall receive credit upon the fine at the rate of
thirty
fifty dollars per day or fraction of a day. If the unpaid fine is
less
than
thirty
fifty dollars, the person shall be imprisoned one
day. (E) No commitment pursuant to this section shall exceed
six
months.
Sec. 2947.19. (A) In a county that has no workhouse but in
which is located
a city that has a workhouse maintained by the
city, the board of county commissioners may agree with the proper
authorities of that city upon terms under which persons convicted
of misdemeanors shall be maintained in the city workhouse at the
expense of the county. In the case of persons committed to the
city workhouse for the violation of a law of this state, whether
the commitment is from the court of common pleas, magistrate's
court, or other court, the cost of maintaining those persons
committed shall be paid out of the general fund of the county, on
the allowance of the board of county commissioners, provided that
all persons committed to the city workhouse for the violation of
ordinances of the city shall be maintained in that workhouse at
the sole cost of the city. (B)(1) The
Pursuant to section 2929.37 of the Revised Code,
the board of county commissioners or the legislative
authority of
the city may require a person who was convicted of
an offense and
who is confined in
the city workhouse as provided in division (A)
of this section
to reimburse the county or the city, as the case
may be, for its
expenses incurred by reason of the person's
confinement, including, but
not limited to, the expenses relating
to the provision of food,
clothing, shelter,
medical care,
personal hygiene products, including, but not
limited to,
toothpaste, toothbrushes, and feminine hygiene items,
and up to
two hours of overtime costs the sheriff or municipal corporation
incurred relating to the trial of the person. The amount of
reimbursement
may be the actual cost of the prisoner's confinement
plus the authorized trial
overtime costs or a lesser amount
determined by the board of county
commissioners for the county or
the legislative authority of the city,
provided that the lesser
amount shall be determined by a formula that is
uniformly applied
to persons incarcerated in the
workhouse. The court shall
determine the amount of reimbursement
at a hearing held pursuant
to section 2929.18 of the Revised Code if the person is confined
for a felony
or section 2929.223 of the Revised Code if the person
is confined for a
misdemeanor. The
amount or amounts paid in
reimbursement by a
prisoner confined for a misdemeanor or the
amount recovered from a
prisoner confined for a misdemeanor by
executing upon the judgment obtained
pursuant to section 2929.223
of the Revised Code shall be paid into the
treasury of the county
or city that incurred the expenses. If a person is
convicted of
or pleads guilty to a felony and the court imposes a sanction
that
requires the offender to serve a term in a city workhouse,
sections
341.23, 753.02, 753.04, and 753.16 of the Revised Code
govern the
determination of whether the court may impose a
sanction under section 2929.18
of the Revised Code that requires
the offender to reimburse the expenses of
confinement.
If a person
is
confined for a felony and the court imposes a sanction
under
section 2929.18 of the Revised
Code that requires the offender to
reimburse
the costs of confinement, the prosecuting attorney of
the county or city
director of law shall bring an action to
recover the expenses of confinement
in accordance with section
2929.18 of the Revised Code. (2) The board of county commissioners or the legislative
authority of the city may adopt a resolution or ordinance
specifying that a
person who is convicted of a felony and who is
confined in the city workhouse
as provided in division (A) of this
section is
not required to reimburse the county or city, as the
case may be, for its
expenses incurred by reason of the person's
confinement, including the
expenses listed in division (B)(1) of
this section. If
the board or legislative authority adopts a
resolution or ordinance of that
nature, the court that sentences a
person convicted of a felony shall not
impose a sanction under
section 2929.18 of the Revised
Code that requires the person to
reimburse the costs of the
confinement. (C)
In lieu of requiring offenders to reimburse the
county
or
the city for expenses incurred by reason of the person's
confinement
under division (A) of this section, the board
of
county commissioners or the legislative authority of the city may
adopt a
prisoner reimbursement policy for the city workhouse under
this division. The
workhouse
administrator may appoint a
reimbursement coordinator to
administer
the prisoner reimbursement
policy.
A prisoner
reimbursement policy adopted
under this
division is a policy that
requires a person confined to the
workhouse to reimburse the
county or city for any expenses it
incurs by reason
of the
person's confinement in the workhouse,
which expenses may include,
but
are not limited to, the following: (1) A per diem fee for room and board of not more than sixty
dollars per
day or the actual per diem cost, whichever is less for
the entire period of
time the person is confined to the workhouse;
(2) Actual charges for medical and dental treatment;
(3) Reimbursement for government property damaged by the
person while
confined to the workhouse.
Rates charged shall be on a sliding scale determined by the
board of
county commissioners or the legislative authority of the
city, based on the
ability of the person confined in the workhouse
to pay and on consideration of
any legal obligation of the person
to support a spouse, minor children, or
other dependents and any
moral obligation to support dependents to whom the
person is
providing or has in fact provided support.
The reimbursement coordinator or another person designated by
the workhouse
administrator may investigate the financial status
of the confined person and
obtain information necessary to
investigate that status, by means that may
include contacting
employers and reviewing income tax records. The
coordinator may
work with the confined person to create a repayment plan to be
implemented upon the person's release. At the end of the person's
incarceration, the person shall be presented with a billing
statement.
The reimbursement coordinator or another person designated by
the workhouse
administrator may collect, or the board of county
commissioners or the
legislative authority of the city may enter
into a contract with one or more
public agencies or private
vendors to collect, any amounts remaining unpaid.
Within twelve
months after the date of the confined person's release, the
prosecuting attorney or city director of law may file a civil
action to seek
reimbursement from that person for any billing
amount that remains unpaid. The county or city shall not enforce
any judgment
obtained under this section by means of execution
against the person's
homestead. For purposes of this section,
"homestead" has the same meaning as
in division (A) of section
323.151 of the Revised Code. Any reimbursement
received under
this section shall be credited to the general
fund of the county
or city that bore the expense, to be used for general fund
purposes.
(D)(1) Notwithstanding any contrary provision in this
section or section
2929.18
or 2929.223, 2929.21, 2929.36, or
2929.37 of
the Revised Code,
the board of county commissioners or
the
legislative authority of the city may
establish a policy
that
complies with section 2929.38 of the Revised Code and that
requires
any person who is not indigent and who is
confined in the
city
workhouse to pay a
reasonable
reception fee or a fee for any
medical
treatment
or service requested by and provided to that
person.
This fee
shall
not exceed the actual cost of the treatment
or
service
provided. No person confined to a city workhouse who
is indigent
shall be required to pay those fees, and no person
confined to a
city
workhouse shall be denied any necessary medical
care because
of inability to
pay those fees.
Upon provision of the requested medical treatment or service,
payment of
the required fee may be automatically deducted from a
person's account record
in the workhouse's business office. If
the person has no funds in the
person's account, a deduction may
be made at a later date during the person's
confinement in the
workhouse if funds later become available in the person's
account.
If the person is released from the workhouse and has an unpaid
balance of these fees, the board of county commissioners or the
legislative
authority may bill the person for payment of the
remaining unpaid fees. Fees
received for medical treatment or
services shall be paid into the commissary
fund, if one has been
created for the workhouse, or if no commissary fund
exists, into
the county or city treasury.
(2) If a person confined to a city workhouse is required
under division
(B) of this section or section 2929.18 or
2929.223
of the Revised Code to reimburse the county or city for
expenses
incurred by reason of the person's confinement to the workhouse,
any
fees paid by the person under division (D)(1)
of this section
shall be deducted from the expenses required to be reimbursed
under division (b) of this section or section
2929.18 or 2929.223
of the Revised Code.
(E)(D) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in the workhouse as provided in
division
(A) of
this section, at the time of reception and at
other times
the person in charge
of the operation of the workhouse
determines
to be appropriate, the person in
charge of the
operation of the
workhouse may cause the convicted offender to
be
examined and
tested for tuberculosis, HIV infection, hepatitis,
including but
not limited to hepatitis A, B, and C,
and other
contagious
diseases. The person in charge of the operation of the
workhouse
may cause a convicted offender in the workhouse who
refuses to be
tested or
treated for tuberculosis, HIV infection,
hepatitis,
including but
not limited to hepatitis A, B, and C, or
another
contagious
disease to be tested and treated involuntarily.
Sec. 2949.111. (A) As used in this section: (1) "Costs" means any court costs that the court requires
an
offender to pay, any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.223
2929.28 of the Revised Code, any fee for the
costs of
electronically monitored house arrest that an offender agrees to
pay pursuant to section 2929.23 of the Revised Code, any
reimbursement for the costs of an investigation or prosecution
that the court orders an offender to pay pursuant to section
2929.28 of the Revised Code, or any other costs that the court
orders an offender to pay. (2) "Supervision fees" means any fees that a court, pursuant
to section 2951.021 of the Revised Code and as a condition of
probation, requires an offender who is placed on probation to pay
for probation services or that a court, pursuant to section
2929.18 of the
Revised Code, requires an offender who is under a
community control sanction
to pay for
supervision services. (3) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (B) Unless the court, in accordance with division (C) of
this section, enters in the record of the case a different method
of assigning a payment toward the satisfaction of costs,
restitution, a fine, or supervision fees, if a person who is
charged with a misdemeanor is convicted of or pleads guilty
to the
offense, if the court orders the offender to pay any
combination
of costs, restitution, a fine, or supervision fees, and
if the
offender makes any payment to a clerk of court toward the
satisfaction of the costs, restitution, fine, or supervision fees,
the clerk of the court shall assign the offender's payment so
made
toward the satisfaction of the costs, restitution, fine, or
supervision fees in the following manner: (1) If the court ordered the offender to pay any costs,
the
offender's payment shall be assigned toward the satisfaction
of
the costs until the court costs have been entirely paid. (2) If the court ordered the offender to pay any
restitution
and if all of the costs that the court ordered the
offender to
pay, if any, have been paid, the remainder of the
offender's
payment after any assignment required under division
(B)(1) of
this section shall be assigned toward the satisfaction
of the
restitution until the restitution has been entirely paid. (3) If the court ordered the offender to pay any fine and
if
all of the costs and restitution that the court ordered the
offender to pay, if any, have been paid, the remainder of the
offender's payment after any assignments required under divisions
(B)(1) and (2) of this section shall be assigned toward the
satisfaction of the fine until the fine has been entirely paid. (4) If the court ordered the offender to pay any supervision
fees and if all of the costs, restitution, and fine that the
court
ordered the offender to pay, if any, have been paid, the
remainder
of the offender's payment after any assignments
required under
divisions (B)(1), (2), and (3) of this section
shall be assigned
toward the satisfaction of the supervision fees
until the
supervision fees have been entirely paid. (C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of costs, restitution,
a fine, or supervision fees, the court, at the time it orders
the
offender to pay the combination of costs, restitution, a fine, or
supervision fees, may prescribe a method of assigning
payments
that the person makes toward the satisfaction of the costs,
restitution, fine, or supervision fees that differs from the
method set forth in division (B) of this section. If the court
prescribes a method of assigning payments under this division,
the
court shall enter in the record of the case the method so
prescribed. Upon the entry in the record of the case of the
method of assigning payments prescribed pursuant to this
division,
if the offender makes any payment to a clerk of court
for the
costs, restitution, fine, or supervision fees, the
clerk of the
court shall assign the payment so made toward the
satisfaction of
the costs, restitution, fine, or supervision
fees
in the manner
prescribed by the court and entered in the record
of the case
instead of in the manner set forth in division (B) of
this
section.
Sec. 3924.53. (A) As used in this
section: (1) "Beneficiary" and "benefits contract" have the same
meanings as in
section 3901.38 of the Revised
Code. (2) "Confinement" means any period of time during which a
person
is
in the custody or under the supervision of the
department of rehabilitation and correction or is confined in a
local jail, workhouse, or other correctional facility of the
type
described in
section 307.93, 341.14, 341.19, 341.23, 753.02,
753.04, 753.16, 2301.56, or
2947.19 of the Revised
Code. (3) "Law enforcement officer" has the same meaning as in
section 2901.01
of the Revised Code. (B) Except as provided in division
(C) of this section, no
benefits contract
shall limit or exclude coverage for the reason
that the beneficiary is under
confinement or is otherwise under
the custody of a law enforcement officer,
and a governmental
entity is wholly or primarily responsible for
rendering or
arranging for the rendering of health care services for the
beneficiary. (C) A benefits contract may limit or
exclude coverage for
health care services rendered to such a beneficiary if
the
injury
or sickness for which the services were rendered resulted from an
action
or omission for which the governmental entity operating the
correctional
facility, or the governmental entity with which the
law enforcement
officer is affiliated, is liable.
Sec. 5120.56. (A) As used in
this
section
sections 5120.56
to 5120.58 of the Revised Code: (1) "Ancillary services" means services provided to an
offender as
necessary for the particular circumstances of the
offender's personal
supervision, including, but not limited to,
specialized counseling, testing,
or
other services not included in
the calculation of residential or supervision
costs. (2) "Cost debt" means a cost of incarceration or supervision
that may be
assessed against and collected from an offender as a
debt to the state as
described in division (D) of this
section. (3) "Detention facility" means any place used for the
confinement of a
person charged with or convicted of any crime. (4) "Offender" means any inmate, parolee, probationer,
releasee, or other
person
who has been convicted of or pleaded
guilty to any felony or misdemeanor and
is sentenced to any of the
following: (a) A term of imprisonment, a prison term, or another type
of
confinement in a
detention facility; (b) Participation in another correctional program in lieu
of
incarceration. (B) The department of rehabilitation
and correction may
recover from an offender who is in its custody or under its
supervision any cost debt described in division
(D) of this
section. To satisfy a cost debt
described in that division that
relates to an offender, the department may
apply directly assets
that are
in the department's possession and that are being held
for that offender
without
further proceedings in aid of execution,
and, if assets belonging to or
subject to
the direction of that
offender are in the possession of a third party, the
department
may request the attorney general to initiate proceedings to
collect
the assets from the third party to satisfy the cost debt. (C) Except as otherwise provided in
division (E) or
(G) of
this section, all of the following
assets of an offender shall be
subject to attachment, collection, or
application toward the cost
debts described in division
(D) of this section that are to be
recovered under division
(B) of this section: (1) Subject to division (E) of this section, any pay the
offender
receives from the state; (2) Subject to division (E) of this section, any funds the
offender receives from persons on an approved visitor
list; (3) Any liquid assets belonging to the offender and in the
custody of the
department
of rehabilitation and correction; (4) Any assets the offender acquires or any other income the
offender
earns
subsequent to the offender's commitment. (D) Costs of incarceration or
supervision that may be
assessed against and collected from an offender under
division (B)
of this section as a
debt to the state shall include, but are not
limited to, all of the following
costs that accrue while the
offender is in the custody or under the
supervision of the
department
of rehabilitation and correction: (1) Any user fee or copayment for services at a detention
facility or
housing facility, including, but not limited to, a fee
or copayment for sick
call visits; (2) Assessment for damage to or destruction of property in a
detention
facility subsequent to commitment; (3) Restitution to an offender or to a staff member of a
state
correctional institution for theft, loss, or damage to the
personal property
of
the offender or staff member; (4) The cost of housing and feeding the offender in a
detention
facility; (5) The cost of supervision of the offender; (6) The cost of any ancillary services provided to the
offender; (7) The cost of any medical care provided to the offender. (E) The cost of housing and feeding an
offender in a state
correctional institution shall not be collected from a
payment
made to the offender for performing an activity at a state job or
assignment that pays less than the minimum wage or from money the
offender
receives from visitors, unless the combined assets in the
offender's
institution personal account exceed, at any time, one
hundred dollars. If the
combined assets in that account exceed
one hundred dollars, the cost of
housing and feeding the offender
may be collected from the amount in excess of
one hundred
dollars. (F)(1) The department
of rehabilitation
and correction shall
adopt rules pursuant to section 111.15 of the
Revised Code
to
implement the requirements of this section. (2) The rules adopted under division
(F)(1) of this section
shall include, but are
not limited to, rules that establish or
contain all of the following: (a) A process for ascertaining the items of cost to be
assessed
against an offender;
(b) Subject to division (F)(3)
of this section, a process by
which the offender shall have the opportunity to
respond to the
assessment of costs under division (B)
of this section and to
contest any item of cost in the
department's calculation or as it
applies to the offender;
(c) A requirement that the offender be notified, in writing,
of a
final decision to collect or apply the offender's assets
under division
(B) of this section and that the
notification be
provided after the offender has had an opportunity to contest
the
application or collection; (d) Criteria for evaluating an offender's ongoing, permanent
injury and evaluating the ability of that type of offender to
provide for the
offender after incarceration. (3) The rules adopted under division
(F)(1) of this section
may allow the
collection of a cost debt as a flat fee or over time
in installments. If the
cost debt is to be collected over time in
installments, the rules are not
required to permit the offender an
opportunity to contest the assessment of
each installment. The
rules may establish a standard fee to apply to all
offenders who
receive a particular service. (G) The department
of rehabilitation
and correction shall
not collect cost debts or apply offender assets toward a
cost debt
under division (B) of this section if, due
to an ongoing,
permanent injury, the collection or
application would unjustly
limit the offender's ability to provide for the
offender after
incarceration. (H) If an offender acquires assets after
the offender is
convicted of or pleads guilty to an offense and if the
transferor
knows of the offender's status as an offender, the transferor
shall
notify the department
of rehabilitation and correction in
advance of the
transfer. (I) There is hereby created in the
state treasury the
offender financial responsibility fund. All moneys
collected by
or on behalf of the department under this section, and all moneys
currently in the
department's custody that are applied to satisfy
an allowable cost debt under
this section, shall
be deposited into
the fund. The department
of rehabilitation and correction
may
expend moneys in the fund for goods and services of the same type
as those
for which offenders are assessed pursuant to this
section.
Sec. 5120.57. (A) For each offender who is in the custody or
under the supervision of the department of rehabilitation and
correction, the department may make a determination as to whether
the offender is covered under an individual or group sickness and
accident insurance policy or an individual or group health
insuring corporation policy, contract, or agreement. If the
offender has coverage of that type, the department shall
familiarize itself with the terms and conditions to receive
benefits under the policy, contract, or agreement. (B) If, pursuant to division (A) of this section, it is
determined that the offender is covered under an individual or
group sickness and accident insurance policy or an individual or
group health insuring corporation policy, contract,
or agreement
and if, while that coverage is in force, the department
renders or
arranges for the rendering of health care services to
the person
in accordance with the terms and conditions of the
policy,
contract, or agreement, the department or
provider of the
health
care services, as appropriate under the
terms and
conditions of
the policy, contract, or agreement, may
submit a
claim for
payment for the health care services
to the appropriate
third-party payer. If the policy holder is the offender, the
offender shall be required to assign payment of benefits directly
to the provider or department, as appropriate. If the policy
holder is not the offender, the policy holder shall be asked to
voluntarily provide policy information and assign payments
directly to the provider or department, as appropriate. The
department shall provide the third-party payer with a copy of the
assignment of benefits by the policy holder. The policy holder
and the third-party payer shall make all arrangements necessary to
ensure that payment of any amount due on the claim is made to the
provider or department as specified in the assignment. The
department shall remain ultimately responsible for payment of all
health care services provided to an offender in the custody or
under the supervision of the department but shall be the payer of
last resort. If the department pays a provider for health care
services rendered to an offender and payment subsequently is made
for the same services by a third-party payer, the provider shall
refund the duplicate payment to the department and, the department
shall deposit the refunded payment into the offender financial
responsibility fund as described in division (E) of this section.
(C) If, pursuant to division (A) of this section, it is
determined that the offender is covered under an individual or
group sickness and accident insurance policy or an individual or
group health insuring corporation policy, contract, or agreement,
the department shall make a determination, after considering
security, public safety, and transportation issues, whether or not
to render or arrange for the rendering of health care services in
accordance with the terms and conditions of the policy, contract,
or agreement. The department, based on security, public safety,
or transportation concerns or any combination of those concerns,
may arrange for the rendering of health care services for the
offender at a health care facility, by a provider, or at a health
care facility and by a provider not covered by the policy,
contract, or agreement and pay the costs of the health care
services for the offender.
(D) If the department renders or arranges for the rendering
of health care services to an offender and pays for the services,
the department reserves the right to seek reimbursement from a
third-party payer for the services if it subsequently is
determined that the offender was covered under an individual or
group sickness and accident insurance policy or an individual or
group health insuring corporation policy, contract, or agreement.
The department shall submit a claim for reimbursement of the type
described in this division within the time frames applicable to
claims submitted by a policy holder in accordance with the terms
and conditions of the policy, contract, or agreement.
(E) Any payment made to the department pursuant to division
(B) of this section shall be deposited into the offender financial
responsibility fund created in section 5120.56 of the Revised
Code. (F) If, at the time the department arranges for health care
services for an offender and a provider renders those services,
the
department determines pursuant to division (A) of this section
that the offender is covered, or potentially is covered, under an
individual or group sickness and accident insurance policy or an
individual or group health insuring corporation policy, contract,
or agreement, then all of the following apply: (1) The department is responsible for any cost-sharing,
co-payments, or deductibles required under the policy, contract,
or agreement.
(2) If the insurer or potential insurer denies the claim
for payment, the department remains liable for payment to the
provider of services.
(3) If an insurer covers a service, but the amount the
insurer pays to the provider is less than the amount negotiated
and established by contract then in effect between the department
and the provider, the department is liable for reimbursing the
difference to the provider.
(G) Nothing in this section requires a third-party payer to
reimburse any provider or the department for health care services
not covered under the terms or conditions of an individual or
group sickness and accident insurance policy, an individual or
group health insuring corporation policy, contract, or agreement,
or any other policy, contract, or agreement.
Sec. 5120.58. The department of rehabilitation and
correction
shall adopt rules under section 111.15 of the Revised
Code to do
both of the following: (A) Establish a schedule of health care benefits that are
available to
offenders who are in the custody or under the
supervision of the
department;
(B) Establish a program to encourage the utilization of
preventive health care services by offenders.
Section 2. That existing sections 307.93, 341.14, 341.19,
341.21, 341.23, 341.26, 753.02, 753.04, 753.16, 2152.20, 2301.56,
2929.18, 2929.19, 2929.21, 2947.14, 2947.19, 2949.111, 3924.53,
and 5120.56 and
sections 341.06 and 2929.223 of the
Revised Code
are hereby repealed.
Section 3. (A) The Department of Rehabilitation and
Correction
shall examine the feasibility and desirability of
purchasing
insurance coverage to protect against unpredictable or
catastrophic losses that may be incurred by the state in the
provision of health care services to offenders who are in the
custody or under the supervision of the Department. Not later
than
six months after the effective date of this act, the
Department
shall report its findings and
any recommendations to
the Speaker
of the House of
Representatives, the President of the
Senate, and
the chairs of
the standing committees of the House of
Representatives and the
Senate that have primary jurisdiction over
issues related to the
Department. (B) The Department of Rehabilitation and Correction shall
develop specifications for a utilization review program under
which the clinical necessity, appropriateness, efficacy, or
efficiency of any outside health care service recommended for an
offender may be evaluated by an external utilization review
organization. The Department shall request proposals for the
provision of services of that nature. The request for proposals
shall adequately describe the specifications developed by the
Department. Within six months after the effective date of this
section, the Department shall report the responses to the request
for proposals to the Speaker of the House of Representatives, the
President of the Senate, and the chairs of the standing committees
of the House of Representatives and the Senate that have primary
jurisdiction over issues related to the Department. The
Department is not required to enter into a contract for the
provision of that nature unless money has been appropriated to the
Department adequate to fund the provision of services of that
nature.
Section 4. Section 2929.18 of the Revised Code is presented
in
this act as a composite of the section as amended by Am. H.B.
528, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
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