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Sub. H. B. No. 327As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Latta, Goodman, Seitz, Reinhard, Lendrum, Willamowski, Schmidt, Aslanides, Fedor, Carano, Womer Benjamin
A BILL
To amend sections 181.25, 2919.25, 2921.34, 2925.23,
2925.36, 2929.01, 2929.12,
2929.13, 2929.14,
2929.19, 2929.20, 2951.041, 2967.16, 2967.28,
3719.21, 4723.09, 4723.28, 4723.75, 5120.031,
5120.032, 5120.033, and 5145.01 and to enact
sections 2921.341 and 2929.141 of the Revised
Code
to clarify certain provisions of the Felony
Sentencing Law, to correct the penalty provisions
for certain drug abuse offenses, to clarify the
eligibility criteria for intervention in lieu of
conviction, to require applicants for nurse
licensure and dialysis technician certification to
have a criminal records check, and to extend until
July 1, 2002, the
date by which the State Criminal
Sentencing
Commission must recommend changes to the
state's
criminal forfeiture laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 181.25, 2919.25, 2921.34, 2925.23,
2925.36, 2929.01, 2929.12,
2929.13, 2929.14, 2929.19, 2929.20,
2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28, 4723.75,
5120.031, 5120.032, 5120.033, and 5145.01 be amended and sections
2921.341 and 2929.141 of the Revised Code be enacted to read as
follows:
Sec. 181.25. (A) If the comprehensive criminal sentencing
structure that it recommends to the general assembly pursuant to
section 181.24 of the Revised Code or any aspects of that
sentencing structure are enacted into law, the state criminal
sentencing commission shall do all of the following: (1) Assist the general assembly in the implementation of
those aspects of the sentencing structure that are enacted into
law; (2) Monitor the operation of the aspects of the sentencing
structure that are enacted into law and report to
the general
assembly no later
than January 1, 1997, and
biennially thereafter,
on all of the following matters: (a) The impact of the sentencing
structure in effect on and
after July 1, 1996, on political
subdivisions and other relevant
aspects of local
government in this state, including all of the
following
information: (i) The number and type of offenders
who were being
imprisoned in a state correctional institution
under the law in
effect prior to July 1, 1996, but who are being
punished under a
community control
sanction, as defined in section 2929.01 of the
Revised
Code, under the law in effect
on and after July 1, 1996; (ii) The fiscal and other impact of
the law in effect on and
after July 1, 1996, on political
subdivisions
and other relevant
aspects of local
government in this state, including law
enforcement agencies,
the court system, prosecutors, as defined in
section 2935.01 of
the Revised Code, the public defender and
assigned counsel system, jails and workhouses, probation
departments, the drug and alcohol abuse intervention and
treatment
system, and the mental health intervention and
treatment system. (b) The impact of the sentencing
structure in effect on and
after July 1, 1996, on the population of
state correctional
institutions,
including information regarding the number and types
of
offenders who are being imprisoned under the law in effect on
and after July 1, 1996, and the amount of
space in state
correctional institutions that is necessary to
house those
offenders; (c) The impact of the sentencing
structure and the sentence
appeal provisions in effect on and
after July 1, 1996, on the
appellate
courts of this state, including information regarding
the number
of sentence-based appeals, the cost of reviewing
appeals of
that nature, whether a special court should be created
to review sentences,
and
whether changes should be made to ensure
that sentence-based appeals are
conducted expeditiously. (3) Review all bills that are introduced in the general
assembly that provide for new criminal offenses or that change the
penalty for any criminal offense, determine if those bills are
consistent with the sentencing policy adopted under division (B)
of section 181.23 of the Revised Code, determine the impact of
those bills upon the correctional resources of the state, and
recommend to the general assembly any necessary amendments to
those bills. When the commission recommends any amendment for
a
bill before the general assembly, it shall do so in a manner that
is consistent with the requirements of section 181.24 of the
Revised Code. (4) Study criminal sentencing structures in this state,
other states, and the federal government, recommend necessary
changes to the sentencing structure of the state, and determine
the costs and effects of any proposed changes in the sentencing
structure of the state; (5) Collect and maintain data that pertains to the cost
to
counties of the felony sentence appeal provisions set forth
in
section 2953.08 of the Revised Code, of the
postconviction relief
proceeding provisions set forth in division
(A)(2) of section
2953.21 of the Revised Code, and of appeals from judgments
entered
in such postconviction relief proceedings. The data so collected
and maintained shall include, but shall not be limited to, the
increase in expenses that counties experience as a result of
those
provisions and those appeals and the number of felony sentence
appeals
made,
postconviction relief proceedings filed, and appeals
of postconviction relief
proceeding judgments made in each county
under those provisions. The
commission
periodically shall provide
to the felony sentence appeal cost
oversight committee, in
accordance with division
(I) of section 2953.08 of the Revised
Code, all data the
commission collects pursuant to this division. (B) In addition to its duties set forth in section 181.24 of
the Revised Code
and
division (A) of this section, the state
criminal sentencing
commission
shall review all forfeiture
statutes in Titles
XXIX and
XLV of the Revised Code and, not later
than July 1,
2001
2002, recommend to the
general assembly any
necessary changes to those statutes.
Sec. 2919.25. (A) No person shall knowingly cause or
attempt to cause physical harm to a family or household member. (B) No person shall recklessly cause serious physical harm
to a family or household member. (C) No person, by threat of force, shall knowingly cause a
family or household member to believe that the offender will
cause
imminent physical harm to the family or household member. (D) Whoever violates this section is guilty of domestic
violence. Except as otherwise provided in this division, a
violation of division (C) of this section is a misdemeanor of the
fourth
degree, and a violation of division (A) or (B) of
this
section is a misdemeanor of the first degree. If the offender
previously
has
pleaded guilty to or been convicted of domestic
violence, of a violation of
a municipal ordinance that is
substantially similar to domestic violence,
of a violation of
section 2903.11, 2903.12, 2903.13, 2903.14,
2903.21, 2903.211,
2903.22, 2911.211,
or 2919.22 of the Revised Code involving a
person who was a
family or
household member at the time of the
violation, or of a violation of
a municipal ordinance, a law of
the United States or of any other state, or a municipal ordinance
of a municipal corporation located in any other state that is
substantially similar to one of those sections
involving a person
who was a family or household member at the time of the
violation,
a violation of
division (A) or (B) of this section is a felony of
the
fifth degree, and a violation of division (C) of this section
is a
misdemeanor of the third degree." (E) As used in this section and sections 2919.251 and
2919.26 of the Revised Code: (1) "Family or household member" means any of the
following: (a) Any of the following who is residing or has resided with
the offender: (i) A spouse, a person living as a spouse, or a former
spouse of the offender; (ii) A parent or a child of the offender, or another person
related by consanguinity or affinity to the offender; (iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the offender, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the offender. (b) The natural parent of any child of whom the offender is
the other natural
parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is
living
or has lived with the offender in a common law marital
relationship, who otherwise is cohabiting with the offender, or
who
otherwise has cohabited with the offender within five years
prior
to the date of the alleged commission of the act in
question.
Sec. 2921.34. (A)(1) No person, knowing the person is
under
detention or being reckless in that regard, shall purposely
break
or attempt to break the detention, or purposely fail to
return to
detention, either following temporary leave granted for
a
specific
purpose or limited period, or at the time required when
serving a
sentence in intermittent confinement.
A person who
violates
section 2921.341 of the Revised Code shall not also be
prosecuted
for a violation of this section based upon the same act
that
constitutes the violation of that section. (2) No person who is sentenced to a prison term pursuant to
division (A)(3) of section 2971.03 of the Revised Code as a
sexually violent
predator, for whom the requirement that the
entire prison term be served in a
state correctional institution
has been modified pursuant to section 2971.05
of the Revised Code,
and who, pursuant to that modification, is restricted to
a
geographic area, knowing that the person is under a
geographic
restriction or being reckless in that regard, shall purposely
leave
the geographic area to which the restriction applies or
purposely fail to return to that geographic area following a
temporary leave
granted for a specific purpose or for a limited
period of time. (B) Irregularity in bringing about or maintaining
detention,
or lack of jurisdiction of the committing or detaining
authority,
is not a defense to a charge under this section if the
detention
is pursuant to judicial order or in a detention
facility. In the
case of any other detention, irregularity or
lack of jurisdiction
is an affirmative defense only if either of
the following occurs: (1) The escape involved no substantial risk of harm to the
person or property of another. (2) The detaining authority knew or should have known
there
was no legal basis or authority for the detention. (C) Whoever violates this section is guilty of escape. (1) If the offender, at the time of the commission of the
offense, was under detention as an alleged or adjudicated
delinquent child or unruly child and if the act for which the
offender was under detention would not be a felony if committed
by
an adult, escape is a misdemeanor of the first degree. (2) If the offender, at the time of the commission of the
offense, was under detention in any other manner or was a
sexually
violent predator for whom the requirement that the entire prison
term
imposed pursuant to division (A)(3) of section 2971.03 of the
Revised Code be served
in a state correctional institution has
been modified
pursuant to section 2971.05 of the Revised Code,
escape is one
of the following: (a) A felony of the second
degree, when the
most serious
offense for which the person was under detention or
adjudicated a
sexually violent predator is
aggravated murder, murder, or a
felony of the first
or second degree or, if the person was under
detention
as an alleged or adjudicated delinquent child, when the
most
serious act for which the person was under detention would be
aggravated murder, murder, or a felony of the first
or second
degree if committed by an adult; (b) A felony of the
third degree, when the most serious
offense for which the
person was under detention or adjudicated a
sexually violent predator
is a felony of the third, fourth, or
fifth degree or an
unclassified felony or, if the person was under
detention as an
alleged or adjudicated delinquent child, when the
most serious
act for which the person was under detention would be
a felony of the
third, fourth, or fifth degree or an unclassified
felony if committed
by an adult; (c) A felony of the fifth degree, when any of the following
applies: (i) The most serious offense for which the person was under
detention is
a misdemeanor. (ii) The person was found not guilty by reason of insanity,
and the person's
detention consisted of hospitalization,
institutionalization, or confinement in a facility under an order
made
pursuant to or under authority of section 2945.40, 2945.401,
or 2945.402 of
the Revised Code. (d) A misdemeanor of the first degree, when the most serious
offense for which the person was under detention is a misdemeanor
and when the
person fails to return to detention at a specified
time following
temporary leave granted for a specific purpose or
limited period or at the
time required when serving a sentence in
intermittent confinement.
Sec. 2921.341. (A) No offender who is under the lawful
supervision of an employee of the department of rehabilitation and
correction and who is on any type of release from a state
correctional institution other than judicial release under section
2929.20 of the Revised Code shall do any of the following: (1) Knowingly leave the state without the permission of the
adult parole authority;
(2) Evade, flee, or avoid that supervision for more than six
months;
(3) Fail to maintain contacts required by that supervision
for more than six months.
(B) Whoever violates this section is guilty of absconding
from supervision, a felony of the fifth degree.
Sec. 2925.23. (A) No person shall knowingly make a false
statement in any prescription, order, report, or record required
by Chapter 3719. or 4729. of the Revised Code. (B) No person shall intentionally make, utter, or sell, or
knowingly possess any of the following that is a false or forged: (2) Uncompleted preprinted prescription blank used for
writing a prescription; (3) Official written order; (4) License for a terminal distributor of dangerous drugs
as
required in section 4729.60 of the Revised Code; (5) Registration certificate for a wholesale distributor
of
dangerous drugs as required in section 4729.60 of the Revised
Code. (C) No person, by theft as defined in section 2913.02 of
the
Revised Code, shall acquire any of the following: (2) An uncompleted preprinted prescription blank used for
writing a prescription; (3) An official written order; (4) A blank official written order; (5) A license or blank license for a terminal distributor
of
dangerous drugs as required in section 4729.60 of the Revised
Code; (6) A registration certificate or blank registration
certificate for a wholesale distributor of dangerous drugs as
required in section 4729.60 of the Revised Code. (D) No person shall knowingly make or affix any false or
forged label to a package or receptacle containing any dangerous
drugs. (E) Divisions (A) and (D) of this section do not apply to
licensed health professionals authorized to prescribe
drugs,
pharmacists, owners of pharmacies, and other
persons whose conduct
is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729.,
4731., and 4741. of the Revised Code. (F) Whoever violates this section is guilty of illegal
processing of drug documents.
If the offender violates division
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of
this
section, illegal processing of drug documents is a felony of the
fifth
degree. If the offender violates
division (A), division
(B)(1) or (3), division
(C)(1) or (3), or division (D) of this
section, the
penalty for illegal processing of drug documents
shall be
determined as follows: (1) If the drug involved is a compound, mixture,
preparation, or substance
included in schedule I or II, with the
exception of marihuana, illegal
processing of drug documents is a
felony of the fourth degree, and division
(C) of section 2929.13
of the Revised Code applies in determining whether to
impose a
prison term on the offender. (2) If the drug involved is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III,
IV,
or V or is marihuana, illegal processing of drug documents is a
felony of
the fifth degree, and division (C) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender. (G) In addition to any prison term authorized or required by
division (F) of
this section and sections 2929.13 and 2929.14 of
the Revised Code and in
addition to any other sanction imposed for
the offense under this section or
sections 2929.11 to 2929.18 of
the Revised Code, the court that sentences an
offender who is
convicted of or pleads guilty to any violation of divisions
(A) to
(D) of this section shall do both of the following: (1) The court shall suspend for not less
than six months or
more than five years the driver's or
commercial driver's license
or permit of any person who is convicted of or
has pleaded guilty
to a violation of this section.
(2) If the offender is a professionally licensed person or a
person who has
been admitted to the bar by order of the supreme
court in compliance with its
prescribed and published rules, in
addition to any other sanction imposed for
a violation of this
section, the court forthwith shall comply with section
2925.38 of
the Revised Code. (H) Notwithstanding any contrary provision of section
3719.21 of the Revised
Code, the clerk of court shall pay a fine
imposed for a violation of this
section pursuant to division (A)
of section 2929.18 of the Revised Code in
accordance with and
subject to the requirements of division (F) of
section 2925.03 of
the Revised Code. The agency that receives the fine shall
use the
fine as
specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish
another
a sample drug. (B) Division (A) of this section does not apply to
manufacturers, wholesalers, pharmacists, owners of pharmacies,
licensed
health professionals authorized to prescribe drugs, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised
Code. (C)(1) Whoever violates this section is guilty of illegal
dispensing of drug samples. (2) If the drug involved in the offense is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana, the penalty for the offense shall
be
determined as follows: (a) Except as otherwise provided in division (C)(2)(b) of
this section,
illegal dispensing of drug samples is a felony of
the fifth degree,
and, subject to division (E) of
this section,
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. (b) If the offense was committed in the vicinity of a school
or
in the vicinity of a juvenile, illegal dispensing of drug
samples is a felony
of the fourth degree, and, subject to division
(E) of this section,
division (C) of section 2929.13 of the
Revised Code applies in determining
whether to impose a prison
term on the offender. (3) If the drug involved in the offense is a dangerous drug
or a compound,
mixture, preparation, or substance included in
schedule III, IV, or
V, or is marihuana, the penalty for the
offense shall be
determined as follows: (a) Except as otherwise provided in division
(C)(3)(b) of
this section, illegal dispensing of
drug samples is a misdemeanor
of the second degree. (b) If the offense was committed in the vicinity of
a school
or
in the vicinity of a juvenile, illegal dispensing of drug
samples
is a misdemeanor of the first degree. (D) In addition to any prison term authorized or
required by
division (C)
or (E) of this section and
sections 2929.13 and
2929.14 of the Revised Code and in addition to any other
sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that
sentences an offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do both of the following: (1) The court shall suspend for not less
than six months or
more than five years the driver's or
commercial driver's license
or permit of any person who is convicted of or
has pleaded guilty
to a violation of this section.
(2) If the offender is a professionally licensed person or a
person who has
been admitted to the bar by order of the supreme
court in
compliance with its prescribed and published rules, in
addition
to any other sanction imposed for a violation of this
section,
the court forthwith shall comply with section 2925.38 of
the Revised
Code. (E)
Notwithstanding the prison term authorized or required by
division (C) of this section and sections 2929.13 and 2929.14 of
the Revised
Code, if the violation of division (A) of this section
involves the sale,
offer to sell, or possession of a schedule I or
II
controlled substance, with the exception of marihuana, and if
the court
imposing sentence upon the offender finds that the
offender as
a result of the violation is a major drug offender and
is guilty of
a specification of the type described in section
2941.1410 of the Revised Code, the
court, in lieu of the
prison
term otherwise authorized or required, shall impose upon
the
offender the mandatory prison term specified in division
(D)(3)(a)
of section 2929.14 of the Revised Code and may impose an
additional
prison
term under division (D)(3)(b) of that section. (F) Notwithstanding any contrary provision of
section
3719.21 of the Revised Code, the clerk of the court shall pay a
fine
imposed for a
violation of this section pursuant to division
(A) of section 2929.18 of the
Revised Code in accordance with and
subject to the requirements of division
(F) of section 2925.03 of
the Revised Code. The agency that receives the fine
shall use the
fine as specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of a
felony and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
felony. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O) "Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code. (P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code. (Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (R) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply: (1) The eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The eligible offender is required
to report periodically
to a person designated by the
court or parole board. (3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (T) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (U) "Jail" means a jail, workhouse,
minimum security jail,
or other residential facility
used for the confinement of alleged
or convicted offenders that
is operated by a political subdivision
or a combination of
political subdivisions of this state. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OMVI offense pursuant
to division (G)(2) of
section 2929.13 and division (A)(4) or (8) of
section 4511.99 of
the Revised Code. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses; (ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to a felony. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OMVI offense" means a violation
of division (A) of section
4511.19 of the Revised
Code that, under
section 4511.99 of
the Revised
Code, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OMVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division (A)(4) or (8) of section 4511.99
of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony OMVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
section 4511.99 of the Revised Code, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2957.28 of the Revised Code. (RR)(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
Sec. 2929.12. (A) Unless otherwise required by section
2929.13 or
2929.14 of the Revised Code, a court that
imposes a
sentence under this chapter upon an offender for a felony has
discretion to determine
the most effective way to comply with the
purposes and principles of
sentencing set forth in section 2929.11
of the Revised
Code. In exercising that discretion, the court
shall
consider the factors set forth in divisions (B) and
(C) of
this section relating to the seriousness of the
conduct and the
factors provided in divisions (D) and
(E) of this section relating
to the likelihood of the
offender's recidivism and, in addition,
may consider
any other factors that are relevant to achieving
those purposes and principles
of sentencing. (B) The sentencing court shall consider all of
the following
that apply regarding the offender, the offense, or the victim,
and
any other relevant factors, as indicating that the offender's
conduct is
more serious than conduct normally
constituting the
offense: (1) The physical or mental injury suffered by the
victim of
the offense due to the conduct of the offender was
exacerbated
because of the physical or mental condition or age of
the victim. (2) The victim of the offense suffered serious
physical,
psychological, or economic harm as a result of the
offense. (3) The offender held a public office or position of
trust
in the community, and the offense related to that office or
position. (4) The offender's occupation, elected office, or
profession
obliged the offender to prevent the offense or bring
others
committing it to justice. (5) The offender's professional reputation or
occupation,
elected office, or profession was used to facilitate
the offense
or is likely to influence the future conduct of
others. (6) The offender's relationship with the victim
facilitated
the offense. (7) The offender committed the offense for hire or as a
part
of an organized criminal activity. (8) In committing the offense, the offender was
motivated by
prejudice based on race, ethnic background, gender, sexual
orientation, or religion. (9) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who
was a family or household member at
the time of the violation, the offender
committed the offense in
the vicinity of one or more children who are
not victims of the
offense, and the offender or the victim of the offense is a
parent, guardian, custodian, or person in loco parentis of one or
more of
those children. (C) The sentencing court shall consider all of the
following
that apply regarding the offender, the offense, or the victim, and
any other relevant factors, as indicating that the offender's
conduct is less
serious than conduct normally constituting the
offense: (1) The victim induced or facilitated the offense. (2) In committing the offense, the offender acted under
strong provocation. (3) In committing the offense, the offender did not
cause or
expect to cause physical harm to any person or property. (4) There are substantial grounds to mitigate the
offender's
conduct, although the grounds are not enough to
constitute a
defense. (D) The sentencing court shall consider all of the
following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the
offender is likely to commit future
crimes: (1) At the time of committing the offense, the offender
was
under release from confinement before trial or sentencing,
under a
sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18
of the Revised Code, or under
post-release control pursuant to
section 2967.28 or
any other provision of the Revised Code for an
earlier offense
or had been unfavorably terminated from
post-release control for a prior offense pursuant to division (B)
of section 2967.16 or section 2929.141 of the Revised Code. (2) The offender previously was adjudicated a
delinquent
child pursuant to Chapter 2151. of the
Revised Code prior to
the
effective date of this amendment
January 1, 2002, or pursuant to
Chapter 2152. of the Revised Code, or the offender has a history
of criminal convictions. (3) The offender has not been rehabilitated to a
satisfactory degree after previously being adjudicated a
delinquent child pursuant to Chapter 2151. of the
Revised Code
prior to
the effective date of this amendment
January 1, 2002, or
pursuant to
Chapter 2152. of the Revised Code, or the offender has
not
resonded
responded
favorably to sanctions previously imposed
for
criminal
convictions. (4) The offender has demonstrated a pattern of drug or
alcohol abuse that is related to the offense, and the offender
refuses to
acknowledge that the offender has demonstrated that
pattern, or the
offender refuses treatment for the drug or alcohol
abuse. (5) The offender shows no genuine remorse for the offense. (E) The sentencing court shall consider all of the
following
that apply regarding the offender, and any other relevant factors,
as factors indicating that the offender is not likely to commit
future crimes: (1) Prior to committing the offense, the offender had not
been
adjudicated a delinquent child. (2) Prior to committing the offense, the offender had not
been
convicted of or pleaded guilty to a criminal offense. (3) Prior to committing the offense, the offender had
led a
law-abiding life for a significant number of years. (4) The offense was committed under circumstances
not
likely to recur. (5) The offender shows genuine remorse for the offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory prison term required for
the offense by
division (G)(1)
or (2) of this section, the
court shall impose upon the offender a
mandatory fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is applicable: (1) For a fourth degree felony OMVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code; (2) For a third or fourth degree felony OMVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender
at the time of the offense was serving, or
the offender previously
had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings: (1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism. (2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation. (2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
by force
when the victim is under thirteen years of age; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age; (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses; (7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code; (8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree; (11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OMVI
offense or for a third degree felony OMVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OMVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days as specified
in division (A)(4) of section 4511.99 of
the Revised Code or a
mandatory term of local incarceration of one hundred
twenty days
as specified in division (A)(8) of that section. The court
shall
not reduce the term pursuant to
section 2929.20, 2967.193, or any
other provision of the Revised
Code. The court that imposes a
mandatory term of local incarceration
under this division shall
specify whether the term is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility, and the
offender shall serve the
term in the type of facility specified
by the court. A mandatory
term of local incarceration imposed
under division (G)(1) of this
section is not subject to extension
under section 2967.11 of the
Revised Code, to a period of post-release control
under section
2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term. (2) If the offender is being sentenced for a third
degree
felony OMVI offense,
or if the offender is being sentenced for a
fourth degree felony OMVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of sixty days as specified in division (A)(4)
of
section 4511.99 of the Revised Code
or a mandatory prison term of
one hundred twenty days as specified in division
(A)(8) of that
section. The court shall not reduce the term pursuant
to section
2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section for a
fourth degree felony OMVI offense be
sentenced to another mandatory
term of local incarceration under
that division for any violation of division
(A) of section 4511.19
of the Revised Code. The court shall not sentence the
offender to
a
community control sanction under section 2929.16 or 2929.17 of
the Revised
Code. The department of rehabilitation and correction
may place an offender
sentenced to a mandatory prison term under
this division in an intensive
program prison established pursuant
to section 5120.033 of the Revised
Code if the department gave the
sentencing judge prior notice of its intent to
place the offender
in an intensive program prison established under that
section and
if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code that is privately operated
and managed by a
contractor pursuant to a contract entered into under section
9.06
of the Revised Code, both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender
and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
the
one or more
of the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
chapter
Chapter 2967. or
chapter
Chapter 5120. of the
Revised Code. A court shall not impose more
than one prison term
on an offender under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an additional prison
term under division (D)(1)(a)
or (c)
of this section, the
court is not precluded from imposing
an additional prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
or if the court imposing sentence upon an offender for
a felony
finds that the offender is guilty
of corrupt activity with the
most serious offense in the pattern
of corrupt activity being a
felony of the first degree or is guilty of
an attempted forcible
violation of section 2907.02 of the Revised Code with
the victim
being under
thirteen years of age and that attempted violation is
the felony
for which sentence is being imposed, the court shall
impose upon
the offender for the felony violation a ten-year
prison term that
cannot be reduced pursuant to section 2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of section
2929.13 of the Revised
Code,
the sentencing court shall impose
upon the offender a mandatory prison term in
accordance with that
division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison
term of any
duration specified in division (A)(3) of this section
minus the sixty or one
hundred twenty days imposed upon the
offender as the mandatory prison term.
The total of the
additional prison term imposed under division (D)(4) of this
section
plus the sixty or one hundred twenty days imposed as the
mandatory prison term
shall equal one of
the authorized prison
terms specified in division (A)(3) of this section. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code or if a prison term is
imposed for a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
The
At least two of the multiple offenses were committed
as part of one or more courses of conduct, and the harm caused by
two or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
a single course
any of the courses of conduct
adequately reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
shall determine if
an
offender is eligible for placement in a program of shock
incarceration under
section 5120.031 of the Revised Code or is
eligible for placement in an intensive program
prison under
section 5120.032 of the Revised Code. The court may recommend the
offender for
placement in a program of shock incarceration, if
eligible,
under section 5120.031 of the Revised Code or for
placement
in an intensive program prison, if eligible
under
section 5120.032 of the Revised Code, disapprove placement of the
offender in a program of shock incarceration or
in an intensive
program
prison, regardless of eligibility
of that nature, or make
no recommendation on placement of
the offender.
In no case shall
the department of rehabilitation and correction place the offender
in a program or prison of that nature unless the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
approves
recommends placement of the offender in
a program of shock
incarceration or in an intensive program
prison,
the department shall notify
the court
and if the offender
is subsequently placed in the recommended program or
prison, the
department shall notify the court of the placement and shall
include with the notice a brief description of the placement. If the court
approves
recommends placement of the offender in
a program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
eligible offender
and if the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2929.141. A releasee who by committing a felony
violates
any post-release control sanction or any conditions
described in
division (A) of section 2967.131 of the Revised Code
that are
imposed upon the releasee may be prosecuted for the new
felony.
Upon conviction of the releasee for the new felony, the
court may
terminate the term of post-release control and may do
either or
both of the following regardless of whether the
sentencing court
or another court of this state imposed the
original prison term
for which the releasee is serving a term of
post-release control: (A) In addition to any prison term for the new felony,
impose a prison term for the violation that is no greater than the
maximum allowed under this division. The maximum prison term for
the violation shall be the greater of twelve months or the period
of post-release control for the offense minus any time the
releasee has spent under post-release control for the earlier
felony. Any prison term imposed for the violation shall be
reduced by any prison term that is administratively imposed by the
parole board or adult parole authority as a post-release control
sanction. A prison term imposed for the violation shall be served
consecutively to any prison term imposed for the new felony. (B) Impose a sanction under sections 2929.15 to 2929.18 of
the Revised Code for the violation that shall be served
concurrently with any community control sanctions for the new
felony.
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. (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)
If the
The sentencing court
determines at the sentencing
hearing
that an offender is eligible for placement in a program of
shock incarceration
under section 5120.031 of the Revised Code or
in an intensive program prison
under section
5120.032 of the
Revised Code, the court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of the
offender in a program of
shock incarceration
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.
The
If the court
recommends or disapproves
placement, it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.20. (A) As used in this section,
"eligible
offender" means any person serving a stated prison term of ten
years or less when either of the following applies: (1) The stated
prison term does not include a mandatory
prison term. (2) The stated prison term includes a mandatory
prison term,
and the person has served the
mandatory prison term. (B) Upon the filing of a motion by the eligible
offender or
upon its own motion, a sentencing court may reduce
the offender's
stated prison term through a judicial
release in accordance with
this section. The court shall not reduce the
stated prison term
of an offender who is not an eligible offender.
An eligible
offender
may file a
motion for judicial release with the
sentencing court within the
following applicable period of time: (1)(a) Except as otherwise provided in division
(B)(1)(b) or
(c) of this section,
if the stated prison term
was imposed for a
felony of the fourth or fifth degree, the
eligible offender may
file the motion not earlier than
thirty
days or later than ninety
days after the offender is delivered to a state
correctional
institution. (b) If the stated prison term is five years and is an
aggregate of
stated prison terms that are being served
consecutively and that were imposed
for any combination of
felonies of the fourth degree and felonies of the fifth
degree,
the eligible offender may file the motion after the eligible
offender
has served four years of the stated prison term. (c) If the stated prison term is more than five years and
less
not more
than ten years and is an aggregate of stated prison
terms that are being
served
consecutively and that were imposed
for any combination of felonies of the
fourth degree and felonies
of the fifth degree, the eligible offender may file
the motion
after the eligible offender has served five years of the stated
prison term. (2) Except as otherwise provided in division (B)(3) or (4)
of
this section, if the stated prison term
was imposed for a
felony of the first, second, or third degree,
the eligible
offender may file the motion not earlier than
one
hundred eighty
days after the offender is delivered to a state correctional
institution. (3) If the stated prison term is five years, the eligible
offender may
file the motion after the eligible offender has
served four years of the
stated prison term. (4) If the stated prison term is more than five years and
less
not more
than
ten
years, the eligible offender may file the
motion after the
eligible offender
has served five years of the
stated prison term. (5) If the offender's
stated prison term includes a
mandatory prison
term, the offender shall file the
motion within
the time authorized under division (B)(1), (2),
(3), or (4) of
this
section for the
nonmandatory portion of the prison term, but
the time
for filing the motion does not begin to run until after
the expiration of
the mandatory portion of the prison term. (C) Upon receipt of a timely motion for
judicial release
filed by an eligible offender under division
(B) of this section
or upon the sentencing court's own
motion made within the
appropriate time period specified in that
division, the court may
schedule a hearing on the motion. The
court may deny the motion
without a hearing but shall not grant
the motion without a
hearing. If a court denies
a motion without a hearing, the court
may
consider a subsequent
judicial release for that eligible
offender on its own motion
or a
subsequent motion filed by that
eligible
offender. If a court denies a motion after a hearing,
the court shall
not
consider a subsequent motion for that eligible
offender. The court shall
hold only one hearing for any eligible
offender. A hearing under this section shall be conducted in open court
within sixty days after the date on which the motion is filed,
provided that the court may delay the hearing for a period not to
exceed one hundred eighty additional days. If the court
holds a
hearing on the motion, the court shall enter a
ruling
on the
motion within ten days after the hearing. If the court
denies the
motion without a hearing, the court shall enter its
ruling on the
motion within sixty days after the motion is filed. (D) If a court schedules a hearing under division (C) of
this
section, the court
shall notify the eligible offender of the
hearing. The eligible offender promptly shall give a copy
of
the
notice of the hearing to the head of the state
correctional
institution in which the eligible offender is confined. If the
court schedules a hearing for judicial release,
the court promptly
shall give notice of the hearing to the
prosecuting attorney of
the county in which the eligible offender
was indicted. Upon
receipt of the notice from the court, the
prosecuting attorney
shall notify the victim of the offense for
which the stated prison
term was imposed or the victim's
representative, pursuant to
section 2930.16 of the
Revised Code, of the hearing. (E) Prior to the date of the hearing on a
motion for
judicial release under this section, the head of the
state
correctional institution in which the eligible
offender in
question is confined shall send to the court a report
on the
eligible offender's conduct in the institution and in any
institution from which the eligible offender may have been
transferred. The report shall cover the eligible offender's
participation in school, vocational training, work, treatment,
and
other rehabilitative activities and any disciplinary action
taken
against the eligible offender. The report shall be made
part of
the record of the hearing. (F) If the court grants a hearing on a motion
for judicial
release under this section, the eligible offender
shall attend the
hearing if ordered to do so by the court. Upon
receipt of a copy
of the journal entry containing the order, the
head of the state
correctional institution in which the
eligible offender is
incarcerated shall deliver the eligible
offender to the sheriff of
the county in which the hearing is to
be held. The sheriff shall
convey the eligible offender to the
hearing and return the
offender to the institution after the
hearing. (G) At the hearing on a motion for judicial
release under
this section, the court shall afford the eligible
offender and the
eligible offender's attorney an
opportunity to
present written
information relevant to the
motion and shall afford the eligible
offender, if present, and the eligible
offender's attorney an
opportunity to present oral information relevant
to the motion.
The court shall afford a similar opportunity to the
prosecuting
attorney, the victim or the victim's representative,
as defined in
section 2930.01 of the Revised
Code, and any other person the
court determines is
likely to present additional relevant
information. The court
shall consider any statement of a victim
made pursuant to section
2930.14 or 2930.17 of the Revised Code,
any
victim impact statement prepared pursuant to section 2947.051
of
the Revised Code, and any report made under division (E) of
this section. After ruling on the motion,
the court shall notify
the victim of the ruling in accordance
with sections 2930.03 and
2930.16 of the Revised
Code. (H)(1) A court shall not grant a judicial
release under this
section to an eligible offender who is
imprisoned for a felony of
the first or second degree, or to an
eligible offender who
committed an offense contained in
Chapter 2925. or 3719. of the
Revised
Code and for whom there was a presumption under section
2929.13 of the Revised Code in favor of a prison
term, unless the
court, with reference to factors
under section 2929.12 of the
Revised Code, finds both
of the following: (a) That a sanction other than a prison term
would
adequately punish the offender and protect
the public from future
criminal
violations by the eligible offender because the
applicable factors
indicating a lesser likelihood of recidivism
outweigh the
applicable factors indicating a
greater likelihood of
recidivism; (b) That a sanction other than a prison term
would not
demean the seriousness of the offense because factors
indicating
that
the eligible offender's conduct in
committing the offense was
less serious than conduct normally constituting the
offense
outweigh factors
indicating that the eligible offender's conduct
was more serious than conduct
normally constituting the offense. (2) A court that grants a judicial release to an
eligible
offender under division (H)(1) of this section
shall specify on
the record both findings required in that
division and also shall
list all the factors described in that
division that were
presented at the hearing. (I) If the court grants a motion for judicial
release under
this section, the court shall order the release of
the eligible
offender, shall place the eligible offender under an appropriate
community control
sanction, under appropriate
community control
conditions, and under the
supervision of the department of
probation
serving the court, and shall reserve the right to
reimpose the sentence that
it reduced pursuant to the judicial
release if the offender violates the
sanction. If the court
reimposes the reduced sentence pursuant to this
reserved right, it
may do so either concurrently with, or consecutive to, any
new
sentence imposed upon the eligible offender as a result of the
violation
that is a new offense.
The period of the community
control sanction
shall be
no longer than five years. The court,
in its
discretion, may reduce the period of the community control
sanction by the
amount of time the eligible
offender spent in jail
for the offense and in prison. If the
court made any findings
pursuant to division (H)(1) of
this section, the court shall serve
a copy of the findings upon
counsel for the parties within fifteen
days after the date on
which the court grants the motion for
judicial release. Prior to being released pursuant to a judicial release
granted under this section, the eligible offender shall serve any
extension of sentence that was imposed under section 2967.11 of
the Revised Code.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal
offense and the court
has reason to believe that drug or
alcohol usage by the offender
was a factor leading to the
offender's criminal behavior, the
court may accept, prior to the
entry of a guilty plea, the
offender's request for intervention in
lieu of conviction.
The request shall include a waiver
of the
defendant's right to a speedy trial, the preliminary
hearing, the
time period within which the grand jury may
consider an indictment
against the offender, and arraignment,
unless the hearing,
indictment, or arraignment has already
occurred.
The
court may
reject an offender's request without a hearing. If
the court
elects to consider an offender's request, the court
shall conduct
a hearing to determine whether the offender is
eligible under this
section for intervention in lieu of
conviction and shall stay all
criminal proceedings pending the
outcome of the hearing. If the
court schedules a hearing, the
court shall order an assessment of
the offender for the purpose
of determining the offender's
eligibility for intervention in
lieu of conviction and
recommending an appropriate intervention
plan. (2) The victim notification provisions of division
(C) of
section 2930.08 of the
Revised Code apply in relation to any
hearing held under division
(A)(1) of this section. (B)(1) An offender is
eligible for intervention in lieu of
conviction if the court
finds all of the following: (1)(a) The offender previously has not been convicted of or
pleaded guilty to a felony, previously has not been through
intervention in lieu of conviction under this section or any
similar regimen, and is charged with a felony for which the
court,
upon conviction, would impose sentence under division
(B)(2)(b)
of
section 2929.13 of the
Revised Code or with a
misdemeanor. (2)(b) The offense is not a felony of the first, second, or
third
degree, is not an offense of violence, is not a violation of
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is
not a
violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a
violation of division (A) of
section
4511.19 of the Revised Code or a municipal ordinance
that is
substantially similar to that division, and is not an
offense for
which a sentencing court is required to impose a
mandatory prison
term, a mandatory term of local incarceration,
or a mandatory term
of imprisonment in a jail. (3)(c) The offender is not charged with a violation of
section 2925.02, 2925.03, 2925.04,
or 2925.06, or
of the Revised
Code and is not charged with a violation of section 2925.11 of the
Revised Code that is a felony of the
first, second, or third
degree. (4)(d) The offender is not charged with a violation of
section 2925.11 of the Revised Code that is a felony of the
fourth
degree, or the offender is charged with a violation of
that
section that is a felony of the fourth degree, and the
prosecutor
in the case has recommended that the offender be
classified as
being eligible for intervention in lieu of
conviction under this
section. (5)(e) The offender has been assessed by an appropriately
licensed provider, certified facility, or licensed and
credentialed professional, including, but not limited to, a
program licensed by the department of alcohol and drug addiction
services pursuant to section 3793.11 of the
Revised Code, a
program certified by
that department pursuant to section 3793.06
of the
Revised Code, a public or private
hospital, the United
States department of veterans
affairs, another appropriate agency
of the government of the
United States, or a licensed
physician,
psychiatrist, psychologist, independent social
worker,
professional counselor, or chemical dependency
counselor for the
purpose of determining the offender's eligibility for
intervention
in lieu of conviction and recommending an appropriate
intervention
plan. (6)(f) The offender's drug or alcohol usage was a factor
leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity. (7) The alleged victim of the offense was not sixty-five
years of age
or older, permanently and totally disabled, under
thirteen years of age,
or a peace officer engaged in the officer's
official duties at the time of the
alleged offense. (8) If the offender is charged with a violation of section
2925.24 of the
Revised Code, the alleged violation did not result
in physical harm to any
person, and the offender previously has
not been treated for drug abuse. (9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division
(D) of this
section. (C)(2) At the conclusion of
a hearing held pursuant to
division
(A) of this section, the court
shall enter its
determination as to whether the offender is
eligible for
intervention in lieu of conviction and as to
whether to grant the
offender's request. If the court finds
under division (B)(1) of
this section that the offender is eligible for
treatment
intervention in lieu of conviction and grants the
offender's
request,
the court shall accept the offender's plea of guilty and
waiver
of the defendant's right to a speedy trial, the preliminary
hearing, the time period within which the grand jury may
consider
an indictment against the offender, and arraignment,
unless the
hearing, indictment, or arraignment has already
occurred. In
addition, the court then may stay all criminal
proceedings and
order the offender to comply with all terms and
conditions imposed
by the court pursuant to division
(D) of this section. If the
court finds that the offender is not eligible or does not grant
the offender's request, the criminal proceedings against the
offender shall proceed as if the offender's request for
intervention in lieu of conviction had not been made. (D) If the court grants
an offender's request for
intervention in lieu of conviction,
the court shall place the
offender under the general control and
supervision of the county
probation department, the adult parole
authority, or another
appropriate local probation or court
services agency, if one
exists, as if the offender was subject
to a community control
sanction imposed under section 2929.15 or
2929.18 of the Revised
Code or was on probation under
sections 2929.51 and 2951.02 of the
Revised Code and other provisions of
the misdemeanor sentencing
law. The court shall establish an
intervention plan for the
offender. The terms and conditions of
the intervention plan shall
require the offender, for at least
one year from the date on which
the court grants the order of
intervention in lieu of conviction,
to abstain from the use of
illegal drugs and alcohol and to submit
to regular random
testing for drug and alcohol use and may include
any other
treatment terms and conditions, or terms and conditions
similar
to community control sanctions, that are ordered by the
court. (E) If the court grants
an offender's request for
intervention in lieu of conviction and
the court finds that the
offender has successfully completed the
intervention plan for the
offender, including the requirement
that the offender abstain from
using drugs and alcohol for a
period of at least one year from the
date on which the court
granted the order of intervention in lieu
of conviction and all
other terms and conditions ordered by the
court, the court shall
dismiss the proceedings against the
offender. Successful
completion of the intervention plan and
period of abstinence
under this section shall be without
adjudication of guilt and is
not a criminal conviction for
purposes of any disqualification
or disability imposed by law and
upon conviction of a crime, and
the court may order the sealing of
records related to the
offense in question in the manner provided
in sections 2953.31
to 2953.36 of the Revised
Code. (F) If the court grants
an offender's request for
intervention in lieu of conviction and
the offender fails to
comply with any term or condition imposed
as part of the
intervention plan for the offender, the
supervising authority for
the offender promptly shall advise the
court of this failure, and
the court shall hold a hearing to determine whether
the offender
failed to comply with any term or condition imposed
as part of the
plan. If the court determines that the offender
has failed to
comply with any of those terms and conditions, it
shall enter a
finding of guilty and shall impose an appropriate
sanction under
Chapter 2929.
of the
Revised Code. (G) As used in this
section: (1) "Community control sanction" has the same meaning as
in
section 2929.01 of the
Revised Code. (2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this
section. (3) "Peace officer" has the same meaning as in section
2935.01 of the
Revised Code.
Sec. 2967.16. (A) Except as provided in division (D) of
this section, when a
paroled prisoner has faithfully
performed the
conditions and obligations of the paroled prisoner's parole and
has obeyed the rules and regulations adopted by the adult parole
authority that apply to the paroled prisoner, the authority upon
the
recommendation of the superintendent of parole supervision may
enter upon its minutes a final release and thereupon shall issue
to the paroled prisoner a certificate of final release, but
the
authority shall not grant a final release
earlier than one year
after the paroled prisoner is released from the
institution on
parole, and, in the
case of a paroled prisoner whose minimum
sentence is life imprisonment, the
authority shall not grant a
final release earlier than five years after the
paroled prisoner
is released from the institution on parole. (B)(1) When a prisoner who has been released under a period
of post-release
control pursuant to section 2967.28 of the Revised
Code has faithfully
performed the
conditions and obligations of
the released prisoner's post-release control
sanctions and has
obeyed
the rules and regulations adopted by the adult parole
authority that apply to
the released prisoner
or has the period of
post-release control terminated by a court pursuant to section
2929.141 of the Revised Code, the authority, upon the
recommendation of the
superintendent of parole
supervision, may
enter upon its minutes a final release and, upon the entry of
the
final release, shall issue to the released prisoner a certificate
of final
release.
In the case of a prisoner who has been released
under a period
of post-release control pursuant to division (B) of
section 2967.28
of the Revised Code, the authority shall not grant
a final release earlier than one year
after the
released prisoner
is released from the institution under a period of
post-release
control.
The authority shall classify the termination of
post-release control as favorable or unfavorable depending on the
offender's conduct and compliance with the conditions of
supervision. In the case of a released prisoner
whose sentence is
life
imprisonment,
the authority shall not grant a final release
earlier than five years after
the released prisoner is released
from the institution under a period of
post-release control.
(2) The department of rehabilitation and correction, no
later than six months after the effective date of this section
shall adopt a rule in accordance with Chapter 119. of the Revised
Code that establishes the criteria for the classification of a
post-release control termination as "favorable" or "unfavorable." (C) The following prisoners or person shall be restored to
the rights and
privileges forfeited
by a conviction: (1) A prisoner who has served the entire prison term
that
comprises or is part of the prisoner's sentence and
has not been
placed under any post-release control sanctions; (2) A prisoner who has been granted a final release by the
adult
parole authority pursuant to division (A) or (B) of this
section; (3) A person who has completed the period of a community
control sanction
or
combination of community control sanctions, as
defined in section 2929.01
of the Revised Code, that was imposed
by the sentencing court. (D) Division (A) of this section does not apply to a
prisoner in the shock incarceration program established pursuant
to section
5120.031 of the Revised Code. (E) The adult parole authority shall record the final
release of a
parolee or prisoner in the official minutes of the
authority.
Sec. 2967.28. (A) As used in this section: (1) "Monitored time" means the monitored time
sanction
specified in section 2929.17 of the Revised
Code. (2) "Deadly weapon" and "dangerous
ordnance" have the same
meanings as in section 2923.11 of
the Revised Code. (3) "Felony sex offense" means a violation of a section
contained in
Chapter 2907. of the Revised Code that is a felony. (B) Each sentence to a prison term for a felony
of the first
degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree
that is not a felony
sex offense and in the commission of which the offender
caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's
release from imprisonment. Unless reduced by the
parole board
pursuant to division (D) of this section when
authorized under that
division, a period of
post-release control
required by this division for an offender shall be of one
of the
following periods: (1) For a felony of the first degree or for a felony sex
offense, five
years; (2) For a felony of the second degree that is not a felony
sex offense,
three years; (3) For a felony of the third degree that is not a felony
sex
offense and in the commission of which the offender caused or
threatened
physical harm to a person, three years. (C) Any sentence to a prison term for a felony
of the third,
fourth, or
fifth degree that is not subject to division (B)(1) or
(3) of this
section shall include a requirement that the offender
be
subject to a period of post-release control of up to three
years
after the offender's release from imprisonment, if the
parole board, in
accordance with division (D) of this section,
determines that a
period of post-release control is necessary for
that offender. (D)(1) Before the prisoner is released from
imprisonment,
the parole board
shall impose upon a prisoner
described in
division (B) of this section, may impose
upon a prisoner described
in division (C) of this
section, and shall impose upon a prisoner
described in division
(B)(2)(b) of section 5120.031 or in division
(B)(1) of section 5120.032 of the Revised
Code, one or more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board
imposes one or
more post-release control sanctions upon a prisoner, the board,
in
addition to imposing the sanctions, also shall include as a
condition of
the post-release control that the individual or felon
not
leave the state without permission of the court or the
individual's or felon's
parole or probation officer and that the
individual or felon abide by the
law. The board may impose any
other
conditions of release under a post-release control sanction
that the board
considers appropriate, and the conditions of
release may include any
community residential sanction, community
nonresidential sanction, or
financial sanction that the sentencing
court was authorized to impose pursuant
to sections 2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the release of
a prisoner for whom it will impose one or more post-release
control sanctions under this division, the parole board shall
review the
prisoner's
criminal history, all
juvenile court
adjudications finding the prisoner, while a juvenile, to be a
delinquent child, and the record of the prisoner's conduct while
imprisoned. The parole board shall consider any recommendation
regarding
post-release control sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board shall
determine, for a prisoner described in
division (B) of
this section, division (B)(2)(b) of
section
5120.031, or division (B)(1) of section 5120.032
of the Revised
Code, which post-release control
sanction or combination of
post-release control sanctions is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control sanction is necessary and,
if so, which post-release
control sanction or combination of
post-release control sanctions
is reasonable under the
circumstances. In the case of a prisoner convicted of
a felony of
the fourth
or fifth degree other than a felony sex offense, the
board shall presume that
monitored time is the appropriate
post-release control sanction unless the
board determines that a
more restrictive sanction is
warranted. A post-release control
sanction imposed under this
division takes effect upon the
prisoner's release from
imprisonment. (2) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority may
review
the releasee's behavior under the post-release control
sanctions
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the
standards
established under division (E) of this section, that a
more
restrictive or a
less restrictive sanction is appropriate and
may impose a
different sanction. Unless the period of
post-release control was imposed for
an offense described in
division (B)(1) of this section, the
authority also may recommend
that the parole board reduce the
duration of the period of
post-release control imposed by the
court. If the authority
recommends that the board
reduce the duration of control for an
offense described in division
(B)(2), (B)(3), or (C) of this
section, the board
shall review the
releasee's behavior and may
reduce the duration of the period of
control imposed by the court.
In no case shall the board reduce the duration
of the period of
control imposed by the court for an offense described in
division
(B)(1) of this section, and in no case shall the board
permit the
releasee to leave the
state without permission of the court or the
releasee's parole or probation
officer. (E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following: (1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees; (2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control; (3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions; (4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section; (5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following: (a) Classify violations according to the degree of
seriousness; (b) Define the circumstances under which formal
action by
the parole board is warranted; (c) Govern the use of evidence at violation hearings; (d) Ensure procedural due process to an alleged violator; (e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations; (f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control. (F)(1) If a post-release control sanction is imposed upon an
offender under
this section,
the offender upon release from
imprisonment shall be under the general
jurisdiction of the
adult
parole authority and generally shall be supervised by the
parole
supervision section through its staff of parole and field
officers
as described in section 5149.04 of the Revised
Code, as if the
offender had been
placed on parole. If the offender upon release
from imprisonment violates the
post-release control sanction or
any
conditions described in
division (A) of section 2967.131 of
the Revised Code that are imposed on
the offender, the public or
private
person or entity that
operates or administers the sanction
or the program or activity
that comprises the sanction shall
report the violation directly
to the adult parole authority or to
the officer of the authority
who supervises the offender. The
authority's officers may treat
the offender as if the offender
were on parole and in violation of the
parole, and otherwise shall
comply with this section. (2) If the adult parole authority determines that a
releasee
has violated a post-release control sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a more restrictive sanction is
appropriate,
the authority may impose a more restrictive sanction
upon the
releasee, in accordance with the standards established
under
division (E) of this section,
or may report the violation to
the parole board for a hearing
pursuant to division (F)(3) of
this
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control or
impose as a post-release control sanction a
residential sanction
that includes a prison term,
but the authority may impose on the
releasee any other residential
sanction, nonresidential sanction,
or financial sanction that the sentencing
court was authorized to
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised Code. (3) The parole board may hold a hearing on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section 2967.131 of the
Revised Code that are imposed upon the
releasee. If after the
hearing the
board finds that
the releasee violated the sanction or
condition, the board
may increase the
duration of the releasee's
post-release control up to the maximum
duration authorized by
division (B) or (C) of
this section or impose a more restrictive
post-release control
sanction.
When appropriate, the board may
impose as a
post-release control sanction a residential sanction
that
includes a prison term.
The board shall consider a prison
term as a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
The period of a prison term that
is
imposed as a post-release
control sanction under this division shall not
exceed nine months,
and the maximum cumulative prison term for all
violations under
this division shall not exceed one-half
of the stated prison
term
originally imposed upon the offender as part of this sentence.
The
period of a prison term that is imposed as a
post-release
control
sanction under this division shall not count as, or be
credited
toward, the remaining period of post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board, plus
one-half of the total stated prison term of the new felony. (4)
A parolee or releasee who has violated any condition of
parole,
any post-release
control sanction, or any
conditions
described in division
(A) of section 2967.131 of the Revised Code
that are imposed upon the
releasee by
committing a felony may be
prosecuted for the new felony, and, upon conviction, the court
shall impose sentence for the new felony. In addition to the
sentence imposed for the new felony, the court may impose a
prison
term for the violation, and the term imposed for the violation
shall be
reduced by any prison term that is administratively
imposed
by the parole
board or adult parole authority as a
post-release control sanction.
If the person is a releasee, the
maximum prison term for the
violation shall be either
the maximum
period of post-release control for the earlier felony under
division
(B) or (C) of this section minus any time the
releasee
has spent under post-release control for the earlier
felony or
twelve months, whichever is greater. A prison term
imposed for
the violation shall be served consecutively to any
prison term
imposed for the new felony. If the person is a
releasee, a prison
term imposed
for the violation, and a prison term imposed for the
new felony, shall not
count as, or be credited toward, the
remaining period of post-release control
imposed for the earlier
felony. (5) Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving an
indefinite prison term or a life sentence in addition
to a stated prison term,
the offender shall serve the period of
post-release control in the following
manner:
(a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive credit for post-release control
supervision during the
period of parole. The offender is not eligible for
final release
under section 2967.16 of the Revised Code until
the post-release
control period
otherwise would have ended. (b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period. (c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board. Periods of
post-release control shall be
served concurrently and shall not be
imposed consecutively to each other. (d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board.
Sec. 3719.21. Except as provided in division (C) of section
2923.42, division (B)(5) of section 2923.44, divisions
(D)(1),
(F), and (H) of section 2925.03, division (D)(1) of
section
2925.02, 2925.04, or 2925.05, division (E)(1) of section
2925.11,
division (F) of section 2925.13
or, division (E) of section
2925.36, division
(D) of section 2925.22, division (H) of section
2925.23, division (M)
of section 2925.37, division (B)(5) of
section 2925.42, division
(B) of section 2929.18, division (D) of
section 3719.99,
division (B)(1) of section 4729.65, and division
(E)(3)
of section 4729.99 of the Revised Code, the clerk of the
court
shall pay all fines or forfeited bail assessed and collected
under
prosecutions or prosecutions commenced for violations of
this chapter,
section 2923.42 of the Revised Code, or Chapter
2925. of the Revised Code,
within thirty days, to the executive
director of the state board of pharmacy,
and the executive
director shall deposit the fines into the state
treasury to the
credit of the occupational licensing and regulatory fund.
Sec. 4723.09. (A)(1) An application for licensure by
examination
to practice as a registered nurse or as a licensed
practical
nurse shall be submitted to the board of nursing in the
form
prescribed by rules of the board. The application shall
include
evidence that the applicant has completed requirements of
a
nursing education program approved by the board or approved by
another jurisdiction's board that regulates nurse licensure. The
application also shall include
any other information required by
rules of the board. The application shall be accompanied by the
application fee required by section 4723.08 of the Revised Code.
(2) The board shall grant a license to practice nursing as a
registered nurse or as a licensed practical nurse if
the
all of
the following apply:
(a) The applicant
passes the examination accepted by the
board under section
4723.10
of the Revised Code
and the. (b) The applicant submits the results of a criminal records
check completed by the bureau of criminal identification and
investigation that includes a check of federal bureau of
investigation records. (c) The criminal records check submitted by the applicant
indicates that the applicant has not been convicted of, has not
pleaded guilty to, and has not had a judicial finding of guilt for
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the
Revised Code or a substantially similar law of another state, the
United States, or another country. (d) The board determines that
the applicant
has not committed
any act that is grounds for
disciplinary action
under section
3123.47 or 4723.28 of the Revised
Code, or
determines that an
applicant who has committed
such acts
any act that is grounds for
disciplinary action under either section has made
restitution or
has been rehabilitated, or both.
The
(3) The board is not
required to afford an adjudication to
an individual to
whom
it
has refused
to grant a license because of
that individual's
failure
to pass the
examination. (B) An application for license by endorsement to practice
nursing as a registered nurse or as a licensed practical nurse
shall be submitted to the board in the form prescribed by rules
of
the board and shall be accompanied by the application fee
required
by section 4723.08 of the Revised Code. The application
shall
include evidence that the applicant holds a license in good
standing in another jurisdiction granted after passing an
examination approved by the board of that jurisdiction that is
equivalent
to the examination requirements under this chapter for
a license to practice
nursing as a registered nurse or licensed
practical nurse, and
shall
include other information required by
rules of the board of
nursing. The board shall grant a license by
endorsement if the
applicant is licensed or certified by another
jurisdiction and
the board determines, pursuant to rules
established under section
4723.07 of the Revised Code, that all of
the following apply: (1) The educational preparation of the applicant is
substantially similar
to the minimum curricula and standards for
nursing education programs
established by the board under section
4723.07 of the Revised Code;. (2) The examination, at the time it is successfully
completed, is
equivalent to the examination requirements in effect
at that time for
applicants who were licensed by
examination in
this state;. (3)
The applicant has submitted the results of a criminal
background check completed by the bureau of criminal
identification and investigation that includes a check of federal
bureau of investigation records. (4) The criminal records check submitted by the applicant
indicates that the applicant has not been convicted of, has not
pleaded guilty to, and has not had a judicial finding of guilt for
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the
Revised Code or a substantially similar law of another state, the
United States, or another country. (5) The applicant has not committed any act that is grounds
for
disciplinary action under section 3123.47, 4723.28,
or
4723.281 of the
Revised Code, or
the board determines that an
applicant who
has committed
such acts
any act that is grounds for
disciplinary action under any of those sections has made
restitution or has been
rehabilitated, or both. The board may grant a nonrenewable temporary permit to
practice nursing as a registered nurse or as a licensed practical
nurse to an applicant for license by endorsement if the board is
satisfied by the evidence that the applicant holds a current,
active
license in
good standing in another jurisdiction. The
temporary permit
shall expire at the earlier of one hundred
twenty
eighty
days after
issuance or upon the issuance of a license by
endorsement.
(C) The bureau of criminal identification and investigation
shall conduct a criminal records check of an applicant under this
section if the applicant requests a criminal records check of the
applicant and pays to the bureau a fee for the criminal records
check that the bureau establishes. The fee shall not exceed the
actual cost of conducting the criminal records check. An
applicant requesting a criminal records check under this division
shall ask the superintendent of the bureau of criminal
identification and investigation to also request the federal
bureau of investigation to provide the superintendent with any
information it has with respect to the applicant.
Sec. 4723.28. (A) The board of nursing, by a vote of
a
quorum, may revoke
or may refuse to grant a nursing license,
certificate of
authority, or dialysis technician
certificate
to a
person
found by
the board to have committed fraud in passing an
examination
required to obtain the license, certificate of
authority, or
dialysis technician certificate or to have committed
fraud,
misrepresentation, or
deception in applying for or securing
any
nursing license,
certificate of authority, or dialysis
technician
certificate
issued by the
board. (B)
The
Subject to division (N) of this section, the board of
nursing,
and by a vote of a
quorum, may
impose one or more of the
following sanctions: deny,
revoke,
suspend, or place restrictions
on any nursing
license,
certificate
of authority, or dialysis
technician
certificate issued by
the
board; reprimand or otherwise
discipline a holder of a
nursing
license, certificate of
authority, or dialysis technician
certificate; or impose a fine of
not more than five hundred
dollars
per violation. The sanctions
may be imposed for any of
the
following: (1) Denial, revocation, suspension, or restriction of
authority to
practice a
health
care
occupation, including nursing
or practice
as a dialysis technician, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction; (2) Engaging in the practice of nursing or engaging in
practice as a
dialysis technician, having failed to
renew a
nursing license or dialysis technician certificate
issued under
this chapter, or while a nursing license or dialysis
technician
certificate is under
suspension; (3) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, a misdemeanor committed in
the course of
practice; (4) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in
lieu of conviction for, any felony or of any crime
involving gross
immorality or moral turpitude; (5) Selling, giving away, or administering drugs or
therapeutic devices for
other than legal and legitimate
therapeutic purposes; or conviction of,
a plea of guilty to, a
judicial finding of guilt of, a
judicial finding of guilt
resulting from a plea of no contest to, or a
judicial finding of
eligibility for intervention in lieu of conviction
for, violating
any municipal, state, county, or federal drug law; (6) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in another
jurisdiction that
would
constitute a felony or a crime of moral
turpitude in Ohio; (7) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in the course of
practice in
another
jurisdiction that would constitute a
misdemeanor in Ohio; (8) Self-administering or otherwise taking into the body
any
dangerous drug, as defined in section 4729.01 of the Revised Code,
in any way not in accordance with a legal,
valid
presription
prescription
issued for that individual; (9) Habitual indulgence in the use of controlled
substances,
other habit-forming drugs, or alcohol or other
chemical substances
to an extent that impairs ability to
practice; (10) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use
of
drugs, alcohol, or other chemical
substances that impair the ability to practice; (11) Impairment of the ability to practice according to
acceptable and
prevailing standards of safe nursing care because
of a physical or mental
disability; (12) Assaulting or causing harm to a patient or depriving
a
patient of the means to summon assistance; (13) Obtaining or attempting to obtain money or anything
of
value by intentional misrepresentation or material deception
in
the course of practice; (14) Adjudication by a probate court of being mentally ill
or mentally
incompetent. The board may restore the person's
nursing license or
dialysis technician certificate upon
adjudication
by a probate court of the person's restoration to
competency or
upon submission to the board of other proof of
competency. (15) The suspension or termination of employment by the
department of defense or the veterans administration of the
United
States for any act that violates or would violate this
chapter; (16) Violation of this chapter or any rules adopted under
it; (17) Violation of any restrictions placed on a nursing
license or
dialysis technician certificate by
the board; (18) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code; (19) Failure to practice in accordance with acceptable
and
prevailing standards of safe nursing care or safe dialysis care; (20) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse; (21) In the case of a licensed practical nurse, engaging
in
activities that exceed the practice of nursing as a licensed
practical nurse; (22) In the case of a dialysis technician, engaging in
activities that
exceed those permitted under section 4723.72 of
the Revised Code; (23) Aiding and abetting a person in
that person's practice
of
nursing without a license or practice as a dialysis technician
without a
certificate issued under this chapter; (24) In the case of a certified registered nurse
anesthetist,
clinical nurse specialist,
certified nurse-midwife,
certified nurse practitioner,
or
advanced practice nurse, except
as provided in division (M) of this
section, either of the
following: (a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers such nursing
services, would otherwise be required to pay if the waiver is
used
as an enticement to a patient or group of patients to
receive
health care services from that provider; (b) Advertising that the nurse will waive the payment of all
or
any part of a deductible or copayment that a patient, pursuant
to
a health insurance or health care policy, contract, or plan
that
covers such nursing services, would otherwise be required to
pay. (25) Failure to comply with the terms and conditions of
participation in
the chemical dependency monitoring program
established under section
4723.35 of the Revised Code; (26) Failure to comply with the terms and conditions
required under the
practice intervention and improvement program
established under section
4723.282 of the Revised Code; (27) In the case of a certified registered nurse
anesthetist,
clinical
nurse specialist, certified nurse-midwife,
or certified nurse
practitioner: (a) Engaging in activities that exceed those
permitted for
the nurse's nursing specialty under section 4723.43 of the
Revised
Code; (b) Failure to meet the quality assurance standards
established under section 4723.07 of the
Revised Code. (28) In the case of a clinical nurse specialist,
certified
nurse-midwife, or certified nurse practitioner, failure to
maintain a standard
care arrangement in accordance with section
4723.431 of the
Revised Code or to practice in accordance with the
standard
care arrangement; (29) In the case of a
clinical nurse specialist, certified
nurse-midwife,
or certified nurse practitioner who holds a
certificate to
prescribe issued under section 4723.48 of the
Revised Code, failure to prescribe drugs and
therapeutic devices
in accordance with section 4723.481 of the
Revised Code; (30) Prescribing any drug or device
to perform or induce an
abortion, or otherwise performing or inducing an
abortion; (31) Failure to establish and maintain professional
boundaries with a patient, as specified in rules adopted under
section 4723.07
of the Revised Code; (32) Regardless of whether the contact or verbal behavior
is
consensual, engaging with a patient other than the spouse of the
registered
nurse, licensed practical nurse, or dialysis technician
in any of the following: (a) Sexual contact, as defined in section 2907.01 of the
Revised Code; (b) Verbal behavior that is sexually demeaning to the
patient or
may be reasonably interpreted by the patient as
sexually demeaning. (C) Disciplinary actions taken by the board under divisions
(A)
and (B) of this section shall be taken pursuant to an
adjudication
conducted under Chapter 119. of the Revised Code,
except that in lieu of a hearing,
the board may enter into a
consent agreement with an individual to resolve an
allegation of a
violation of this chapter or any rule adopted under it. A
consent
agreement, when ratified by a vote of a quorum, shall constitute
the
findings and order of the board with respect to the matter
addressed in the
agreement. If the board refuses to ratify a
consent agreement, the admissions
and findings contained in the
agreement shall be of no effect. (D) The hearings of the board shall be conducted in
accordance
with Chapter 119. of the Revised Code, the board may
appoint a hearing examiner, as
provided in section 119.09 of the
Revised Code, to conduct any hearing the board is
authorized
to
hold under Chapter 119. of the Revised Code. In any instance in which the board is required under Chapter
119.
of the Revised Code to give notice of an opportunity for a
hearing and the applicant or
license holder does not make a timely
request for a hearing in accordance with
section 119.07 of the
Revised Code, the board is not required to hold a hearing, but may
adopt, by a vote of a quorum, a final order that contains the
board's
findings. In the final order, the board may order any of
the sanctions listed
in division (A) or (B) of this section. (E) If a criminal action is brought against a registered
nurse,
licensed
practical nurse, or dialysis
technician for an
act
or crime described in divisions (B)(3) to (7)
of this section and
the action is dismissed by the trial court
other than on the
merits, the board shall conduct an
adjudication to determine
whether the
registered nurse, licensed practical nurse, or
dialysis technician
committed the act
on which the action was
based. If the board determines on the
basis of the adjudication
that the registered nurse,
licensed practical nurse, or dialysis
technician committed the act,
or if the registered nurse, licensed
practical nurse,
or dialysis technician fails to participate in
the
adjudication, the
board may take action as though the
registered nurse,
licensed practical nurse, or dialysis technician
had been
convicted of the act. If the board takes action on the basis of a conviction,
plea,
or a judicial
finding as described
in divisions (B)(3) to (7)
of
this section that is overturned on
appeal, the registered
nurse,
licensed practical
nurse, or dialysis technician may, on
exhaustion of the appeal
process, petition the board for
reconsideration of its action.
On receipt of the petition and
supporting court documents, the
board shall temporarily rescind
its action. If the board
determines that the decision on appeal
was a decision on the
merits, it shall permanently rescind its
action. If the board
determines that the decision on appeal was
not a decision on the
merits, it shall conduct an
adjudication
to determine
whether the registered nurse, licensed practical
nurse, or dialysis technician committed the act on which the
original conviction, plea, or judicial finding was
based.
If the
board determines on the basis of the adjudication
that the
registered nurse, licensed practical nurse, or
dialysis technician
committed such act, or if the
registered nurse, licensed practical
nurse, or dialysis technician does
not request an adjudication,
the board shall reinstate
its action;
otherwise, the board shall
permanently rescind its action. Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section. The board shall not be required to
seal, destroy, redact, or
otherwise modify its records to reflect the court's
sealing of
conviction records. (F) The board may investigate an individual's criminal
background
in performing its duties under this section. (G) During the course of an investigation conducted under
this section, the board
may compel any registered nurse,
licensed
practical nurse, or dialysis technician or applicant under this
chapter to submit to a
mental or physical
examination, or both, as
required by the board and at the expense
of the individual, if the
board finds reason to believe that the
individual under
investigation may have a physical or mental impairment that
may
affect the individual's ability to provide safe nursing care.
Failure
of any individual to submit to a
mental or physical
examination when directed constitutes an
admission of the
allegations, unless the failure is due to
circumstances beyond the
individual's control, and a default and
final order may be entered
without the taking of testimony or
presentation of evidence.
If the board finds that an individual
is impaired, the board
shall require the individual to submit to
care, counseling, or
treatment approved or designated by the
board, as a condition for
initial, continued, reinstated, or
renewed authority to practice.
The individual shall
be afforded
an opportunity to demonstrate to
the board that the individual can
begin or resume
the individual's
occupation in compliance with acceptable and
prevailing
standards
of care under the provisions of the individual's authority
to
practice.
For purposes
of this division, any
registered nurse,
licensed practical nurse, or dialysis technician or
applicant
under this chapter
shall be deemed to have given
consent to submit
to a mental or physical examination when
directed to do so in
writing by the board, and to have waived all
objections to the
admissibility of testimony or examination
reports that constitute
a privileged communication. (H) The board shall investigate evidence that appears to
show that any person has violated any provision of this chapter
or
any rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication
conducted under
Chapter 119. of the Revised Code shall not be
liable for civil
damages as a result of the report or testimony. (I) All of the following apply under this chapter with
respect to
the confidentiality of information: (1) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to
law
enforcement officers and government entities investigating a
registered
nurse, licensed practical nurse, or dialysis
technician
or a person who may have engaged in the unauthorized practice of
nursing. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to
this division
shall divulge the information to any other person or
government entity except
for the purpose of an adjudication by a
court or licensing or registration
board or officer to which the
person to whom the information relates is a
party. (2) If an investigation requires a review of
patient
records,
the investigation and proceeding shall be conducted in
such a
manner as to protect patient confidentiality. (3) All adjudications and investigations of
the board shall
be
considered civil actions for the purposes of section 2305.251
of
the Revised Code. (4) Any board activity that involves continued
monitoring of
an individual as part of or following any disciplinary action
taken under this section shall be conducted in a manner that
maintains the
individual's confidentiality. Information received
or maintained by the board
with respect to the board's monitoring
activities is confidential and not
subject to discovery in any
civil action. (J) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice. (K) When the board refuses to grant a license or
certificate
to an applicant, revokes a license or
certificate, or refuses to
reinstate a license or certificate, the board may
specify that its
action is permanent. An individual subject to permanent
action
taken by the board is forever ineligible to hold a license or
certificate of the type that was refused or revoked and the board
shall not
accept from the individual an application for
reinstatement of the license or
certificate or for a new license
or certificate. (L) No unilateral surrender of a nursing license,
certificate of authority, or dialysis technician certificate
issued
under this
chapter shall be effective unless accepted by
majority vote of
the board. No application for a nursing license,
certificate
of authority, or dialysis technician certificate
issued under this
chapter may be withdrawn without a majority vote
of the board. The board's
jurisdiction to take disciplinary
action under this section is not removed or
limited when an
individual has a license or certificate
classified as inactive or
fails to renew a license or certificate. (M) Sanctions shall not be imposed under
division (B)(24) of
this section against any licensee who waives
deductibles and
copayments as follows: (1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent
of
the plan purchaser, payer, and third-party administrator.
Documentation of the consent shall
be made available to the board
upon request. (2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board. (N)(1) The board shall refuse to grant a license to practice
nursing as a registered nurse or as a licensed practical nurse
under section 4723.09 of the Revised Code to a person whose
criminal record check performed in accordance with division (C) of
that section indicates that the person has pleaded guilty to, been
convicted of, or has had a judicial finding of guilt for violating
section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02,
2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code
or a substantially similar law of another state, the United
States, or another country.
(2) The board shall refuse to grant a certificate to
practice as a dialysis technician under section 4723.75 of the
Revised Code to a person whose criminal record check performed in
accordance with division (C) of that section indicates that the
person has pleaded guilty to, been convicted of, or has had a
judicial finding of guilt for violating section 2903.01, 2903.02,
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, or 2911.11 of the Revised Code or a substantially similar
law of another state, the United States, or another country.
Sec. 4723.75. (A) The
board of nursing shall issue a
certificate to practice as a
dialysis technician to a person who
meets all of the following
requirements: (1) The person applies to the board in accordance with
rules
adopted under section 4723.79 of the
Revised
Code and includes
with the
application the fee established in those rules. (2) The person is eighteen years of age or older and
possesses a high school diploma or high school equivalence
diploma. (3) The person meets the requirements established by the
board's rules. (4) The person demonstrates competency to practice as a
dialysis
technician, as specified under division (B) of this
section.
(5) The person has submitted the results of a criminal
background check completed by the bureau of criminal
identification and investigation that includes a check of federal
bureau of investigation records. (6) The criminal records check submitted by the person
indicates that the person has not been convicted of, has not
pleaded guilty to, and has not had a judicial finding of guilt for
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the
Revised Code or a substantially similar law of another state, the
United States, or another country. (B) For a person to demonstrate competence to practice as a
dialysis technician, one of the following must apply: (1) The person meets all of the following requirements: (a) The person has successfully completed a
dialysis
training program approved by the board under section
4723.74 of
the Revised
Code. (b) The person has been employed to perform
dialysis care by
a dialysis provider for not less than twelve months
prior to the
date of application. (c) The person passes a certification examination
demonstrating
competence to perform dialysis care. The person
must
pass the examination not later than eighteen
months after
entering a dialysis training program approved by
the board under
section 4723.74 of the Revised
Code. A person who does not pass
the examination
within eighteen months after entering a dialysis
training
program must repeat and successfully complete the
training program, or successfully complete another dialysis
training program approved by the board, and pass the examination
not less than six months after entering the new or repeated
program. A
person who does not pass the examination within six
months after
entering the new or repeated program must wait at
least one
year before entering or reentering any dialysis training
program
approved by the board, after which the person must
successfully complete a dialysis training program approved by
the
board and pass the examination not later than six months
after
entering the program. (2) The person meets both of the following requirements: (a) The person holds, on
the effective date of
this section
December
24, 2000, a current, valid
certificate from a qualifying
testing
organization specified by the board under division
(B) of
section 4723.751 of the Revised Code or
provides evidence
satisfactory to the board
of having passed the examination of a
qualifying testing organization not
longer than five
years
prior
to
the effective date of this section
December
24, 2000. (b) The dialysis provider who employs the person
provides
the board with the information specified in rules adopted under
section 4723.79 of the Revised Code attesting to the
person's
competence
to perform dialysis care.
(3) The person submits evidence satisfactory to the
board
that the person holds a current, valid license,
certificate, or
other authorization to perform dialysis care issued
by another
state that has standards for dialysis technicians
that the board
considers substantially similar to those established under
sections 4723.71 to 4723.79 of the
Revised
Code.
(C) The bureau of criminal identification and investigation
shall conduct a criminal records check of a person applying to be
certified to practice as a dialysis technician under this section
if the person requests a criminal records check of the person and
pays to the bureau a fee for the criminal records check that the
bureau establishes. The fee shall not exceed the actual cost of
conducting the criminal records check. A person requesting a
criminal records check under this division shall ask the
superintendent of the bureau of criminal identification and
investigation to also request the federal bureau of investigation
to provide the superintendent with any information it has with
respect to the person.
Sec. 5120.031. (A) As used in this section: (1) "Certificate of high school equivalence" means a
statement that is issued by the state board of education or an
equivalent agency of another state and that indicates that its
holder has achieved the equivalent of a high school education as
measured by scores obtained on the tests of general educational
development published by the American council on education. (2) "Certificate of adult basic education" means a
statement
that is issued by the department of rehabilitation and
correction
through the Ohio central school system approved by the
state board
of education and that indicates that its holder has
achieved a 6.0
grade level, or higher, as measured by scores of
nationally
standardized or recognized tests. (3) "Deadly weapon" and "firearm" have the same meanings
as
in section 2923.11 of the Revised Code. (4) "Eligible offender" means a person, other than one who
is
ineligible to participate in an
intensive program prison under
the criteria specified in section 5120.032 of
the Revised Code,
who has been
convicted of or pleaded guilty to, and has
been
sentenced for, a felony. (5) "Shock incarceration" means the program of
incarceration
that is established pursuant to the rules of the
department of
rehabilitation and correction adopted under this
section. (B)(1) The director of rehabilitation and correction, by
rules adopted under Chapter 119. of the Revised Code, shall
establish a pilot program of shock incarceration that may be used
for
eligible offenders who are sentenced to serve a term of
imprisonment under the custody of the department of
rehabilitation
and correction, whom the department determines to be eligible
offenders, and whom the department, subject to
the approval of the
sentencing judge, may permit
to serve their sentence as a sentence
of shock incarceration in
accordance with this section. (2) The rules for the pilot program shall require that the
program be established at an appropriate state correctional
institution designated by the director and that the program
consist of both of the following for each eligible offender
whom
the department, with the approval of the sentencing
judge, permits
to serve the eligible offender's sentence
as a sentence of
shock
incarceration: (a) A period of imprisonment at that institution of ninety
days that shall consist of a military style combination of
discipline, physical training, and hard labor and substance abuse
education, employment skills training, social skills training,
and
psychological treatment. During the ninety-day period, the
department may permit an eligible offender to participate in a
self-help program. Additionally, during the ninety-day period,
an
eligible offender who holds a high school diploma or a
certificate
of high school equivalence may be permitted to tutor
other
eligible offenders in the shock incarceration program. If
an
eligible offender does not hold a high school diploma or
certificate of high school equivalence, the eligible offender may
elect to
participate in an education program that is designed to
award a
certificate of adult basic education or an education
program that
is designed to award a certificate of high school
equivalence to
those eligible offenders who successfully complete
the education
program, whether the completion occurs during or
subsequent to
the ninety-day period. To the extent possible, the
department
shall use as teachers in the education program persons
who have
been issued a license pursuant to sections 3319.22 to
3319.31
of the Revised Code, who have volunteered their services
to the
education program, and who satisfy any other criteria
specified
in the rules for the pilot project. (b) Immediately following the ninety-day period of
imprisonment, and notwithstanding any other provision governing
the early release of a prisoner from
imprisonment or the transfer
of a prisoner to transitional control, one
of the following, as
determined by the director: (i) An intermediate, transitional type of detention
for the
period of time determined by the director
and, immediately
following the intermediate, transitional
type of detention, a
release under a post-release control
sanction imposed in
accordance with section 2967.28 of the
Revised
Code. The period
of
intermediate, transitional type of detention imposed by the
director under this division may be in a halfway house, in a
community-based correctional facility and program or district
community-based correctional facility and program established
under sections 2301.51 to 2301.56 of the Revised Code, or in any
other facility approved by the director that provides for
detention to serve as a transition between imprisonment in a
state
correctional institution and release from imprisonment.
(ii) A release under a
post-release control sanction imposed
in accordance
with section 2967.28 of the Revised Code.
(3) The rules for the pilot program also shall include,
but
are not limited to, all of the following: (a) Rules identifying the locations within the state
correctional institution designated by the director that will be
used for eligible offenders serving a sentence of shock
incarceration; (b) Rules establishing specific schedules of discipline,
physical training, and hard labor for eligible offenders serving
a
sentence of shock incarceration, based upon the offender's
physical condition and needs; (c) Rules establishing standards and criteria for the
department to use in determining which eligible offenders the
department will permit to serve their sentence of imprisonment as
a sentence of shock incarceration; (d) Rules establishing
guidelines
for the selection of
post-release control sanctions for
eligible
offenders; (e) Rules establishing procedures for
notifying
sentencing
courts of the performance of eligible offenders
serving their
sentences of imprisonment as a sentence of shock
incarceration; (f) Any other rules that are necessary for
the proper
conduct of the pilot program. (C)(1) If
an offender is sentenced to a term of
imprisonment
under the custody of the department,
if the sentencing court
determined that the offender is eligible for
placement
in a
program of shock incarceration under this section, and if the
sentencing
court either recommends the offender for placement in a
program of shock
incarceration
under this section or makes no
recommendation on placement of the
offender,
and if the department
determines that the offender is an eligible offender for placement
in a program of shock incarceration under this section, the
department may permit
the eligible offender to serve the
sentence
in a program of shock incarceration, in
accordance with division
(K) of section 2929.14 of the Revised Code,
with this section,
and
with the rules adopted under this section.
If the sentencing court
disapproves placement of the offender in a program of shock
incarceration, the department shall not place the offender in any
program of shock incarceration.
If the sentencing court recommends the offender for placement
in a program
of shock incarceration and
if the department
subsequently places the offender in
the recommended program, the
department shall notify the court of the
offender's placement in
the recommended program and shall include with the
notice a brief
description of the placement. If the sentencing court
approves
recommends placement of the
offender in a program of
shock incarceration and the department
for any reason does not subsequently place the
offender
in the
recommended program, the department shall send a notice to the
court
indicating why the offender was not placed in the
recommended program. If the sentencing court does not make a recommendation on the
placement of
an
eligible offender in a program of shock
incarceration
and if the department determines that the offender
is an eligible offender for placement in a program of that nature,
the department shall
screen the offender and determine if the
offender is suited for the program of
shock incarceration. If the
offender is suited for the program of shock
incarceration, at
least three weeks prior to
permitting an eligible
offender to
serve the sentence in a program of
shock incarceration, the
department shall notify the sentencing
court of
the proposed
placement of the offender in the program and
shall include with
the notice a brief description of the placement. The court
shall
have ten days from receipt of the notice to disapprove the
placement. If the sentencing court
disapproves of the placement,
the department shall not permit
the eligible offender to
serve the
sentence in a program of shock incarceration.
If the judge does
not timely
disapprove of placement of the offender in the program
of shock
incarceration, the department
may proceed with plans for
placement of the
offender. If the
sentencing court determined
department determines that
the offender is not eligible for
placement in a program of shock
incarceration
or if the sentencing court
disapproves placement of
the offender in a program of that nature, the
department
of
rehabilitation and correction shall not place the offender in
any
program of shock incarceration. (2) If the department permits an eligible offender to
serve
the eligible offender's sentence of imprisonment as a sentence
of
shock incarceration and the eligible offender does not
satisfactorily
complete the entire period of imprisonment
described in division
(B)(2)(a) of this section, the offender
shall be removed from the pilot
program for shock incarceration
and shall be required to serve the remainder
of the offender's
sentence of imprisonment imposed by the sentencing
court
as a
regular term of imprisonment. If the eligible offender
commences
a period of post-release control
described in division
(B)(2)(b)
of this section and violates the conditions of
that post-release
control, the eligible offender shall be
subject to the provisions
of
sections
2929.14, 2967.15, and 2967.28 of the
Revised Code
regarding
violation of post-release control sanctions. (3) If an eligible offender's
stated
prison term expires at
any time during the eligible offender's
participation in
the shock
incarceration program, the adult parole authority shall terminate
the eligible offender's
participation in the program and shall
issue to the eligible
offender a certificate
of expiration of the
stated prison
term. (D) The director shall keep sentencing courts informed of
the performance of eligible offenders serving their sentences of
imprisonment as a sentence of shock incarceration, including, but
not limited to, notice of eligible offenders who fail to
satisfactorily complete their entire sentence of shock
incarceration or who satisfactorily complete their entire
sentence
of shock incarceration. (E) Within a reasonable period of time after November
20,
1990, the
director shall appoint a committee to
search for one or
more suitable sites at which one or more
programs of shock
incarceration, in addition to the pilot program
required by
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's
designee, as chairperson; employees of the department
of
rehabilitation and correction appointed by the director; and any
other persons that the director, in the director's discretion,
appoints. In
searching for such sites, the search committee shall
give
preference to any site owned by the state or any other
governmental entity and to any existing structure that reasonably
could be renovated, enlarged, converted, or remodeled for
purposes
of establishing such a program. The search committee
shall
prepare a report concerning its activities and, on the
earlier of
the day that is twelve months after the first day on
which an
eligible offender began serving a sentence of shock
incarceration
under the pilot program or January 1, 1992, shall
file the report
with the president and the minority leader of the
senate, the
speaker and the minority leader of the house of
representatives,
the members of the senate who were members of
the senate judiciary
committee in the 118th general assembly or
their successors, and
the members of the house of representatives
who were members of
the select committee to hear drug legislation
that was established
in the 118th general assembly or their
successors. Upon the
filing of the report, the search committee
shall terminate. The
report required by this division shall
contain all of the
following: (1) A summary of the process used by the search committee
in
performing its duties under this division; (2) A summary of all of the sites reviewed by the search
committee in performing its duties under this division, and the
benefits and disadvantages it found relative to the establishment
of a program of shock incarceration at each such site; (3) The findings and recommendations of the search
committee
as to the suitable site or sites, if any, at which a
program of
shock incarceration, in addition to the pilot program
required by
division (B)(1) of this section, may be established. (F) The director periodically shall review the pilot
program
for shock incarceration required to be established by
division
(B)(1) of this section. The director shall prepare a
report
relative to the pilot program and, on the earlier of the
day that
is twelve months after the first day on which an
eligible offender
began serving a sentence of shock incarceration
under the pilot
program or January 1, 1992, shall file the report
with the
president and the minority leader of the senate, the
speaker and
the minority leader of the house of representatives,
the members
of the senate who were members of the senate
judiciary committee
in the 118th general assembly or their
successors, and the members
of the house of representatives who
were members of the select
committee to hear drug legislation
that was established in the
118th general assembly or their
successors. The pilot program
shall not terminate at the time of
the filing of the report, but
shall continue in operation in
accordance with this section. The
report required by this
division shall include all of the
following: (1) A summary of the pilot program as initially
established,
a summary of all changes in the pilot program made
during the
period covered by the report and the reasons for the
changes, and
a summary of the pilot program as it exists on the
date of
preparation of the report; (2) A summary of the effectiveness of the pilot program,
in
the opinion of the director and employees of the department
involved in its operation; (3) An analysis of the total cost of the pilot program, of
its cost per inmate who was permitted to serve a sentence of
shock
incarceration and who served the entire sentence of shock
incarceration, and of its cost per inmate who was permitted to
serve a sentence of shock incarceration; (4) A summary of the standards and criteria used by the
department in determining which eligible offenders were permitted
to serve their sentence of imprisonment as a sentence of shock
incarceration; (5) A summary of the characteristics of the eligible
offenders who were permitted to serve their sentence of
imprisonment as a sentence of shock incarceration, which summary
shall include, but not be limited to, a listing of every offense
of which any such eligible offender was convicted or to which any
such eligible offender pleaded guilty and in relation to which the
eligible offender
served a sentence of shock incarceration, and
the total number of
such eligible offenders who were convicted of
or pleaded guilty
to each such offense; (6) A listing of the number of eligible offenders who were
permitted to serve a sentence of shock incarceration and who did
not serve the entire sentence of shock incarceration, and, to the
extent possible, a summary of the length of the terms of
imprisonment served by such eligible offenders after they were
removed from the pilot program; (7) A summary of the effect of the pilot program on
overcrowding at state correctional institutions; (8) To the extent possible, an analysis of the rate of
recidivism of eligible offenders who were permitted to serve a
sentence of shock incarceration and who served the entire
sentence
of shock incarceration; (9) Recommendations as to legislative changes to the pilot
program that would assist in its operation or that could further
alleviate overcrowding at state correctional institutions, and
recommendations as to whether the pilot program should be
expanded.
Sec. 5120.032. (A) No later than January 1, 1998, the
department of
rehabilitation and correction shall
develop and
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this section.
The
intensive program prisons shall include institutions at which
imprisonment of the type described in division
(B)(2)(a) of
section 5120.031 of the Revised Code is provided and prisons that
focus on
educational achievement, vocational training, alcohol and
other drug abuse
treatment, community service and conservation
work, and other intensive
regimens or combinations of intensive
regimens. (B)(1)(a) Except as provided in division
(B)(2) of this
section,
if an offender is sentenced to a term of imprisonment
under the custody of the department, if the sentencing court
determines that a prisoner is eligible for
placement in an
intensive program prison under this section and the sentencing
court either recommends the
offender
prisoner for placement in the
intensive program
prison
under this section or makes no
recommendation on placement of the prisoner,
and if the department
determines that the prisoner is eligible for placement in an
intensive program prison under this section, the
department may
place the prisoner in an
intensive
program prison established
pursuant to division (A) of this section.
If the sentencing court
disapproves placement of the prisoner in an intensive program
prison, the department shall not place the prisoner in any
intensive program prison.
If the sentencing court recommends a prisoner for placement
in an intensive
program prison and
if the department subsequently
places the prisoner in the
recommended prison, the department
shall notify the court of the prisoner's
placement in the
recommended intensive program prison and shall include with
the
notice a brief description of the placement. If the sentencing court
approves
recommends placement of a
prisoner in an intensive
program prison and the department
for any
reason does not subsequently place the
offender
prisoner in
the
recommended prison, the department shall send a notice to the
court
indicating why the prisoner was not placed in the
recommended prison. If the sentencing court does not make a recommendation on the
placement of
an eligible
a prisoner in an intensive program prison
and if the department determines that the prisoner is eligible for
placement in a prison of that nature, the department shall
screen
the prisoner and determine if the prisoner is suited for the
prison.
If
the prisoner is suited for the intensive program
prison, at
least
three weeks prior to placing the prisoner in the
prison, the
department shall notify the sentencing court of the
proposed placement of the prisoner in the intensive program prison
and shall
include with the notice a brief description of the
placement. The court shall
have ten days from receipt of the
notice to disapprove the placement. If
the sentencing court
disapproves the placement, the
department shall not proceed with
it. If the sentencing
court does not timely disapprove
of the
placement, the department may proceed with plans for it. If the
sentencing court
department determines that a prisoner
is not eligible for
placement in an intensive program prison
or if
the sentencing court
disapproves placement of an offender in a
prison of that nature, the
department
of rehabilitation and
correction shall not place the prisoner in
any intensive program
prison. (b) The department may reduce the stated prison term
of a
prisoner upon the prisoner's successful completion of a
ninety-day
period in an intensive program prison. A prisoner whose term has
been so reduced
shall be required to serve an intermediate,
transitional type of detention
followed by a release under
post-release control sanctions or, in the
alternative, shall be
placed under post-release control sanctions, as
described in
division (B)(2)(b)(ii) of section 5120.031
of the Revised Code.
In
either case, the placement under post-release control
sanctions
shall be under terms
set by the
parole board in accordance with
section 2967.28 of the Revised Code and shall
be
subject to
the
provisions of that section
and section 2929.141 of the Revised
Code with respect to a violation of any
post-release control
sanction. (2) A prisoner who is in any of the following categories is
not eligible
to participate in an intensive program prison
established pursuant to
division (A) of this section: (a) The prisoner is serving a prison term for aggravated
murder,
murder, or a felony of the first or second degree or a
comparable
offense under the law in effect prior to
July 1, 1996,
or the prisoner previously has
been imprisoned for aggravated
murder, murder, or a felony of the first or
second degree or a
comparable offense under the law in effect prior to
July 1, 1996. (b) The prisoner is serving a mandatory prison term, as
defined
in section 2929.01 of the Revised Code. (c) The prisoner is serving a prison term for a felony of
the
third, fourth, or fifth degree that either is a sex offense,
an offense
betraying public trust, or an offense in which the
prisoner caused or
attempted to cause actual physical harm to a
person, the prisoner is serving a
prison term for a comparable
offense under the law in effect prior to
July 1,
1996, or the
prisoner previously has been imprisoned for an offense
of that
type or a comparable
offence offense under the law in
effect prior
to July 1, 1996. (d) The prisoner is serving a mandatory prison term in
prison for a third or
fouth fourth degree felony OMVI offense, as
defined in
section 2929.01 of the Revised Code, that was imposed
pursuant to division
(G)(2) of section 2929.13 of the Revised
Code. (C) Upon the implementation of intensive program prisons
pursuant to division
(A) of this section, the department at all
times shall maintain intensive
program prisons sufficient in
number to reduce the prison terms of at least
three hundred fifty
prisoners who are eligible for reduction of their stated
prison
terms as a result of their completion of a regimen in an intensive
program prison under this section.
Sec. 5120.033. (A) As used in this section, "third degree
felony
OMVI offense" and "fourth
degree
felony OMVI
offense" have
the same meanings as in
section 2929.01 of the
Revised Code. (B) Within eighteen months after
October 17, 1996, the
department of
rehabilitation and correction shall
develop and
implement intensive program prisons for male and female prisoners
who are sentenced pursuant to division (G)(2) of section 2929.13
of the
Revised Code to a mandatory prison term for a third or
fourth
degree felony
OMVI offense. The department shall contract
pursuant to section
9.06 of the Revised Code for the private
operation and management of the initial intensive
program prison
established under this section and may contract pursuant to
that
section for the private operation and management of any other
intensive
program prison established under this section. The
intensive
program prisons established under this
section shall
include
prisons that focus on educational achievement, vocational
training, alcohol
and other drug abuse treatment,
community
service and conservation work, and other intensive
regimens or
combinations of intensive regimens. (C) Except as provided in division (D) of this
section, the
department may place a prisoner who is sentenced to a mandatory
prison term for a third or fourth degree felony OMVI
offense
in an
intensive program prison
established pursuant to division (B) of
this section if
the sentencing judge, upon notification by the
department of its
intent to place the
prisoner in an intensive
program prison, does not notify the
department that the judge
disapproves the placement. If the stated prison term imposed on a
prisoner
who is so placed is longer than the mandatory prison term
that is required to
be imposed on the prisoner, the department may
reduce the stated
prison term upon the prisoner's successful
completion of
the prisoner's mandatory prison term in an intensive
program prison. A
prisoner whose term has been so reduced
shall
be required to serve an intermediate, transitional type of
detention
followed by a release under post-release control
sanctions or, in the
alternative, shall be placed under
post-release control sanctions, as
described in division
(B)(2)(b)(ii) of section 5120.031
of the Revised Code. In either
case, the placement under post-release control
sanctions shall be
under terms set by the parole board in accordance with
section
2967.28 of the Revised Code and shall
be subject to the provisions
of that section
and section 2929.141 of the Revised Code with
respect to a violation of
any post-release control sanction. Upon
the establishment of the initial
intensive program prison pursuant
to division (B) of this section
that is privately operated and
managed by a contractor pursuant to a contract
entered into under
section 9.06 of
the Revised Code, the department shall comply with
divisions (G)(2)(a) and (b) of
section 2929.13 of the Revised Code
in placing prisoners in intensive program
prisons under
this
section. (D) A prisoner who is sentenced to a mandatory prison term
for a
third or fourth degree felony OMVI offense
is not eligible
to participate in an intensive program prison established
under
division (B) of this section if any of the following applies
regarding the prisoner: (1) In addition to the mandatory prison term for the third
or
fourth
degree felony
OMVI offense, the prisoner also is serving
a prison term of a type
described in division (B)(2)(a), (b), or
(c)
of section 5120.032 of the Revised Code. (2) The prisoner previously has been imprisoned for
an
offense of a type described in division (B)(2)(a) or
(c) of
section 5120.032 of the Revised Code or a comparable
offense under
the law in effect prior to July 1, 1996. (E) Intensive program prisons established under division
(B)
of this section are not subject to section 5120.032 of the Revised
Code.
Sec. 5145.01. Courts shall impose sentences to a state
correctional institution
for felonies pursuant to sections 2929.13
and 2929.14 of the Revised Code. All prison terms may be ended in
the
manner
provided by law, but no prison term shall exceed the
maximum term provided for the felony of which the prisoner was
convicted as extended pursuant to section
2929.141, 2967.11, or
2967.28 of the Revised
Code. If a prisoner is sentenced for two or more separate
felonies,
the prisoner's term of imprisonment shall run as a
concurrent
sentence, except if the consecutive sentence provisions of
sections 2929.14 and 2929.41 of the Revised
Code
apply. If
sentenced
consecutively, for the purposes of sections 5145.01 to
5145.27 of
the Revised Code, the prisoner shall be held to be
serving one
continuous term of imprisonment. If a court imposes a sentence to a state correctional
institution for a
felony of the fourth or fifth degree, the
department of
rehabilitation and correction, notwithstanding the
court's
designation of a state correctional institution as the
place of service of the
sentence, may designate that the person
sentenced is to be housed in
a county, multicounty, municipal,
municipal-county, or
multicounty-municipal jail or workhouse if
authorized pursuant to
section 5120.161 of the Revised Code. If, through oversight or otherwise, a person is
sentenced to
a state correctional
institution under a definite term for an
offense
for
which a definite term of imprisonment is not provided
by statute,
the sentence shall not thereby become void, but the
person shall
be subject to the liabilities of such sections and
receive the
benefits thereof, as if the person had been sentenced
in the manner
required by this section. As used in this section, "prison term" has the same meaning
as
in
section 2929.01 of the Revised Code.
Section 2. That existing sections 181.25, 2919.25, 2921.34,
2925.23, 2925.36,
2929.01, 2929.12, 2929.13, 2929.14, 2929.19,
2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28,
4723.75,
5120.031, 5120.032, 5120.033, and 5145.01 of the Revised
Code are hereby repealed.
Section 3. Persons enrolled in and
actively pursuing
completion of a prelicensure nursing education
program upon the
effective date of this act may apply for
licensure under section
4723.09 of the Revised Code, as amended by
this act. The Board of
Nursing may deny, but is not required to
deny, the application in
accordance with the amendments to
sections 4723.09 and 4723.28 of
the Revised Code made by this act.
Section 4. Section 2919.25 of
the Revised Code is
presented
in
this act as a composite of the
section as amended by
both H.B.
238 and Am. Sub. S.B. 1 of
the
122nd General Assembly. Section
2921.34
of the Revised Code is presented
in this act
as a
composite of the
section as amended by both
Am.
Sub. H.B. 180 and
Am. Sub. S.B. 285
of the 121st General Assembly. Section
2929.01
of the Revised Code is presented
in this act
as a
composite of the
section as amended by Am.
Sub.
H.B. 349, Am. Sub.
S.B. 179, and
Am. Sub. S.B. 222 of
the 123rd
General Assembly.
Section 2929.13
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,
Am. Sub.
S.B. 107, Am. S.B. 142,
and Am.
Sub. S.B. 222 of the
123rd General
Assembly. Section
2929.19 of the Revised Code is
presented
in
this act
as a
composite of the section as amended by
Am. Sub.
H.B.
349, Am. Sub.
S.B. 22, and Am. Sub. S.B. 107 of the
123rd
General
Assembly.
Section 2951.041 of the Revised Code is
presented in
this act
as a
composite of the section as amended by
both
Sub.
H.B. 202 and Am.
Sub. S.B. 107 of the 123rd General
Assembly.
Section 4723.09 of the
Revised Code is presented in this
act as a
composite of the
section as amended by both Sub. H.B. 511
and Am.
Sub. S.B. 180 of
the 123rd General Assembly. Section
5120.032 of
the Revised Code is
presented in this act
as a
composite of the
section as amended by
both
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
composites are
the resulting
versions of the sections in effect
prior to the
effective date of the sections as presented in this
act.
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