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Am. Sub. H. B. No. 137 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Gilb, Willamowski, Latta, Wagoner, McGregor, J., Fessler, Aslanides, Book, Combs, DeGeeter, Domenick, Evans, C., Gibbs, Key, Patton, T., Reidelbach, Seitz
A BILL
To amend sections 2151.313, 2152.72, 2929.14, 2929.19, 2930.13, 2967.28, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 2151.357 (2151.362); to enact new sections 2151.357 and 2151.358 and sections 2151.355, 2151.356, and 2929.191; and to repeal section 2151.358 of the Revised Code to revise the
procedure by which a juvenile court may seal records of
alleged and adjudicated delinquent and unruly children and adjudicated juvenile traffic offenders, to make changes to the post-release control law, to amend the version of section 2929.14 of the Revised Code that is scheduled to take effect on August 3, 2006, to continue the provisions of this act on and after that effective date, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.313, 2152.72, 2929.14, 2929.19, 2930.13, 2967.28, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69 be amended; that section 2151.357 (2151.362) be amended for the purpose of adopting a new section number as indicated in parentheses; and that new sections 2151.357 and 2151.358 and sections 2151.355, 2151.356, and 2919.191 of the Revised Code be enacted to read as follows: Sec. 2151.313. (A)(1) Except as provided in division
(A)(2)
of this section and in sections 109.57, 109.60, and
109.61 of the
Revised Code, no child shall be fingerprinted or
photographed in
the investigation of any violation of law without
the consent of
the juvenile judge. (2) Subject to division (A)(3) of this section, a
law
enforcement officer may fingerprint and
photograph a child without
the consent of the juvenile judge when
the child is arrested or
otherwise taken into custody for the
commission of an act that
would be an offense, other than a
traffic offense or a minor
misdemeanor, if committed by an
adult, and there is probable cause
to believe that the child may
have been involved in the commission
of the act. A law
enforcement officer who takes fingerprints or
photographs of a
child under division (A)(2) of this section
immediately shall inform the juvenile
court that the fingerprints
or photographs were taken and shall
provide the court with the
identity of the child, the number of
fingerprints and photographs
taken, and the name and address of
each person who has custody and
control of the fingerprints or
photographs or copies of the
fingerprints or photographs. (3) This section does not apply to a child to whom
either of
the following applies: (a) The child has been arrested or
otherwise taken into
custody for committing, or has been adjudicated a
delinquent
child
for committing, an act that would be a felony if committed by an
adult or has been convicted of or pleaded guilty to
committing a
felony. (b) There is probable
cause to believe that the child may
have committed an
act that would be a felony if committed by an
adult. (B)(1) Subject to divisions (B)(4), (5), and (6) of this
section, all fingerprints and photographs of a child obtained or
taken under division (A)(1) or (2) of this section, and any
records of the arrest or custody of the child that was the basis
for the taking of the fingerprints or photographs, initially may
be retained only until the expiration of thirty days after the
date taken, except that the court may limit the initial retention
of fingerprints and photographs of a child obtained under
division
(A)(1) of this section to a shorter period of time and
except
that, if the child is adjudicated a delinquent child for
the
commission of an act described in division (B)(3) of this
section
or is convicted of or pleads guilty to a criminal offense
for the
commission of an act described in division (B)(3) of this
section,
the fingerprints and photographs, and the records of the
arrest or
custody of the child that was the basis for the taking
of the
fingerprints and photographs, shall be retained in
accordance with
division (B)(3) of this section. During the
initial period of
retention, the fingerprints and photographs of
a child, copies of
the fingerprints and photographs, and records
of the arrest or
custody of the child shall be used or released
only in accordance
with division (C) of this section. At the
expiration of the
initial period for which fingerprints and
photographs of a child,
copies of fingerprints and photographs of
a child, and records of
the arrest or custody of a child may be
retained under this
division, if no complaint, indictment, or
information is pending
against
the child in relation to the act for which the
fingerprints and
photographs originally were obtained or taken and
if the child
has neither been adjudicated a delinquent child for
the
commission of that act nor been convicted of or pleaded guilty
to
a criminal offense based on that act subsequent to a transfer
of
the child's case for criminal prosecution pursuant to section
2152.12 of the Revised Code, the fingerprints and
photographs of
the child, all copies of the fingerprints and photographs, and
all
records of the arrest or custody of the child that was the
basis
of the taking of the fingerprints and photographs shall be
removed
from the file and delivered to the juvenile court. (2) If, at the expiration of the initial period of
retention
set forth in division (B)(1) of this section, a
complaint,
indictment, or information is pending agaist against the
child in
relation
to the act for
which the fingerprints and photographs
originally
were obtained
or the child either has been adjudicated
a
delinquent child for
the commission of an act other than an act
described in division
(B)(3) of this section or has been convicted
of or pleaded guilty
to a criminal offense for the commission of
an act other than an
act described in division (B)(3) of this
section subsequent to
transfer of the child's case, the
fingerprints and photographs of
the child, copies of the
fingerprints and photographs, and the
records of the arrest or
custody of the child that was the basis
of the taking of the
fingerprints and photographs may further be
retained, subject to
division (B)(4) of this section, until the
earlier of the
expiration of two years after the date on which
the fingerprints
or photographs were taken or the child attains
eighteen years of
age, except that, if the child is adjudicated a
delinquent child
for the commission of an act described in
division (B)(3) of this
section or is convicted of or pleads
guilty to a criminal offense
for the commission of an act
described in division (B)(3) of this
section, the fingerprints
and photographs, and the records of the
arrest or custody of the
child that was the basis for the taking
of the fingerprints and
photographs, shall be retained in
accordance with division (B)(3)
of this section. Except as otherwise provided in division (B)(3) of this
section, during this additional period of retention, the
fingerprints and photographs of a child, copies of the
fingerprints and photographs of a child, and records of the
arrest
or custody of a child shall be used or released only in
accordance
with division (C) of this section. At the expiration
of the
additional period, if no complaint, indictment, or
information is
pending against the
child in relation to the act for which the
fingerprints
originally were obtained or taken or in relation to
another act
for which the fingerprints were used as authorized by
division
(C) of this section and that would be a felony if
committed by an
adult, the fingerprints of the child, all copies
of the
fingerprints, and all records of the arrest or custody of
the
child that was the basis of the taking of the fingerprints
shall
be removed from the file and delivered to the juvenile
court, and,
if no complaint, indictment, or information is pending
against
the child concerning the act
for which the photographs
originally were obtained or taken
or concerning an act that would
be a felony if committed by an
adult, the photographs and all
copies of the photographs, and, if
no fingerprints were taken at
the time the photographs were
taken, all records of the arrest or
custody that was the basis of
the taking of the photographs shall
be removed from the file and
delivered to the juvenile court. In
either case, if, at the
expiration of the applicable additional
period, such a complaint,
indictment, or information is pending
against the child, the
photographs and copies of the
photographs
of the child, or the fingerprints and copies of the
fingerprints
of the child, whichever is applicable, and the
records of the
arrest or custody of the child may be retained,
subject to
division (B)(4) of this section, until final
disposition of the
complaint, indictment, or information, and,
upon final disposition
of the
complaint, indictment, or information, they shall be
removed
from the file and delivered to
the juvenile court, except
that, if the child is adjudicated a
delinquent child for the
commission of an act described in
division (B)(3) of this section
or is convicted of or pleads
guilty to a criminal offense for the
commission of an act
described in division (B)(3) of this section,
the fingerprints
and photographs, and the records of the arrest or
custody of the
child that was the basis for the taking of the
fingerprints and
photographs, shall be retained in accordance with
division (B)(3)
of this section. (3) If a child is adjudicated a delinquent child for
violating section
2923.42 of the Revised Code or
for committing an
act that would be a misdemeanor offense of violence if
committed
by an adult, or is convicted of or
pleads guilty to a violation of
section 2923.42 of the
Revised Code,
a misdemeanor offense of
violence, or
a violation of an existing or former municipal
ordinance or law of
this state, another state, or
the United
States that is substantially
equivalent to section 2923.42 of the
Revised Code
or any misdemeanor offense of violence, both of the
following apply: (a) Originals and copies of fingerprints and photographs
of
the child obtained or taken under division (A)(1) of this
section,
and any records of the arrest or custody that was the
basis for
the taking of the fingerprints or photographs, may be
retained for
the period of time specified by the juvenile judge
in that judge's
grant of consent for the taking of the fingerprints
or
photographs. Upon the expiration of the specified period, all
originals and copies of the fingerprints, photographs, and
records
shall be delivered to the juvenile court or otherwise
disposed of
in accordance with any instructions specified by the
juvenile
judge in that judge's grant of consent. During the period
of
retention of the photographs and records, all originals and
copies
of them shall be retained in a file separate and apart
from all
photographs taken of adults. During the period of
retention of
the fingerprints, all originals and copies of them
may be
maintained in the files of fingerprints taken of adults.
If the
juvenile judge who grants consent for the taking of
fingerprints
and photographs under division (A)(1) of this
section does not
specify a period of retention in that judge's
grant of
consent,
originals and copies of the fingerprints, photographs,
and records
may be retained in accordance with this section as if
the
fingerprints and photographs had been taken under division
(A)(2)
of this section. (b) Originals and copies of fingerprints and photographs
taken under division (A)(2) of this section, and any records of
the arrest or custody that was the basis for the taking of the
fingerprints or photographs, may be retained for the period of
time and in the manner specified in division (B)(3)(b)
of this
section. Prior to the
child's attainment of eighteen years of
age, all originals and
copies of the photographs and records shall
be retained and shall
be kept in a file separate and apart from
all photographs taken
of adults. During the period of retention
of the fingerprints,
all originals and copies of them may be
maintained in the files
of fingerprints taken of adults. Upon the
child's attainment of
eighteen years of age, all originals and
copies of the
fingerprints, photographs, and records shall be
disposed of as
follows: (i) If the juvenile judge issues or previously has issued
an
order that specifies a manner of disposition of the originals
and
copies of the fingerprints, photographs, and records, they
shall
be delivered to the juvenile court or otherwise disposed of
in
accordance with the order. (ii) If the juvenile judge does not issue and has not
previously issued an order that specifies a manner of disposition
of the originals and copies of the fingerprints not maintained in
adult files, photographs, and records, the law enforcement
agency,
in its discretion, either shall remove all originals and
copies of
them from the file in which they had been maintained
and transfer
them to the files that are used for the retention of
fingerprints
and photographs taken of adults who are arrested
for, otherwise
taken into custody for, or under investigation for
the commission
of a criminal offense or shall remove them from
the file in which
they had been maintained and deliver them to
the juvenile court.
If the originals and copies of any
fingerprints of a child who
attains eighteen years of age are
maintained in the files of
fingerprints taken of adults or if
pursuant to division
(B)(3)(b)(ii) of this section
the agency transfers the originals
and
copies of any fingerprints not maintained in adult files,
photographs, or records to the files that are used for the
retention of fingerprints and photographs taken of adults who are
arrested for, otherwise taken into custody for, or under
investigation for the commission of a criminal offense, the
originals and copies of the fingerprints, photographs, and
records
may be maintained, used, and released after they are
maintained in
the adult files or after the transfer as if the
fingerprints and
photographs had been taken of, and as if the
records pertained to,
an adult who was arrested for, otherwise
taken into custody for,
or under investigation for the
commission of a criminal offense. (4) If a sealing or expungement order issued under section
sections 2151.356 to 2151.358 of the Revised Code requires the sealing or destruction
of any fingerprints or photographs of a child obtained or taken
under division (A)(1) or (2) of this section or of the records of
an arrest or custody of a child that was the basis of the taking
of the fingerprints or photographs prior to the expiration of any
period for which they otherwise could be retained under division
(B)(1), (2), or (3) of this section, the fingerprints,
photographs, and arrest or custody records that are subject to
the
order and all copies of the fingerprints, photographs, and
arrest
or custody records shall be sealed or destroyed in
accordance with
the order. (5) All fingerprints of a child, photographs of a child,
records of an arrest or custody of a child, and copies delivered
to a juvenile court in accordance with division (B)(1), (2), or
(3) of this section shall be destroyed by the court, provided
that,
if a complaint is filed against the child in
relation to any
act to which the records pertain, the court shall maintain all
records of an arrest or custody of a
child so delivered for at
least three years after the final
disposition of the case or after
the case becomes inactive. (6)(a) All photographs of a child and records of an arrest
or custody of a child retained pursuant to division (B) of this
section and not delivered to a juvenile court shall be kept in a
file separate and apart from fingerprints, photographs, and
records of an arrest or custody of an adult. All fingerprints of
a child retained pursuant to division (B) of this section and not
delivered to a juvenile court may be maintained in the files of
fingerprints taken of adults. (b) If a child who is the subject of photographs or
fingerprints is adjudicated a delinquent child for the commission
of an act that would be an offense, other than a traffic
offense
or a minor misdemeanor, if committed by an adult or is
convicted
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor,
all fingerprints not maintained in
the files of
fingerprints taken of adults and all photographs of
the child,
and all records of the arrest or custody of the child
that is the
basis of the taking of the fingerprints or
photographs, that are
retained pursuant to division (B) of this
section and not
delivered to a juvenile court shall be kept in a
file separate
and apart from fingerprints, photographs, and arrest
and custody
records of children who have not been adjudicated a
delinquent
child for the commission of an act that would be an
offense, other than a traffic offense or a minor misdemeanor, if
committed by an adult and have not been convicted of or pleaded
guilty to a criminal offense other than a traffic
offense or a
minor misdemeanor. (C) Until they are delivered to the juvenile court or
sealed, transferred in accordance with division (B)(3)(b) of this
section, or destroyed pursuant to a sealing or expungement order,
the originals and copies of fingerprints and photographs of a
child that are obtained or taken pursuant to division (A)(1) or
(2) of this section, and the records of the arrest or custody of
the child that was the basis of the taking of the fingerprints or
photographs, shall be used or released only as follows: (1) During the initial thirty-day period of retention,
originals and copies of fingerprints and photographs of a child,
and records of the arrest or custody of a child, shall be used,
prior to the filing of a complaint or information against or the
obtaining of an indictment of the child in relation
to the act for
which the fingerprints and photographs were
originally obtained or
taken, only for the investigation of that
act and shall be
released, prior to the filing of the complaint,
only to a court
that would have jurisdiction of the child's case
under this
chapter. Subsequent to the filing of a complaint or information
or the obtaining of an indictment,
originals and copies of
fingerprints and photographs of a child,
and records of the arrest
or custody of a child, shall be used or
released during the
initial thirty-day period of retention only
as provided in
division (C)(2)(a), (b), or (c) of this section. (2) Originals and copies of fingerprints and photographs
of
a child, and records of the arrest or custody of a child, that
are
retained beyond the initial thirty-day period of retention
subsequent to the filing of a complaint or information or the
obtaining of
an indictment, a delinquent child
adjudication, or a
conviction of or guilty plea to a criminal
offense shall be used
or released only as follows: (a) Originals and copies of photographs of a child, and,
if
no fingerprints were taken at the time the photographs were
taken,
records of the arrest or custody of the child that was the
basis
of the taking of the photographs, may be used only as
follows: (i) They may be used for the investigation of the act for
which they originally were obtained or taken; if the child who is
the subject of the photographs is a suspect in the investigation,
for the investigation of any act that would be an offense if
committed by an adult; and for arresting or bringing the child
into custody. (ii) If the child who is the subject of the photographs is
adjudicated a delinquent child for the commission of an act that
would be a felony if committed by an adult or is convicted of or
pleads guilty to a criminal offense that is a felony as a result
of the arrest or custody that was the basis of the taking of the
photographs, a law enforcement officer may use the photographs
for
a photo line-up conducted as part of the investigation of any
act
that would be a felony if committed by an adult, whether or
not
the child who is the subject of the photographs is a suspect
in
the investigation. (b) Originals and copies of fingerprints of a child, and
records of the arrest or custody of the child that was the basis
of the taking of the fingerprints, may be used only for the
investigation of the act for which they originally were obtained
or taken; if a child is a suspect in the investigation, for the
investigation of another act that would be an offense if
committed
by an adult; and for arresting or bringing the child
into custody. (c) Originals and copies of fingerprints, photographs, and
records of the arrest or custody that was the basis of the taking
of the fingerprints or photographs shall be released only to the
following: (i) Law enforcement officers of this state or a political
subdivision of this state, upon notification to the juvenile
court
of the name and address of the law enforcement officer or
agency
to whom or to which they will be released; (ii) A court that has jurisdiction of the child's case
under
Chapters 2151. and 2152. of
the Revised Code or subsequent to a
transfer of the child's case for criminal prosecution pursuant to
section 2152.12 of the Revised Code. (D) No person shall knowingly do any of the following: (1) Fingerprint or photograph a child in the investigation
of any violation of law other than as provided in division (A)(1)
or (2) of this section or in sections 109.57,
109.60, and 109.61
of the Revised Code; (2) Retain fingerprints or photographs of a child obtained
or taken under division (A)(1) or (2) of this section, copies of
fingerprints or photographs of that nature, or records
of the
arrest or
custody that was the basis of the taking of fingerprints
or photographs of that nature other than in accordance with
division
(B) of this
section; (3) Use or release fingerprints or photographs of a child
obtained or taken under division (A)(1) or (2) of this section,
copies of fingerprints or photographs of that nature,
or records
of the
arrest or custody that was the basis of the taking of
fingerprints or photographs of that nature other than in
accordance
with division (B) or (C) of this section.
Sec. 2151.355. As used in sections 2151.356 to 2151.358 of the Revised Code:
(A) "Expunge" means to destroy, delete, and erase a record, as appropriate for the record's physical or electronic form or characteristic, so that the record is permanently irretrievable.
(B) "Seal a record" means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records accessible only to the juvenile court.
Sec. 2151.356. (A) The records of a case in which a person was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code shall not be sealed under this section.
(B)(1) The juvenile court shall promptly order the immediate sealing of records pertaining to a juvenile in any of the following circumstances:
(a) If the court receives a record from a public office or agency under division (B)(2) of this section;
(b) If a person was brought before or referred to the court for allegedly committing a delinquent or unruly act and the case was resolved without the filing of a complaint against the person with respect to that act pursuant to section 2151.27 of the Revised Code;
(c) If a person was charged with violating division (E)(1) of section 4301.69 of the Revised Code and the person has successfully completed a diversion program under division (E)(2)(a) of section 4301.69 of the Revised Code with respect to that charge;
(d) If a complaint was filed against a person alleging that the person was a delinquent child, an unruly child, or a juvenile traffic offender and the court dismisses the complaint after a trial on the merits of the case or finds the person not to be a delinquent child, an unruly child, or a juvenile traffic offender;
(e) Notwithstanding division (C) of this section and subject to section 2151.358 of the Revised Code, if a person has been adjudicated an unruly child, that person has attained eighteen years of age, and the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child.
(2) The appropriate public office or agency shall immediately deliver all original records at that public office or agency pertaining to a juvenile to the court, if the person was arrested or taken into custody for allegedly committing a delinquent or unruly act, no complaint was filed against the person with respect to the commission of the act pursuant to section 2151.27 of the Revised Code, and the person was not brought before or referred to the court for the commission of the act. The records delivered to the court as required under this division shall not include fingerprints, DNA specimens, and DNA records described under division (A)(3) of section 2151.357 of the Revised Code.
(C)(1) The juvenile court shall consider the sealing of records pertaining to a juvenile upon the court's own motion or upon the application of a person if the person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code, an unruly child, or a juvenile traffic offender and if, at the time of the motion or application, the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. The motion or application may be made at any time after two years after the later of the following:
(a) The termination of any order made by the court in relation to the adjudication;
(b) The unconditional discharge of the person from the department of youth services with respect to a dispositional order made in relation to the adjudication or from an institution or facility to which the person was committed pursuant to a dispositional order made in relation to the adjudication.
(2) In making the determination whether to seal records pursuant to division (C)(1) of this section, all of the following apply:
(a) The court may require a person filing an application under division (C)(1) of this section to submit any relevant documentation to support the application.
(b) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(c) The court shall promptly notify the prosecuting attorney of any proceedings to seal records initiated pursuant to division (C)(1) of this section.
(d)(i) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings.
(ii) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(iii) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(e) After conducting a hearing in accordance with division (C)(2)(d) of this section or after due consideration when a hearing is not conducted, except as provided in division (B)(1)(c) of this section, the court may order the records of the person that are the subject of the motion or application to be sealed if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(i) The age of the person;
(ii) The nature of the case;
(iii) The cessation or continuation of delinquent, unruly, or criminal behavior;
(iv) The education and employment history of the person;
(v) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration. (D)(1)(a) The juvenile court shall provide verbal notice to a person whose records are sealed under division (B) of this section, if that person is present in the court at the time the court issues a sealing order, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means. (b) The juvenile court shall provide written notice to a person whose records are sealed under division (B) of this section by regular mail to the person's last known address, if that person is not present in the court at the time the court issues a sealing order and if the court does not seal the person's record upon the court's own motion, that explains what sealing a record means, states that the person may apply to have those records expunged under section 2151.358 of the Revised Code, and explains what expunging a record means. (2) Upon final disposition of a case in which a person has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code, an unruly child, or a juvenile traffic offender, the juvenile court shall provide written notice to the person that does all of the following:
(a) States that the person may apply to the court for an order to seal the record;
(b) Explains what sealing a record means;
(c) States that the person may apply to the court for an order to expunge the record under section 2151.358 of the Revised Code; (d) Explains what expunging a record means.
(3) The department of youth services and any other institution or facility that unconditionally discharges a person who has been adjudicated a delinquent child, an unruly child, or a juvenile traffic offender shall immediately give notice of the discharge to the court that committed the person. The court shall note the date of discharge on a separate record of discharges of those natures. Sec. 2151.357. (A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code, the person who is subject of the order properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter, and the court, except as provided in division (D) of this section, shall do all of the following:
(1) Order that the proceedings in a case described in divisions (B) and (C) of section 2151.356 of the Revised Code be deemed never to have occurred;
(2) Except as provided in division (C) of this section, delete all index references to the case and the person so that the references are permanently irretrievable;
(3) Order that all original records of the case maintained by any public office or agency, except fingerprints held by a law enforcement agency, DNA specimens collected pursuant to section 2152.74 of the Revised Code, and DNA records derived from DNA specimens pursuant to section 109.573 of the Revised Code, be delivered to the court;
(4) Order each public office or agency, upon the delivering of records to the court under division (A)(3) of this section, to expunge remaining records of the case that are the subject of the sealing order that are maintained by that public office or agency, except fingerprints, DNA specimens, and DNA records described under division (A)(3) of this section;
(5) Send notice of the order to seal to any public office or agency that the court has reason to believe may have a record of the sealed record; (6) Seal all of the records delivered to the court under division (A)(3) of this section, in a separate file in which only sealed records are maintained.
(B) Except as provided in division (D) of this section, an order to seal under section 2151.356 of the Revised Code applies to every public office or agency that has a record relating to the case, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Except as provided in division (D) of this section, upon the written request of a person whose record has been sealed and the presentation of a copy of the order and compliance with division (A)(3) of this section, a public office or agency shall expunge its record relating to the case, except a record of the adjudication or arrest or taking into custody that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order.
(C) The court that maintains sealed records pursuant to this section may maintain a manual or computerized index of the sealed records and shall make the index available only for the purposes set forth in division (E) of this section.
(1) Each entry regarding a sealed record in the index of sealed records shall contain all of the following:
(a) The name of the person who is the subject of the sealed record;
(b) An alphanumeric identifier relating to the person who is the subject of the sealed record;
(d) The name of the court that has custody of the sealed record.
(2) Any entry regarding a sealed record in the index of sealed records shall not contain either of the following:
(a) The social security number of the person who is subject of the sealed record;
(b) The name or a description of the act committed. (D) Notwithstanding any provision of this section that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is a delinquent child that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under section 2151.356 of the Revised Code to seal the record of an adjudication that an individual is a delinquent child does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order to seal the record of an adjudication that an individual is a delinquent child may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed adjudication records of an individual that were the basis of a permanent exclusion of the individual is subject to division (F) of this section.
(E) Inspection of records that have been ordered sealed under section 2151.356 of the Revised Code may be made only by the following persons or for the following purposes:
(2) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;
(3) Upon application by the person who is the subject of the sealed records, by the person that is named in that application;
(4) If the records in question pertain to an alleged violation of division (E)(1) of section 4301.69 of the Revised Code, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for the purpose of determining whether the person is eligible for diversion under division (E)(2) of section 4301.69 of the Revised Code;
(5) At the request of a party in a civil action that is based on a case the records for which are the subject of a sealing order issued under section 2151.356 of the Revised Code, as needed for the civil action. The party also may copy the records as needed for the civil action. The sealed records shall be used solely in the civil action and are otherwise confidential and subject to the provisions of this section.
(F) No officer or employee of the state or any of its political subdivisions shall knowingly release, disseminate, or make available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, taking into custody, complaint, indictment, information, trial, hearing, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2151.356 of the Revised Code and the release, dissemination, or making available of which is not expressly permitted by this section. Whoever violates this division is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(G) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest or taking into custody for which the records were sealed. If an inquiry is made in violation of this division, the person may respond as if the sealed arrest or taking into custody did not occur, and the person shall not be subject to any adverse action because of the arrest or taking into custody or the response.
(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication, and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code. Sec. 2151.358. (A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier.
(B) Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 of the Revised Code. In making the determination whether to expunge records, all of the following apply:
(1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application.
(2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.
(3) The court shall promptly notify the prosecuting attorney of any proceedings to expunge records.
(4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings.
(b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.
(5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:
(a) The age of the person;
(b) The nature of the case;
(c) The cessation or continuation of delinquent, unruly, or criminal behavior;
(d) The education and employment history of the person;
(e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration. (C) If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section.
(D) After the records have been expunged, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter. Sec. 2151.357 2151.362. (A)(1) In the manner prescribed by division (C)(1) or (2)
of section 3313.64 of the Revised Code, as applicable, the court, at the
time of
making any order that removes a child from the child's own
home or
that vests legal or permanent custody of the child in a person
other
than the child's parent
or a government agency, shall
determine the school
district that is to bear the cost of
educating the child. The
court shall make the
determination a
part of the order that provides for
the child's placement or
commitment. That school district shall bear the cost of educating the child unless and until the court modifies its order pursuant to division (A)(2) of this section.
(2) If, while the child is in the custody of a person other than the child's parent or a government agency, the department of education notifies the court that the place of residence of the child's parent has changed since the court issued its initial order, the court may modify its order to name a different school district to bear the cost of educating the child. The department may submit the notice to the court upon receipt, from the school district initially ordered to bear the cost of educating the child, of evidence acceptable to the department that the residence of the child's parent has changed since the court issued its initial order. In the notice to the court, the department shall recommend to the court whether a different district should be ordered to bear the cost of educating the child and, if so, which district should be so ordered. The department shall recommend to the court the district in which the child's parent currently resides or, if the parent's residence is not known, the district in which the parent's last known residence is located. If the department cannot determine any Ohio district in which the parent currently resides or has resided, the school district designated in the initial court order shall continue to bear the cost of educating the child.
The court may consider the content of a notice by the department of education under division (A)(2) of this section as conclusive evidence as to which school district should bear the cost of educating the child and may amend its order accordingly. (B) Whenever a child is placed in a detention facility
established
under section 2152.41 of the Revised Code or a
juvenile facility
established under section 2151.65 of the Revised
Code, the child's school
district as determined by the court shall
pay the cost of educating the child
based on the per capita cost
of the educational facility within the detention
home or juvenile
facility. (C) Whenever a child is placed by the court in a private
institution, school, or residential treatment center or
any other
private facility, the state shall pay to the court a subsidy to
help defray the expense of educating the child in an amount equal
to the product of the daily per capita educational cost of the
private
facility, as determined pursuant to this section, and the
number of days the child resides at the private facility, provided
that
the subsidy shall not exceed twenty-five
hundred dollars per
year per child. The daily per capita educational cost
of a
private facility shall be determined by dividing the actual
program cost
of the private facility or twenty-five hundred
dollars, whichever is less, by
three hundred sixty-five days or by
three hundred sixty-six days for years
that include February
twenty-ninth. The
state shall pay seventy-five per cent of the
total subsidy for each year
quarterly to the court. The state may
adjust the remaining twenty-five per
cent of the
total subsidy to
be paid to the court for each year to an amount that is less
than
twenty-five per cent of the total subsidy for that year based upon
the
availability of funds appropriated to the department of
education for the
purpose of subsidizing courts that place a child
in a private institution,
school, or residential treatment center
or any other private facility and
shall pay that adjusted amount
to the court at the end of the year.
Sec. 2152.72. (A) This section applies only to a child who
is or
previously has been adjudicated a delinquent child for an
act to which any of
the following applies: (1) The act is a violation of section 2903.01, 2903.02,
2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or
2907.05 of the Revised Code. (2) The act is a violation of section 2923.01 of the
Revised
Code and involved an attempt to
commit aggravated murder or
murder. (3) The act would be a felony if committed by an adult, and
the
court determined that the child, if an adult, would be guilty
of
a specification found in section 2941.141, 2941.144, or
2941.145
of the Revised Code or in another section of the
Revised
Code that relates to the possession or use of a
firearm
during the
commission of the act for which the child was adjudicated a
delinquent child. (4)
The act would be an offense of violence that is a
felony
if
committed by an adult, and the court determined that the
child,
if
an
adult, would be guilty of a specification found in
section
2941.1411 of the Revised Code or
in another section of the
Revised
Code that
relates to the wearing or carrying of body armor
during
the commission
of the act for which the child was
adjudicated a
delinquent
child. (B)(1) Except as provided in division (E) of this
section,
a
public children services agency, private child placing
agency,
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place
a child in a
certified foster home
or for adoption until it
provides the foster
caregivers
or prospective adoptive parents
with all
of the
following: (a) A written report describing the child's social history; (b) A written report describing all the acts committed by
the
child
the entity knows of that
resulted in the child being
adjudicated a delinquent child and
the disposition made by the
court, unless the records pertaining
to the acts have been sealed
pursuant to section 2151.358 2151.356 of the
Revised Code; (c) A written report describing any other violent act
committed
by the
child of which the entity is aware; (d) The substantial and material conclusions and
recommendations
of any
psychiatric or psychological examination
conducted
on the child or, if no psychological or psychiatric
examination of the child
is available, the substantial and
material conclusions and recommendations of
an examination to
detect mental and emotional disorders conducted in
compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or
professional counselor licensed under that chapter.
The entity shall not
provide any part of a psychological,
psychiatric, or mental and emotional
disorder examination to the
foster caregivers
or prospective adoptive parents other than the
substantial and
material
conclusions. (2) Notwithstanding section sections 2151.356 to 2151.358 of the Revised
Code, if
records of an adjudication that a child is a delinquent
child have
been sealed pursuant to that section those sections and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers
or prospective adoptive parents a
written statement
that the records of a prior
adjudication have been sealed. (C)(1) The entity that places
the child in a certified
foster
home
or for adoption shall conduct a psychological
examination of
the
child
unless either of the
following applies: (a) An entity is not required to conduct the
examination
if
an examination was conducted no more than one
year prior
to
the
child's
placement, and division (C)(1)(b) of this section does
not
apply. (b) An entity is not required to conduct the examination if a
foster caregiver seeks to adopt the foster caregiver's foster
child, and an examination was conducted no more than two years
prior to the date the foster caregiver seeks to adopt the child. (2) No later than sixty days
after placing
the child, the
entity shall
provide the foster
caregiver
or prospective adoptive
parents a written
report
detailing the substantial and material
conclusions
and
recommendations of the examination conducted
pursuant to this
division. (D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and
preparing the reports
and assessment required by division (B) or
(C) of this
section shall be paid by the entity that places the
child in the
certified foster home
or for adoption. (2) When a juvenile court grants temporary or permanent
custody of a child
pursuant to any section of the Revised Code,
including section 2151.33,
2151.353, 2151.354,
or 2152.19 of the
Revised Code, to a public children services agency or
private
child placing agency, the
court shall provide the agency the
information described in division
(B) of this
section, pay the
expenses of preparing that information, and, if a new
examination
is required to be conducted, pay the expenses of
conducting the
examination described in division (C) of this section.
On receipt
of the information described in division (B) of this
section, the
agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the
acknowledgment and
provide a copy to the agency. On the motion of
the agency, the court may
terminate the order granting
temporary
or permanent custody of the child to that agency, if the court
does
not provide the information described in division (B) of this
section. (3) If one of the following entities is placing a child in a
certified
foster home
or for adoption
with the assistance of or by
contracting
with a public children services
agency, private child
placing
agency, or a private noncustodial agency, the
entity shall
provide
the agency with the information described in division
(B)
of this
section, pay the expenses of preparing that information,
and, if a
new examination is required to be conducted, pay the
expenses of
conducting the examination described in division (C)
of this
section: (a) The department of youth services if the placement is
pursuant
to any section of the Revised Code including section
2152.22, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised
Code; (b) A juvenile court with temporary or permanent custody of
a
child pursuant to section 2151.354 or 2152.19 of the Revised
Code; (c) A public children services agency or private child
placing
agency with temporary or permanent custody of the child. The agency receiving the information described in division
(B) of
this section shall provide the entity
described in division
(D)(3)(a) to (c)
of this section that sent the information written
acknowledgment that the
agency received
the information and
provided it to the foster caregivers
or prospective adoptive
parents. The entity shall
keep the
acknowledgment and provide a
copy
to the agency. An entity that
places a child in a certified
foster home
or for adoption with the assistance of
or by
contracting with an agency remains responsible to provide
the
information described in division
(B) of this section to the
foster caregivers
or prospective adoptive parents unless the
entity receives written
acknowledgment that the agency provided
the information. (E) If a child is placed
in a certified foster home as a
result of an emergency removal of the
child from home pursuant to
division
(D) of section 2151.31 of the
Revised Code, an emergency
change in
the child's case plan pursuant to division
(E)(3) of
section 2151.412 of
the Revised Code, or an emergency placement by
the
department of youth services pursuant to this chapter or
Chapter
5139. of the Revised Code, the entity that places the
child
in the certified foster
home shall provide the information
described in division
(B) of this section no later
than ninety-six
hours after the child is placed in the certified foster
home. (F) On receipt of the information described in divisions
(B)
and (C) of this section, the foster caregiver
or prospective
adoptive parents shall
provide to the
entity that places the child
in the foster caregiver's
or prospective adoptive parents' home a
written acknowledgment that the foster caregiver
or prospective
adoptive parents received the
information.
The
entity shall keep
the acknowledgment and provide
a copy to the foster
caregiver
or
prospective adoptive parents. (G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
certified foster home
or for adoption
shall
fail to provide the
foster caregivers
or prospective adoptive parents
with the
information
required by divisions (B) and
(C) of this
section. (H) It is not a violation of any duty of
confidentiality
provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division
(B)(1)(d) or
(C) of this section. (I) As used in this section: (1) "Body armor" has the same meaning as in section
2941.1411 of
the Revised Code. (2) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), 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, 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), (D)(5), (D)(6), 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, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
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 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven 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)(f) 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)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same 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,
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 if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, 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
OVI 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, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by 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 a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. 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. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) 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)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) 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)(6) of this section for felonies committed as
part of the same act. (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. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed 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, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or 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)
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
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) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code 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, 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 sentence including a prison term of a type described in this division on or after the effective date of this amendment, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
of a type described in division (C) of that
section for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this 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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, 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
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
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
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
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
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
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. 2929.19. (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 on or after January 1, 1997, for a
sexually oriented offense that is not a registration-exempt sexually oriented offense and who is in any category of offender described in division (B)(1)(a)(i), (ii), or (iii) of section 2950.09 of the Revised Code, 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
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender was adjudicated a sexually violent predator. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. Before imposing sentence on or after July 31, 2003, on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 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 violent sex offense or designated homicide, assault, or kidnapping 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 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;. If a court imposes a sentence including a prison term of a type described in division (B)(3)(c) of this section on or after the effective date of this amendment, the failure of a court to notify the offender pursuant to division (B)(3)(c) of this section that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of this section and failed to notify the offender pursuant to division (B)(3)(c) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (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;. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of this section and failed to notify the offender pursuant to division (B)(3)(d) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (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;. If a court imposes a sentence including a prison term on or after the effective date of this amendment, the failure of a court to notify the offender pursuant to division (B)(3)(e) of this section that the parole board may impose a prison term as described in division (B)(3)(e) of this section for a violation of that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the authority of the parole board to so impose a prison term for a violation of that nature if, pursuant to division (D)(1) of section 2967.28 of the Revised Code, the parole board notifies the offender prior to the offender's release of the board's authority to so impose a prison term. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of this section regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control. (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
violent sex offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the offender is adjudicated a
sexually
violent predator in relation to that offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and 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, if the offender is being sentenced on or after July 31, 2003, for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, 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
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section. (C)(1) If the offender is being sentenced for a fourth
degree felony
OVI 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 except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code. (2) If the offender is being sentenced for a third or fourth
degree felony
OVI 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.
In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the
court also may impose a community control
sanction on the
offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval. Sec. 2929.191. (A)(1) If, prior to the effective date of this section, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(1) of section 2929.14 of the Revised Code, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison.
If, prior to the effective date of this section, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of section 2929.19 of the Revised Code and failed to notify the offender pursuant to that division that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include a statement to that effect in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(2) of section 2929.14 of the Revised Code, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison.
(2) If a court prepares and issues a correction to a judgment of conviction as described in division (A)(1) of this section before the offender is released from imprisonment under the prison term the court imposed prior to the effective date of this section, the court shall place upon the journal of the court an entry nunc pro tunc to record the correction to the judgment of conviction and shall provide a copy of the entry to the offender or, if the offender is not physically present at the hearing, shall send a copy of the entry to the department of rehabilitation and correction for delivery to the offender. If the court sends a copy of the entry to the department, the department promptly shall deliver a copy of the entry to the offender. The court's placement upon the journal of the entry nunc pro tunc before the offender is released from imprisonment under the term shall be considered, and shall have the same effect, as if the court at the time of original sentencing had included the statement in the sentence and the judgment of conviction entered on the journal and had notified the offender that the offender will be so supervised regarding a sentence including a prison term of a type described in division (B)(3)(c) of section 2929.19 of the Revised Code or that the offender may be so supervised regarding a sentence including a prison term of a type described in division (B)(3)(d) of that section.
(B)(1) If, prior to the effective date of this section, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control or to include in the judgment of conviction entered on the journal a statement to that effect, at any time before the offender is released from imprisonment under that term and at a hearing conducted in accordance with division (C) of this section, the court may prepare and issue a correction to the judgment of conviction that includes in the judgment of conviction the statement 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 section 2929.19 of the Revised Code, 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 as part of the sentence a prison term of up to one-half of the stated prison term originally imposed upon the offender.
(2) If the court prepares and issues a correction to a judgment of conviction as described in division (B)(1) of this section before the offender is released from imprisonment under the term, the court shall place upon the journal of the court an entry nunc pro tunc to record the correction to the judgment of conviction and shall provide a copy of the entry to the offender or, if the offender is not physically present at the hearing, shall send a copy of the entry to the department of rehabilitation and correction for delivery to the offender. If the court sends a copy of the entry to the department, the department promptly shall deliver a copy of the entry to the offender. The court's placement upon the journal of the entry nunc pro tunc before the offender is released from imprisonment under the term shall be considered, and shall have the same effect, as if the court at the time of original sentencing had included the statement in the judgment of conviction entered on the journal and had notified the offender pursuant to division (B)(3)(e) of section 2929.19 of the Revised Code regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control.
(C) On and after the effective date of this section, a court that wishes to prepare and issue a correction to a judgment of conviction of a type described in division (A)(1) or (B)(1) of this section shall not issue the correction until after the court has conducted a hearing in accordance with this division. Before a court holds a hearing pursuant to this division, the court shall provide notice of the date, time, place, and purpose of the hearing to the offender who is the subject of the hearing, the prosecuting attorney of the county, and the department of rehabilitation and correction. The offender has the right to be physically present at the hearing, except that, upon the court's own motion or the motion of the offender or the prosecuting attorney, the court may permit the offender to appear at the hearing by video conferencing equipment if available and compatible. An appearance by video conferencing equipment pursuant to this division has the same force and effect as if the offender were physically present at the hearing. At the hearing, the offender and the prosecuting attorney may make a statement as to whether the court should issue a correction to the judgment of conviction.
Sec. 2930.13. (A) If the court orders the preparation of
a
victim impact statement pursuant to division (D)(1) of
section
2152.19 or section 2947.051 of the
Revised Code, the victim in the
case may make a written or oral
statement regarding the impact of
the crime or specified
delinquent act to the
person whom
the court
orders to prepare the victim impact statement. A
statement made
by the victim under this section shall be included
in the victim
impact statement. (B) If a probation officer or other person is preparing a
presentence investigation report pursuant to section 2947.06 or
2951.03
of the Revised Code or Criminal Rule 32.2, or a
disposition
investigation report pursuant to section 2151.355 2152.18 of
the Revised
Code, concerning the
defendant or alleged juvenile
offender in the case,
the victim may make a written or oral
statement regarding the impact of the
crime or specified
delinquent act to the probation
officer or
other person. The
probation officer or other
person shall use the statement in
preparing the
presentence investigation report or disposition
investigation report
and, upon
the victim's request, shall include
a written statement submitted
by the victim in the presentence
investigation report or disposition
investigation report. (C) A statement made by the victim under division (A) or
(B)
of this section may include the following: (1) An explanation of the nature and extent of any
physical,
psychological, or emotional harm suffered by the victim
as a
result of the crime or specified delinquent act that is the basis
of the case; (2) An explanation of the extent of any property damage or
other economic loss suffered by the victim as a result of
that
crime or specified delinquent act; (3) An opinion regarding the extent to which, if any, the
victim needs restitution for harm caused by the defendant or
alleged
juvenile offender as a
result of that crime or specified
delinquent act and
information about whether the victim has
applied for or received
any compensation for loss or damage caused
by that crime or specified
delinquent act; (4) The victim's recommendation for an appropriate
sanction
or disposition for the defendant or alleged juvenile
offender
regarding that crime or specified delinquent act. (D) If a statement made by a victim under
division (A) of
this section is included in a victim
impact statement, the
provision, receipt, and retention of
copies of, the use of, and
the confidentiality, nonpublic record character,
and sealing of
the victim impact statement is
governed by division (H)(B)(2) of section
2151.355 2152.20 or by division
(C) of section 2947.051 of the Revised
Code, as appropriate. If a statement made by a
victim under
division (B) of this section is included in a presentence
investigation report prepared pursuant to section 2947.06 or
2951.03 of the
Revised Code
or Criminal Rule 32.2 or in a
disposition
investigation report pursuant to division (C)(1) of
section
2152.18 of the Revised
Code, the
provision, receipt, and
retention of copies of, the use of, and the
confidentiality,
nonpublic record character, and sealing of the
presentence
investigation report or disposition investigation report
that
contains the victim's statement
is governed by section 2951.03 of
the Revised Code.
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. If a court imposes a sentence including a prison term of a type described in this division on or after the effective date of this amendment, the failure of a sentencing court to notify the offender pursuant to division (B)(3)(c) of section 2929.19 of the Revised Code of this requirement or to include in the judgment of conviction entered on the journal a statement that the offender's sentence includes this requirement does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under this division. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(3)(c) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(1) of section 2929.14 of the Revised Code a statement regarding post-release control. 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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to notify the offender pursuant to division (B)(3)(d) of section 2929.19 of the Revised Code regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence pursuant to division (F)(2) of section 2929.14 of the Revised Code a statement regarding post-release control. (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. Regardless of whether the prisoner was sentenced to the prison term prior to, on, or after the effective date of this amendment, 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 notify the prisoner that, if the prisoner violates any sanction so imposed or any condition of post-release control described in division (B) of section 2967.131 of the Revised Code that is imposed on the prisoner, the parole board may impose a prison term of up to one-half of the stated prison term originally imposed upon the prisoner. (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 Whenever the parole board imposes one or more post-release control sanctions 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
field services 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)
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. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include: (1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section; (2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section; (3) Procedures for annually compiling the data in
accordance
with division (G) of this section; (4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section. (B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following: (1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes: (a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section. (b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section. (c) Average student grades in each subject in grades nine
through twelve; (d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code; (e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code; (f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code; (g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration. (j) The percentage of students receiving corporal
punishment; (l) Rates of retention in grade; (m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules; (n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements; (o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results. (2) Personnel and classroom enrollment data for each
school
district, including: (a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building. (b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building. (c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district. (d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code. (3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government. (b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs. (4) Any data required to be collected pursuant to federal law. (C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following: (1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code. (2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building. (3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher; (b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category; (c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category. (4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components: (a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract; (b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer; (c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category. (D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the data
acquisition site
operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
acquisition
site
to have
access to
such
information or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members. (2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section. Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but, except as provided in section 3310.11 of the Revised Code, at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data. Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section. (E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section. (F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 2151.357 or 3319.321 of
the Revised Code. (G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall: (1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district; (2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(d) of this section. (H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district. (2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education. (3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available. (I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code. (J) As used in this section: (1) "School district" means any city, local, exempted
village, or joint vocational school district. (2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code. (K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data. (L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files: (1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system; (2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system; (3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system. Any report made under this division shall include
recommendations
for corrective action by the school district. Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which the
report was made by the department. (M) No data acquisition site or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department. (N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system. (O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code. (Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code: (1)(a) Except as provided in division (A)(1)(b) of this section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities. (b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact under the power of attorney.
When a child is the subject of a caretaker authorization affidavit
executed under sections 3109.64 to 3109.73 of the Revised Code,
"parent" means the grandparent that executed the affidavit. (2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code. (3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services. (4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies: (a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services. (b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose. (c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state. (d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code. (5)
"Agency" means all of the following: (a) A public children services agency; (b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption; (c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code. (6) A child is placed for adoption if either of the
following occurs: (a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child. (b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child. (7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten. (8)
"Child," unless otherwise indicated, includes
handicapped
preschool children. (9) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code. (B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division. (1) A child shall be admitted to the schools of the school
district in which the child's parent resides. (2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies: (a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent. (b) The child resides in a home. (c) The child requires special education. (3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies: (a) The placement for adoption has been terminated. (b) Another school district is required to admit the child
under division (B)(1) of this section. Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code. (C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows: (1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of residence, as defined in section 3323.01 of the Revised Code, shall pay tuition for the child in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home. (2) For a child that does not receive special education in accordance with Chapter 3323. of the Revised Code, except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by: (a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first; (b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first; (c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 2151.362 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency; (d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement; (e) If the court has modified its order as to which district is responsible to bear the cost of educating the child pursuant to division (A)(2) of section 2151.357 2151.362 of the Revised Code, the district determined to be responsible for that cost in the order so modified. (3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following: (a) The school district in which the child's parent
resides; (b) If the child's parent is not a resident of this state,
the home in which the child resides. (D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund. (E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child. (F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section: (1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside. (2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence. (3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require. (4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following: (a) That the parent is serving outside of the state in the
armed services of the United States; (b) That the parent intends to reside in the district upon
returning to this state; (c) The name and address of the person with whom the child
is living while the parent is outside the state. (5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board. (6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion; (b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement. (7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there; (b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement. The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports. (8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year. (9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district. The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division. (10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code. (11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance. In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent. Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee. (12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur: (a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division; (b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents. While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends. A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following: (a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C); (b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located. (14) A child under the age of twenty-two years who resides with a person other than the child's parent is entitled to attend school in the school district in which that person resides if both of the following apply: (a) That person has been appointed, through a military power of attorney executed under section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, or through a comparable document necessary to complete a family care plan, as the parent's agent for the care, custody, and control of the child while the parent is on active duty as a member of the national guard or a reserve unit of the armed forces of the United States or because the parent is a member of the armed forces of the United States and is on a duty assignment away from the parent's residence. (b) The military power of attorney or comparable document includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the parent's agent under the military power of attorney or comparable document resides applies until the end of the school year in which the military power of attorney or comparable document expires. (G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following: (1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students; (2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization. (H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section. (I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied: (a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section. (b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts. (2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division. (3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section. (4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (H) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code. (J) This division does not apply to a child receiving
special education. A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires. Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state. (K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides. (L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code. (M) In accordance with division (B)(1) of this section, a child whose parent is a member of the national guard or a reserve unit of the armed forces of the United States and is called to active duty, or a child whose parent is a member of the armed forces of the United States and is ordered to a temporary duty assignment outside of the district, may continue to attend school in the district in which the child's parent lived before being called to active duty or ordered to a temporary duty assignment outside of the district, as long as the child's parent continues to be a resident of that district, and regardless of where the child lives as a result of the parent's active duty status or temporary duty assignment. However, the district is not responsible for providing transportation for the child if the child lives outside of the district as a result of the parent's active duty status or temporary duty assignment.
Sec. 3313.662. (A) The superintendent of public
instruction, pursuant to this section and the adjudication
procedures of section 3301.121 of the Revised Code, may issue an
adjudication order that permanently excludes a pupil from
attending any of the public schools of this state if the pupil is
convicted of, or adjudicated a delinquent child for, committing,
when the pupil was sixteen years of age or older, an act that would
be a criminal offense if committed by an adult and if the act is any
of the following: (1) A violation of section 2923.122 of the Revised Code; (2) A violation of section 2923.12 of the Revised Code, of
a substantially similar municipal ordinance, or of section 2925.03 of
the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, a
board of education of a city, local, exempted village, or joint
vocational school district; (3) A violation of section 2925.11 of the Revised
Code, other than a violation of that
section that would be a minor drug possession offense, that was committed on
property owned or controlled by, or at an activity held under the auspices of,
the board of education of a city, local, exempted village, or joint vocational
school district; (4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11,
2903.12, 2907.02, or 2907.05 or of former section 2907.12 of the
Revised Code that was committed on property owned or controlled
by, or at an activity held under the auspices of, a board of
education of a city, local, exempted village, or joint vocational
school district, if the victim at the time of the commission of
the act was an employee of that board of education; (5) Complicity in any violation described in division
(A)(1), (2), (3), or (4) of this section that was
alleged to have been
committed in the manner described in division (A)(1), (2),
(3), or (4) of this section, regardless of whether the act of
complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, a board of education of a city,
local, exempted village, or joint vocational school district. (B) A pupil may be suspended or expelled in accordance
with section 3313.66 of the Revised Code prior to being
permanently excluded from public school attendance under this
section and section 3301.121 of the Revised Code. (C)(1) If the superintendent of a city, local, exempted
village, or joint vocational school district in which a pupil
attends school obtains or receives proof that the pupil has been
convicted of committing when the pupil was sixteen years of age or
older a violation listed in division (A) of this section or adjudicated
a delinquent child for the commission when the pupil was sixteen
years of age or older of a violation listed in division (A) of this
section, the superintendent may issue to the board of education
of the school district a request that the pupil be permanently
excluded from public school attendance, if both of the following
apply: (a) After obtaining or receiving proof of the
conviction or adjudication, the superintendent or the superintendent's
designee determines
that the pupil's continued attendance in school may endanger the
health and safety of other pupils or school employees and gives
the pupil and the pupil's parent, guardian, or custodian written notice
that the superintendent intends to recommend to the board of
education that the board adopt a resolution requesting the
superintendent of public instruction to permanently exclude the
pupil from public school attendance. (b) The superintendent or the superintendent's designee forwards
to the board of education the superintendent's written recommendation
that includes the determinations the superintendent or
designee made pursuant
to division (C)(1)(a) of this section and a copy of the proof the
superintendent
received showing that the pupil has been convicted of or
adjudicated a delinquent child for a violation listed in division
(A) of this section that was committed when the pupil was sixteen
years of age or older. (2) Within fourteen days after receipt of a recommendation
from the superintendent pursuant to division (C)(1)(b) of this
section that a pupil be permanently excluded from public school
attendance, the board of education of a city, local, exempted
village, or joint vocational school district, after review and
consideration of all of the following available information, may
adopt a resolution requesting the superintendent of public
instruction to permanently exclude the pupil who is the subject
of the recommendation from public school attendance: (a) The academic record of the pupil and a record of any
extracurricular activities in which the pupil previously was
involved; (b) The disciplinary record of the pupil and any available
records of the pupil's prior behavioral problems other than the
behavioral problems contained in the disciplinary record; (c) The social history of the pupil; (d) The pupil's response to the imposition of prior
discipline and sanctions imposed for behavioral problems; (e) Evidence regarding the seriousness of and any
aggravating factors related to the offense that is the basis of
the resolution seeking permanent exclusion; (f) Any mitigating circumstances surrounding the offense
that gave rise to the request for permanent exclusion; (g) Evidence regarding the probable danger posed to the
health and safety of other pupils or of school employees by the
continued presence of the pupil in a public school setting; (h) Evidence regarding the probable disruption of the
teaching of any school district's graded course of study by the
continued presence of the pupil in a public school setting; (i) Evidence regarding the availability of alternative
sanctions of a less serious nature than permanent exclusion that
would enable the pupil to remain in a public school setting
without posing a significant danger to the health and safety of
other pupils or of school employees and without posing a threat
of the disruption of the teaching of any district's graded course
of study. (3) If the board does not adopt a resolution requesting
the superintendent of public instruction to permanently exclude
the pupil, it immediately shall send written notice of that fact
to the superintendent who sought the resolution, to the pupil who
was the subject of the proposed resolution, and to that pupil's
parent, guardian, or custodian. (D)(1) Upon adoption of a resolution under division (C) of
this section, the board of education immediately shall forward to
the superintendent of public instruction the written resolution,
proof of the conviction or adjudication that is the basis of the
resolution, a copy of the pupil's entire school record, and any
other relevant information and shall forward a copy of the
resolution to the pupil who is the subject of the recommendation
and to that pupil's parent, guardian, or custodian. (2) The board of education that adopted and forwarded the
resolution requesting the permanent exclusion of the pupil to the
superintendent of public instruction promptly shall designate a
representative of the school district to present the case for
permanent exclusion to the superintendent or the referee
appointed by the superintendent. The representative of the
school district may be an attorney admitted to the practice of
law in this state. At the adjudication hearing held pursuant to
section 3301.121 of the Revised Code, the representative of the
school district shall present evidence in support of the
requested permanent exclusion. (3) Upon receipt of a board of education's resolution
requesting the permanent exclusion of a pupil from public school
attendance, the superintendent of public instruction, in
accordance with the adjudication procedures of section 3301.121
of the Revised Code, promptly shall issue an adjudication order
that either permanently excludes the pupil from attending any of
the public schools of this state or that rejects the resolution
of the board of education. (E) Notwithstanding any provision of section 3313.64 of
the Revised Code or an order of any court of this state that
otherwise requires the admission of the pupil to a school, no
school official in a city, local, exempted village, or joint
vocational school district knowingly shall admit to any school in
the school district a pupil who has been permanently excluded
from public school attendance by the superintendent of public
instruction. (F)(1)(a) Upon determining that the school attendance of a
pupil who has been permanently excluded from public school attendance
no longer will endanger the health and safety of other students
or school employees, the superintendent of any city, local,
exempted village, or joint vocational school district in which
the pupil desires to attend school may issue to the board of
education of the school district a recommendation, including the
reasons for the recommendation, that the permanent exclusion of a
pupil be revoked and the pupil be allowed to return to the public
schools of the state. If any violation which in whole or in part gave rise to the permanent
exclusion of any pupil involved the pupil's bringing a firearm to a school
operated by the board of education of a school district or
onto any other property owned or operated by such a board, no
superintendent shall recommend under this division an effective date for the
revocation of the pupil's permanent exclusion that is less than one year after
the date on which the
last such firearm incident occurred. However, on a case-by-case basis, a
superintendent may recommend an earlier effective date for such a revocation
for any of the reasons for which the superintendent may
reduce the one-year expulsion
requirement in division (B)(2) of section 3313.66 of the Revised Code. (b) Upon receipt of the recommendation of the
superintendent that a permanent exclusion of a pupil be revoked,
the board of education of a city, local, exempted village, or
joint vocational school district may adopt a resolution by a
majority vote of its members requesting the superintendent of
public instruction to revoke the permanent exclusion of the
pupil. Upon adoption of the resolution, the board of education
shall forward a copy of the resolution, the reasons for the
resolution, and any other relevant information to the
superintendent of public instruction. (c) Upon receipt of a resolution of a board of education
requesting the revocation of a permanent exclusion of a pupil,
the superintendent of public instruction, in accordance with the
adjudication procedures of Chapter 119. of the Revised Code,
shall issue an adjudication order that revokes the permanent
exclusion of the pupil from public school attendance or that
rejects the resolution of the board of education. (2)(a) A pupil who has been permanently excluded pursuant
to this section and section 3301.121 of the Revised Code may
request the superintendent of any city, local, exempted village,
or joint vocational school district in which the pupil desires to
attend school to admit the pupil on a probationary basis for a
period not to exceed ninety school days. Upon receiving the
request, the superintendent may enter into discussions with the
pupil and with the pupil's parent, guardian, or custodian or a
person designated by the pupil's parent, guardian, or custodian
to develop a probationary admission plan designed to assist the
pupil's probationary admission to the school. The plan may
include a treatment program, a behavioral modification program,
or any other program reasonably designed to meet the educational
needs of the child and the disciplinary requirements of the
school. If any violation which in whole or in part gave rise to the permanent
exclusion of the pupil involved the pupil's bringing a firearm to a school
operated by the board of education of any school district or
onto any other property owned or operated by such a board, no plan
developed under this division for the pupil shall include an effective date
for the probationary admission of the pupil that is less than one year after
the date on which the last such firearm incident occurred except that on a
case-by-case basis, a
plan may include an earlier effective date for such an admission for any of
the reasons for which the superintendent of the district may reduce the
one-year expulsion requirement in division (B)(2) of section 3313.66
of the Revised Code. (b) If the superintendent of a school district, a pupil,
and the pupil's parent, guardian, or custodian or a person
designated by the pupil's parent, guardian, or custodian agree
upon a probationary admission plan prepared pursuant to division
(F)(2)(a) of this section, the superintendent of the school
district shall issue to the board of education of the school
district a recommendation that the pupil be allowed to attend
school within the school district under probationary admission,
the reasons for the recommendation, and a copy of the agreed upon
probationary admission plan. Within fourteen days after the
board of education receives the recommendation, reasons, and
plan, the board may adopt the recommendation by a majority vote
of its members. If the board adopts the recommendation, the
pupil may attend school under probationary admission within that
school district for a period not to exceed ninety days or any
additional probationary period permitted under divisions
(F)(2)(d) and (e) of this section in accordance with the
probationary admission plan prepared pursuant to division
(F)(2)(a) of this section. (c) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section fails to comply with the probationary admission plan
prepared pursuant to division (F)(2)(a) of this section, the
superintendent of the school district immediately may remove the
pupil from the school and issue to the board of education of the
school district a recommendation that the probationary admission
be revoked. Within five days after the board of education
receives the recommendation, the board may adopt the
recommendation to revoke the pupil's probationary admission by a
majority vote of its members. If a majority of the board does
not adopt the recommendation to revoke the pupil's probationary
admission, the pupil shall continue to attend school in
compliance with the pupil's probationary admission plan. (d) If a pupil who is permitted to attend school under
probationary admission pursuant to division (F)(2)(b) of this
section complies with the probationary admission plan prepared
pursuant to division (F)(2)(a) of this section, the pupil or the
pupil's
parent, guardian, or custodian, at any time before the expiration
of the ninety-day probationary admission period, may request the
superintendent of the school district to extend the terms and
period of the pupil's probationary admission for a period not to
exceed ninety days or to issue a recommendation pursuant to division
(F)(1) of this section that the pupil's permanent exclusion be
revoked and the pupil be allowed to return to the public schools
of this state. (e) If a pupil is granted an extension of the pupil's probationary
admission pursuant to division (F)(2)(d) of this section, the
pupil or the pupil's parent, guardian, or custodian, in the manner
described in that division, may request, and the superintendent
and board, in the manner described in that division, may
recommend and grant, subsequent probationary admission periods not
to exceed ninety days each. If a pupil who is permitted to
attend school under an extension of a probationary admission plan
complies with the probationary admission plan prepared pursuant
to the extension, the pupil or the pupil's parent,
guardian, or custodian may
request a revocation of the pupil's permanent exclusion in the
manner described in division (F)(2)(d) of this section. (f) Any extension of a probationary admission requested by
a pupil or a pupil's parent, guardian, or custodian pursuant to
divisions (F)(2)(d) or (e) of this section shall be subject to
the adoption and approval of a probationary admission plan in the
manner described in divisions (F)(2)(a) and (b) of this section
and may be terminated as provided in division (F)(2)(c) of this
section. (g) If the pupil has complied with any probationary
admission plan and the superintendent issues a recommendation
that seeks revocation of the pupil's permanent exclusion pursuant
to division (F)(1) of this section, the pupil's compliance with
any probationary admission plan may be considered along with
other relevant factors in any determination or adjudication
conducted pursuant to division (F)(1) of this section. (G)(1) Except as provided in division (G)(2) of this
section, any information regarding the permanent exclusion of a
pupil shall be included in the pupil's official records and shall
be included in any records sent to any school district that
requests the pupil's records. (2) When a pupil who has been permanently excluded from
public school attendance reaches the age of twenty-two or when
the permanent exclusion of a pupil has been revoked, all school
districts that maintain records regarding the pupil's permanent
exclusion shall remove all references to the exclusion from the
pupil's file and shall destroy them. A pupil who has reached the age of twenty-two or whose
permanent exclusion has been revoked may send a written notice to
the superintendent of any school district maintaining records of
the pupil's permanent exclusion requesting the superintendent to
ensure
that the records are removed from the pupil's file and destroyed.
Upon receipt of the request and a determination that the pupil is
twenty-two years of age or older or that the pupil's permanent
exclusion has been revoked, the superintendent shall ensure that
the records are removed from the pupil's file and destroyed. (H)(1) This section does not apply to any of the
following: (a) An institution that is a residential facility, that
receives and cares for children, that is maintained by the
department of youth services, and that operates a school
chartered by the state board of education under section 3301.16
of the Revised Code; (b) Any on-premises school operated by an out-of-home care
entity, other than a school district, that is chartered by the state board of education under
section 3301.16 of the Revised Code; (c) Any school operated in connection with an out-of-home
care entity or a nonresidential youth treatment program that
enters into a contract or agreement with a school district for
the provision of educational services in a setting other than a
setting that is a building or structure owned or controlled by
the board of education of the school district during normal
school hours. (2) This section does not
prohibit any person who has been permanently excluded pursuant to
this section and section 3301.121 of the Revised Code from
seeking a certificate of high school equivalence. A person who
has been permanently excluded may be permitted to participate in
a course of study in preparation for the tests of general
educational development, except that the person shall not
participate during normal school hours in that course of study in any
building or structure owned or controlled by the board of
education of a school district. (3) This section does not
relieve any school district from any requirement under section
2151.357 2151.362 or 3313.64 of the Revised Code to pay for the cost of
educating any child who has been permanently excluded pursuant to
this section and section 3301.121 of the Revised Code. (I) As used in this section: (1) "Permanently exclude" means to forever prohibit an
individual from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district. (2) "Permanent exclusion" means the prohibition of a pupil
forever from attending any public school in this state that is
operated by a city, local, exempted village, or joint vocational
school district. (3) "Out-of-home care" has the same meaning as in section
2151.011 of the Revised Code. (4) "Certificate of high school equivalence" has the same
meaning as in section 4109.06 of the Revised Code. (5) "Nonresidential youth treatment program" means a
program designed to provide services to persons under the age of
eighteen in a setting that does not regularly provide long-term
overnight care, including settlement houses, diversion and
prevention programs, run-away centers, and alternative education
programs. (6) "Firearm" has the same meaning as provided pursuant to the
"Gun-Free Schools Act of 1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2). (7) "Minor drug possession offense" has the same meaning
as in section 2925.01 of the Revised Code.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction. (A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following: (1) That the school shall
be established as
either of the
following: (a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003; (b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum; (3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests; (4) Performance standards by which the success of the
school
will be evaluated by the sponsor. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division. (5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code; (6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student. (7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves; (8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code. (9) The facilities to be used and
their locations; (10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code; (11) That the school will comply with the following
requirements: (a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year; (b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school; (c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution; (d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.358 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code; (e) The school shall comply with Chapter 102. and section 2921.42 of
the
Revised Code; (f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education; (g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. (12) Arrangements for providing health and other benefits
to
employees; (13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section. (14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract; (15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of the subsidy calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code. (16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code; (17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees; (18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school; (19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following: (a) Prohibit the enrollment of students who reside outside
the
district in which the school is located; (b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located; (c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code; (21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following: (a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations; (b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code; (24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following: (1) The process by which the governing authority of the
school will be
selected in the future; (2) The management and administration of the school; (3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion; (4) The instructional program and educational philosophy of
the
school; (5) Internal financial controls. (C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state. (D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. (F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3323.01. As used in this chapter and Chapter 3321. of
the Revised Code: (A) "Handicapped child" means a person under twenty-two
years of age who is developmentally handicapped, hearing
handicapped, speech handicapped, visually disabled, severe
behavior handicapped, orthopedically handicapped,
multihandicapped, other health handicapped, specific learning
disabled, autistic, or traumatic brain injured, and by reason
thereof requires special education. (B) "Special education program" means the required related
services and instruction specifically designed to meet the unique
needs of a handicapped child, including classroom instruction,
home instruction, and instruction in hospitals and institutions
and in other settings. (C) "Related services" means transportation, and such
developmental, corrective, and other supportive services as may
be required to assist a handicapped child to benefit from special
education, including the early identification and assessment of
handicapped conditions in children, speech pathology and
audiology, psychological services, occupational and physical
therapy, physical education, recreation, counseling services
including rehabilitative counseling, and medical services, except
that such medical services shall be for diagnostic and evaluation
purposes only. (D) "Appropriate public education" means special education
and related services that: (1) Are provided at public expense and under public
supervision; (2) Meet the standards of the state board of education; (3) Include an appropriate preschool, elementary, or
secondary education; (4) Are provided in conformity with the individualized
education program required under this chapter. (E) "Individualized education program" means a written
statement for each handicapped child designed to meet the unique
needs of a handicapped child, which statement shall include: (1) A statement of the present levels of educational
performance of such child; (2) A statement of annual goals, including short-term
instructional objectives; (3) A statement of the specific educational services to be
provided to such child, and the extent to which such child will
be able to participate in regular educational programs; (4) A statement of the transition services needed for such
child beginning no later than age sixteen and annually thereafter
(and, when determined appropriate for such child, beginning at
age fourteen or younger), including, when appropriate, a
statement of the interagency responsibilities and linkages before
the student leaves the school setting; (5) The projected date for initiation and anticipated
duration of such services; (6) Appropriate objective criteria and evaluation
procedures and schedules for determining, on at least an annual
basis, whether instructional objectives are being achieved, and
whether current placement is appropriate. (F) "Other educational agency" means a department,
division, bureau, office, institution, board, commission,
committee, authority, or other state or local agency, other than
a school district or an agency administered by the department of
mental retardation and developmental disabilities, that provides
or seeks to provide special education or related services to
handicapped children. (G) "School district" means a city, local, or exempted
village school district. (H) "Parents" means either parent. If the parents are
separated or divorced, "parent" means the parent who is the
residential parent and legal custodian of the handicapped child.
Except as used in division (I) of this section and in sections
3323.09 and 3323.141 of the Revised Code, "parents" includes a
child's guardian or custodian. This definition does not apply to
Chapter 3321. of the Revised Code. (I) As used in sections 3323.09, 3323.091, 3323.13, and
3323.14 of the Revised Code, "school district of residence"
means: (1) The school district in which the child's parents
reside; (2) If the school district specified in division (I)(1) of
this section cannot be determined, the last school district in
which the child's parents are known to have resided if the
parents' whereabouts are unknown; (3) If the school district specified in division (I)(2) of
this section cannot be determined, the school district determined
by the court under section 2151.357 2151.362 of the Revised Code, or if no
district has been so determined, the school district as
determined by the probate court of the county in which the child
resides. The school district of residence that had been
established under this section on December 12, 1983, shall remain
the child's school district of residence unless a district of
residence can be determined under division (I)(1) or (2) of this
section. (4) Notwithstanding divisions (I)(1) to (3) of this
section, if a school district is required by section 3313.65 of
the Revised Code to pay tuition for a child, that district shall
be the child's school district of residence. (J) "County MR/DD board" means a county board of mental
retardation and developmental disabilities. (K) "Handicapped preschool child" means a handicapped
child who is at least three years of age but is not of compulsory
school age, as defined under section 3321.01 of the Revised Code,
and who is not currently enrolled in
kindergarten. (L) "Transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that: (1) Promotes movement from school to post-school
activities, including post-secondary education; vocational
training; integrated employment, including supported employment;
continuing and adult education; adult services; independent
living; and community participation; (2) Is based upon the individual student's needs,
including taking into account the student's preferences and
interests; (3) Includes instruction, community experiences, the
development of employment and other post-school adult living
objectives, and, when appropriate, acquisition of daily living
skills and functional vocational evaluation. (M) "Visual disability" for any individual means that one of the following
applies to the individual: (1) The individual has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision in the better eye such
that the widest diameter subtends an angular distance of no greater than
twenty degrees. (2) The individual has a medically indicated expectation of meeting the
requirements of division (M)(1) of this section over a period of time. (3) The individual has a medically diagnosed and medically uncorrectable
limitation in visual functioning that adversely affects the individual's
ability to read and write standard print at levels expected of the
individual's peers of comparable ability and grade level. (N) "Student with a visual disability" means any person under twenty-two
years of age who has a visual disability. (O) "Instruction in braille reading and writing" means the teaching of the
system of reading and writing through touch commonly known as standard English
braille.
Sec. 4301.69. (A) Except as otherwise provided in this
chapter, no person shall sell beer or intoxicating liquor to an
underage person, shall buy beer or intoxicating liquor for an
underage person, or shall furnish it to an underage person,
unless
given by a physician in the regular line of the
physician's
practice or given for established religious purposes or unless
the
underage person is accompanied by a parent, spouse who is not an
underage person, or legal guardian. In proceedings before the liquor control commission, no
permit holder, or the employee or agent of a permit holder,
charged with a violation of this division shall be charged, for
the same offense, with a violation of division (A)(1) of section
4301.22 of the Revised Code. (B) No person who is the owner or occupant of any public
or
private place shall knowingly allow any underage person to
remain
in or on the place while possessing or consuming beer or
intoxicating liquor, unless the intoxicating liquor or beer is
given to the person possessing or consuming it by that person's
parent, spouse who is not an underage person, or legal guardian
and the parent, spouse who is not an underage person, or legal
guardian is present at the time of the person's possession or
consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for
acts
or omissions in violation of this division that are
committed by a
lessee of that place, unless the owner authorizes
or acquiesces in
the lessee's acts or omissions. (C) No person shall engage or use accommodations at a
hotel,
inn, cabin, campground, or restaurant when the person
knows or has
reason to know either of the following: (1) That beer or intoxicating liquor will be consumed by
an
underage person on the premises of the accommodations that the
person engages or uses, unless the person engaging or using the
accommodations is the spouse of the underage person and who is
not
an underage person, or is the parent or legal
guardian of all of
the underage persons, who consume beer or
intoxicating liquor on
the premises and that person is on the
premises at all times when
beer or intoxicating liquor is being
consumed by an underage
person; (2) That a drug of abuse will be consumed on the premises
of
the accommodations by any person, except a person who obtained
the
drug of abuse pursuant to a prescription issued by a
licensed
health professional authorized to prescribe
drugs and has the drug
of abuse in the original container
in which it was dispensed to
the person. (D)(1) No person is required to permit the engagement of
accommodations at any hotel, inn, cabin, or campground by an
underage person or for an underage person, if the person engaging
the accommodations knows or has reason to know that the underage
person is intoxicated, or that the underage person possesses any
beer or intoxicating liquor and is not accompanied by a parent,
spouse who is not an underage person, or legal guardian who is or
will be present at all times when the beer or intoxicating liquor
is being consumed by the underage person. (2) No underage person shall knowingly engage or attempt
to
engage accommodations at any hotel, inn, cabin, or campground
by
presenting identification that falsely indicates that the
underage
person is twenty-one years of age or older for the purpose of
violating
this section. (E)(1) No underage person shall knowingly
order, pay for,
share the cost of, attempt to purchase, possess,
or consume
any
beer or intoxicating liquor in any
public or private place. No
underage person shall knowingly be under the influence
of any beer
or intoxicating liquor in any public place. The
prohibitions set
forth in division
(E)(1) of this section against
an underage
person knowingly possessing, consuming, or being under
the
influence of any beer or intoxicating liquor shall not apply
if
the underage person is
accompanied
by a parent, spouse
who is
not
an
underage person, or
legal
guardian, or
the beer or
intoxicating liquor is given
by a
physician in the regular line
of
the physician's practice or
given
for established
religious
purposes.
(2)(a) If a person is charged with violating division (E)(1)
of
this section in a complaint filed under section 2151.27 of the
Revised Code, the court may order the child into a diversion
program specified by the court and hold the complaint in abeyance
pending successful completion of the diversion program. A child
is ineligible to enter into a diversion program under division
(E)(2)(a) of this section if the child previously has been
diverted pursuant to division (E)(2)(a) of this section. If the
child completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the child's
record in the case sealed under division (D)(3) of section sections 2151.356 to 2151.358 of the Revised Code. If the child fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint.
(b) If a person is charged in a criminal complaint with
violating division (E)(1) of this section, section 2935.36 of the
Revised Code shall apply to the offense, except that a person is
ineligible for diversion under that section if the person
previously has been diverted pursuant to division (E)(2)(a) or (b)
of this section. If the person completes the diversion program to
the satisfaction of the court, the court shall dismiss the
complaint and order the record in the case sealed under section
2953.52 of the Revised Code. If the person fails to
satisfactorily complete the diversion program, the court shall
proceed with the complaint. (F) No parent, spouse who is not an underage person, or
legal guardian of a minor shall knowingly permit the minor to
violate this section or section 4301.63,
4301.633, or
4301.634 of
the Revised Code. (G) The operator of any hotel, inn, cabin, or campground
shall make the provisions of this section available in writing to
any person engaging or using accommodations at the hotel, inn,
cabin, or campground. (H) As used in this section: (1) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code. (2) "Hotel" has the same meaning as in section 3731.01 of
the Revised Code. (3) "Licensed health professional authorized to prescribe
drugs"
and
"prescription" have the same meanings as in section
4729.01 of the Revised Code. (4) "Minor" means a person under the age of eighteen
years. (5) "Underage person" means a person under the age of
twenty-one years.
Section 2. That existing sections 2151.313, 2151.357, 2152.72, 2929.14, 2929.19, 2930.13, 2967.28, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69 and section 2151.358
of the Revised Code are hereby repealed.
Section 3. That the version of section 2929.14 of the Revised Code that is scheduled to take effect August 3, 2006, be amended to read as follows: Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), 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, 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), (D)(5), (D)(6), or (G) of this section, in section 2907.02 or 2907.05
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, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
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 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven 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)(f) 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)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If division (D)(2)(b) of this section does not apply, the
court
may impose on an offender, in addition to the longest prison term
authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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. (ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole. (iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section 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. (b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender 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.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense. (e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence. (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,
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 if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, 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)(a)(iv) and (v) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI 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, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by 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 a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. 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. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) 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)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) 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)(6) of this section for felonies committed as
part of the same act. (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. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed 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, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or 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)
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
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) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code 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, 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 sentence including a prison term of a type described in this division on or after the effective date of this amendment, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
of a type described in division (C) of that
section for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this 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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, 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
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
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
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
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
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
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.
Section 4. That the existing version of section 2929.14 of the Revised Code that is scheduled to take effect August 3, 2006, is hereby repealed.
Section 5. (A) The General Assembly hereby declares that its purpose in amending sections 2929.14, 2929.19, and 2967.28 and enacting section 2929.191 of the Revised Code in Sections 1 and 2 of this act and in amending section 2929.14 of the Revised Code in Sections 3 and 4 of this act is to reaffirm that, under the amended sections as they existed prior to the effective date of this act: (1) by operation of law and without need for any prior notification or warning, every convicted offender sentenced to a prison term for a felony of the first or 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 always is subject to a period of post-release control after the offender's release from imprisonment pursuant to and for the period of time described in division (B) of section 2967.28 of the Revised Code; (2) by operation of law, every convicted offender sentenced to a prison term for a felony of the third, fourth, or fifth degree that is not subject to the provision described in clause (1) of this sentence is subject to a period of post-release control after the offender's release from imprisonment pursuant to division (C) of section 2967.28 of the Revived Code if the parole board determines in accordance with specified criteria that post-release control is necessary; and (3) by operation of law and without need for any prior notification or warning, every convicted offender sentenced to a prison term and subjected to supervision under a period of post-release control after the offender's release from imprisonment always is subject to having the Parole Board impose in accordance with section 2967.28 of the Revised Code a prison term of up to one-half of the stated prison term originally imposed upon the offender 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.
(B) The General Assembly hereby declares that it believes that the amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act and the amendment made to section 2929.14 of the Revised Code in Sections 3 and 4 of this act are not substantive in nature and merely clarify that the amended sections operate as described in division (A) of this Section, that the convicted offenders described in clause (1) under division (A) of this Section always are subject by operation of law and without need for any prior notification or warning to a period of post-release control after their release from imprisonment as described in that division, that the convicted offenders described in clause (2) under division (A) of this Section are subject by operation of law to post-release control after their release from imprisonment if the Parole Board makes certain determinations, that the convicted offenders described in clause (3) under division (A) of this Section always are subject by operation of law to having the Parole Board impose a prison term if they violate their supervision or a condition of post-release control as described in that division, and that the amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act and the amendment made to section 2929.14 of the Revised Code in Sections 3 and 4 of this act thus are remedial in nature. The General Assembly declares that it intends that the clarifying, remedial amendments made to sections 2929.14, 2929.19, and 2967.28 and the enactment of section 2929.191 of the Revised Code in Sections 1 and 2 of this act and the amendment made to section 2929.14 of the Revised Code in Sections 3 and 4 of this act apply to all convicted offenders described in division (A) of this Section, regardless of whether they were sentenced prior to, or are sentenced on or after, the effective date of this act.
Section 6. Sections 2151.313, 2152.72, 2930.13, 3301.0714, 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69 of the Revised Code, as amended by this act, section 2151.357 (2151.362) of the Revised Code as amended by this act for the purpose of adopting a new section number, new sections 2151.357 and 2151.358 and sections 2151.355 and 2151.356 of the Revised Code, as enacted by this act, and the repeal of section 2151.358 of the Revised Code by this act shall take effect ninety days after the effective date of this act.
Section 7. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the amendments made in this act are crucially needed to clarify the law to protect the residents of this state from the consequences that might result if the state is forced to release without supervision offenders who have been convicted of serious offenses and imprisoned, solely because the offenders were not provided notice of the fact that the law always requires their supervision upon release from prison. Therefore, this act shall go into immediate effect.
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