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Sub. H. B. No. 259 As Re-reported by the Senate Judiciary--Criminal Justice Committee
As Re-reported by the Senate Judiciary--Criminal Justice Committee
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wagner, McGregor, J., Martin, Evans, C., Fende, Bubp, Wagoner, Seaver, Evans, D., Setzer, Hagan, Harwood, Gilb, Wolpert, Distel, Willamowski, Collier, Latta, Faber, Brown, Aslanides, Uecker, Allen, Perry, Mason, Hughes, Blessing, Daniels, DeBose, DeGeeter, Domenick, Fessler, Flowers, Gibbs, Law, Oelslager, Otterman, Patton, T., Reidelbach, Schaffer, Schlichter, Schneider, Smith, G., Stewart, J., Taylor, Williams
Senators Clancy, Grendell, Schuring, Dann, Zurz
A BILL
To amend sections 2921.38, 2929.14, 2929.19, and 2967.28 and to enact section 2929.191 of the Revised Code to prohibit a person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, from causing or attempting to cause the law enforcement officer to come into contact with a bodily substance; to prohibit any person from engaging in the same action with respect to any person when the person is a knowing carrier of certain viruses or bacteria; to specify that a sentencing court's failure to notify a felon of mandatory post-release control after prison does not affect mandatory post-release control; to specify that a sentencing court's failure to notify a felon of the possibility of being sent back to prison for violating mandatory or discretionary post-release control does not affect the authority to do so if the Parole Board gives such a notice; to require the Parole Board to notify felons prior to release from prison of the possibility of being sent back to prison for violating post-release control; to allow a court that previously sentenced a felon and failed to notify the felon of mandatory or discretionary post-release control or the possibility of being sent back to prison for violating post-release control to correct the sentence at a hearing to include the notice and place upon its journal an entry nunc pro tunc to record the correction; to provide that the hearing may be conducted by video conferencing equipment if available and compatible; to specify that a court's placement upon the journal of such an entry nunc pro tunc before the offender is released from imprisonment serves as if the court at the time of original sentencing had provided the notice to the offender; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 2921.38, 2929.14, 2929.19, and 2967.28 be amended and section 2929.191 of the Revised Code be enacted to read as follows:
Sec. 2921.38. (A) No person who is confined in a detention facility, with
intent to harass, annoy, threaten, or alarm another person,
shall cause or attempt to cause the other person to come into contact
with blood, semen, urine, feces, or another bodily substance by throwing the
bodily substance at the other person, by expelling the bodily substance upon
the other person, or in any other manner. (B) No person, with intent to harass, annoy, threaten, or alarm a law enforcement officer, shall cause or attempt to cause the law enforcement officer to come into contact with blood, semen, urine, feces, or another bodily substance by throwing the bodily substance at the law enforcement officer, by expelling the bodily substance upon the law enforcement officer, or in any other manner. (C) No person who is confined in a detention facility, with knowledge that
the person is a carrier of the virus that causes acquired immunodeficiency
syndrome, is a carrier of a hepatitis virus, or is infected with tuberculosis
and with intent to harass, annoy, threaten, or alarm another person, shall
cause or attempt to cause the other person to come into contact with blood,
semen, urine, feces, or another bodily substance by throwing the bodily
substance at the other person, by expelling the bodily substance upon the
other person, or in any other manner. (C)(D) Whoever violates this section is guilty of harassment
by an inmate with a bodily substance. A violation of division (A) or (B) of this section is a felony of the
fifth degree. A violation of division (B)(C) of this section is a felony of the
third degree.
(D)(E)(1) The court, on request of the prosecutor, or the law
enforcement authority responsible for the investigation of the violation,
shall cause a person who allegedly has committed a violation of this section
to submit to one or more appropriate tests to determine if the person is a
carrier of the virus that causes acquired immunodeficiency syndrome, is a
carrier of a hepatitis virus, or is infected with tuberculosis.
(2) The court shall charge the offender with the costs of the test or
tests ordered under division (D)(E)(1) of this section unless the court
determines that the accused is unable to pay, in which case the costs shall be
charged to whichever of the following is applicable: (a) If the alleged offense occurred in a detention facility, the entity that operates the detention facility in which the
alleged offense occurred; (b) If the alleged offense occurred outside of a detention facility, the law enforcement authority responsible for the investigation of the violation. (E)(F) This section does not apply to a person who is hospitalized,
institutionalized, or confined in a facility operated by the department of
mental health or the department of mental retardation and developmental
disabilities.
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. 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.
Section 2. That existing sections 2921.38, 2929.14, 2929.19, and 2967.28 of the Revised Code are hereby repealed.
Section 3. (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 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 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 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 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 4. Section 2921.38 of the Revised Code, as amended by this act, shall take effect ninety days after the effective date of this act.
Section 5. 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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