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Sub. H. B. No. 130 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Representatives White, Yates
Cosponsors:
Representatives Seitz, Peterson, Hagan, R., Carano, Miller, Yuko, Wagner, McGregor, J., Flowers, Letson, Strahorn, Williams, S., DeWine, Luckie, Brinkman, Celeste, DeBose, Heard, Otterman, J., Sykes
A BILL
To amend sections 9.06, 121.05, 124.11, 309.02,
321.44,
341.192,
1713.34, 2921.36, 2929.01,
2929.13,
2929.14, 2929.141, 2929.15, 2929.17,
2929.19,
2929.20, 2935.36, 2943.032, 2949.12,
2951.021,
2951.041, 2953.08, 2953.13, 2967.03,
2967.05,
2967.12, 2967.121,
2967.141, 2967.15,
2967.26,
2967.28, 4507.51, 5120.52, 5120.63,
5120.66,
5139.02, 5139.18, 5139.281,
5139.31,
5139.36,
5139.38, 5139.41, 5139.43,
5139.50,
5145.01,
5145.163, and 5149.06, to enact
sections
9.871,
109.37, 2967.29, 4743.06,
5120.07, 5120.59,
and
5120.70, and to repeal
section 2967.11 of the
Revised Code to modify
sentencing procedures with
respect to
post-release control and related
releases from
prison, to conform the Revised Code
to the
decision of the Ohio Supreme Court in
State
ex
rel. Bray v. Russell (2000), 89 Ohio
St.3d 132
by
removing provisions related to bad
time, to
authorize courts to participate in the
supervision
of released prisoners, to provide
released
prisoners with identification cards and
additional
procedures for access to social
services, to make
other changes relative to
opportunities for
prisoner training and
employment, to modify
procedures for the judicial
or medical release of
prisoners and intervention
in lieu of conviction,
to grant the Adult Parole
Authority more
flexibility in determining periods
of post-release
control, to adopt other
cost-control measures, to
create the Ex-offender
Reentry Coalition, to
provide for the
indemnification of the Department
of
Rehabilitation and Correction for legal costs
incurred in certain cases, to provide for legal
representation of Department employees charged
with offenses in certain cases until a grand jury
has acted, to create a fund for the deposit of
money received in certain federal law enforcement
cases, to authorize the Department to enter into
contracts to provide water and sewage treatment
services, to make other changes related to the
operations of the Department of Rehabilitation and
Correction, to clarify the duties of juvenile
parole officers, to establish reimbursement rates
paid by the Department of Youth Services for
outside medical providers, to authorize the
Director of Youth Services to designate a deputy
director, to modify the formula for expending
appropriations for the care and custody of felony
delinquents and the purposes for which money in
the Felony Delinquent Care and Custody Fund may be
used, to allow for unlimited reappointments of
members of the Release Authority, to make
other
changes related to the operations of the
Department of Youth Services, and to
terminate
the ex-offender reentry coalition on December 31,
2011,
by repealing section 5120.07 of the Revised
Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.06, 121.05, 124.11, 309.02,
321.44,
341.192,
1713.34, 2921.36, 2929.01, 2929.13, 2929.14,
2929.141,
2929.15, 2929.17, 2929.19, 2929.20, 2935.36, 2943.032,
2949.12,
2951.021, 2951.041, 2953.08, 2953.13, 2967.03, 2967.05,
2967.12,
2967.121, 2967.141, 2967.15, 2967.26,
2967.28, 4507.51,
5120.52,
5120.63, 5120.66,
5139.02, 5139.18, 5139.281,
5139.31,
5139.36,
5139.38, 5139.41,
5139.43, 5139.50, 5145.01,
5145.163,
and
5149.06 be amended and
sections 9.871, 109.37,
2967.29,
4743.06,
5120.07, 5120.59, and
5120.70 of the Revised
Code be
enacted to
read as follows:
Sec. 9.06. (A)(1) The department of rehabilitation and
correction shall contract for the private operation
and management
pursuant to this section of the initial intensive program
prison
established pursuant to section 5120.033 of the
Revised Code and
may contract for the
private operation and management of any other
facility under this section.
Counties
and municipal corporations
to the extent authorized
in sections 307.93, 341.35, 753.03, and
753.15 of the Revised
Code, may contract for the private operation
and management of a facility
under this section. A contract
entered into under
this section shall be for an initial term of
not more
than two years, with an option to renew for additional
periods of two years.
(2)
The department of
rehabilitation and correction, by
rule,
shall adopt minimum
criteria and
specifications that a
person or
entity, other than a
person or entity that
satisfies the
criteria
set forth in division
(A)(3)(a) of this section
and
subject to
division (I) of this
section,
must satisfy in order to
apply to
operate and manage as a
contractor pursuant
to this
section the
initial intensive program
prison established pursuant
to section
5120.033 of the Revised
Code.
(3) Subject to division (I) of this
section, any person or
entity that
applies to operate and manage a facility
as a
contractor pursuant to this section shall satisfy one or more of
the
following criteria:
(a) The person or entity is accredited by the American
correctional association and, at the time
of the application,
operates and manages one or
more facilities
accredited by
the
American correctional association.
(b) The person or entity satisfies all of the minimum
criteria and
specifications adopted by the department of
rehabilitation and correction
pursuant to division (A)(2) of this
section,
provided that this alternative shall be available only in
relation to the
initial intensive program prison established
pursuant to section 5120.033 of
the Revised
Code.
(4) Subject to division (I) of this section, before
a public
entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity
that it can
operate the facility with the inmate capacity required
by the public
entity and provide the services required in this
section and realize at least a five per cent savings over the
projected cost
to the public entity of providing these same
services to operate the facility
that is the subject of the
contract. No out-of-state prisoners may be housed
in any facility
that is the subject of a contract entered into under
this section.
(B) Subject to division (I) of this section, any
contract
entered into under this section shall include all of the
following:
(1) A requirement that the contractor retain the
contractor's
accreditation from the American correctional
association
throughout the contract term
or, if the contractor
applied
pursuant to division
(A)(3)(b)
of this section, continue
complying
with the applicable criteria
and specifications adopted
by the
department of rehabilitation
and correction pursuant to
division
(A)(2) of this section;
(2) A requirement that all of the following conditions be
met:
(a) The contractor begins the process of accrediting the
facility
with the American correctional association no later than
sixty days
after the facility receives its first inmate.
(b) The contractor receives accreditation of the facility
within
twelve months after the date the contractor applies to the
American
correctional association for accreditation.
(c) Once the accreditation is received, the contractor
maintains
it for the duration of the contract term.
(d) If the contractor does not comply with divisions
(B)(2)(a) to (c) of this section, the
contractor is in violation
of the contract, and the public entity may revoke
the contract at
its discretion.
(3) A requirement that the contractor comply with all rules
promulgated by
the department of rehabilitation and correction
that apply to the operation
and management of correctional
facilities, including the minimum
standards for jails in Ohio and
policies regarding the use of force
and the use of deadly force,
although the public entity may
require more stringent standards,
and comply with any applicable laws, rules,
or regulations of the
federal, state, and local governments, including, but
not limited
to, sanitation, food service, safety, and health regulations. The
contractor shall be required to send copies of reports of
inspections
completed by the appropriate authorities regarding
compliance with rules and
regulations to the director of
rehabilitation and correction or the director's designee and, if
contracting
with a local public entity, to the governing authority
of that entity.
(4) A requirement that the contractor report for
investigation
all crimes in connection with the facility to the
public entity, to all local
law enforcement agencies with
jurisdiction over the
place at which the facility is located, and,
for
a crime
committed at a state correctional institution, to the
state highway
patrol;
(5) A requirement that the
contractor immediately report all
escapes from the facility, and the
apprehension of all escapees,
by
telephone and in writing to all local law enforcement agencies
with
jurisdiction over the place at which the facility is located,
to the
prosecuting attorney of the county in which the facility is
located, to the
state highway patrol, to a daily newspaper having
general circulation in the
county in which the facility is
located, and, if the
facility is a state
correctional
institution,
to the department of rehabilitation
and correction.
The written
notice may be by either facsimile transmission or
mail. A failure
to comply with this requirement
regarding an
escape is a violation
of section 2921.22 of the
Revised Code.
(6) A requirement that, if the facility is a state
correctional
institution, the contractor provide a written report
within specified time
limits to the director of
rehabilitation and
correction or the director's designee of all unusual
incidents at
the facility as defined in rules promulgated by the department of
rehabilitation and correction or, if the facility is a local
correctional
institution, that the contractor provide a written
report
of all unusual incidents at the facility to the governing
authority of the local public entity;
(7) A requirement that
the contractor maintain proper
control
of inmates' personal funds pursuant to
rules promulgated
by the
department of rehabilitation and correction, for
state
correctional institutions, or pursuant to the minimum standards
for
jails along with any additional standards established by the
local public
entity, for local correctional institutions, and that
records pertaining to
these funds be made available to
representatives of the public entity for
review or audit;
(8) A requirement that the contractor prepare and
distribute
to the director
of rehabilitation and correction or, if
contracting with a local public
entity, to the governing authority
of the local entity, annual budget income
and expenditure
statements and funding source financial reports;
(9) A requirement that the public entity appoint and
supervise a full-time
contract monitor, that the contractor
provide suitable office space
for the contract monitor at the
facility, and that the
contractor allow the contract monitor
unrestricted access to all parts of the
facility and all records
of the facility except the contractor's financial
records;
(10) A requirement that if the facility is a state
correctional
institution, designated department of rehabilitation
and correction staff
members be allowed access to the facility in
accordance with rules promulgated
by the department;
(11) A requirement that the contractor provide internal
and
perimeter security as agreed upon in
the contract;
(12) If the facility is a state correctional institution,
a
requirement that
the contractor impose discipline on inmates
housed in a state
correctional institution, only in accordance
with rules promulgated by the
department of rehabilitation and
correction;
(13) A requirement that the facility be staffed at all
times
with a staffing
pattern approved by the public entity and adequate
both to ensure
supervision of inmates and maintenance of
security
within the facility, and to provide for programs, transportation,
security, and other operational needs. In determining security
needs, the
contractor shall be required to consider, among other
things, the proximity of
the facility to neighborhoods and
schools.
(14) If the contract is with a local public entity, a
requirement that the
contractor provide services and programs,
consistent with
the
minimum standards for jails promulgated by the
department of rehabilitation
and correction under section 5120.10
of the Revised Code;
(15) A clear statement that no immunity from liability
granted to the state,
and no immunity from liability granted to
political subdivisions under Chapter
2744. of the Revised Code,
shall extend to the contractor or any of
the contractor's
employees;
(16) A statement that all documents and records
relevant to
the facility shall be maintained in the same manner required
for,
and subject to the same laws, rules, and regulations as apply to,
the
records of the public entity;
(17) Authorization for the public entity to impose a fine
on
the contractor
from a schedule of fines included in the contract
for the contractor's failure
to perform its contractual duties, or
to cancel the contract, as the public
entity considers
appropriate. If a fine is imposed, the public entity may
reduce
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine.
(18) A statement that all services provided or goods
produced
at the facility
shall be subject to the same regulations,
and the
same distribution
limitations, as apply to goods and
services
produced at other correctional
institutions;
(19) Authorization for the department to establish one or
more prison
industries at a facility operated and managed by a
contractor for the
department;
(20) A requirement that, if the facility is an intensive
program prison
established pursuant to section 5120.033 of the
Revised Code, the facility shall comply with
all criteria for
intensive program prisons of that type that are set forth in
that
section;
(21) If the institution is a state correctional institution,
a requirement
that the contractor provide clothing
for all inmates
housed in the facility that is conspicuous in
its color, style, or
color and style, that conspicuously
identifies its wearer as an
inmate, and that is readily
distinguishable from clothing of a
nature that normally is worn
outside the facility by non-inmates,
that the contractor require
all inmates housed in the facility to
wear the clothing so
provided, and that the contractor not permit
any inmate, while
inside or on the premises of the facility or
while being transported to or
from the facility, to wear any
clothing
of a nature that does not conspicuously identify its
wearer as an
inmate and that normally is worn outside the facility
by
non-inmates.
(C) No contract entered into under this section may require,
authorize, or
imply a delegation of the authority or
responsibility of the public entity to
a contractor for any of the
following:
(1) Developing or implementing procedures for calculating
inmate release and
parole eligibility dates and recommending the
granting or denying of parole,
although the contractor may submit
written reports that have been prepared in
the ordinary course of
business;
(2) Developing or implementing procedures for calculating
and
awarding
earned credits, approving the type of work inmates
may
perform
and the wage or earned credits, if any, that may be
awarded to inmates engaging in
that work, and
granting,
denying,
or revoking earned credits;
(3) For inmates serving a term imposed for a felony offense
committed
prior to July 1, 1996, or for a misdemeanor offense,
developing or
implementing procedures for calculating and awarding
good time, approving the
good time, if any, that may be awarded to
inmates engaging in work, and
granting, denying, or revoking good
time;
(4) For inmates serving a term imposed for a felony offense
committed on
or after July 1, 1996, extending an inmate's term
pursuant to the
provisions of law governing bad time;
(5) Classifying an inmate or placing an inmate in
a more or
a
less
restrictive custody than the custody ordered by the public
entity;
(6)(5) Approving inmates for work release;
(7)(6) Contracting for local or long distance telephone
services for inmates
or receiving commissions from
those
services
at a facility that is owned by or
operated under a
contract with
the department.
(D) A contractor that has been approved to operate a
facility
under this
section, and a person or entity that enters
into a
contract for
specialized services, as described in division
(I) of
this section,
relative to an intensive program prison
established
pursuant to section
5120.033 of the Revised Code to be
operated by
a contractor that has been approved to operate
the
prison under
this section, shall provide an adequate policy of
insurance
specifically including, but not limited to,
insurance
for civil
rights claims as determined by a risk management or
actuarial firm
with demonstrated experience in public liability
for state
governments. The insurance policy shall provide that
the state,
including all
state agencies, and all political
subdivisions of
the state with jurisdiction
over the facility or
in which a
facility is located are named as insured, and
that the
state and
its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure.
A contractor that has been approved to operate a
facility
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established
pursuant to section 5120.033 of the Revised Code to be
operated by
a contractor that has been approved to
operate the prison under
this section, shall indemnify and
hold harmless the state,
its
officers, agents, and employees, and any local government entity
in the state
having jurisdiction over the facility or ownership of
the facility,
shall reimburse the state for its
costs in defending
the state or any of its officers, agents, or employees, and
shall
reimburse any local government entity of that nature for its costs
in
defending the local government entity, from all of the
following:
(1) Any claims or losses for services rendered by the
contractor,
person, or entity
performing or supplying services in
connection with the performance of the
contract;
(2) Any failure of the contractor, person, or entity or its
officers or employees to adhere to
the laws, rules, regulations,
or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights
claim
brought against
the state related to the facility operated
and
managed by the contractor;
(4) Any claims, losses, demands, or causes of action arising
out of the
contractor's, person's, or entity's activities in this
state;
(5) Any attorney's fees or court costs arising from any
habeas corpus actions
or other inmate suits that may arise from
any event that occurred at the
facility or was a result of such an
event, or arise over the conditions,
management, or operation of
the facility, which fees and costs shall include,
but not be
limited to, attorney's fees for the state's representation and for
any court-appointed representation of any inmate, and the costs of
any special
judge who may be appointed to hear
those actions
or
suits.
(E) Private correctional officers of a contractor operating
and managing a facility pursuant to a contract entered into under
this
section may carry and use
firearms in the course of their
employment only after being certified as
satisfactorily completing
an approved training program as described in
division (A) of
section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from,
or
of a
disturbance at, the facility that is the subject of a
contract entered into
under this section, the department of
rehabilitation and correction and state
and local law enforcement
agencies shall use all reasonable means to recapture
escapees or
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee
or the
quelling of a disturbance at the facility shall be
chargeable to and borne by
the contractor. The contractor shall
also reimburse the state or its
political subdivisions for all
reasonable costs incurred relating to the
temporary detention of
the escapee following recapture.
(G) Any offense that would be a crime if committed at a
state
correctional
institution or jail, workhouse, prison, or
other
correctional facility shall be a crime if committed by or
with
regard to
inmates at facilities operated pursuant to a
contract
entered into under this
section.
(H) A contractor operating and managing a facility
pursuant
to a contract entered into under this section shall pay any
inmate
workers at the facility at the
rate approved by the public entity.
Inmates working at the facility shall not
be considered employees
of the contractor.
(I) In contracting for the private operation and management
pursuant to
division (A) of this section of the initial intensive
program prison
established pursuant to section 5120.033 of the
Revised Code or of any other intensive
program prison established
pursuant to that section, the department of
rehabilitation and
correction may enter into a contract with a contractor for
the
general operation and management of the prison and may enter into
one or
more separate contracts with other persons or entities for
the provision of
specialized services for persons confined in the
prison, including, but not
limited to, security or training
services or medical, counseling, educational,
or similar treatment
programs. If, pursuant to this
division, the department enters
into a contract with a contractor for the
general operation and
management of the prison and also enters into one or
more
specialized service contracts with other persons or entities, all
of the
following apply:
(1) The contract for the general operation and management
shall comply
with all requirements and criteria set forth in this
section, and all
provisions of this section apply in relation to
the prison operated and
managed pursuant to the contract.
(2) Divisions (A)(2), (B), and (C) of this
section do not
apply in relation to any specialized services contract, except
to
the extent that the provisions of those divisions clearly are
relevant to
the specialized services to be provided under the
specialized services
contract. Division (D) of this section
applies in relation to each
specialized services contract.
(J) As used in
this section:
(1)
"Public entity" means the department of rehabilitation
and correction, or
a county or municipal corporation or a
combination of counties and municipal
corporations, that has
jurisdiction over a facility that is the subject of a
contract
entered into under this section.
(2)
"Local public entity" means a county or municipal
corporation, or a
combination of counties and municipal
corporations, that has jurisdiction over
a jail, workhouse, or
other correctional facility used only for misdemeanants
that is
the subject of a contract entered into under this section.
(3)
"Governing authority of a local public entity" means, for
a county, the
board of county commissioners; for a municipal
corporation, the legislative
authority; for a combination of
counties and municipal corporation corporations, all the
boards of
county
commissioners and municipal legislative authorities that
joined to
create the facility.
(4)
"Contractor" means a person
or entity that enters
into a
contract under this section
to operate and manage a jail,
workhouse, or other correctional facility.
(5)
"Facility" means the specific county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail,
workhouse, prison, or other
type of correctional institution or
facility used only for misdemeanants, or a
state correctional
institution, that is the subject of a contract entered into
under
this section.
(6) "Person or entity" in the case of a contract for the
private operation and management of a state correctional
institution, includes an employee organization, as defined in
section 4117.01 of the Revised Code, that represents employees at
state correctional institutions.
Sec. 9.871. (A) If an employee of the department of
rehabilitation and correction is subject to criminal charges for
actions occurring within the scope and in the course of the
employee's assigned duties, and if the charges are dismissed or
the employee is acquitted of any wrongdoing as a result, the
employee may be indemnified for the reasonable cost of legal
representation. An employee shall request indemnification by
submitting a written request to the director of rehabilitation and
correction. The director shall determine whether to recommend
indemnification and shall transmit the recommendation to the
attorney general. The attorney general shall review the request,
the recommendation of the director, and any other information that
the attorney general may require and shall decide whether or not
the employee is to be indemnified.
(B) A decision of the attorney general made under division
(A) of this section is not subject to appeal or review in any
court or other forum. No person has a right of action against the
department of rehabilitation and correction in the court of claims
or any other court based on a decision of the attorney general
made under division (A) of this section.
(C) The indemnification of an employee of the department of
rehabilitation and correction pursuant to this section shall be
accomplished only through the following procedure:
(1) If the director of rehabilitation and correction
determines that the actions or omissions of the employee that gave
rise to the claim were within the scope of the employee's
employment and that the costs of legal representation should be
indemnified, the attorney general shall prepare an indemnity
agreement. The indemnity agreement shall specify that the
department of rehabilitation and correction will indemnify the
employee for the expenses of legal representation. The agreement
shall not be effective until it is approved by the employee, the
director, and the attorney general.
(2) The attorney general shall forward a copy of the
indemnity agreement to the director of budget and management.
(3) The director of budget and management shall charge any
indemnification paid pursuant to this section against available
unencumbered moneys in the appropriations of the department of
rehabilitation and correction. The director of budget and
management shall have sole discretion to determine whether or not
unencumbered moneys in a particular appropriation are available
for payment of the indemnification.
(4) The director of budget and management shall, upon receipt
of the agreement from the attorney general pursuant to division
(C)(1) of this section, provide for payment to the employee in the
amount specified in the agreement.
(5) If the director of budget and management determines that
sufficient unencumbered moneys do not exist in the particular
appropriations to pay the indemnification, the director of budget
and management shall make application for payment of the
indemnification out of the emergency purposes account or any other
appropriation for emergencies or contingencies, and payment out of
this account or other appropriation shall be authorized if there
are sufficient moneys greater than the sum total of then pending
emergency purposes account requests, or requests for releases from
the other appropriation.
(6) If sufficient moneys do not exist in the emergency
purposes account or any other appropriation for emergencies or
contingencies to pay the indemnification, the director of
rehabilitation and correction shall request the general assembly
to make an appropriation sufficient to pay the indemnification,
and no payment shall be made until the appropriation has been
made. The department shall make the appropriation request during
the current biennium and during each succeeding biennium until a
sufficient appropriation is made.
Sec. 109.37. (A) An employee of the department of
rehabilitation and correction may be represented in a criminal
proceeding by an attorney selected pursuant to division (B) of
this section when all of the following apply:
(1) The employee used deadly force that resulted in the death
of another.
(2) The use of deadly force occurred within the scope and in
the course of the employee's assigned duties.
(3) The employee's use of deadly force is being investigated
by a prosecuting attorney or other criminal investigating
authority for possible criminal charges.
(B) When all of the conditions set forth in division (A) of
this section apply, the employee may submit a request for legal
representation to the director of rehabilitation and correction.
If the director determines that all of the conditions in that
division apply, and if the director considers the requested legal
representation to be appropriate, the director may approve the
request and submit it to the attorney general. Upon receipt of the
request, the attorney general shall furnish the employee the names
of three attorneys who are admitted to the practice of law in this
state and are experienced in the defense of criminal charges. The
employee may select one of the attorneys to represent the employee
until the grand jury concludes its proceedings or the case is
disposed of before the grand jury concludes its proceedings.
(C) An attorney who represents an employee pursuant to
division (B) of this section shall be paid at the usual rate for
like services in the community in which the criminal proceedings
occur or at the usual rate paid to special counsel under section
109.07 of the Revised Code, as the attorney general decides. The
department of rehabilitation and correction shall pay the
attorney's compensation and all reasonable expenses and court
costs incurred in the defense of the employee. The attorney
general may adopt rules concerning the compensation of attorneys
pursuant to this division.
(D) If a criminal investigation described in division (A)(3)
of this section of an employee results in an indictment based on
the employee's use of deadly force, an attorney who represents the
employee pursuant to division (B) of this section may continue to
represent the employee in the criminal proceeding on any terms to
which the attorney and employee mutually agree. Subject to section
9.871 of the Revised Code, neither the attorney general nor the
department of rehabilitation and correction is obligated to
provide the employee with legal representation or to pay
attorney's fees, expenses, or court costs incurred by the employee
following the indictment of the employee.
(E) If an employee is represented by an attorney as
described in division (B) of this section and if the employee is
subsequently convicted of or pleads guilty to a criminal offense
based on the employee's use of deadly force, the attorney general
or the department of rehabilitation and correction may seek to
recover, including by means of a civil action, from the employee
the costs of legal representation paid by the department pursuant
to division (B) of this section.
Sec. 121.05. Except as otherwise provided in this section,
in each department, there shall be an assistant director
designated by the director of that department. In the department
of
health, there shall be two assistant directors, each of whom
shall be
designated by
the director of health. In the department
of transportation, there shall be an assistant director for
business management, an assistant director for field operations,
and an
assistant director for transportation policy, each
of whom
shall be designated by the director of transportation. In the
department of insurance, the deputy superintendent of
insurance
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors,
each of whom shall be designated by the director of
administrative
services. In the department of commerce, there shall be two
assistant directors, each of whom shall be designated by the
director of
commerce. In the department of
human
job and family
services, there
may be up to two
assistant directors, each of whom
shall be
designated by the director of
human
job and family
services. In each department with an assistant director,
the
assistant
director shall act as director in the absence or
disability of
the director and also shall act as director when the
position of
director is vacant, except that in the department of
transportation, the department of health, the department of
commerce, the department of administrative
services, and the
department of
human
job and family services, the
director shall
designate which
assistant director shall act as
director in the
director's
absence. In each department without an assistant
director, the director shall designate a deputy director to act as
director in the absence or disability of the director.
A director may designate any of the director's assistant
directors or
a deputy director to serve in the director's place as
a
member of any board,
committee, authority, or commission of
which the director is, by
law, a member. The designee, when
present, shall be counted in
determining whether a quorum is
present at any meeting. The
designee may
vote and participate in
all proceedings and actions of the board,
committee, authority, or
commission, provided that the designee
shall not execute or cause
a facsimile of the designee's
signature to be
placed on any
obligation, or execute any trust agreement or
indenture. The
designation shall be in writing, executed
by the
designating
director, filed with the secretary of the board,
committee,
authority, or commission, and shall be in effect until
withdrawn
or superseded by a new designation.
Sec. 124.11. The civil service of the state and the
several
counties, cities, civil service townships, city health
districts,
general health districts, and city school districts
of the state
shall be divided into the unclassified service and the
classified
service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed
to fill vacancies in those offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3)(a) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the
governor or by and with the governor's consent;
(b) The heads of all departments appointed by a board of
county commissioners;
(c) The members of all
boards and commissions and all heads
of departments appointed by
the mayor, or, if there is no mayor,
such other similar chief
appointing authority of any city or city
school district;
Except
as otherwise provided in division (A)(17) or (C) of
this section,
this chapter does not exempt the chiefs of police
departments and
chiefs of fire departments of cities or civil
service townships
from the competitive classified service.
(4) The members of county or district licensing boards or
commissions and boards of revision, and not more than five deputy
county auditors;
(5) All officers and employees elected or appointed by
either
or both branches of the general assembly, and
employees of the
city legislative authority engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers
and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported
wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers, four clerical and
administrative support employees for each board of county
commissioners and one such employee for each county commissioner,
and four clerical and
administrative support employees for other
elective officers and
each of the principal appointive executive
officers, boards, or
commissions, except for civil service
commissions, that are
authorized to appoint such clerical and
administrative support
employees;
(9) The deputies and assistants of state agencies authorized
to act for and
on behalf of the agency, or holding a fiduciary or
administrative relation to
that agency and those persons employed
by and directly responsible
to elected county officials or a
county administrator and holding a
fiduciary or
administrative
relationship to such elected county officials or county
administrator, and the employees of such county officials whose
fitness
would be
impracticable to determine by competitive
examination, provided
that division (A)(9) of this section shall
not affect those
persons in county employment in the classified
service as of
September 19, 1961. Nothing in division (A)(9) of
this section
applies to any position in a county department of job
and
family services
created pursuant to Chapter 329. of the
Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise or who handle public moneys
or secured documents, and such officers and employees of courts
of
record and such deputies of clerks of the courts of common
pleas
as the director of administrative services finds it
impracticable
to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service
commission may find it impracticable to include in the
competitive
classified service; provided such exemptions shall be
by order of
the commission or the director, duly entered on the
record of the
commission or the director with the reasons for
each such
exemption;
(13) Any physician or dentist who is a full-time employee
of
the department of mental health, the department of mental
retardation and developmental disabilities, or an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state,
or its counties or cities, as physicians or nurses who are
duly
licensed to practice their respective professions under the
laws
of this state, or medical assistants, in mental or
chronic disease
hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and
secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in
section 5126.20 of the Revised Code, of county boards of
mental
retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who
is appointed pursuant to division (B) of section 4731.05 of
the
Revised Code;
(22) County directors of job and family services as
provided
in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant
to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and
maintenance,
and of licensing and certification in the division of
industrial compliance in
the department of commerce;
(25) The executive director of a county transit system
appointed under
division (A) of section 306.04 of the Revised
Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at
the department
of taxation, department of the adjutant general,
department of education,
Ohio board of regents, bureau of workers'
compensation, industrial commission, state lottery
commission, and
public utilities commission of Ohio that the head of
that
administrative department or of that other state agency determines
to be
involved in policy development and implementation. The head
of the
administrative department or other state agency shall set
the compensation for
employees in these positions at a rate that
is not less than the minimum
compensation specified in pay range
41 but not more than the maximum
compensation specified in pay
range 44 of salary schedule E-2 in
section 124.152 of the Revised
Code. The authority to establish positions in
the unclassified
service under division (A)(26) of this
section is in addition to
and does not limit any other authority that an
administrative
department or
state agency has under the Revised Code to establish
positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city
health
districts, general
health districts, and city school
districts, the deputies and assistants of
elective or principal
executive officers authorized to act for and in the
place of their
principals or holding a fiduciary relation to their
principals;
(29) Employees who receive intermittent or temporary
appointments under division (B) of section 124.30 of the Revised
Code;
(30) Employees appointed to administrative staff positions
for which an
appointing authority is given specific statutory
authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway
patrol cadet
candidate classifications;
(32) Employees placed in the unclassified service by another
section of the Revised Code.
(B) The classified service shall comprise all persons in
the
employ of the state and the several counties, cities, city
health
districts, general health districts, and city school
districts of
the state, not specifically included in the unclassified
service.
Upon the creation by the board of trustees of a civil
service
township civil service commission, the classified service
shall
also comprise, except as otherwise provided in division
(A)(17) or
(C) of this section, all persons in the employ of a
civil service
township police or fire department having ten or
more full-time
paid employees. The classified service consists
of two classes,
which shall be designated as the competitive
class and the
unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
of
the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire department
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class for positions in
service of the state shall be filled
by appointment from lists of
applicants registered by the
director. Vacancies in the labor
class for all other positions shall be filled by appointment from
lists of applicants registered by a commission. The director or
the commission, as applicable, by rule, shall
require
an applicant
for registration in the labor class to furnish
evidence or take
tests as the director or commission considers proper with
respect
to age, residence, physical condition, ability to labor,
honesty,
sobriety, industry, capacity, and experience in the work
or
employment for which application is made. Laborers who
fulfill the
requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from that
evidence or in those tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
or commission, as applicable,
shall certify from the highest on
the list double the number to
be employed; from this number, the
appointing officer shall
appoint the number actually needed for
the particular work. If
more than one applicant receives the same
rating, priority in
time of application shall determine the order
in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified
civil service.
(D) This division does not apply to persons in the
unclassified
service who have the right to resume positions in the
classified service under
sections 4121.121, 5119.071, 5120.07,
5120.38, 5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the
Revised Code.
An appointing authority whose employees
are paid directly by
warrant of the director of budget and management
may appoint a
person who holds a certified position in the classified service
within the appointing authority's agency to a position in the
unclassified
service within that agency. A person appointed
pursuant
to
this division to a position in the unclassified
service shall retain the right
to resume the position and status
held by
the person in the classified service immediately prior to
the person's
appointment to the position in the unclassified
service, regardless of the
number of positions the person
held in
the unclassified service. An employee's right to resume a position
in the classified service may only be exercised when an appointing
authority demotes the employee to a pay range lower than the
employee's current pay range or revokes the employee's appointment
to the unclassified service. An employee forfeits the right to
resume a position in the classified service when the employee is
removed from the position in the unclassified service due to
incompetence, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of this chapter or the rules of the
director of administrative services, any other failure of good
behavior, any other acts of misfeasance, malfeasance, or
nonfeasance in office, or conviction of a felony. An employee also
forfeits the right to resume a position in the classified service
upon transfer to a different agency.
Reinstatement to a position in the
classified service shall
be to a position substantially equal to that position
in the
classified service held
previously, as certified by the director
of administrative services. If the
position the person previously
held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed
to a
position in the classified service within the appointing
authority's agency
that the director of administrative services
certifies is comparable in
compensation to the position the person
previously held in the classified
service. Service in the
position
in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately
prior to the
person's appointment to the position in the
unclassified service. When a
person is reinstated
to a position in
the classified service as provided in this division, the
person is
entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of
service in the
position in the
unclassified service.
Sec. 309.02. No person shall be eligible as a candidate for
the office of
prosecuting attorney, or shall be elected to such
office, who is not an
attorney at law licensed to practice law in
this state and has not engaged in the practice of law in
this
state for a total of at least five years preceding the
person's
appointment to or commencement of a term of office as a
prosecuting attorney. No prosecuting
attorney shall be a member of
the general assembly of this state or mayor of a
municipal
corporation.
Sec. 321.44. (A)(1) A county probation services fund
shall
be established in the county treasury of each county. The
fund a
county establishes under this division shall contain all
moneys
paid to the treasurer of the county under section 2951.021
of the
Revised Code for deposit into the fund. The moneys paid
into the
fund shall be deposited by the treasurer of the county
into the
appropriate account established under divisions
(A)(1)(a) to (d)
of this section. Separate accounts shall be
maintained in
accordance with the following criteria in the fund
a county
establishes under this division:
(a) If a county department of probation is established in
the
county, a separate account shall be maintained in the fund
for
the
county department of probation.
(b) If the judges of the court of common pleas of the
county
have affiliated with the judges of the court of common
pleas of
one or more other counties and have established a
multicounty
department of probation, a separate account shall be
maintained in
the fund for the multicounty department of
probation.
(c) If a department of probation is established in a
county-operated municipal court that has jurisdiction within the
county, a separate account shall be maintained in the fund for
the
municipal court department of probation.
(d) If a county department of probation has not been
established in the county and if the court of common pleas of the
county, pursuant to section 2301.32 of the Revised Code, has
entered into an agreement with the adult parole authority under
which the court may place defendants
under a
community
control
sanction in charge of the authority, a separate
account shall be
maintained in the fund for the adult parole
authority court of
common pleas.
(2) For any county, if a county department of probation is
established in the county or if a department of probation is
established in a county-operated municipal court that has
jurisdiction within the county, the board of county commissioners
of the county shall appropriate to the county department of
probation or municipal court department of probation all money
that is contained in the department's account in the county
probation services fund established in the county for use only
for
specialized staff, purchase of equipment, purchase of
services,
reconciliation programs for offenders and victims,
other treatment
programs, including alcohol and drug addiction
programs certified
under section 3793.06 of the Revised Code,
determined to be
appropriate by the chief probation officer of
the department of
probation, and other similar
expenses
related to
placing offenders
under a community control
sanction.
For any county, if the judges of the court of common pleas
of
the county have affiliated with the judges of the court of
common
pleas of one or more other counties and have established a
multicounty department of probation to serve the counties, the
board of county commissioners of the county shall appropriate and
the county treasurer shall transfer to the multicounty probation
services fund established for the multicounty department of
probation under division (B) of this section all money that is
contained in the multicounty department of probation account in
the county probation services fund established in the county for
use in accordance with that division.
For any county, if a county department of probation has not
been established in the county and if the court of common pleas
of
the county, pursuant to section 2301.32 of the Revised Code,
has
entered into an agreement with the adult parole authority
under
which the court may place defendants
under a
community control
sanction in charge
of the authority, the board
of county
commissioners of the county
shall appropriate and the
county
treasurer shall transfer to the
adult parole authority
probation
services fund established under
section 5149.06 of the
Revised
Code court all money that is contained
in the adult parole
authority court's account in the county probation
services fund
established in the county for use in accordance
with section
5149.06 of the Revised Code only for specialized staff, purchase
of equipment, purchase of services, reconciliation programs for
offenders and victims, other treatment and recovery support
services, including properly credentialed treatment and recovery
support services program providers or those certified under
section 3793.06 of the
Revised Code, determined to be appropriate
by the authority, and
other similar uses related to placing
offenders under a community
control sanction.
(B) If the judges of the courts of common pleas of two or
more counties have established a multicounty department of
probation, a multicounty probation services fund shall be
established in the county treasury of the county whose treasurer,
in accordance with section 2301.27 of the Revised Code, is
designated by the judges of the courts of common pleas as the
treasurer to whom monthly supervision fees are to be
appropriated
and transferred under division (A)(2) of this section for deposit
into the fund. The fund shall contain all moneys that are paid
to
the treasurer of any member county under section 2951.021 of
the
Revised Code for deposit into the county's probation services
fund
and that subsequently are appropriated and transferred to
the
multicounty probation services fund under division (A)(2) of
this
section. The board of county commissioners of the county in
which
the multicounty probation services fund is established
shall
appropriate the money contained in that fund to the
multicounty
department of probation, for use only for specialized
staff,
purchase of equipment, purchase of services,
reconciliation
programs for offenders and victims, other
treatment programs,
including alcohol and drug addiction programs
certified under
section 3793.06 of the Revised Code, determined
to be appropriate
by the chief probation officer, and for other
similar
expenses
related to placing offenders
under a
community control sanction.
(C) Any money in a county or multicounty probation
services
fund at the end of a fiscal year shall not revert to the
general
fund of the county but shall be retained in the fund.
(D) As used in this section:
(1)
"County-operated municipal court" has the same meaning
as
in section 1901.03 of the Revised Code.
(2)
"Multicounty department of probation" means a
probation
department established under section 2301.27 of the
Revised Code
to serve more than one county.
(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 341.192. (A) As used in this section:
(1) "Medical assistance program" has the same meaning as in
section 2913.40 of the Revised Code.
(2) "Medical provider" means a physician, hospital,
laboratory, pharmacy, or other health care provider that is not
employed by or under contract to a county, the department of youth
services, or the department of rehabilitation and correction to
provide medical services to persons confined in the county jail or
a state correctional institution.
(3) "Necessary care" means medical care of a nonelective
nature that cannot be postponed until after the period of
confinement of a person who is confined in a county jail or a
state correctional institution or is in the custody of a law
enforcement officer without endangering the life or health of the
person.
(B) If a physician employed by or under contract to a county,
the department of youth services, or the department of
rehabilitation and correction to provide medical services to
persons confined in the county jail or state correctional
institution determines that a person who is confined in the county
jail or a state correctional institution or who is in the custody
of a law enforcement officer prior to the person's confinement in
the county jail or a state correctional institution requires
necessary care that the physician cannot provide, the necessary
care shall be provided by a medical provider. The county, the
department of youth services, or the department of rehabilitation
and correction shall pay a medical provider for necessary care an
amount not exceeding the authorized reimbursement rate for the
same service established by the department of job and family
services under the medical assistance program.
Sec. 1713.34. Superintendents of city hospitals, directors
or superintendents of city infirmaries, county homes, or other
charitable institutions, directors or superintendents of
workhouses, founded and supported in whole or in part at public
expense, superintendents or managing officers of state
benevolent
or correctional institutions,
boards of township trustees,
sheriffs, or coroners, in possession
of bodies not claimed or
identified, or which must be buried at
the expense of the state,
county, or township, before burial,
shall notify the professor of
anatomy in a college which by its
charter is empowered to teach
anatomy, or the secretary of the
board of embalmers and funeral
directors of this state, of the
fact that such bodies are being so
held. If after a period of
thirty-six hours the body has not been
accepted by friends or
relatives for burial at their expense, such
superintendent,
director, or other officer, on the written
application of such
professor, or the secretary of the board of
embalmers and funeral
directors, shall deliver to such professor
or secretary, for the
purpose of medical or surgical study or
dissection or for the
study of embalming, the body of any such
person who died in any
of such institutions from any disease which
is not infectious. The expense of
the delivery of the body shall
be borne by the
parties in whose keeping the body was placed.
Sec. 2921.36. (A) No person shall knowingly convey, or
attempt to convey, onto the grounds of a detention facility or of
an institution, office building, or other place that is under the
control of the department of
mental health or, the department of
mental retardation and
developmental disabilities, the department
of youth services, or the department of rehabilitation and
correction any of the following items:
(1) Any deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code, or any part of or ammunition
for use in such a deadly weapon or dangerous ordnance;
(2) Any drug of abuse, as defined in section 3719.011 of
the
Revised Code;
(3) Any intoxicating liquor, as defined in section 4301.01
of
the Revised Code.
(B) Division (A) of this section does not apply to any
person
who conveys or attempts to convey an item onto the grounds
of a
detention facility or of an institution, office building, or other
place under the control of
the department of mental health or, the
department of mental
retardation and developmental disabilities,
the department of youth services, or the department of
rehabilitation and correction pursuant to the
written
authorization of the person in charge of the detention
facility or
the institution, office building, or other place and in accordance
with the written
rules of the
detention facility or the
institution, office building, or other place.
(C) No person shall knowingly deliver, or attempt to
deliver,
to any person who is confined in a detention facility, to a child
confined in a youth services facility, to a prisoner who is
temporarily released from confinement for a work assignment, or
to
any patient in an institution under the control of the
department
of mental health or the department of mental
retardation and
developmental disabilities, any item listed in
division (A)(1),
(2), or (3) of this section.
(D) No person shall knowingly deliver, or attempt to
deliver,
cash to any
person who is confined in a detention
facility, to a
child confined in a youth services facility, or to a prisoner who
is temporarily released from confinement for a work assignment.
(E)
No person shall knowingly deliver, or attempt to deliver,
to any person who is confined in a detention facility, to a child
confined in a youth services facility, or to a prisoner who is
temporarily released from confinement for a work assignment a
cellular
telephone, two-way radio, or other electronic
communications
device.
(F)(1) It is an affirmative defense to a charge under
division (A)(1) of this section that the
weapon or dangerous
ordnance in question was being transported in a motor
vehicle for
any lawful purpose, that it was not on the actor's person, and, if
the weapon or dangerous ordnance in question was a firearm, that
it was
unloaded and was being carried in a closed package, box, or
case or in a
compartment that can be reached only by leaving the
vehicle.
(2) It is an affirmative defense to a charge under
division
(C) of this section that the actor was not otherwise
prohibited by
law from delivering the item to the confined person, the child,
the prisoner,
or the patient
and that either of the following
applies:
(a) The actor was permitted by the written rules of the
detention facility or the institution, office building, or other
place to deliver the item to the
confined person or the patient.
(b) The actor was given written authorization by the
person
in charge of the detention facility or the institution, office
building, or other place to
deliver
the item to the confined
person or the patient.
(G)(1) Whoever violates division (A)(1) of this section
or
commits a violation of division (C) of this section involving
an
item listed in division (A)(1) of this section is guilty of
illegal conveyance of weapons onto the grounds of a detention
specified governmental
facility or a mental health or mental
retardation and
developmental disabilities institution, a felony
of the
fourth
third degree. If the offender is an officer or
employee of
the
department
of rehabilitation and correction, the
court shall
impose a mandatory prison
term.
(2) Whoever violates division (A)(2) of this section or
commits a violation of division (C) of this section involving any
drug of abuse is guilty of illegal conveyance of drugs of abuse
onto the grounds of a detention specified governmental facility or
a mental health or
mental retardation and developmental
disabilities institution, a
felony of the third degree. If the
offender is an officer or
employee of the department of
rehabilitation and
correction or of
the department of youth
services, the court shall
impose a
mandatory prison term.
(3) Whoever violates division (A)(3) of this section or
commits a
violation of division (C) of this section involving any
intoxicating liquor is guilty of illegal conveyance of
intoxicating liquor onto the grounds of a detention specified
governmental facility or a
mental health or mental retardation and
developmental
disabilities
institution, a misdemeanor of the
second degree.
(4) Whoever violates division (D) of this section is guilty
of illegal
conveyance of cash onto the grounds of a detention
facility, a misdemeanor of
the first degree. If the offender
previously has been convicted of or pleaded
guilty to a violation
of division (D) of this section, illegal conveyance of
cash onto
the grounds of a detention facility is a felony of the
fifth
degree.
(5) Whoever violates division (E) of this section is guilty
of illegal conveyance of a communications device onto the grounds
of a detention specified governmental facility, a misdemeanor of
the first degree, or if
the offender previously has been convicted
of or pleaded guilty to
a violation of division (E) of this
section, a felony of the fifth
degree.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act.
(C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(D)(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(E)(D) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.58 of the
Revised Code.
(F)(E) "Community control sanction"
means a sanction that is
not
a prison term and that is described
in section 2929.15,
2929.16,
2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not
a jail term and that is described in
section 2929.26,
2929.27, or
2929.28 of the Revised Code.
"Community control
sanction"
includes probation if the sentence involved was
imposed
for a
felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(G)(F) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H)(G) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I)(H) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(J)(I) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K)(J) "Drug and alcohol use monitoring"
means a program
under
which an offender agrees to submit to
random chemical
analysis of
the offender's blood, breath, or urine to
determine
whether the
offender has ingested any alcohol or other
drugs.
(L)(K) "Drug treatment program" means
any program under which
a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(M)(L) "Economic loss" means any
economic detriment suffered
by
a victim as a direct and proximate result of the commission of
an
offense and includes
any loss
of income due to lost
time at
work
because of any injury
caused to the victim, and any
property
loss,
medical cost, or
funeral expense incurred as a
result of
the
commission of the
offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(N)(M) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(O)(N)
"Firearm" has the same meaning as
in section 2923.11
of
the Revised Code.
(P)(O) "Halfway house" means a facility
licensed by the
division
of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(Q)(P) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises
specified by the
sentencing court or by the parole
board
pursuant
to section 2967.28 of the Revised Code and during which all of
the
following apply:
(1) The
offender is required to remain in the
offender's
home
or other specified premises
for the
specified period of
confinement, except for periods of time
during
which the
offender
is at the
offender's place of
employment or at other
premises as
authorized by the sentencing
court or by the parole board.
(2) The
offender is required
to report periodically
to a
person designated by the
court or parole board.
(3) The
offender is subject to any other
restrictions and
requirements that may be imposed by the
sentencing court or by the
parole board.
(R)(Q) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision"
includes intensive parole supervision and intensive
post-release
control supervision.
(S)(R) "Jail" means a jail, workhouse,
minimum security
jail,
or
other residential facility
used for the confinement of
alleged
or
convicted offenders that
is operated by a political
subdivision
or
a combination of
political subdivisions of this
state.
(T)(S) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(U)(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section
4511.19 of
the Revised Code or pursuant to any other provision of
the
Revised
Code that requires a term in a jail for a misdemeanor
conviction.
(V)(U) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W)(V) "License violation report" means
a report that is made
by
a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(X)(W) "Major drug offender" means an
offender who is
convicted
of or pleads guilty to the possession
of, sale of, or
offer to
sell any drug, compound, mixture,
preparation, or
substance that
consists of or contains at least
one thousand grams
of hashish; at
least one hundred
grams of crack cocaine; at least
one thousand
grams of cocaine that is not
crack cocaine; at least
two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five
hundred grams of
L.S.D. in a
liquid concentrate, liquid extract,
or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other
than marihuana
that is necessary to commit a
felony of the third
degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11
of the Revised
Code
that is based on the possession of, sale of,
or offer to sell
the
controlled substance.
(Y)(X) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(X)(2) of this section,
the term
in
prison that must be imposed for the offenses or
circumstances
set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code.
Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05,
and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised
Code, a mandatory prison term described in this division
may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Z)(Y) "Monitored time" means a period
of time during which
an
offender continues to be under the
control of the sentencing
court
or parole board, subject to no
conditions other than leading
a
law-abiding life.
(AA)(Z) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB)(AA) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC)(BB) "Prison term" includes any either of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of,
the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant
to
section 2967.11 of the Revised Code
or imposed for a violation
of
post-release control pursuant to
section 2967.28 of the Revised
Code.
(DD)(CC) "Repeat violent offender" means
a person about whom
both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in
committing any of the following:
(a) Aggravated murder,
murder, any felony of the first or
second degree
that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (DD)(CC)(1)(a) of
this
section.
(2) The person previously was convicted of or pleaded
guilty
to an offense described in division (DD)(CC)(1)(a) or (b) of this
section.
(EE)(DD) "Sanction" means any penalty
imposed upon an
offender
who is convicted of or pleads guilty to
an offense, as
punishment
for the offense. "Sanction"
includes any sanction
imposed
pursuant
to any provision of
sections 2929.14 to 2929.18
or
2929.24 to
2929.28 of the
Revised Code.
(FF)(EE) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense.
(GG)(FF) "Stated prison term" means the
prison term,
mandatory
prison term, or combination of all
prison terms and
mandatory
prison terms imposed by the
sentencing court pursuant to
section
2929.14, 2929.142, or 2971.03 of the
Revised Code. "Stated
prison
term"
includes any credit received by the offender for
time spent
in
jail awaiting trial, sentencing, or transfer to
prison for the
offense and any time spent under house arrest or
house arrest
with
electronic monitoring imposed after
earning
credits pursuant to
section 2967.193 of the Revised Code.
(HH)(GG) "Victim-offender mediation"
means a reconciliation
or
mediation program that involves an
offender and the victim of
the
offense committed by the offender and that
includes a meeting
in
which the offender and the victim may discuss the
offense,
discuss
restitution, and consider other sanctions for
the offense.
(II)(HH) "Fourth degree felony
OVI offense" means a
violation
of
division (A) of section
4511.19 of the Revised
Code
that,
under
division (G) of that section, is a felony of the fourth
degree.
(JJ)(II) "Mandatory term of local
incarceration" means the
term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an
alternative
residential facility that a sentencing court may
impose upon a
person who is convicted of or pleads guilty to a
fourth degree
felony
OVI offense pursuant to division (G)(1) of
section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(KK)(JJ) "Designated homicide, assault, or kidnapping
offense,"
"violent sex offense,"
"sexual motivation
specification,"
"sexually violent offense,"
"sexually violent
predator," and
"sexually violent predator
specification"
have the
same meanings
as in section 2971.01 of the
Revised Code.
(LL)(KK) "Sexually oriented
offense,"
"child-victim oriented
offense," and
"tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01
of the
Revised Code.
(MM)(LL) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or
within
the same
residential unit as a child who
is under eighteen
years
of age, regardless of whether the offender knows the
age of
the
child or whether the offender knows the offense is
being
committed
within thirty feet of or within the same residential
unit as
the
child and regardless of whether the child actually
views the
commission of
the offense.
(NN)(MM) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO)(NN) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP)(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ)(PP) "Third degree felony
OVI offense" means a
violation
of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(RR)(QQ) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised Code.
(SS)(RR) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code.
(TT)(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(UU)(TT) "Electronic monitoring" means monitoring through the
use
of an electronic monitoring device.
(VV)(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(UU)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(UU)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(UU)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(UU)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(UU)(1) of this section and that conforms with all of
the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(WW)(VV) "Non-economic loss" means nonpecuniary harm suffered
by
a victim of an offense as a result of or related to the
commission
of the offense, including, but not limited to, pain
and suffering;
loss of society, consortium, companionship, care,
assistance,
attention, protection, advice, guidance, counsel,
instruction,
training, or education; mental anguish; and any
other intangible
loss.
(XX)(WW) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(YY)(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(ZZ)(YY) A person is "adjudicated a sexually violent
predator" if
the person is convicted of or pleads guilty to a
violent sex
offense and also is convicted of or pleads guilty to
a sexually
violent predator specification that was included in
the
indictment, count in the indictment, or information charging
that
violent sex offense or if the person is convicted of or
pleads
guilty to a designated homicide, assault, or kidnapping
offense
and also is convicted of or pleads guilty to both a
sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state
or local government resources.
If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable:
(1) For a fourth degree felony OVI offense for which
sentence
is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control
sanctions under section 2929.16 or 2929.17
of the Revised
Code. If
the court imposes upon the offender a community control sanction
and the offender violates any condition of the community control
sanction, the court may take any action prescribed in division (B)
of section 2929.15 of the Revised Code relative to the offender,
including imposing a prison term on the offender pursuant to that
division.
(2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an
additional
prison term as
described in division (D)(4) of
section
2929.14 of the Revised Code or a community control sanction as
described in division (G)(2) of this section.
(B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical
harm to a person.
(b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon.
(c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person.
(d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of
an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession
of
a firearm.
(2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of
this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D)(1) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree, for a
felony
drug offense that is a violation
of any provision of
Chapter
2925., 3719., or 4729. of the
Revised Code for which a
presumption
in favor of
a prison term is specified as being
applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed
that a prison
term is necessary in
order to comply
with the purposes and
principles of sentencing
under section 2929.11 of the
Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the
presumption established
under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court
may
impose a community control sanction or a combination of
community
control
sanctions instead of a prison term on an
offender for a
felony of the first or
second degree or for a
felony drug offense
that is a violation of any
provision of
Chapter 2925., 3719., or
4729. of the Revised Code for which a
presumption in favor of a
prison term is specified as being
applicable if
it makes both of
the following findings:
(a) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code.
(3) A court
that sentences an offender for a drug abuse
offense that is a
felony of the third, fourth, or fifth degree
may require that the
offender be assessed by a properly
credentialed professional
within a specified period of time. The
court shall require the
professional to file a written assessment
of the offender with the
court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may
impose a community control sanction
that includes treatment and recovery support services
authorized
by section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as
a community control
sanction, the court shall direct the level and
type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to
(E) of this section,
the
court shall impose a prison
term or terms under sections
2929.02
to 2929.06, section 2929.14, section 2929.142, or section
2971.03
of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the term or terms pursuant to section
2929.20,
section
2967.193, or any other provision of
Chapter 2967.
or
Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than
thirteen
years of age and if any of the
following
applies:
(a) Regarding gross sexual imposition, the offender
previously was
convicted of or pleaded guilty to
rape, the former
offense of
felonious sexual penetration, gross sexual
imposition,
or sexual
battery,
and the victim of the previous offense was
less than
thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less
than
thirteen
years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and
either is
a violation of section 2903.04 of the Revised Code or an attempt
to commit a felony of the second degree that is an offense of
violence and involved an attempt to cause serious physical harm to
a person or that resulted in serious physical harm to a person if
the offender previously was
convicted of or pleaded guilty to
any
of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense listed in division (F)(7)(a) of this
section that resulted in the death of a person or in physical harm
to a person.
(8) Any offense, other than a violation of section 2923.12
of
the Revised
Code, that is a felony, if the offender had a
firearm
on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14
of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender
wore or carried body armor while committing the felony
offense of
violence, with respect to the portion of the sentence
imposed
pursuant to division (D)(1)(d) of section 2929.14 of the
Revised
Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree;
(11) Any violent sex offense or designated homicide, assault,
or kidnapping offense if, in relation to that offense, the
offender
is adjudicated a sexually violent
predator;
(12) A violation of division (A)(1) or (2) of section
2921.36
of the Revised
Code, or a violation of division (C) of
that
section involving an item listed
in division (A)(1) or (2) of
that
section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the victim of the offense is a peace
officer, as defined in section 2935.01 of the Revised Code, or an
investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
with respect to the portion of the sentence imposed pursuant to
division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the offender 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, with respect to the portion of the sentence imposed
pursuant to division (D)(6) of section 2929.14 of the Revised
Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies.
(G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division
(G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term except as provided in
division (A)(1) of this section.
(2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory
prison
term of sixty days or one hundred twenty days as specified
in
division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. The
court shall not reduce
the term pursuant
to section
2929.20,
2967.193, or any other
provision of the Revised Code. The offender shall serve the one-,
two-, three-, four-, or five-year mandatory prison term
consecutively to and prior to the prison term imposed for the
underlying offense and consecutively to any other mandatory prison
term imposed in relation to the offense. In
no case
shall an
offender who once has been sentenced to a
mandatory term
of local
incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation
of division
(A) of section 4511.19
of the Revised Code.
In
addition to the mandatory prison term described in division (G)(2)
of this section, the court 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 the prison term prior
to serving the community control sanction.
The department of
rehabilitation and correction
may place an
offender
sentenced to a
mandatory prison term under
this division
in an intensive
program
prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of
its intent to
place the offender
in an
intensive program prison
established under that
section and
if the
judge did not notify the
department that the judge
disapproved the
placement. Upon the
establishment of the initial
intensive
program prison pursuant to
section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into
under section
9.06
of the Revised Code,
both of the following
apply:
(a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall
not place any
offender sentenced to a mandatory prison term
under
this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately
operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1,
1997, the judge
shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of the
Revised Code.
(I) If an offender is being sentenced
for a sexually
oriented
offense or a child-victim oriented offense committed on or
after
January 1,
1997, the judge
shall
include in the sentence a
summary of the
offender's duties imposed under sections 2950.04,
2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration. If
required
under division
(A)(2) of section 2950.03 of
the
Revised
Code, the judge shall perform the
duties specified in that
section, or, if required under division (A)(6) of section 2950.03
of the Revised Code, the judge shall perform the duties specified
in that division.
(J)(1) Except as
provided in division (J)(2) of
this
section,
when considering sentencing factors under this
section in
relation
to an offender who is convicted of or pleads
guilty to an
attempt
to commit an offense in violation of
section 2923.02 of
the
Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section
in
relation to an offender who is convicted of or pleads
guilty to
an
attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a
tier III sex
offender/child-victim offender relative to that
offense and the
offender does not serve a prison term or jail
term, the court may
require that the offender be monitored by
means of a global
positioning device. If the court requires such
monitoring, the
cost of monitoring shall be borne by the offender.
If the
offender is indigent, the cost of compliance shall be paid
by the
crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) 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), (G), or (L) 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) or (L) 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)(CC)(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,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 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 or section 2929.142 of
the Revised Code. 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 or section 2929.142 of the Revised
Code.
(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 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 July 11, 2006, 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 July 11, 2006, 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
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 July 11, 2006, 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) 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 if any of the
following apply:
(1) 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.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January
2, 2007, and either the court does
not impose a sentence of life
without parole when authorized
pursuant to division (B) of section
2907.02 of the Revised Code,
or division (B) of section 2907.02 of
the Revised Code provides
that the court shall not sentence the
offender pursuant to
section 2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after
January 2, 2007, and a specification
of the type described in
section 2941.1418, 2941.1419, or
2941.1420 of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after the
effective date of this amendment January 1, 2008, and that section
requires the
court to sentence the offender pursuant to section
2971.03 of the
Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after the effective date of this amendment
January 1, 2008,
and division (A)(2)(b)(ii) of section 2929.022,
division
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),
(D)(3)(a)(iv),
or (E)(1)(d) of section 2929.03, or division (A)
or (B) of section
2929.06 of the Revised Code requires the court
to sentence the
offender pursuant to division (B)(3) of section
2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after the effective date of this amendment January
1, 2008, and
division (B)(2) of section 2929.02 of the Revised
Code requires
the court to sentence the offender pursuant to
section 2971.03 of
the Revised Code.
(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 2929.142 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.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2929.141. (A) As used in this section, "person on
release" means a "releasee" or "parolee," both as defined in
section 2967.01 of the Revised Code.
(B) A person on release who by committing a felony
violates
any condition of parole,
any post-release control
sanction, or
any conditions
described in
division (A) of section
2967.131 of
the Revised Code
that are
imposed upon the person
may be
prosecuted for the new
felony.
Upon the person's
conviction of or
plea of guilty to the new a felony by a person on post-release
control at the time of the commission of the felony, the
court
shall impose sentence
for the new felony, the court may
terminate
the term of
post-release control if the person is a
releasee, and
the court may
do
either or
both of the following for
a person who
is either a
releasee or parolee regardless of whether
the
sentencing court
or
another court of this state imposed the
original prison term
for
which the person is on parole or is
serving a term of
post-release
control:
(1) In addition to any prison term for the new felony,
impose
a prison term for the post-release control violation. If the
person is a
releasee, the
The maximum prison term for
the
violation shall be the
greater of
twelve months or the period
of
post-release control for
the
earlier felony minus any time the
releasee person has spent under
post-release control for the
earlier
felony. In all cases,
any prison term imposed for the
violation shall be
reduced by
any
prison term that is
administratively imposed by the
parole
board
or adult parole
authority as a post-release control
sanction. In
all cases, a A
prison term imposed for the violation
shall be served
consecutively to any prison term imposed for the
new felony. If
the person is a releasee, The imposition of a prison term imposed
for the post-release control violation, and a prison term imposed
for the new felony,
shall not count as, or be credited toward,
terminate the remaining period of
post-release
control imposed
for the earlier felony.
(2) Impose a sanction under sections 2929.15 to 2929.18 of
the Revised Code for the violation that shall be served
concurrently or consecutively, as specified by the court, with any
community control sanctions for the new
felony.
Sec. 2929.15. (A)(1) If in sentencing an offender for a
felony the court is
not required to impose a prison term, a
mandatory prison term, or a
term of life imprisonment upon the
offender, the court may directly impose a
sentence that consists
of one or more community
control sanctions
authorized pursuant to
section 2929.16, 2929.17, or 2929.18 of
the Revised Code. If the
court is sentencing an offender for a fourth
degree felony
OVI
offense under division
(G)(1) of section 2929.13 of the
Revised
Code, in addition to the
mandatory term of local
incarceration
imposed under that division and the
mandatory fine
required by
division (B)(3) of section
2929.18 of the Revised
Code, the court
may impose upon the offender a
community control
sanction or
combination of community control sanctions in
accordance with
sections 2929.16 and 2929.17 of the Revised Code.
If the court is
sentencing an offender for a third or fourth degree felony OVI
offense under division (G)(2) of section 2929.13 of the Revised
Code, in addition to the mandatory prison term or mandatory prison
term and additional prison term imposed under that division, the
court also may impose upon the offender a community control
sanction or combination of community control sanctions 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.
The duration of
all community
control sanctions imposed upon
an
offender under
this division shall not
exceed
five years.
If
the
offender
absconds or otherwise leaves the jurisdiction of the
court
in
which the offender resides without obtaining permission
from the
court or
the offender's probation officer to leave the
jurisdiction of the court, or if
the offender is confined in any
institution for the commission of any offense
while under a
community control sanction, the period of the community control
sanction ceases to run until the offender is brought before the
court for its
further action.
If the court sentences the offender
to one or more nonresidential
sanctions under section 2929.17 of
the Revised Code, the court shall impose
as a condition of
the
nonresidential sanctions that, during the period of the sanctions,
the
offender must abide by the law and must not leave the state
without the
permission of the court or the offender's probation
officer. The court
may impose any
other conditions of release
under a community control sanction that the court
considers
appropriate, including, but not limited to, requiring that the
offender not ingest or be injected with a drug of abuse and submit
to random
drug testing as provided in division (D) of this section
to determine whether
the offender ingested or was injected with a
drug of abuse and requiring that
the results of the drug test
indicate that the offender did not ingest or was
not injected with
a drug of abuse.
(2)(a) If a court sentences an offender to any community
control sanction
or combination of community control sanctions
authorized
pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, the
court shall place the offender under the general
control and
supervision of a department of probation in the county
that
serves the court for purposes of reporting to the court a
violation of any condition of the sanctions, any condition of
release under a
community control sanction imposed by the court, a
violation of law, or the
departure of the offender from this state
without the
permission of the court or the offender's probation
officer. Alternatively,
if
the offender resides in another county
and a county department of probation
has been
established in that
county or that county is served by a multicounty probation
department established under section 2301.27 of the Revised
Code,
the court may request the
court of common pleas of that county to
receive the offender into the general
control and supervision
of
that county or multicounty department of probation for
purposes of
reporting to the court a violation of any condition of the
sanctions, any condition of release under a community control
sanction
imposed by the court, a violation of law, or the
departure of the offender from this state without the permission
of the court
or the offender's probation officer, subject to the
jurisdiction of
the trial judge over
and with respect to the
person of the offender, and to the rules
governing that department
of probation.
If there is no department of
probation in the county that
serves the court, the court shall place the
offender, regardless
of the offender's county of residence, under the general
control
and supervision of the adult parole authority for
purposes of
reporting to the court a violation of any of the sanctions, any
condition of release under a community control sanction imposed by
the court,
a violation of law, or the departure of the
offender
from this state without the permission of the court or the
offender's
probation officer.
(b) If the court imposing sentence upon an offender
sentences
the offender to
any community control sanction or
combination of
community control sanctions authorized pursuant
to
section
2929.16, 2929.17, or 2929.18 of the
Revised Code, and if
the
offender
violates any condition of the sanctions,
any
condition of
release under a community control sanction imposed by
the
court,
violates any law, or departs the state without the
permission of
the
court
or the offender's probation officer, 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 or departure directly to the
sentencing
court, or shall
report the
violation or departure to
the county or
multicounty department of
probation
with general
control and
supervision over the offender under
division (A)(2)(a)
of this
section or the officer of that department who
supervises
the
offender, or, if there is no such department with general
control
and supervision over the offender under that division,
to
the
adult parole authority. If the public or private person
or
entity
that operates or administers the sanction or the
program or
activity that comprises the sanction reports the
violation or
departure to the county or multicounty department of
probation
or
the adult parole authority, the department's or authority's
officers may treat the offender as if the offender were on
probation and
in violation of the probation, and shall report the
violation of
the condition of the sanction, any condition of
release under a community
control sanction imposed by the court,
the violation of law, or
the departure from the state without the
required permission to the
sentencing court.
(3) If an offender who is eligible for community control
sanctions under this section admits to being drug addicted or the
court has reason to believe that the offender is drug addicted,
and if the offense for which the offender is being sentenced was
related to the addiction, the court may require that the offender
be assessed by a properly credentialed professional within a
specified period of time and shall require the professional to
file a
written assessment of the offender with the court. If a
court
imposes treatment and recovery support services as a
community control sanction, the court shall
direct the level and
type of treatment and recovery support services after
consideration of the
written assessment, if available at the time
of sentencing, and recommendations of the professional and other
treatment and recovery support services providers.
(4) If an assessment completed pursuant to division (A)(3) of
this section indicates that the offender is addicted to drugs or
alcohol, the court may include in any community control sanction
imposed for a violation of section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code a requirement that the offender
participate in a treatment and recovery support services program
certified under section 3793.06
of the Revised Code or offered by
another properly credentialed program provider.
(B) If the conditions of a community control
sanction are
violated or if the
offender violates a law or leaves the state
without the permission of the
court or the offender's probation
officer, the sentencing court may
impose a longer time under the
same sanction if the total time under the
sanctions does not
exceed the five-year limit specified in
division (A) of this
section, may impose a more
restrictive sanction under section
2929.16, 2929.17, or 2929.18 of the Revised
Code, or may impose a
prison term on the offender pursuant to
section 2929.14 of the
Revised Code. The prison
term, if any, imposed upon a violator
pursuant to this division
shall be within the range of prison
terms available for the
offense for which the sanction that was
violated was imposed and
shall not exceed the prison term
specified in the notice provided
to the offender at the sentencing
hearing pursuant to division
(B)(3) of section 2929.19 of the
Revised
Code. The court may reduce the longer period of time
that
the offender is required to spend under the longer sanction,
the
more restrictive sanction, or a prison term imposed pursuant
to
this division by the time the offender successfully spent
under
the sanction that was initially imposed.
(C) If an offender, for a significant period of
time,
fulfills the conditions of a sanction imposed pursuant to
section
2929.16, 2929.17, or 2929.18 of the Revised
Code in an exemplary
manner, the court may reduce the
period of time under the sanction
or impose a less restrictive
sanction, but the court shall not
permit
the offender to violate any law or permit the offender to
leave the state
without the permission of the court or the
offender's probation officer.
(D)(1) If a court under division
(A)(1) of this section
imposes
a condition of release under a community control sanction
that
requires the offender to submit to random drug testing, the
department of probation or the adult parole authority that has
general control and supervision of the offender under
division
(A)(2)(a) of this section
may cause the offender to submit to
random drug testing
performed by a laboratory or
entity that has
entered into a
contract with any of the governmental entities or
officers authorized
to enter into a contract with that laboratory
or entity under
section 341.26, 753.33, or 5120.63 of the
Revised
Code.
(2) If no laboratory or entity described in division
(D)(1)
of this section has entered
into a contract as specified in that
division, the
department of probation or the adult parole
authority that has
general control and supervision of the offender
under
division (A)(2)(a) of this section
shall cause the offender
to submit to random drug testing
performed by a reputable public
laboratory
to determine whether the individual
who is the subject
of the drug test ingested or was injected with a drug of
abuse.
(3) A laboratory or entity that has entered into a contract
pursuant to section 341.26, 753.33, or 5120.63 of the
Revised Code
shall perform the random
drug tests under division (D)(1) of this
section in accordance with
the applicable standards that
are
included in the terms of that contract. A public laboratory shall
perform
the random drug tests under division (D)(2) of this
section in
accordance with the standards set
forth in the policies
and procedures established by the department of
rehabilitation and
correction pursuant to section 5120.63 of the Revised Code. An
offender
who is required under division
(A)(1) of this section to
submit to random drug testing as a condition of release under a
community control sanction and whose test results indicate that
the offender
ingested or was injected with a drug of abuse shall
pay the fee for the drug
test if the department of probation or
the adult parole authority that has
general control and
supervision of the offender requires payment of a fee. A
laboratory or entity that performs the random drug testing on an
offender under division (D)(1) or (2) of this section shall
transmit
the results of the drug test
to the appropriate
department of probation or the adult parole
authority that has
general control and supervision of the
offender under division
(A)(2)(a) of
this section.
Sec. 2929.17. Except as provided in this section, the court
imposing a sentence for a
felony
upon an offender who is not
required to serve a mandatory
prison
term may impose any
nonresidential sanction or combination
of
nonresidential sanctions
authorized under this section.
If the
court imposes one or more
nonresidential sanctions authorized
under
this section, the court
shall impose
as a condition of the
sanction that, during the
period of the nonresidential
sanction,
the offender shall abide by
the law and shall not leave the state
without the permission of
the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1) or (2)
of section 2929.13 of the
Revised
Code or for a third degree felony OVI offense under
division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory
prison term imposed under the applicable
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration or mandatory prison term
required for the
offense. The court shall not impose a term in a
drug treatment program as described in division (D) of this
section until after considering an assessment by a properly
credentialed treatment professional, if available. Nonresidential
sanctions
include, but
are not
limited
to, the following:
(A) A term of day reporting;
(B) A term of
house arrest
with
electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, a
term
of electronic monitoring or
continuous alcohol monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring or continuous alcohol
monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division
(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
Sec. 2929.19. (A) 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.
(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 or section 2929.142 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 or section 2929.142 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 and, if the court imposes a
mandatory prison term, notify the offender that the prison term is
a mandatory 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 In addition to any other information, include in the
sentencing entry the name and section reference to the offense or
offenses, the sentence or sentences imposed and whether the
sentence or sentences contain mandatory prison terms, if sentences
are imposed for multiple counts whether the sentences are to be
served concurrently or consecutively, and the name and section
reference of any specification or specifications for which
sentence is imposed and the sentence or sentences imposed for the
specification or specifications;
(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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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 July 11, 2006, 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)(a) The court shall include in the offender's
sentence a
statement that the offender is a tier III sex
offender/child-victim offender, and the court shall comply with
the requirements of section 2950.03 of the Revised Code if any of
the following apply:
(i) 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.
(ii) The
offender is being sentenced
for
a
sexually oriented
offense that the offender
committed on or
after
January 1,
1997,
and the
offender is a tier III sex
offender/child-victim
offender relative to that offense.
(iii) The offender is being sentenced on or after July 31,
2003, for a child-victim oriented offense, and the offender is a
tier III sex offender/child-victim offender
relative to that
offense.
(iv) The offender is being sentenced under section 2971.03 of
the Revised Code for a violation of division (A)(1)(b) of section
2907.02 of the Revised Code committed on or after January 2, 2007.
(v) The offender is sentenced to a term of life without
parole under division (B) of section 2907.02 of the Revised Code.
(vi) The offender is being sentenced for attempted rape
committed on or after January
2, 2007, and a specification of the
type described in section
2941.1418, 2941.1419, or 2941.1420 of
the Revised Code.
(vii) The offender is being sentenced under division
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
for an offense described in those divisions committed on or after
the effective date of this amendment January 1, 2008.
(b) Additionally, if any criterion set forth in divisions
(B)(4)(a)(i) to (vii) of this section is satisfied, 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.
(8) The failure of the court to notify the offender that a
prison term is a mandatory prison term pursuant to division
(B)(3)(a) of this section or to include in the sentencing entry
any information required by division (B)(3)(b) of this section
does not affect the validity of the imposed sentence or sentences.
If the sentencing court notifies the offender at the sentencing
hearing that a prison term is mandatory but the sentencing entry
does not specify that the prison term is mandatory, the court may
complete a corrected
journal entry and send copies of the
corrected entry to the
offender and the department of
rehabilitation and correction, or,
at the request of the state,
the court shall complete a corrected journal entry and send copies
of the
corrected entry to the offender and department of
rehabilitation
and correction.
(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. 2929.20. (A) As used in this section,
"eligible
offender" means any person serving a stated prison term of ten
years or less when either of the following applies:
(1) The stated
prison term does not include a mandatory
prison term.
(2) The stated prison term includes a mandatory
prison term,
and the person has served the
mandatory prison term.
(B) Upon the filing of a motion by the eligible On the motion
of an eligible
offender or
upon its own
motion, a the sentencing
court may reduce
the eligible offender's
stated prison term
through a judicial
release in accordance with
under
this section.
The court shall not reduce the
stated prison
term
of
an offender
who is not an eligible offender.
An
(C) An
eligible offender
may file a
motion for judicial
release with
the
sentencing court
within the
following
applicable period of
time periods:
(1)(a) Except as otherwise provided in division
(B)(1)(b) or
(c) of this section,
if If the stated prison term
was imposed for
a
felony of the fourth or fifth degree is less than two years, the
eligible offender may
file the motion not earlier than
thirty
days
or later than ninety
days after the offender is delivered to a
state
correctional
institution or, if the prison term includes a
mandatory prison term or terms, not earlier than thirty days after
the expiration of all mandatory prison terms.
(b) If the stated prison term is five years and is an
aggregate of
stated prison terms that are being served
consecutively and that were imposed
for any combination of
felonies of the fourth degree and felonies of the fifth
degree,
the eligible offender may file the motion after the eligible
offender
has served four years of the stated prison term.
(c) If the stated prison term is more than five years and
not
more
than ten years and is an aggregate of stated prison
terms
that are being
served
consecutively and that were imposed
for any
combination of felonies of the
fourth degree and felonies
of the
fifth degree, the eligible offender may file
the motion
after the
eligible offender has served five years of the stated
prison term.
(2) Except as otherwise provided in division (B)(3) or (4)
of
this section, if If the stated prison term
was imposed for a
felony
of the first, second, or third degree is at least two
years but less than five years,
the eligible
offender may
file
the motion not earlier than
one
hundred eighty
days after the
offender is delivered to a state correctional
institution or, if
the prison term includes a mandatory prison term or terms, not
earlier than one hundred eighty days after the expiration of all
mandatory prison terms.
(3) If the stated prison term is five years, the eligible
offender may
file the motion after the eligible offender has
served four years of the
stated prison term.
(4) If the stated prison term is more than five years and or
more but
not
more
than
ten
years, the eligible offender may file
the
motion not earlier than five years
after the
eligible offender
has served five years of the
stated
prison term is delivered to a
state correctional institution or, if the prison term includes a
mandatory prison term or terms, not earlier than five years after
the expiration of all mandatory prison terms.
(5) If the offender's
stated prison term includes a
mandatory
prison
term, the offender shall file the
motion within
the time
authorized under division (B)(1), (2),
(3), or (4) of
this
section
for the
nonmandatory portion of the prison term, but
the time
for
filing the motion does not begin to run until after
the expiration
of
the mandatory portion of the prison term.
(C)(D) Upon receipt of a timely motion for
judicial release
filed by an eligible offender under division
(B)(C) of this
section
or upon the sentencing court's own
motion made within the
appropriate time period specified in that
division, the court may
deny the motion without a hearing or
schedule a hearing on the
motion. The
court may deny the motion
without a hearing but shall
not grant
the motion without a
hearing. If a court denies
a motion
without a hearing, the court later
may
consider a subsequent
judicial release for that eligible
offender on its own motion
or a
subsequent motion filed by that
eligible
offender unless the court
denies the motion with prejudice. If a
court denies a motion with
prejudice, the court may later consider
judicial release on its
own motion. If a court denies a motion after a hearing,
the
court
shall
not
consider a subsequent motion for that eligible
offender.
The court shall
hold only one hearing for any eligible
offender.
A hearing under this section shall be conducted in open court
within sixty days after the date on which the motion is filed,
provided that the court may delay the hearing for a period not to
exceed one hundred eighty additional days. If the court
holds a
hearing on the motion, the court shall enter a
ruling
on the
motion within ten days after the hearing. If the court
denies the
motion without a hearing, the court shall enter its
ruling on the
motion within sixty days after the motion is filed.
(D)(E) If a court schedules a hearing under division (C)(D)
of
this
section, the court
shall notify the eligible offender of
the
hearing and shall notify the head of the state
correctional
institution in which the eligible offender is confined of the
hearing prior to the hearing. The head of the state correctional
institution immediately shall notify the appropriate person at the
department of rehabilitation and correction of the hearing, and
the department within twenty-four hours after receipt of the
notice, shall post on the database it maintains pursuant to
section 5120.66 of the Revised Code the offender's name and all of
the information specified in division (A)(1)(c)(i) of that
section. If the
court schedules a hearing for judicial release,
the court promptly
shall give notice of the hearing to the
prosecuting attorney of
the county in which the eligible offender
was indicted. Upon
receipt of the notice from the court, the
prosecuting attorney
shall notify the victim of the offense for
which the stated prison
term was imposed or the victim's
representative, pursuant to
section 2930.16 of the
Revised Code,
of the hearing.
(E)(F) Upon an offender's successful completion of
rehabilitative activities, the head of the state correctional
institution may notify the sentencing court of the
successful
completion of the activities.
(G) Prior to the date of the hearing on a
motion for
judicial
release under this section, the head of the
state
correctional
institution in which the eligible
offender in
question is confined
shall send to the court a report
on the
eligible offender's
conduct in the institution and in any
institution from which the
eligible offender may have been
transferred. The report shall
cover the eligible offender's
participation in school, vocational
training, work, treatment,
and
other rehabilitative activities and
any disciplinary action
taken
against the eligible offender. The
report shall be made
part of
the record of the hearing.
(F)(H) If the court grants a hearing on a motion
for judicial
release under this section, the eligible offender
shall attend the
hearing if ordered to do so by the court. Upon
receipt of a copy
of the journal entry containing the order, the
head of the state
correctional institution in which the
eligible offender is
incarcerated shall deliver the eligible
offender to the sheriff of
the county in which the hearing is to
be held. The sheriff shall
convey the eligible offender to the
hearing and return the
offender to the institution after from the
hearing.
(G)(I) At the hearing on a motion for judicial
release under
this section, the court shall afford the eligible
offender and the
eligible offender's attorney an
opportunity to
present written
and, if present, oral information relevant to the
motion and shall
afford the eligible
offender, if present, and the eligible
offender's attorney an
opportunity to present oral information
relevant
to the motion.
The court shall afford a similar
opportunity to the
prosecuting
attorney, the victim or the
victim's representative,
as defined in
section 2930.01 of the
Revised
Code, and any other person the
court determines is
likely
to present additional relevant
information. The court
shall
consider any statement of a victim
made pursuant to section
2930.14 or 2930.17 of the Revised Code,
any
victim impact
statement prepared pursuant to section 2947.051
of
the Revised
Code, and any report made under division (E)(G) of
this section.
The court may consider any written statement of any
person
submitted to the court pursuant to division (J)(L) of this
section. After ruling on the motion,
the court shall notify
the
victim of the ruling in accordance
with sections 2930.03 and
2930.16 of the Revised
Code.
(H)(J)(1) A court shall not grant a judicial
release under
this
section to an eligible offender who is
imprisoned for a
felony of
the first or second degree, or to an
eligible offender
who
committed an offense contained in under
Chapter 2925. or 3719.
of
the
Revised
Code and for whom there was a presumption under
section
2929.13 of the Revised Code in favor of a prison
term,
unless the
court, with reference to factors
under section 2929.12
of the
Revised Code, finds both
of the following:
(a) That a sanction other than a prison term
would
adequately
punish the offender and protect
the public from future
criminal
violations by the eligible offender because the
applicable factors
indicating a lesser likelihood of recidivism
outweigh the
applicable factors indicating a
greater likelihood of
recidivism;
(b) That a sanction other than a prison term
would not
demean
the seriousness of the offense because factors
indicating
that
the
eligible offender's conduct in
committing the offense was
less
serious than conduct normally constituting the
offense
outweigh
factors
indicating that the eligible offender's conduct
was more
serious than conduct
normally constituting the offense.
(2) A court that grants a judicial release to an
eligible
offender under division (H)(J)(1) of this section
shall specify on
the record both findings required in that
division and also shall
list all the factors described in that
division that were
presented at the hearing.
(I)(K) If the court grants a motion for judicial
release
under
this section, the court shall order the release of
the
eligible
offender, shall place the eligible offender under an
appropriate
community control
sanction, under appropriate
community control
conditions, and under the
supervision of the
department of
probation
serving the court, and shall reserve the
right to
reimpose the sentence that
it reduced pursuant to the
judicial
release if the offender violates the
sanction. If the
court
reimposes the reduced sentence pursuant to this
reserved
right, it
may do so either concurrently with, or consecutive to,
any
new
sentence imposed upon the eligible offender as a result of
the
violation
that is a new offense.
The period of the community
control sanction
shall be
no longer than five years. The court,
in
its
discretion, may reduce the period of the community control
sanction by the
amount of time the eligible
offender spent in jail
or prison
for the offense and in prison. If the
court made any
findings
pursuant to division (H)(J)(1) of
this section, the court
shall
serve
a copy of the findings upon
counsel for the parties
within
fifteen
days after the date on
which the court grants the
motion
for
judicial release.
Prior to being released pursuant to a judicial release
granted under this section, the eligible offender shall serve any
extension of sentence that was imposed under section 2967.11 of
the Revised Code.
If the court grants a motion for judicial release, the court
shall notify the appropriate person at the department of
rehabilitation and correction of the judicial release, and the
department shall post notice of the release on the database it
maintains pursuant to section 5120.66 of the Revised Code.
(J)(L) In addition to and independent of the right of a
victim to make a statement pursuant to section 2930.14, 2930.17,
or 2946.051 of the Revised Code and any right of a person to
present written information or make a statement pursuant to
division (G)(I) of this section, any person may submit to the
court, at any time prior to the hearing on the offender's motion
for judicial release, a written statement concerning the effects
of the offender's crime or crimes, the circumstances surrounding
the crime or crimes, the manner in which the crime or crimes were
perpetrated, and the person's opinion as to whether the offender
should be released.
Sec. 2935.36. (A) The prosecuting attorney may establish
pre-trial diversion programs for adults who are accused of
committing criminal offenses and whom the prosecuting
attorney
believes probably will not offend again. The prosecuting attorney
may require, as a condition of an accused's participation in the
program, the accused to pay a reasonable fee for supervision
services that include, but are not limited to, monitoring and drug
testing. The programs shall be
operated pursuant to
written
standards approved by journal entry by the presiding
judge or, in
courts with only one judge, the judge of the court
of common pleas
and shall not be applicable to any of the
following:
(1) Repeat offenders or dangerous offenders;
(2) Persons accused of an offense of violence, of a
violation
of section 2903.06, 2907.04, 2907.05,
2907.21, 2907.22, 2907.31,
2907.32, 2907.34, 2911.31, 2919.12,
2919.13, 2919.22, 2921.02,
2921.11, 2921.12, 2921.32, or 2923.20
of the Revised Code, or of a
violation of section 2905.01, 2905.02, or
2919.23 of the Revised
Code that, had it occurred prior to
July 1,
1996, would have been
a violation of section
2905.04 of the Revised Code as it existed
prior to that
date, with the exception that the prosecuting
attorney may permit persons accused of any such offense to enter a
pre-trial diversion program, if the prosecuting attorney
finds any
of the following:
(a) The accused did not cause, threaten, or intend serious
physical harm to any person;
(b) The offense was the result of circumstances not likely
to
recur;
(c) The accused has no history of prior delinquency or
criminal activity;
(d) The accused has led a law-abiding life for a
substantial
time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the
alleged offense.
(3) Persons accused of a violation of Chapter 2925. or
3719.
of the Revised Code;
(4) Drug dependent persons or persons in danger of
becoming
drug dependent persons, as defined in section 3719.011
of the
Revised Code. However, this division does not affect the
eligibility of such persons for intervention in lieu
of conviction
pursuant to section 2951.041 of the Revised Code.
(5) Persons accused of a violation of section 4511.19 of
the
Revised Code or a violation of any substantially similar
municipal
ordinance.
(B) An accused who enters a diversion program shall do all of
the
following:
(1) Waive, in writing and contingent upon the accused's
successful completion of the program, the accused's right to a
speedy
trial, the preliminary hearing, the time period within
which the grand jury
may consider an indictment against the
accused, and arraignment, unless
the hearing, indictment, or
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program
of
all periods of limitation established by statutes or rules of
court, that are applicable to the offense with which the
accused
is
charged and to the conditions of the diversion program
established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for
supervision services established by the prosecuting attorney.
(C) The trial court, upon the application of the
prosecuting
attorney, shall order the release from confinement of
any accused
who has agreed to enter a pre-trial diversion program
and shall
discharge and release any existing bail and release any
sureties
on recognizances and shall release the accused on a
recognizance
bond conditioned upon the accused's compliance with
the terms of
the diversion program. The prosecuting attorney
shall notify every
victim of the crime and the arresting officers
of the prosecuting
attorney's intent to permit the accused
to enter a pre-trial
diversion program. The victim of the crime and the arresting
officers shall have the opportunity to file written objections
with the prosecuting attorney prior to the commencement of the
pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion
program, the prosecuting attorney shall recommend to the trial
court that the charges against the accused be dismissed, and the
court, upon the recommendation of the prosecuting attorney, shall
dismiss the charges. If the accused chooses not to enter the
prosecuting attorney's diversion program, or if the accused
violates the conditions of the agreement pursuant to which the
accused has been released, the accused may be brought to trial
upon the
charges in the manner provided by law, and the waiver
executed pursuant to
division (B)(1) of this section shall be void
on the date the
accused is removed from the program for the
violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of
persistent
criminal activity and whose character and condition
reveal a substantial risk
that the person will commit another
offense. It is
prima-facie evidence that a person
is a repeat
offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence
and
having been imprisoned pursuant to sentence for any such
offense,
the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented
offenses or child-victim oriented offenses, both as defined
in
section 2950.01 of the Revised Code, and having been
imprisoned
pursuant to sentence for one or more of those offenses,
the person
commits a subsequent sexually oriented offense or child-victim
oriented offense;
(c) Having been convicted of one or more theft offenses as
defined
in section 2913.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those theft
offenses,
the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse
offenses as defined in section 2925.01 of the Revised Code
and
having been imprisoned pursuant to sentence for one or more of
those
felony drug abuse offenses, the person commits a subsequent
felony
drug abuse offense;
(e) Having been convicted of two or more felonies and having
been
imprisoned pursuant to sentence for one or more felonies, the
person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any
type or
degree other than traffic offenses, alcoholic intoxication
offenses, or minor
misdemeanors and having been imprisoned
pursuant to sentence for any such
offense, the person commits a
subsequent offense.
(2) "Dangerous offender" means a person who has committed an
offense,
whose history, character, and condition reveal a
substantial risk that the
person will be a danger to others, and
whose conduct has been characterized by
a pattern of
repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences.
Sec. 2943.032. Prior to accepting a guilty plea or a plea of
no contest to
an indictment, information, or complaint that
charges a felony,
the court shall inform the defendant personally
that, if the
defendant pleads guilty or no contest to the felony
so charged or any other
felony and, if the court imposes a prison
term upon the defendant for the
felony, all of the following
apply:
(A) The parole board may extend the stated prison term if the
defendant commits any criminal offense under the law of this state
or the
United States while serving the prison term.
(B) Any such extension will be done administratively as part
of
the defendant's sentence in accordance with section 2967.11 of
the
Revised Code and may be for thirty, sixty, or ninety days
for
each violation.
(C) All such extensions of the stated prison term for all
violations during the course of the term may not exceed one-half
of the term's
duration.
(D) The sentence imposed for the felony automatically
includes
any such extension of the stated prison term by the
parole board.
(E) If and if the offender violates the conditions of a
post-release control
sanction imposed by the parole board upon the
completion of the stated prison
term, the parole board may impose
upon the offender a residential sanction
that includes a new
prison term of up to nine months.
Sec. 2949.12. Unless the execution of sentence is
suspended
or the convicted felon has less than thirty days to serve in
prison and the department of rehabilitation and correction, the
county sheriff, and the court agree otherwise, a convicted felon
who is sentenced
to serve a term of
imprisonment in a state
correctional
institution shall be conveyed,
within five days
after sentencing,
excluding Saturdays, Sundays,
and legal
holidays, by the sheriff
of the county in which the
conviction
was had to the facility that
is designated by the
department of
rehabilitation and correction
for the reception of
convicted
felons. The sheriff shall deliver
the convicted felon
into the
custody of the managing officer of
the reception
facility and, at
that time, unless the department
and the sheriff have agreed to
electronically processed prisoner
commitment, shall present the
managing officer
with a copy of the
convicted felon's sentence
that clearly
describes each offense for
which the felon was
sentenced to a correctional
institution,
designates each section
of the Revised Code that
the felon
violated and that resulted in
the felon's conviction and
sentence
to a correctional
institution, designates the sentence imposed
for
each offense for
which the felon was sentenced to a
correctional
institution, and,
pursuant to section 2967.191 of the
Revised
Code, specifies the
total number of days, if any, that the felon
was confined for any
reason prior to conviction and sentence.
The
sheriff, at that
time, also shall present the managing
officer
with a copy of the
indictment. The clerk of the court of common
pleas
shall furnish
the copies of the sentence and indictment. In
the case of a
person under the
age of eighteen years who is
certified to the
court of common pleas by
the juvenile court, the
clerk of the
court of common pleas also shall
attach a copy of the
certification to the copy of the indictment.
The convicted felon shall be assigned to an institution or
designated to be housed in a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse, if
authorized pursuant to section 5120.161 of the Revised Code,
shall
be conveyed to the institution, jail, or workhouse, and
shall be
kept within the institution, jail, or workhouse until
the term of
the felon's imprisonment expires, the felon is pardoned, paroled,
or placed under a post-release control sanction, or
the felon is
transferred under laws permitting the transfer of
prisoners. If
the execution of the felon's sentence is suspended,
and the
judgment thereafter affirmed, the felon shall be conveyed, in
the
same manner as if the execution of the felon's sentence had not
been suspended, to the reception facility as soon as practicable
after
the judge directs the execution of sentence. The trial judge
or
other judge of the court, in the judge's discretion and
for
good cause shown, may extend the time of the conveyance.
Sec. 2951.021. (A)(1) If a court places a misdemeanor
offender
under a community control sanction under section 2929.26,
2929.27,
or
2929.28 of the Revised Code
or places a felony
offender under a
community
control sanction under section 2929.16,
2929.17, or
2929.18 of the Revised
Code and if the court places
the offender
under the control and
supervision of a probation
agency, the court
may
require the offender, as a condition of
community control, to pay
a monthly supervision fee of not more
than fifty dollars for
supervision services. If the court
requires
an offender to
pay a monthly supervision fee and the
offender will
be under the control
of a county department of
probation, a
multicounty department of
probation, or a municipal
court
department of probation
established under section 1901.33 of
the
Revised Code, the court
shall specify whether the offender is
to
pay the fee to the
probation agency that will have control over
the offender or to the
clerk of the court for which the
supervision agency is established. If
the court requires an
offender to pay a monthly probation fee and
the offender will be
under the control of the adult parole
authority, the court shall
specify that the offender is to pay
the fee to the clerk of the
court of common pleas.
(2) No person shall be assessed, in any month, more than
fifty dollars in supervision fees.
(3) The prosecuting attorney of the county or the chief
legal
officer of a municipal corporation in which is located the
court
that imposed sentence upon an offender may bring a civil
action to
recover unpaid monthly supervision fees that the
offender
was
required to pay. Any amount recovered in the civil
action
shall be
paid into the appropriate county or municipal
probation
services
fund in accordance with division
(B) of this
section.
(4) The failure of an offender to comply with a condition
of
community control that requires the offender to
pay
a monthly
supervision fee and that is imposed under division
(A)(1)
of this
section
shall not constitute the basis
for
the
modification of the
offender's community control sanctions
pursuant to section
2929.15
or
2929.25 of the Revised Code but may
be
considered with any
other factors that form the basis of a
modification of a sanction
for
violating a
community control sanction under those sections.
If
the court
determines
that a
misdemeanor offender on
community
control failed to
pay a monthly
supervision fee
imposed
under
division
(A)(1) of this section and that no other factors
warranting
the modification of the
offender's community control
sanction are present, the court shall
remand the offender to
the
custody of the probation agency and may impose any
additional
conditions of
community control upon the
offender,
including a
requirement that the offender perform community
service, as the
ends of justice require. Any requirement imposed
pursuant to
division
(A)(4) of this section that the offender
perform
community service shall be in addition to and shall not
limit or
otherwise affect any order that the offender perform
community
service pursuant to division
(B) of section
2951.02
of the Revised
Code.
(B) Prior to the last day of the month in each month
during
the period of
community control, an
offender who
is ordered to pay
a monthly supervision fee under
this section shall pay the
fee to
the probation agency that has
control and supervision over the
offender or to the clerk of the
court for which the probation
agency is
established, as specified
by the court, except that, if
the
probation agency is the adult
parole authority, the offender
shall pay the fee to the clerk of
the court of common pleas.
Each
probation agency or clerk of a
court that receives any
monthly
supervision fees shall keep a
record of the monthly
supervision
fees that are paid to the agency
or the clerk and
shall give a
written receipt to each person who
pays a supervision fee to the
agency or clerk.
(C) Subject to division
(E) of this
section, all
monthly
supervision fees collected under this section by a
probation
agency or the clerk of a court shall be disposed of in
the
following
manner:
(1) For offenders who are under the control and
supervision
of a county department of probation or a municipal
court
department of probation in a county-operated municipal
court, on
or before the fifth business day of each month, the
chief
probation officer, the chief probation officer's designee, or the
clerk
of the court
shall pay all monthly supervision fees
collected in the previous
month to the county treasurer of the
county in which the county
department of probation or municipal
court department of
probation is established for deposit into the
county probation
services fund established in the county treasury
of that county
pursuant to division (A)(1) of section 321.44 of
the
Revised Code.
(2) For offenders who are under the control and
supervision
of a multicounty department of probation, on or
before the fifth
business day of each month, the chief probation
officer, the chief
probation officer's designee,
or the clerk of the court shall pay
all
monthly supervision fees collected in the previous month to
the county treasurer of the county in which is located the court
of
common pleas that placed the offender
under a
community
control
sanction under the
control of the department for
deposit into the
county probation
services fund established in the
county treasury
of that county
pursuant to division (A)(1) of
section 321.44 of
the Revised Code
and for subsequent
appropriation and transfer in
accordance with
division (A)(2) of
that section to the appropriate
multicounty
probation services
fund established pursuant to
division (B) of
that section.
(3) For offenders who are under the control and
supervision
of a municipal court department of probation in a
municipal court
that is not a county-operated municipal court, on
or before the
fifth business day of each month, the chief
probation officer, the
chief probation officer's designee, or the clerk of the
court
shall
pay all monthly supervision fees collected in the previous
month to the treasurer of the municipal corporation for deposit
into the
municipal probation services fund established pursuant to
section
737.41 of the Revised Code.
(4) For offenders who are under the control and
supervision
of the adult parole authority, the clerk of the court
of common
pleas, on or before the fifth business day of January,
April,
July, and October, shall pay all monthly supervision fees
collected by the clerk in the previous three months to the
treasurer of the county in which is located the court of common
pleas that placed the offender
under a community
control
sanction
under the control of
the authority for deposit
into the county
probation services fund
established in the county
treasury of that
county pursuant to
division (A)(1) of section
321.44 of the
Revised Code and for
subsequent appropriation and
transfer in
accordance with division
(A)(2) of that section to the
adult
parole authority probation
services fund established
pursuant to
section 5149.06 of the
Revised Code.
(D) Not later than the first day of December of each
year,
each probation agency or the court of common pleas of a county in
which the court has entered into an agreement with the adult
parole authority pursuant to section 2301.32 of the Revised Code
shall prepare a report regarding its
use of
money from a county
probation services fund account, a multicounty
probation services
fund
account, or
a municipal probation services fund account, or
the
adult parole authority
probation services fund, whichever is
applicable. The report shall
specify the amount appropriated
from
the fund to the probation
agency or court during the current
calendar
year,
an estimate of
the amount that the probation
agency or court will
expend by
the
end of the year, a summary of
how the amount
appropriated has
been
expended for probation
services, and an
estimate of the
amount of
supervision fees that
the probation
agency or court will collect
and pay to the
appropriate treasurer for
deposit in the
appropriate fund in the
next calendar year. The
report shall be
filed with one of the
following:
(1) If the probation agency is a county department of
probation or a municipal court department of probation in a
county-operated municipal court, with the board of county
commissioners of that county;
(2) If the probation agency is a multicounty department of
probation, with the board of county commissioners of the county
whose treasurer, in accordance with section 2301.27 of the
Revised
Code, is designated as the treasurer to whom
supervision fees
collected under this section are to be appropriated and
transferred under division (A)(2) of section 321.44 of the
Revised
Code;
(3) If the probation agency is a department of probation
of
a
municipal court that is not a county-operated municipal
court,
with the legislative authority of the municipal
corporation that
operates the court;
(4) If the probation agency is court of common pleas has
entered into an agreement with the adult parole authority,
with
the
chairpersons of the finance committees of the
senate and the
house of representatives, the directors of the
office of budget
and management and the legislative
service commission, director of
rehabilitation and correction, the chief of the adult parole
authority,
and the board
of county commissioners in each
county
for which the
adult parole
authority provides probation
services.
(E) If the clerk of a court of common pleas or the clerk
of a
municipal court collects any monthly supervision fees under
this
section, the clerk may retain up to two per cent of the fees
so
collected to cover any administrative costs experienced in
complying with the clerk's duties under this section.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal
offense and the court
has reason to believe that drug or
alcohol usage by the offender
was a factor leading to the
offender's criminal behavior, the
court may accept, prior to the
entry of a guilty plea, the
offender's request for intervention in
lieu of conviction.
The request shall include a waiver
of the
defendant's right to a speedy trial, the preliminary
hearing, the
time period within which the grand jury may
consider an indictment
against the offender, and arraignment,
unless the hearing,
indictment, or arraignment has already
occurred.
The
court may
reject an offender's request without a hearing. If
the court
elects to consider an offender's request, the court
shall conduct
a hearing to determine whether the offender is
eligible under this
section for intervention in lieu of
conviction and shall stay all
criminal proceedings pending the
outcome of the hearing. If the
court schedules a hearing, the
court shall order an assessment of
the offender for the purpose
of determining the offender's
eligibility for intervention in
lieu of conviction and
recommending an appropriate intervention
plan.
(2) The victim notification provisions of division
(C) of
section 2930.08 of the
Revised Code apply in relation to any
hearing held under division
(A)(1) of this section.
(B) An offender is
eligible for intervention in lieu of
conviction if the court
finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony, previously has not
been through
intervention in
lieu of conviction under this section
or any
similar regimen, and is charged with a
felony for which the
court,
upon conviction, would impose sentence
under division
(B)(2)(b) of
section 2929.13 of the
Revised
Code or with a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third
degree, is not an offense of violence, is not a violation of
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is
not a
violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a
violation of division (A) of
section
4511.19 of the Revised Code or a municipal ordinance
that is
substantially similar to that division, and is not an
offense for
which a sentencing court is required to impose a
mandatory prison
term, a mandatory term of local incarceration,
or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of
section
2925.02, 2925.03, 2925.04,
or 2925.06
of the Revised
Code
and is
not charged with a violation of section 2925.11 of the
Revised
Code that is a felony of the
first, second, or third
degree.
(4) The offender is not charged with a violation of
section
2925.11 of the Revised Code that is a felony of the
fourth
degree,
or the offender is charged with a violation of
that
section that
is a felony of the fourth degree and the
prosecutor
in the case
has recommended that the offender be
classified as
being eligible
for intervention in lieu of
conviction under this
section.
(5) The offender has been assessed by an appropriately
licensed provider, certified facility, or licensed and
credentialed professional, including, but not limited to, a
program licensed by the department of alcohol and drug addiction
services pursuant to section 3793.11 of the
Revised Code, a
program certified by
that department pursuant to section 3793.06
of the
Revised Code, a public or private
hospital, the United
States department of veterans
affairs, another appropriate agency
of the government of the
United States, or a licensed
physician,
psychiatrist, psychologist, independent social
worker,
professional counselor, or chemical dependency
counselor for the
purpose of determining the offender's eligibility for
intervention
in lieu of conviction and recommending an appropriate
intervention
plan.
(6) The offender's drug or alcohol usage was a factor
leading
to the criminal offense with which the offender is
charged,
intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age
or older, permanently and totally disabled, under
thirteen years of age,
or a peace officer engaged in the officer's
official duties at the time of the
alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the
Revised Code, the alleged violation did not result
in physical harm to any
person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division
(D) of this
section.
(C) At the conclusion of
a hearing held pursuant to
division
(A) of this section, the court
shall enter its
determination as to
whether the offender is
eligible for
intervention in lieu of
conviction and as to
whether to grant the
offender's request. If
the court finds
under division (B) of
this section that the
offender is eligible for
intervention in lieu of conviction and
grants the
offender's
request,
the court shall accept the
offender's plea of guilty and
waiver
of the defendant's right to a
speedy trial, the preliminary
hearing, the time period within
which the grand jury may
consider
an indictment against the
offender, and arraignment,
unless the
hearing, indictment, or
arraignment has already
occurred. In
addition, the court then may
stay all criminal
proceedings and
order the offender to comply
with all terms and
conditions imposed
by the court pursuant to
division
(D) of this section. If the
court finds that the
offender
is not eligible or does not grant
the offender's request,
the
criminal proceedings against the
offender shall proceed as if
the
offender's request for
intervention in lieu of conviction had
not
been made.
(D) If the court grants
an offender's request for
intervention in lieu of conviction,
the court shall place the
offender under the general control and
supervision of the county
probation department, the adult parole
authority, or another
appropriate local probation or court
services agency, if one
exists, as if the offender was subject
to a community control
sanction imposed under section 2929.15,
2929.18, or 2929.25 of
the
Revised
Code. The court shall establish an
intervention plan for
the
offender. The terms and conditions of
the intervention plan
shall
require the offender, for at least
one
year from the date on
which
the court grants the order of
intervention in lieu of
conviction,
to abstain from the use of
illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit
to
regular random
testing
for drug and alcohol use and may
include
any other
treatment terms
and conditions, or terms and
conditions
similar
to community
control sanctions, which may
include
community service or restitution, that are ordered by the
court.
(E) If the court grants
an offender's request for
intervention in lieu of conviction and
the court finds that the
offender has successfully completed the
intervention plan for the
offender, including the requirement
that the offender abstain from
using drugs and alcohol for a
period of at least one year from the
date on which the court
granted the order of intervention in lieu
of conviction and all
other terms and conditions ordered by the
court, the court shall
dismiss the proceedings against the
offender. Successful
completion of the intervention plan and
period of abstinence
under this section shall be without
adjudication of guilt and is
not a criminal conviction for
purposes of any disqualification
or disability imposed by law and
upon conviction of a crime, and
the court may order the sealing of
records related to the
offense in question in the manner provided
in sections 2953.31
to 2953.36 of the Revised
Code.
(F) If the court grants
an offender's request for
intervention in lieu of conviction and
the offender fails to
comply with any term or condition imposed
as part of the
intervention plan for the offender, the
supervising authority for
the offender promptly shall advise the
court of this failure, and
the court shall hold a hearing to determine whether
the offender
failed to comply with any term or condition imposed
as part of the
plan. If the court determines that the offender
has failed to
comply with any of those terms and conditions, it
shall enter a
finding of guilty and shall impose an appropriate
sanction under
Chapter 2929.
of the
Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this
section:
(1) "Community control sanction" has the same meaning as
in
section 2929.01 of the
Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this
section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the
Revised Code.
Sec. 2953.08. (A) In addition to any other
right to appeal
and except as provided in division (D) of
this section, a
defendant who is convicted of or pleads guilty to
a felony may
appeal as a matter of right the sentence imposed
upon the
defendant on one of the following grounds:
(1) The sentence consisted of or included the maximum prison
term allowed for
the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code, the
sentence was not
imposed
pursuant to division
(D)(3)(b) of section 2929.14 of the Revised
Code, the maximum prison term
was not required for the offense
pursuant to Chapter 2925. or any
other provision of the Revised
Code, and the court imposed
the sentence under one of the
following circumstances:
(a) The sentence was imposed for only one offense.
(b) The sentence was imposed for two or more
offenses arising
out of a single incident, and the court imposed
the maximum prison
term for the offense of the highest degree.
(2) The sentence consisted of or included a prison term, the
offense for
which it was imposed is a felony of the fourth or
fifth degree or is 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, and the court did not
specify at sentencing that it found one or
more factors specified
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised
Code to apply
relative to the
defendant. If the court specifies
that it found
one or more of those factors to apply relative to
the defendant,
the defendant is not entitled under this division
to appeal as a
matter of right the sentence imposed upon the
offender.
(3) The person was convicted of or pleaded guilty to a
violent sex
offense or a designated homicide, assault, or
kidnapping offense, was adjudicated a sexually violent predator in
relation to that offense, and was
sentenced pursuant to division
(A)(3) of
section 2971.03 of the Revised Code, if the minimum
term
of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available
for the
offense from among
the range of terms listed in section
2929.14 of the Revised Code. As used in
this division,
"designated
homicide, assault, or kidnapping offense" and "violent sex
offense" have the same
meanings as in section 2971.01 of the
Revised Code. As used in this division, "adjudicated a sexually
violent predator" has the same meaning as in section 2929.01 of
the Revised Code, and a person is "adjudicated a sexually violent
predator" in the same manner and the same circumstances as are
described in that section.
(4) The sentence is contrary to law.
(5) The sentence consisted of an additional prison term of
ten years
imposed pursuant to division (D)(2)(a) of section
2929.14 of the Revised Code.
(6) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (D)(3)(b) of section
2929.14 of the
Revised Code.
(B) In addition to any other right to appeal
and except as
provided in division (D) of this section, a
prosecuting attorney,
a city director of law, village solicitor, or
similar chief legal
officer of a municipal corporation, or the
attorney general, if
one of those persons prosecuted the case, may appeal as a
matter
of right a sentence
imposed upon a defendant who is convicted of
or pleads guilty to
a felony or, in the circumstances described in
division (B)(3) of
this section the modification of a sentence
imposed upon such a defendant, on
any of the following grounds:
(1) The sentence did not include a prison
term despite a
presumption favoring a prison term for the offense
for which it
was imposed, as set forth in section 2929.13
or Chapter 2925. of
the Revised Code.
(2) The sentence is contrary to law.
(3) The sentence is a modification under section 2929.20 of
the Revised Code
of a sentence that was imposed for a felony of
the first or second degree.
(C)(1) In addition to the right to appeal a sentence
granted
under division (A) or (B) of this
section, a defendant who is
convicted of or pleads guilty to a
felony may seek leave to appeal
a sentence imposed upon the
defendant on the basis that the
sentencing judge has imposed
consecutive sentences under division
(E)(3) or (4) of
section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense
of which
the defendant was convicted. Upon the filing of a
motion under
this division, the court
of appeals may grant leave to appeal the
sentence if the court
determines that the allegation included as
the basis of the
motion is true.
(2) A defendant may seek leave to appeal an additional
sentence imposed upon the defendant pursuant to division (D)(2)(a)
or (b) of section 2929.14 of the Revised Code if the additional
sentence is for a definite prison term that is longer than five
years.
(D)(1) A sentence imposed upon a defendant is not
subject to
review under this section if the sentence is
authorized by law,
has been recommended jointly by the defendant
and the prosecution
in the case, and is imposed by a sentencing
judge.
(2) Except as provided in division (C)(2) of this section, a
sentence imposed upon a defendant is not subject to review under
this section if the sentence is imposed pursuant to division
(D)(2)(b) of section 2929.14 of the Revised Code. Except as
otherwise provided in this division, a defendant retains all
rights to appeal as provided under this chapter or any other
provision of the Revised Code. A defendant has the right to appeal
under this chapter or any other provision of the Revised Code the
court's application of division (D)(2)(c) of section 2929.14 of
the Revised Code.
(3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised
Code is not
subject to review under this section.
(E) A defendant, prosecuting attorney, city
director of law,
village solicitor, or chief municipal legal
officer shall file an
appeal of a sentence under this section to
a court of appeals
within the time limits specified in
Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant
to
division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion
that makes
the sentence modification in question. A sentence
appeal under
this section shall be consolidated with any other
appeal in the
case. If no other appeal is filed, the court of
appeals may
review only the portions of the trial record that
pertain to
sentencing.
(F) On the appeal of a sentence under this
section, the
record to be reviewed shall include all of the
following, as
applicable:
(1) Any presentence, psychiatric, or other
investigative
report that was submitted to the court in writing
before the
sentence was imposed. An appellate court that
reviews a
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in
connection
with the appeal of a sentence under this section shall
comply with division
(D)(3) of section 2951.03 of the Revised Code
when the appellate court is not
using the presentence
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal
of a sentence under this section does not affect the
otherwise confidential
character of the contents of that report as
described in division
(D)(1) of section 2951.03 of the Revised
Code and does not cause that report
to become a public record, as
defined in section 149.43 of the Revised Code,
following the
appellate court's use of the report.
(2) The trial record in the case in which the sentence
was
imposed;
(3) Any oral or written statements made to or by the
court at
the sentencing hearing at which the sentence was
imposed;
(4) Any written findings that the court was required to
make
in connection with the modification of the sentence pursuant
to a
judicial release under division (H)(I) of section
2929.20 of the
Revised Code.
(G)(1) If the sentencing court was required to make the
findings required
by division (B) or (D) of section 2929.13,
division
(D)(2)(e) or (E)(4) of section 2929.14, or division
(H)(I) of section 2929.20 of the
Revised Code relative to the
imposition or modification of the sentence,
and if the sentencing
court failed to state the required findings on the
record, the
court hearing
an appeal under division (A), (B), or (C) of this
section shall
remand the case to the sentencing court and instruct
the sentencing court
to state, on the record, the required
findings.
(2)
The court hearing an appeal under division (A), (B), or
(C) of this section
shall review the record, including the
findings underlying the
sentence or modification given by the
sentencing court.
The appellate court
may
increase, reduce, or otherwise modify
a sentence that is appealed
under this section or may vacate the
sentence and remand the
matter to the sentencing court for
resentencing.
The appellate court's standard for review is not
whether
the sentencing court abused its discretion. The appellate
court may
take any action authorized by this
division
if it
clearly
and convincingly finds either of the following:
(a) That the record does not support the
sentencing court's
findings under division (B) or
(D) of section
2929.13, division
(D)(2)(e) or (E)(4) of section 2929.14, or division (H)(I)
of
section 2929.20 of the Revised Code, whichever, if any, is
relevant;
(b) That the sentence is otherwise contrary to law.
(H) A judgment or final order of a court of
appeals under
this section may be appealed, by leave of court, to
the supreme
court.
(I)(1) There is hereby
established the felony sentence appeal
cost oversight committee,
consisting of eight members. One member
shall be the chief
justice of the supreme court or a
representative of the court
designated by the chief justice, one
member shall be a member of
the senate appointed by the president
of the senate, one member
shall be a member of the house of
representatives appointed by
the speaker of the house of
representatives, one member shall be
the director of budget and
management or a representative of the office of
budget and
management designated
by the director, one member shall be a judge
of a court of
appeals, court of common pleas, municipal court, or
county court
appointed by the chief justice of the supreme court,
one member
shall be the state public defender or a representative
of the
office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one
member shall
be a county commissioner appointed by the county
commissioners
association of Ohio. No more than three of the
appointed members of the
committee may be members of the same
political party.
The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the
Ohio
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial
appointments to the
committee of the appointed members no later
than ninety days after
July 1, 1996. Of
those initial appointments to the committee, the
members
appointed by the speaker of the house of representatives
and the
Ohio prosecuting attorneys
association shall serve a term
ending two years after July 1, 1996, the member
appointed by
the
chief justice of the supreme court shall serve
a term ending three
years after July 1, 1996, and the members appointed by the
president of the
senate and the county commissioners association
of
Ohio shall serve terms ending
four years after July 1, 1996.
Thereafter, terms of office of the appointed
members shall be
for
four years, with each term ending on the same day of the
same
month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same
manner provided
for original appointments. A member appointed
to fill a vacancy
occurring prior to the expiration of the term
for which that
member's predecessor was appointed shall hold
office as a member
for the remainder of the predecessor's term. An appointed
member
shall continue in office subsequent to the
expiration date of that
member's term until that member's
successor takes office or until
a period of sixty days has
elapsed, whichever occurs first.
If the chief justice of the supreme court, the director of
the office of budget and management, or the state public
defender
serves as a member of the committee, that person's term
of office
as a member shall continue for as long as that person
holds office
as chief justice, director of the office of budget
and management,
or state public defender. If the chief justice
of the supreme
court designates a representative of the court to
serve as a
member, the director of budget and management
designates a
representative of the office of budget and
management to serve as
a member, or the state public
defender designates a representative
of the office of the state
public defender to serve as a member,
the person so designated
shall serve as a member of the commission
for as long as the
official who made the designation holds office
as chief justice,
director of the office of budget and management,
or state public
defender or until that official revokes the
designation.
The chief justice of the supreme court or the
representative
of the supreme court appointed by the chief
justice shall serve as
chairperson of the committee. The committee
shall meet within two
weeks after all appointed members have
been appointed and shall
organize as necessary. Thereafter, the
committee shall meet at
least once every six months or more
often upon the call of the
chairperson or the written request of
three or more members,
provided that the committee shall not meet unless
moneys have been
appropriated to the judiciary budget administered by the
supreme
court specifically for the purpose of providing financial
assistance
to counties under division (I)(2) of this section and
the moneys so
appropriated then are available for that purpose.
The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the
judiciary
budget administered by the supreme court specifically
for the purpose of
providing financial assistance to counties
under division (I)(2) of
this section, each member shall be
reimbursed out of the moneys so
appropriated that then are
available for actual and
necessary expenses incurred in the
performance of official
duties as a committee member.
(2) The state criminal sentencing commission periodically
shall provide to
the felony sentence appeal cost oversight
committee all data the commission
collects pursuant to division
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the
felony
sentence appeal cost oversight committee periodically
shall review
the data; determine whether any money has been
appropriated to the
judiciary budget administered by the supreme court
specifically
for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in
expenses
the counties experience as a result of the felony
sentence
appeal provisions set forth in this section or as a
result of a postconviction
relief proceeding brought under
division (A)(2) of section 2953.21
of the Revised Code or an
appeal of a judgment in that proceeding; if it
determines that any
money has been so appropriated, determine the total amount
of
moneys that have been so appropriated specifically for
that
purpose and that then are available for that
purpose; and develop
a recommended method of distributing those
moneys to the counties.
The committee shall send a copy of its
recommendation to the
supreme court. Upon receipt of the
committee's recommendation, the
supreme court shall distribute
to the counties, based upon that
recommendation, the moneys that
have been so appropriated
specifically for the purpose of providing
state financial
assistance to counties under this
division and that then are
available for that purpose.
Sec. 2953.13. When a defendant has been committed to a state
correctional
institution and the judgment, by virtue of which the
commitment was made, is
reversed on appeal, and the defendant is
entitled to his discharge or a
new trial, or when the case is
remanded to the trial court for any reason, the clerk of the court
reversing the judgment or remanding the case, under the seal
thereof of the court, shall forthwith certify said the reversal or
remand to the warden of the state
correctional institution.
The warden, on receipt of the certificate, if a discharge of
the defendant is
ordered, shall forthwith discharge him the
defendant from the
state correctional institution.
If a new trial is ordered or the case is remanded, the warden
shall forthwith cause the defendant to
be conveyed to the jail of
the county in which he the defendant
was convicted, and committed
to the custody of the sheriff thereof of that county.
Sec. 2967.03. The adult parole authority may exercise its
functions and duties in relation to the pardon, commutation of
sentence, or
reprieve of a convict upon direction of the governor
or upon its
own initiative. It may exercise its functions and
duties in relation to the parole of a prisoner
who is eligible for
parole upon the initiative of the head of the
institution in which
the prisoner is confined or upon its own
initiative. When a
prisoner becomes eligible for parole, the
head of the
institution
in which the prisoner is confined shall
notify the
authority in
the manner prescribed by the authority. The authority
may
investigate and examine, or cause the
investigation and
examination of, prisoners confined in state
correctional
institutions concerning their conduct in the institutions, their
mental and moral qualities and characteristics, their knowledge
of
a trade or profession, their former means of livelihood, their
family relationships, and any other matters affecting their
fitness to be at liberty without being a threat to society.
The authority may recommend to the governor the pardon,
commutation of sentence, medical release, or reprieve of any
convict or prisoner
or grant a parole to any prisoner for whom
parole is authorized, if in
its judgment there is reasonable
ground to believe that granting a pardon,
commutation, medical
release, or reprieve to the convict or paroling the
prisoner would
further the interests of justice and be
consistent with the
welfare and security of society. However,
the authority shall not
recommend a pardon or, commutation of
sentence, or medical release
of, or grant a parole to, any convict or prisoner until
the
authority has complied with the applicable notice
requirements of
sections 2930.16 and 2967.12 of the
Revised Code and until it has
considered any statement made by a victim or a
victim's
representative that is relevant to the convict's or prisoner's
case and that was sent to the authority pursuant to section
2930.17 of the Revised Code, any other statement made by a
victim
or a victim's representative that is relevant to the
convict's or
prisoner's case and that was received by the
authority after it
provided notice of the pendency of the action
under sections
2930.16 and 2967.12 of the Revised Code, and any written statement
of any person submitted to the court pursuant to division (H)(G)
of section 2967.12 of the Revised Code. If a victim,
victim's
representative, or the victim's spouse, parent, sibling, or child
appears at a full board hearing of the parole board and gives
testimony as authorized by section 5149.101 of the Revised Code,
the authority
shall consider the testimony in determining whether
to grant a parole.
The trial judge and
prosecuting attorney of the
trial court in which a person was
convicted shall furnish to the
authority, at the request of the authority, a
summarized statement
of the facts proved at the trial and of all
other facts having
reference to the propriety of recommending a
pardon or,
commutation, or medical release, or granting a parole, together
with a
recommendation for or against a pardon, commutation,
medical release, or parole,
and the reasons for the
recommendation. The trial judge, the prosecuting attorney,
specified law enforcement agency members, and a representative of
the prisoner may
appear at a full board hearing of the parole
board and give testimony in
regard to the grant of a parole to the
prisoner as authorized by section
5149.101 of the Revised Code.
All state and local
officials shall furnish information to the
authority, when so
requested by it in the performance of its
duties.
The adult parole authority shall exercise its functions and
duties in
relation to the release of prisoners who are serving a
stated prison term in
accordance with section 2967.28 of the
Revised Code.
Sec. 2967.05. (A) As used in this
section:
(1) "Imminent danger of death" means that the inmate has a
medically diagnosable condition that will cause death to occur
within a short period of time.
As used in division (A)(1) of this section, "within a short
period of time" means generally within six months.
(2)(a) "Medically incapacitated" means any diagnosable
medical condition, including mental dementia and severe, permanent
medical or cognitive disability, that prevents the inmate from
completing activities of daily living without significant
assistance, that incapacitates the inmate to the extent that
institutional confinement does not offer additional restrictions,
that is likely to continue throughout the entire period of parole,
and that is unlikely to improve noticeably.
(b) "Medically incapacitated" does not include conditions
related solely to mental illness unless the mental illness is
accompanied by injury, disease, or organic defect.
(3)(a) "Terminal illness" means a condition that satisfies
all of the following criteria:
(i) The condition is irreversible and incurable and is caused
by disease, illness, or injury from which the inmate is unlikely
to recover.
(ii) In accordance with reasonable medical standards and a
reasonable degree of medical certainty, the condition is likely to
cause death to the inmate within twelve months.
(iii) Institutional confinement of the inmate does not offer
additional protections for public safety or against the inmate's
risk to reoffend.
(b) The department of rehabilitation and correction shall
adopt rules pursuant to Chapter 119. of the Revised Code to
implement the definition of "terminal illness" in division
(A)(3)(a) of this section.
(B) Upon the recommendation of the director of
rehabilitation and
correction, accompanied by a certificate of the
attending physician that a
prisoner or convict an inmate is
terminally ill,
medically incapacitated, or in imminent danger of
death, the
governor may order
his the inmate's release as if
on
parole,
reserving the right to return him the inmate to the
institution
pursuant to this section. If, subsequent to his the
inmate's release, his
the inmate's health improves
so that he the
inmate is no longer terminally ill, medically incapacitated, or in
imminent
danger of
death, he the inmate shall be returned,
by
order of the governor, to the
institution from which he the
inmate was released. If he the inmate violates any rules
or
conditions applicable to him, he the inmate, the inmate may be
returned to an
institution under the control of the department of
rehabilitation
and
correction. The governor may direct the adult
parole authority
to investigate or cause to be investigated the
inmate and make a
recommendation in the manner set forth in
section 2967.03 of the
Revised Code. An inmate released under
this section shall be
subject to supervision by the adult parole
authority in accordance
with any recommendation of the adult
parole authority that is
approved by the governor. The adult
parole authority shall adopt
rules pursuant to section 119.03 of
the Revised Code to establish
the procedure for medical release
of an inmate
when an inmate is terminally ill, medically
incapacitated, or in
imminent danger of death.
(C) No inmate is eligible for release under this section if
the inmate is serving a death sentence, a sentence of life without
parole, a sentence under Chapter 2971. of the Revised Code for a
felony of the first or second degree, a sentence for aggravated
murder or murder, or a mandatory prison term for an offense of
violence or any specification described in Chapter 2941. of the
Revised Code.
Sec. 2967.12. (A) Except as provided in division (G) of
this
section, at least three weeks before the adult parole
authority
recommends any pardon or commutation of sentence, or
grants any
parole, the authority shall send provide a notice of
the
pendency
of the
pardon, commutation, or parole, setting forth the
name
of
the
person on whose behalf it is made, the offense of
which the
person
was
convicted or to which the person pleaded guilty, the
time of
conviction or the guilty plea, and the
term of the
person's
sentence, to
the prosecuting attorney and the
judge of
the court
of common
pleas of the county in which the
indictment
against the
person
was found. If there is more than
one judge of
that court of
common pleas, the authority shall send provide
the
notice
to the presiding
judge. The department of rehabilitation
and correction may utilize electronic means to provide this
notice. The department of rehabilitation and correction, at the
same time that it provides the notice to the prosecuting attorney
and judge under this division, also shall post on the database it
maintains pursuant to section 5120.66 of the Revised Code the
offender's name and all of the information specified in division
(A)(1)(c)(iii) of that section.
(B) If a request for notification has been made pursuant
to
section 2930.16 of the Revised Code, the office of victim services
or the adult parole
authority
also shall give provide notice to
the victim or the victim's
representative at least three weeks
prior to recommending any pardon or commutation of
sentence for,
or granting any parole to, the person. The
authority
shall
provide the notice at the
same time as the notice
required
by
division (A) of this section and shall include in the
notice
the
information required to be set forth in that notice by division
(A) of this section and may be provided by telephone or through
electronic means.
The
notice also
shall inform the victim or the
victim's
representative
that the victim or
representative may
send a
written statement
relative to the victimization and
the
pending
action to the adult
parole authority and that, if the
authority
receives any written
statement prior to recommending a
pardon or
commutation or
granting a parole for a person,
the
authority will
consider the
statement before it recommends a
pardon or
commutation or grants a
parole. If the person is being
considered
for parole, the
notice
shall inform the victim or the
victim's
representative that a full
board hearing of the parole
board may
be held and that the victim
or victim's representative
may contact
the office of victims'
services for
further
information.
If the
person being considered
for parole was
convicted of or pleaded guilty to violating section
2903.01 or
2903.02 of the Revised Code, the notice shall inform
the
victim
of that offense, the victim's representative, or a
member of the
victim's immediate family that the victim, the
victim's
representative, and the victim's immediate family have
the right
to give testimony at a full board hearing
of the parole
board and
that the victim or victim's representative
may contact
the office
of victims' services for further
information. As used
in this
division, "the victim's immediate family" means the
mother,
father, spouse, sibling, or child of the victim.
(C) When notice of the pendency of any pardon,
commutation
of
sentence, or parole has been given provided to a judge or
prosecutor or
posted on the database as provided required in
division (A)
of this section
and a hearing on the pardon,
commutation, or
parole is continued
to a date certain, the
authority
shall provide
notice of the
further
consideration of
the pardon,
commutation, or parole at
least ten days three weeks
before the further consideration. The notice of the
further
consideration shall be provided to the proper judge and
prosecuting attorney by mail at least ten days three weeks before
the further
consideration, and may be provided using electronic
means, and, if the initial notice was posted on the
database as
provided in division (A) of this section, the notice
of the
further consideration shall be posted on the database at
least
ten days three weeks before the further consideration. When
notice
of
the pendency of any pardon, commutation, or parole
has
been
given
as provided in division (B) of this section and the
hearing
on it
is continued to a date certain, the authority shall
give
notice of
the
further consideration to the victim or the
victim's
representative in accordance with section 2930.03 of the
Revised
Code.
(D) In case of an application for the pardon or
commutation
of sentence of a person sentenced to capital
punishment, the
governor may modify the requirements of
notification and
publication if there is not sufficient time for
compliance with
the requirements before the date fixed
for the execution of
sentence.
(E) If an offender is serving a prison term imposed under
division
(A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised
Code
and if the
parole board terminates its
control over
the
offender's service of
that term pursuant to section 2971.04
of
the Revised Code, the
parole board immediately
shall provide
written notice of its
termination of control or the transfer of
control to the entities
and persons
specified in section 2971.04
of the Revised Code.
(F) The failure of the adult parole authority to comply
with
the notice or posting provisions of division (A), (B), or (C) of
this
section
or the failure of the parole board to comply with the
notice
provisions of division (E) of this section do not give any
rights
or any grounds for appeal or
post-conviction relief to the
person
serving the sentence.
(G) Divisions (A), (B), and (C) of this section do not
apply
to any release of a person that is of the type
described in
division (B)(2)(b) of section 5120.031 of the Revised Code.
(H) In addition to and independent of the right of a victim
to make a statement as described in division (A) of this section
or pursuant to section 2930.17 of the Revised Code or to otherwise
make a statement, the authority for a judge or prosecuting
attorney to furnish statements and information, make
recommendations, and give testimony as described in division (A)
of this section, the right of a prosecuting attorney, judge, or
victim to give testimony or submit a statement at a full parole
board hearing pursuant to section 5149.101 of the Revised Code,
and any other right or duty of a person to present information or
make a statement, any person may send to the adult parole
authority at any time prior to the authority's recommending a
pardon or commutation or granting a parole for the offender a
written statement relative to the offense and the pending action.
Sec. 2967.121. (A) Subject to division (C) of this
section,
at least two weeks before any convict
who is serving a sentence
for committing a felony of
the first, second, or third degree is
released from confinement in any state correctional institution
pursuant to a pardon, commutation of sentence, parole, or
completed prison
term, the adult parole authority shall send
provide
notice of the release to the
prosecuting attorney of the
county in
which the indictment of the convict was
found.
(B) The notice required by division (A) of this section
may
be contained in a weekly list of all felons of the
first, second,
or third degree who
are scheduled for release. The notice shall
contain all of the
following:
(1) The name of the convict being released;
(2) The date of the convict's release;
(3) The offense for the violation of which the convict was
convicted and incarcerated;
(4) The date of the convict's conviction pursuant to which
the convict was incarcerated;
(5) The sentence imposed for that conviction;
(6) The length of any supervision that the convict will be
under;
(7) The name, business address, and business phone number
of
the convict's supervising officer;
(8) The address at which the convict will reside.
(C)(1) Divisions (A) and (B) of this section do not
apply to
the
release from confinement of an offender if the
offender is
serving
a prison term imposed under division (A)(3), (B)(1)(a),
(b), or
(c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or
(d) of
section 2971.03 of the Revised Code, if the court pursuant
to
section 2971.05
of the Revised Code modifies the requirement
that
the offender serve that
entire term in a
state correctional
institution, and if the release from confinement is
pursuant
to
that modification. In a case of that type, the court that modifies
the
requirement promptly shall provide written notice of the
modification and the
order that modifies the requirement or
revises the modification to the
offender, the department of
rehabilitation and correction, the prosecuting
attorney, and any
state agency or political subdivision that is affected by
the
order.
(2) Divisions (A) and (B) of this section do not apply to the
release from confinement of an offender if, upon admission to the
state correctional institution, the offender has less than
fourteen days to serve on the sentence.
Sec. 2967.141. (A) As
used in this section, "alternative
residential facility" has the
same meaning as in section 2929.01
of the
Revised Code.
(B) The department of
rehabilitation and correction, through
its division of parole
and community services, may operate or
contract for the
operation of one or more violation sanction
centers as an
alternative residential facility. A violation
sanction center operated under
authority of this division is not a
prison within the meaning of division
(BB) of as defined in
section 2929.01 of
the Revised Code. A violation sanction center
operated
under authority of this division may be used for either
of the
following purposes:
(1) Service of the term of a more restrictive
post-release
control sanction that the parole board, subsequent
to a hearing,
imposes pursuant to division
(F)(2) of section 2967.28 of
the
Revised Code upon a releasee who has
violated a post-release
control sanction imposed upon the
releasee under that section;
(2) Service of a sanction that the adult parole authority
or
parole board imposes upon a parolee whom the authority
determines
to be a parole violator because of a violation of the
terms and
conditions of the parolee's parole or conditional
pardon.
(C) If a violation
sanction center is established under the
authority of this section,
notwithstanding the fact that the
center is an alternative
residential facility for the purposes
described in division
(B) of this section, the center
shall be
used only for the purposes described in that division. A violation
sanction center established under the authority of this section is
not an
alternative residential facility for the
purpose of
imposing sentence on an offender who is convicted of
or pleads
guilty to a felony, and a court that is sentencing
an offender for
a felony pursuant to sections 2929.11 to 2929.19 of the
Revised
Code shall not sentence the
offender to a community residential
sanction that requires the
offender to serve a term in the center.
(D) If a releasee is ordered to serve a sanction in a
violation
sanction center, as described in division (B)(1) of this
section, all
of the following apply:
(1) The releasee shall not be considered to be under a new
prison term for
a violation of post-release control.
(2) The time the releasee serves in the center shall not
count toward, and
shall not be considered in determining, the
maximum cumulative prison term for
all violations that is
described in division (F)(3) of section
2967.28 of the Revised
Code.
(3) The time the releasee serves in the center shall count as
part of, and
shall be credited toward, the remaining period of
post-release control that is
applicable to the releasee.
Sec. 2967.15. (A) If an adult parole authority field
officer
has reasonable cause to believe that a person who is a parolee or
releasee, who is under transitional
control, or who is under
another form of authorized release and who is
under the
supervision of the adult
parole authority has violated or is
violating the condition of a
conditional pardon, parole, other
form of
authorized release, transitional control, or post-release
control specified in
division (A) of section 2967.131 of the
Revised Code or any other term or condition of the person's
conditional pardon, parole, other form of authorized release,
transitional control, or post-release
control, the field officer
may arrest
the person without a warrant or order a peace officer
to arrest
the person without a warrant. A person so arrested shall
be
confined in the jail of the county in which the person is
arrested
or in another facility designated by the chief of the
adult parole
authority until a determination is made regarding the
person's release
status. Upon making an arrest under this section,
the arresting
or supervising adult parole authority field officer
promptly
shall notify the superintendent of parole supervision or
the
superintendent's
designee, in writing, that the person has
been arrested and is in
custody and submit an appropriate report
of the reason
for the arrest.
(B) Except as otherwise provided in this division, prior to
the revocation by
the
adult parole authority of a person's pardon,
parole,
transitional control, or other release and
prior to the
imposition by the parole board or adult parole authority of a new
prison term as a post-release control sanction for a person, the
adult parole
authority shall grant the person a hearing in
accordance with rules adopted by
the department of rehabilitation
and correction under Chapter 119.
of the Revised Code. The adult
parole authority is not required to grant the
person a hearing if
the person is convicted of or pleads guilty to an offense
that the
person committed while released on a pardon, on
parole,
transitional control, or
another form of release, or on
post-release
control and upon which the revocation of the
person's
pardon, parole, transitional control, other
release, or
post-release control is
based.
If a person who has been pardoned is found to be a violator
of the conditions
of the parolee's conditional pardon or
commutation of sentence, the authority
forthwith shall transmit to
the
governor its recommendation concerning that violation, and the
violator shall be retained in custody until the governor issues
an
order concerning that violation.
If the authority fails to make a determination of the case
of
a parolee or releasee alleged to be a violator of the terms and
conditions
of the parolee's or releasee's conditional pardon,
parole, other release,
or post-release control sanctions within a
reasonable time, the
parolee or releasee shall be released from
custody under the same terms and
conditions of the parolee's or
releasee's original conditional pardon, parole,
other release, or
post-release control
sanctions.
(C)(1) If a person who is a parolee or
releasee, who is under
transitional control, or who is under another
form of authorized
release under the supervision of the adult parole
authority
absconds from supervision, the
supervising adult parole authority
field officer shall report that
fact
to the superintendent of
parole supervision, in
writing, and the authority
shall declare
that person to be a violator at large.
Upon being
advised of the
apprehension and availability for return of a
violator at large,
the superintendent of parole supervision shall
determine whether
the violator at large
should be restored to parole,
transitional
control,
another form of authorized release, or post-release
control.
The time between the date on which a person who is a parolee
or other releasee is declared to be a violator or violator at
large and the date on which that person is returned to custody in
this state under the immediate control of the adult parole
authority shall not be counted as time served under the sentence
imposed on that person or as a part of the term of post-release
control.
(2) A person who is under transitional
control or who is
under any form of authorized release under the supervision
of the
adult parole authority is considered to be in custody while
under
the
transitional control or on
release, and, if the person
absconds from
supervision, the
person may be prosecuted for the
offense
of escape.
(D) A person who is a parolee or
releasee,
who is under
transitional control, or who is under another form of
authorized
release under the supervision of the adult parole authority and
who has
violated a term or condition of the person's conditional
pardon, parole,
transitional control, other form of authorized
release, or post-release
control
shall be declared to be a
violator if the person is committed to a
correctional institution
outside the state to serve a sentence imposed upon
the person by a
federal court or a court of another state or if the person
otherwise leaves the state.
(E) As used in this section, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
Sec. 2967.26. (A)(1) The department of rehabilitation and
correction, by
rule, may establish a transitional control program
for the purpose of
closely monitoring a prisoner's adjustment to
community
supervision during the final one hundred eighty days of
the
prisoner's confinement. If the department establishes a
transitional control program under this division, the adult
parole
authority may transfer eligible prisoners to transitional
control
status under the program during the final one hundred
eighty days
of their confinement and under the terms and conditions
established by the department, shall provide for the confinement
as provided in this division of each eligible prisoner so
transferred, and shall supervise each eligible prisoner so
transferred in one or more community control sanctions. Each
eligible prisoner who is transferred to transitional control
status under the program shall be confined in a suitable
facility
that is licensed pursuant to division
(C) of section 2967.14 of
the
Revised Code, or shall be confined in a
residence the
department has approved for this purpose and be
monitored pursuant
to an electronic monitoring device, as
defined in section 2929.01
of the
Revised Code. If the department
establishes a transitional
control program under this division,
the rules establishing the
program shall include criteria that
define which prisoners are
eligible for the program, criteria
that must be satisfied to be
approved as a residence that may be
used for confinement under the
program of a prisoner that is
transferred to it and procedures for
the department to approve
residences that satisfy those criteria,
and provisions of the
type described in division (C)
of this
section. At a minimum, the criteria that define which
prisoners
are eligible for the program shall provide all of the
following:
(a) That a prisoner is eligible for
the program if the
prisoner is serving a prison term or term of
imprisonment for an
offense committed prior to
March 17, 1998, and if, at
the time at
which eligibility
is being
determined, the prisoner would have
been eligible for a
furlough
under this section as it existed
immediately prior to
March 17,
1998, or would have
been eligible
for conditional release under former section 2967.23
of the
Revised Code as that section existed
immediately prior to
March
17, 1998;
(b) That no prisoner who is serving a
mandatory prison term
is eligible for the program until after
expiration of the
mandatory term;
(c) That no prisoner who is serving a
prison term or term of
life imprisonment without parole imposed
pursuant to section
2971.03 of the
Revised Code is eligible for the
program.
(2) At least three weeks prior to
transferring to
transitional control under
this section a prisoner who is serving
a term of imprisonment or prison
term for an offense committed on
or after July 1, 1996,
the adult parole authority shall give
notice of the pendency of
the transfer to transitional control to
the court of common pleas of the county in which the indictment
against the
prisoner was found and of the fact that the court may
disapprove the
transfer of
the prisoner to transitional control
and shall include a report prepared by
the head of the state
correctional institution in which the prisoner is
confined. The
head of the state correctional institution in which the
prisoner
is confined, upon the request of the adult parole authority, shall
provide to the authority for inclusion in the notice sent to the
court under
this division a report on the prisoner's conduct in
the institution and in any
institution from which the prisoner may
have been transferred. The report
shall cover the prisoner's
participation in school, vocational training, work,
treatment, and
other rehabilitative activities and any disciplinary action
taken
against the prisoner. If the
court disapproves of the transfer of
the prisoner to transitional
control, the court shall notify
the
authority of the disapproval within
thirty
days after receipt of
the notice. If the court timely disapproves the
transfer
of the
prisoner to transitional control, the
authority shall not proceed
with the transfer.
If the court does not timely disapprove the
transfer of
the prisoner to transitional control, the
authority
may transfer the
prisoner to transitional control.
(3) If the victim of an offense for which a prisoner was
sentenced to a prison term or term of imprisonment has requested
notification under section 2930.16 of the Revised Code and has
provided the
department of rehabilitation and correction with the
victim's name and
address, the adult parole authority, at least
three weeks prior to
transferring the prisoner to
transitional
control pursuant to this section, shall notify
the victim of the
pendency of the transfer and of the
victim's right to submit
a
statement to the authority regarding the impact of the
transfer of
the
prisoner to transitional control. If the victim
subsequently
submits a statement of that nature to the authority, the
authority
shall consider the statement in deciding whether to
transfer the
prisoner to transitional control.
(4) The department of rehabilitation and correction, at least
three weeks prior to a hearing to transfer the transferring a
prisoner to transitional control pursuant to this section, shall
post on the database it maintains pursuant to section 5120.66 of
the Revised Code the prisoner's name and all of the information
specified in division (A)(1)(c)(iv) of that section. In addition
to and independent of the right of a victim to submit a statement
as described in division (A)(3) of this section or to otherwise
make a statement and in addition to and independent of any other
right or duty of a person to present information or make a
statement, any person may send to the adult parole authority at
any time prior to the authority's transfer of the prisoner to
transitional control a written statement regarding the transfer of
the prisoner to transitional control. In addition to the
information, reports, and statements it considers under divisions
(A)(2) and (3) of this section or that it otherwise considers, the
authority shall consider each statement submitted in accordance
with this division in deciding whether to transfer the prisoner to
transitional control.
(B) Each prisoner
transferred to transitional control under
this section shall be
confined in the manner described in division
(A) of this
section during any period of time that the prisoner is
not actually working at the prisoner's approved employment,
engaged
in a vocational training or another educational program,
engaged in another
program
designated by the director, or engaged
in other activities approved by the
department.
(C) The department of rehabilitation and correction shall
adopt rules for
transferring eligible prisoners to transitional
control, supervising and confining prisoners so transferred,
administering the
transitional control program in accordance with
this
section, and using the moneys deposited into the transitional
control fund established under division (E) of this section.
(D) The department of rehabilitation and correction may
adopt
rules for the issuance of passes for the limited purposes
described in this division to prisoners who are transferred to
transitional control under this section. If the department
adopts
rules of that nature, the rules shall govern the granting
of the
passes and shall provide for the supervision of prisoners
who are
temporarily released pursuant to one of those passes. Upon the
adoption of
rules under this division, the department may issue
passes to
prisoners who are transferred to transitional control
status
under this section in accordance with the rules and the
provisions of this division. All passes issued under this
division
shall be for a maximum of forty-eight hours and may be
issued only
for the following purposes:
(1) To visit a
relative
in imminent danger of death;
(2) To
have a private viewing of the
body of a deceased
relative;
(3) To visit with family;
(4) To otherwise aid in the rehabilitation of the
prisoner.
(E) The adult parole authority may require a
prisoner
who is
transferred to transitional control to pay to
the division of
parole and community services
the reasonable expenses incurred by
the division in supervising or confining the prisoner while under
transitional control. Inability to pay those
reasonable expenses
shall not be
grounds
for refusing to transfer an otherwise
eligible
prisoner to transitional control. Amounts received by
the
division of
parole and community services
under this division
shall be deposited into the transitional
control fund, which is
hereby created in the state treasury and which hereby replaces and
succeeds
the furlough services fund that formerly existed in the
state treasury. All
moneys that remain in the furlough services
fund on
March 17, 1998, shall
be
transferred on that date to the
transitional control fund. The
transitional
control fund shall be
used
solely to pay costs
related to the operation of the
transitional control
program
established under this section. The
director of
rehabilitation
and correction shall adopt rules in
accordance
with section 111.15
of the Revised Code for the use of
the fund.
(F) A prisoner who violates any rule established by the
department of rehabilitation and correction under
division (A),
(C), or (D) of this section may
be transferred to
a state
correctional institution pursuant to rules adopted under
division
(A), (C), or (D) of this section, but the
prisoner shall receive
credit
towards completing the prisoner's sentence for the time
spent
under transitional control.
If a prisoner is transferred to transitional control under
this section, upon successful completion of the period of
transitional control, the prisoner may be
released on parole or
under post-release control pursuant to section 2967.13
or 2967.28
of the Revised Code and rules
adopted by the department of
rehabilitation and
correction. If the prisoner is released under
post-release control, the
duration of
the post-release control,
the type of post-release control
sanctions that may be imposed,
the enforcement of the sanctions,
and the treatment of prisoners
who violate any sanction
applicable to the prisoner are governed
by section 2967.28 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 July 11,
2006, 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 July 11, 2006, 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 July 11, 2006, 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. Pursuant to an agreement
entered into under section 2967.29 of the Revised Code, a court of
common pleas or parole board may impose sanctions or conditions on
an offender who is placed on post-release control under this
division.
(D)(1) Before the prisoner is released from
imprisonment,
the
parole board or, pursuant to an agreement under section 2967.29 of
the Revised Code, the court
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 or court
imposes one or
more post-release control sanctions upon a
prisoner, the board or court,
in
addition to imposing the
sanctions, also shall include as a
condition of
the post-release
control that the individual or felon offender
not
leave the state
without permission of the court or the
individual's or felon's
offender's
parole or probation officer and that the
individual or
felon offender abide by the
law. The board or court may impose any
other
conditions of release under a post-release control sanction
that the board or court
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 or court 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 or court
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 or court
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 or court shall presume that
monitored time is the appropriate
post-release control sanction
unless the
board or court 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 July 11, 2006, 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 or,
pursuant to an agreement under section 2967.29 of the Revised
Code, the court may
review
the releasee's behavior under the
post-release control
sanctions
imposed upon the releasee under
this section. The authority or court 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
The
authority also may recommend
that the parole board or court
increase or reduce the
duration of the period of
post-release
control imposed by the
court. If the authority recommends that the
board or court increase the duration of post-release control, the
board or court shall review the releasee's behavior and may
increase the duration of the period of post-release control
imposed by the court up to eight years. If the authority
recommends that the board or court
reduce the duration of control
for an
offense described in division
(B)(2), (B)(3), or (C) of
this
section, the board or court
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 or court reduce
the duration
of the period of
control imposed by the court for an
offense described in
division
(B)(1) of this section to a period
less than the length of the stated prison term originally imposed,
and in no case shall the board or court
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) 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 or, pursuant to an
agreement under section 2967.29 of the Revised Code, the court
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 or court
may impose a more restrictive sanction
upon the
releasee, in
accordance with the standards established
under
division (E) of
this section or in accordance with the agreement made under
section 2967.29 of the Revised Code,
or may report the violation
to
the parole board for
a hearing
pursuant to division (F)(3) of
this
section. The
authority or court 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 or court 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 or, pursuant to an agreement under
section 2967.29 of the Revised Code, the court 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 or court finds that
the releasee
violated the sanction or
condition, the board or court
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 or court may
impose as a
post-release control sanction a residential sanction
that
includes
a prison term.
The board or court 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 Unless a releasee's stated prison term was reduced pursuant to
section 5120.032 of the Revised Code, 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.
If a releasee's stated
prison term was reduced pursuant to section 5120.032 of the
Revised Code, the period of a prison term that is imposed as a
post-release control sanction under this division and the maximum
cumulative prison term for all violations under this division
shall not exceed the period of time not served in prison under the
sentence imposed by the court. 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 or
court, 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 or court. 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 or court.
Sec. 2967.29. (A) A court of common pleas may cooperate with
the department of rehabilitation and correction in the supervision
of offenders who return to the court's territorial jurisdiction
after serving a prison term. The court, after consultation with
the board of county commissioners, may enter into an agreement
with the department allowing the court and the parole board to
make joint decisions relating to parole and post-release control
to the extent permitted by section 2967.28 of the Revised Code.
(B) An agreement made under this section shall include at
least all of the following:
(1) The categories of offenders with regard to which the
court may participate in making decisions;
(2) The process by which the offenders in each category will
be identified;
(3) The process by which the court and the parole board will
monitor offenders and make recommendations regarding programming
while the offenders are in prison;
(4) The process by which the court will participate in
setting appropriate sanctions and conditions on offenders who
leave prison on post-release control or parole;
(5) The process by which the court may participate in
reducing the duration of the period of post-release control;
(6) Guidelines for the supervision of offenders under
post-release control or parole supervision;
(7) Guidelines for sanctions for violations of parole or
post-release control;
(8) Provisions that take into account the perspective of
affected victims.
(C) A court that enters into an agreement under this section
shall provide the department of rehabilitation and correction with
a presentence investigation upon the offender's admission to
prison. The department shall provide the court with a summary of
an offender's progress while in prison prior to the release of the
offender.
Sec. 4507.51. (A)(1) Every application for an
identification
card or duplicate shall be made on a form
furnished
by the
registrar of motor vehicles, shall be signed by
the
applicant, and
by the applicant's parent or guardian if
the
applicant is
under
eighteen years of age, and shall contain the
following
information
pertaining to the applicant: name, date of
birth,
sex, general
description including the applicant's height,
weight, hair color,
and eye color, address,
and social security
number. The
application also shall state whether an applicant wishes to
certify willingness to
make an anatomical gift under section
2108.04 of the Revised Code
and shall include information about
the requirements of that
section that apply to persons who are
less than eighteen years of
age. The statement regarding
willingness to make such a
donation
shall be given no
consideration in the decision of whether to
issue an
identification card. Each applicant shall be
photographed in
color
at the time of making application.
(2) The application also shall
state whether the applicant
has executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
executed a declaration governing the
use or continuation, or the
withholding or withdrawal, of
life-sustaining treatment pursuant
to sections 2133.01
to 2133.15 of the Revised Code and, if the
applicant has executed
either type of
instrument, whether the
applicant wishes the
identification card issued to indicate that
the applicant has
executed the instrument.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for an identification card or
duplicate if
the applicant is eligible and wishes to be
registered as an
elector. The decision of an applicant whether
to register as an
elector shall be given no consideration in the
decision of whether
to issue the applicant an identification
card or duplicate.
(B) The application for an identification card or
duplicate
shall be filed in the office of the registrar or
deputy registrar.
Each applicant shall present documentary evidence as
required by
the registrar of the applicant's age and
identity,
and the
applicant shall swear that all
information
given is true. An
identification card issued by the department of rehabilitation and
correction under section 5120.59 of the Revised Code shall be
sufficient documentary evidence under this division. Upon issuing
an identification card under this section for a person who has
been issued an identification card under section 5120.59 of the
Revised Code, the registrar or deputy registrar shall destroy the
identification card issued under section 5120.59 of the Revised
Code.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
Sec. 4743.06. Not later than one hundred eighty days after
the effective date of this section, each board, commission, or
agency that is created under or by virtue of Title XLVII of the
Revised Code and that is
authorized to deny licensure or
certification without offering an
opportunity for a hearing
pursuant to Chapter 119. of the Revised
Code to applicants who
have been convicted of, pleaded guilty to,
or had a judicial
finding of guilt for any specified criminal
offense regardless of
the jurisdiction in which the offense was
committed and that
intends to add specified criminal offenses to the list of criminal
offenses for which licensure or certification can be so denied on
the effective date of this section shall
promulgate rules
pursuant to Chapter 119. of the
Revised Code
that list each of
the additional criminal offenses for which licensure or
certification can be so denied and state the basis for which each
of those specified criminal offenses is
substantially
related to
a
person's fitness and ability to
perform the duties
and
responsibilities of the occupation,
profession, or trade.
Sec. 5120.07. (A) There is hereby created the ex-offender
reentry coalition consisting of the following seventeen members or
their designees:
(1) The director of rehabilitation and correction;
(2) The director of aging;
(3) The director of alcohol and drug addiction services;
(4) The director of development;
(5) The superintendent of public instruction;
(6) The director of health;
(7) The director of job and family services;
(8) The director of mental health;
(9) The director of mental retardation and developmental
disabilities;
(10) The director of public safety;
(11) The director of youth services;
(12) The chancellor of the Ohio board of regents;
(13) The director of the governor's office of external
affairs and economic opportunity;
(14) The director of the governor's office of faith-based and
community initiatives;
(15) The director of the rehabilitation services commission;
(16) The director of the department of commerce;
(17) The executive director of a health care licensing board
created under Title XLVII of the Revised Code, as appointed by the
chairperson of the coalition.
(B) The members of the coalition shall serve without
compensation. The director of rehabilitation and correction or the
director's designee shall be the chairperson of the coalition.
(C) In consultation with persons interested and involved in
the reentry of ex-offenders into the community, including but not
limited to, service providers, community-based organizations, and
local governments, the coalition shall identify and examine social
service barriers and other obstacles to the reentry of
ex-offenders into the community. Not later than one year after the
effective date of this act and on or before the same date of each
year thereafter, the coalition shall submit to the speaker of the
house of representatives and the president of the senate a report,
including recommendations for legislative action, the
activities
of the coalition, and the barriers affecting the
successful
reentry of ex-offenders into the community. The report
shall
analyze the effects of those barriers on ex-offenders and on
their children and other family members in various areas,
including but not limited to, the following:
(1) Admission to public and other housing;
(2) Child support obligations and procedures;
(3) Parental incarceration and family reunification;
(4) Social security benefits, veterans' benefits, food
stamps, and other forms of public assistance;
(6) Education programs and financial assistance;
(7) Substance abuse, mental health, and sex offender
treatment programs and financial assistance;
(8) Civic and political participation;
(9) Other collateral consequences under the Revised Code or
the Ohio administrative code law that may result from a criminal
conviction.
Sec. 5120.52. The department of rehabilitation and
correction may enter into a contract with any person or with a
political subdivision
in which a state correctional institution is
located under which the an
institution will provide water or
sewage treatment services for the person or
political subdivision
if the institution has a water or sewage treatment
facility with
sufficient excess capacity to provide the services.
Any such contract shall include all of the following:
(A) Limitations on the quantity of sewage that the
facility
will accept or the quantity of potable water that the facility
will provide that are compatible with the needs of the
state
correctional institution;
(B) The bases for calculating reasonable rates to be
charged
the person or political subdivision for potable water or for
sewage treatment services
and for adjusting the rates;
(C) All other provisions the department considers
necessary
or proper to protect the interests of the state in the
facility
and the purpose for which it was constructed.
All amounts due the department under the contract shall be
paid to the department by the person or political subdivision at
the times
specified in the contract. The department shall deposit
all such
amounts in the state treasury to the credit of the
correctional institution water and
sewage treatment facility
services fund, which is hereby created. The fund
shall be used by
the department to pay costs associated
with operating and
maintaining the water or sewage treatment facility.
Sec. 5120.59. Before a prisoner is released from a state
correctional institution, the department of rehabilitation and
correction shall attempt to verify the prisoner's identification
and social security number. If the department is not able to
verify the prisoner's identification and social security number,
if the prisoner has no other documentary evidence required by
the
registrar of motor vehicles for the issuance of an
identification
card under section 4507.50 of the Revised Code, and if the
department determines that the prisoner is legally living in the
United States, the
department shall issue to the prisoner upon
the prisoner's release
an identification card that the prisoner
may present to the
registrar or a deputy registrar of motor
vehicles to obtain an
identification card under section 4507.50
of the Revised Code. The
director of rehabilitation and
correction may adopt rules for the
implementation of this
section.
Sec. 5120.63. (A) As used in this section:
(1) "Random drug testing" means a procedure in which blood or
urine
specimens are collected from individuals chosen by
automatic,
random selection and without prearrangement or
planning, for the
purpose of scientifically analyzing the
specimens to determine
whether the individual ingested or was
injected with a drug of
abuse.
(2) "State correctional institution" has the same meaning as
in section
2967.01 of the Revised Code.
(3) "Stated prison term" has the same meaning as in section
2929.01 of the Revised Code.
(B) The department of
rehabilitation and correction shall
establish and administer a
statewide random drug testing program
in which all persons who
were convicted of or pleaded guilty to a
felony offense and are
serving a stated prison term in a state
correctional institution
shall submit
to random drug testing. The
department may enter into contracts with
laboratories or entities
in the state that are accredited by the
national institute on drug
abuse to
perform blood or urine specimen collection,
documentation,
maintenance, transportation, preservation, storage,
and analyses
and other duties required under this section in the
performance
of random drug testing of prisoners in those
correctional
institutions. The terms
of any contract entered into
under this division shall include a requirement
that the
laboratory or entity and its employees, the superintendents,
managing officers, and employees of state correctional
institutions, all
employees of the department, and all other
persons comply with the
standards for the performance of random
drug testing as
specified in the policies and procedures
established by the department
under division (D) of this
section.
If no laboratory or entity has entered into a
contract as
specified in this division, the department shall
cause a prisoner
to submit to random drug testing performed by a
reputable public
laboratory to determine whether the prisoner
ingested or was
injected with a drug of abuse.
(C) A prisoner who is subjected to random drug
testing under
this section and whose test indicates that the prisoner ingested
or was injected with a drug of abuse shall pay the fee for that
positive test
and other subsequent test fees as a sanction
specified by the
department of rehabilitation and correction
pursuant to division
(D)(6) of this section.
(D) The department of rehabilitation and correction
shall
establish policies and procedures to
implement the random drug
testing program established under this
section. The policies and
procedures shall include, but are not limited to,
provisions that
do the following:
(1) Establish standards for the performance of random
drug
testing that include, but are not limited to, standards governing
the
following:
(a) The collection by the laboratory or entity described in
division (B) of this section of blood or urine specimens of
individuals in a scientifically or medically approved manner and
under reasonable and sanitary conditions;
(b) The collection and testing by the laboratory or entity
described in division (B) of this section of blood or urine
specimens with due regard for the privacy of the individual being
tested and in a manner reasonably calculated to prevent
substitutions or interference with the collection and testing of
the specimens;
(c) The documentation of blood or urine specimens
collected
by the laboratory or entity described in division (B) of
this
section and documentation procedures that reasonably preclude
the
possibility of erroneous identification of test results and
that
provide the individual being tested an opportunity to
furnish
information identifying any prescription or
nonprescription drugs
used by the individual in connection with
a medical condition;
(d) The collection, maintenance, storage, and
transportation
by the laboratory or entity described in division (B)
of this
section of blood or urine specimens in a manner that
reasonably
precludes the possibility of contamination or
adulteration of the
specimens;
(e) The testing by the laboratory or entity described in
division
(B) of this section of blood or urine specimen of an
individual to determine whether the individual ingested or was
injected with a drug of abuse, in a manner that conforms to
scientifically accepted analytical methods and procedures and
that
may include verification or confirmation of any positive
test
result by a reliable analytical method;
(f) The analysis of an individual's blood or urine
specimen
by an employee of the laboratory or entity described in division
(B) of this section who is qualified by education, training, and
experience to perform
that analysis and whose regular duties
include the analysis of
blood or urine specimens to determine the
presence of a drug of
abuse and whether the individual who is the
subject of the test
ingested or was injected with a drug of
abuse.
(2) Specify the frequency of performing random drug
testing
of prisoners in a state correctional institution;
(3) Prescribe procedures for the automatic, random
selection
of prisoners in a state correctional institution
to submit to
random
drug testing under this section;
(4) Provide for reasonable safeguards for the transmittal
from the laboratory or entity described in division (B) of this
section to the department of the results of the random drug
testing of
prisoners in state correctional institutions pursuant
to division (F)
of this section;
(5) Establish a reasonable fee to cover the costs
associated
with random drug testing and analyses performed by a
laboratory or
entity under this section and
establish procedures for the
collection of those fees from the
prisoners subjected to the drug
test;
(6) Establish guidelines for imposing sanctions upon a
prisoner whose test
results indicate that the prisoner ingested or
was injected with a drug of
abuse.
(E) The warden of each correctional institution, pursuant to
the contract entered into under division
(B) of this section or,
if no
contract was entered into under that division, pursuant to
the
policies and procedures established by the department of
rehabilitation and correction under division
(D) of this section,
shall
facilitate the collection, documentation, maintenance, and
transportation by the laboratory or entity described in
division
(B) of this section,
of the blood or urine specimens of the
prisoners in the state
correctional institution who are subject to
random
drug testing.
(F) A laboratory or entity that performs random drug testing
of
prisoners and analyses of blood or urine specimens under this
section shall transmit the results of each drug test to the
department of rehabilitation and correction. The department shall
file for
record the results of the drug tests that indicate
whether or not each
prisoner in the state
correctional institution
who was subjected to the drug test
ingested or was injected with a
drug of abuse. The department
shall send a copy of the results of
the drug tests to the warden
of the state correctional institution
in which the prisoner who was subjected
to the drug test is
confined. The warden shall
give appropriate notice of the drug
test results
to each prisoner who was subjected
to the drug test
and whose drug test results indicate that the prisoner
ingested or
was injected with a drug of abuse. In accordance with
institutional disciplinary procedures, the warden
shall afford
that prisoner an opportunity to be
heard regarding the results of
the drug test and to present contrary evidence
at a hearing held
before the warden within thirty days after notification to
the
prisoner under this division. After the hearing, if a hearing is
held,
the warden
shall make a determination regarding any
evidence
presented by the prisoner. If the warden
rejects the evidence
presented by the prisoner
at the hearing or if no hearing is held
under this division, the
warden may subject the prisoner to
sanctions that include payment of the fee
for the test.
(G) If a prisoner has
been subjected to two or more drug
tests pursuant to this
section and if the results of two of those
tests indicate that
the prisoner ingested or was injected with a
drug of abuse, the
parole board may extend the stated prison term
of the prisoner
pursuant to the bad time provisions in section
2967.11 of the
Revised
Code if by ingesting or being
injected with
the drug of abuse the prisoner committed a violation
as defined in
that section.
(H) All fees for random
drug tests collected from prisoners
under this section or
collected by the adult parole authority
under section 2929.15,
2951.05, or 2967.131 of the
Revised Code
shall be forwarded to the
treasurer of state for deposit in the
offender financial
responsibility fund created in division
(I) of
section 5120.56 of the
Revised Code.
Sec. 5120.66. (A) Within ninety days after November 23,
2005, but not before January 1, 2006, the department of
rehabilitation and correction shall establish and operate on the
internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a
sentence imposed for a conviction of or plea of guilty to any
offense, all of the following information:
(b) For each offense for which the inmate was sentenced to a
prison term or term of imprisonment and is in the department's
custody, the name of the offense, the Revised Code section of
which the offense is a violation, the gender of each victim of the
offense if those facts are known, whether each victim of the
offense was an adult or child if those facts are known, the range
of the possible prison terms or term of imprisonment that could
have been imposed for the offense, the actual prison term or term
of imprisonment imposed for the offense, the county in which the
offense was committed, the date on which the inmate began serving
the prison term or term of imprisonment imposed for the offense,
and either the date on which the inmate will be eligible for
parole relative to the offense if the prison term or term of
imprisonment is an indefinite term or life term or the date on
which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable
regarding the inmate:
(i) If known to the department prior to the conduct of any
hearing for judicial release of the defendant pursuant to section
2929.20 of the Revised Code in relation to any prison term or term
of imprisonment the inmate is serving for any offense, notice of
the fact that the inmate will be having a hearing regarding a
possible grant of judicial release, the date of the hearing, and
the right of any person pursuant to division (J) of that section
to submit to the court a written statement regarding the possible
judicial release;
(ii) If the inmate is serving a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code, prior to the
conduct of any hearing pursuant to section
2971.05 of the Revised
Code to determine whether to modify the
requirement that the
inmate serve the entire prison term in a
state correctional
facility in accordance with division (C) of
that section, whether
to continue, revise, or revoke any existing
modification of that
requirement, or whether to terminate the
prison term in accordance
with division (D) of that section,
notice of the fact that the
inmate will be having a hearing
regarding those determinations and
of the date of the hearing;
(iii) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the inmate or
at least three weeks prior to a hearing before the adult parole
authority regarding a grant of parole to the inmate in relation to
any prison term or term of imprisonment the inmate is serving for
any offense, notice of the fact that the inmate might be under
consideration for a pardon or commutation of sentence or will be
having a hearing regarding a possible grant of parole, of the date
of any hearing regarding a possible grant of parole, and of the
right of any person to submit a written statement regarding the
pending action;
(iv) At least three weeks before the inmate has a hearing
regarding a transfer is transferred to transitional control under
section 2967.26
of the Revised Code in relation to any prison
term or term of
imprisonment the inmate is serving for any
offense, notice of the
pendency of the transfer, of the date of
the possible transfer,
and of the right of any person to submit a
statement regarding the
possible transfer;
(v) Prompt notice of the inmate's escape from any facility in
which the inmate was incarcerated and of the capture of the inmate
after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement,
notice of the fact that the inmate will be released, of the date
of the release, and, if applicable, of the standard terms and
conditions of the release;
(viii) Notice of the inmate's judicial release.
(2) Information as to where a person can send written
statements of the types referred to in divisions (A)(1)(c)(i),
(iii), and (iv) of this section.
(B)(1) The department shall update the database required
under division (A) of this section every twenty-four hours to
ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section
is a public record open for inspection under section 149.43 of the
Revised Code. The department shall make the database searchable by
inmate name and by the county and zip code where the offender
intends to reside after release from a state correctional
institution if this information is known to the department.
(3) The database required under division (A) of this section
may contain information regarding inmates who are listed in the
database in addition to the information described in that
division.
(4) No information included on the database required under
division (A) of this section shall identify or enable the
identification of any victim of any offense committed by an
inmate.
(C) The failure of the department to comply with the
requirements of division (A) or (B) of this section does not give
any rights or any grounds for appeal or post-conviction relief to
any inmate.
(D) This section, and the related provisions of sections
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted
in the act in which this section was enacted, shall be known as
"Laura's Law."
Sec. 5120.70. (A) There is hereby created in the state
treasury
the federal equitable sharing fund. The director of
rehabilitation
and correction shall deposit in the fund all money
received by the
department from the federal government as
equitable sharing
payments under 28 U.S.C. 524. The director
shall establish rules
pursuant to Chapter 119. of the Revised
Code for the operation of
the fund.
(B)(1) The department of rehabilitation and correction shall
use federally forfeited property and the proceeds of federally
forfeited property only for law enforcement purposes. The
department shall implement auditing procedures that will trace
assets and interest to the equitable sharing fund.
(2) Within sixty days of the close of the fiscal year, the
department shall submit to the chairpersons of the committees of
the senate and the house of representatives that consider criminal
justice legislation all of the following information:
(a) The annual certification report submitted to the United
States department of justice and the United States department of
treasury;
(b) A report identifying all DAG-71 forms submitted to the
federal government and a consecutive numbering log of the copies
including identifiers for the type of asset, the amount, the share
requested, the amount received, and the date received.
(3) The department shall provide the committees with any
documentation related to the reports that members of the
committees request. The report may be submitted in a tangible
format, an electronic format, or both.
Sec. 5139.02. (A)(1) As used in this section, "managing
officer"
means the
assistant director, a deputy director, an
assistant deputy director, a
superintendent, a regional
administrator, a deputy superintendent, or the
superintendent of
schools of the
department of youth services, a member of the
release authority, the chief of
staff to the release authority,
and the victims
administrator of the office of victim services.
(2) Each division established by the
director of youth
services shall consist of managing officers and
other employees,
including those employed in institutions and
regions as necessary
to perform the functions assigned to them.
The director,
assistant director, or appropriate deputy director
or managing
officer of the department shall supervise the work of
each
division and determine general policies governing the
exercise of
powers vested in the department and assigned to each
division.
The
appropriate managing officer or deputy director is
responsible
to
the director or assistant director for the
organization,
direction, and supervision of the work of the
division or unit and
for the exercise of the powers and the
performance of the duties
of the department assigned to it and,
with the director's
approval, may establish bureaus or other
administrative units
within the department.
(B) The director shall appoint all managing officers, who
shall be in the unclassified civil service. The director
may
appoint a person who holds a certified position in the classified
service
within the department to a position as a managing officer
within the department. A person appointed pursuant to this
division to a position as a managing officer shall retain the
right to
resume the position and status held by the person in the
classified service
immediately prior to the person's appointment
as managing officer, regardless of the
number of positions the
person
held in the unclassified service. A managing officer's
right to resume a position in the classified service may only be
exercised when the director demotes the managing officer to a pay
range lower than the managing officer's current pay range or
revokes the managing officer's appointment to the position of
managing officer. A managing officer forfeits the right to resume
a position in the classified service when the managing officer is
removed from the position of managing officer due to incompetence,
inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment of the public, neglect of
duty, violation of this chapter or Chapter 124. of the Revised
Code, the rules of the director of youth services or the director
of administrative services, any other failure of good behavior,
any other acts of misfeasance, malfeasance, or nonfeasance in
office, or conviction of a felony. A managing officer also
forfeits the right to resume a position in the classified service
upon transfer to a different agency.
Reinstatement to a position in the classified service shall
be to the position held
in the classified
service immediately
prior to appointment as managing officer,
or
to another position
certified by the director of administrative services as being
substantially equal to that position. If the
position the person
previously held in the classified service immediately prior to
appointment as a managing officer has been placed
in the
unclassified
service or is otherwise unavailable, the person shall
be appointed to a
position in the classified service within the
department
that the director of administrative services certifies
is comparable in
compensation to the position the person
previously held in the classified
service.
Service as a managing
officer shall be counted as service in the
position in the
classified service held by the person
immediately prior to the
person's
appointment as a managing officer. If a
person is
reinstated to a
position in the classified service
under this
division, the person
shall be returned to the pay range and step
to which the
person
had been assigned at the time of the
appointment as
managing
officer. Longevity, where applicable,
shall be calculated
pursuant to the provisions of section 124.181
of the Revised Code.
(C) Each person appointed as a managing officer shall have
received special training and shall have experience in the type
of
work that the person's division is required to perform.
Each
managing
officer, under the supervision of the director, has
entire charge
of the division, institution, unit, or region for
which the
managing officer is
appointed and, with the director's
approval, shall appoint
necessary employees and may remove them
for cause.
(D) The director may designate one or more deputy directors
to sign any personnel actions on the director's behalf. The
director shall make a designation in a writing signed by the
director, and the designation shall remain in effect until the
director revokes or supersedes it with a new designation.
Sec. 5139.18. (A) Except with respect to children who are
granted a judicial release to court supervision pursuant to
division
(B) of section
2152.22 of the Revised Code, the
department of youth
services is
responsible for locating homes or
jobs for children released from
its institutions, for supervision
of children released from its
institutions, and for providing or
arranging for the provision to
those children of appropriate
services that are required to
facilitate their satisfactory
community adjustment. Regional administrators through their staff
of parole officers shall supervise children paroled or released to
community supervision in a manner that insures as nearly as
possible the children's rehabilitation and that provides maximum
protection to the general public.
(B) The department of youth services shall exercise
general
supervision over all children who have been released on
placement
from any of its institutions other than children who
are granted a
judicial release to court supervision pursuant to
division (B) of
section
2152.22 of the Revised Code. The director of
youth
services, with the consent and approval of the board of
county
commissioners of any county, may contract with the
public children
services agency of that county, the department of probation of
that county established pursuant to section 2301.27 of the
Revised
Code, or the probation department or service established
pursuant
to sections 2151.01 to 2151.54 of the Revised Code for
the
provision of direct supervision and control over and the
provision
of supportive assistance to all children who have been
released on
placement into that county from any of its
institutions, or, with
the consent of the juvenile judge or the
administrative judge of
the juvenile court of any county,
contract with any other public
agency, institution, or
organization that is qualified to provide
the care and
supervision that is required under the terms and
conditions of
the child's treatment plan for the provision of
direct
supervision and control over and the provision of
supportive
assistance to all children who have been released on
placement
into that county from any of its institutions.
(C) A juvenile parole officer shall furnish to a child placed
on community control under the parole officer's supervision a
statement of the conditions of parole and shall instruct the child
regarding them. The parole officer shall keep informed concerning
the conduct and condition of a child under the parole officer's
supervision and shall report on the child's conduct to the judge
as the judge directs. A parole officer shall use all suitable
methods to aid a child on community control and to improve the
child's conduct and condition. A parole officer shall keep full
and accurate records of work done for children under the parole
officer's supervision.
(D) In accordance with division (D) of section 2151.14 of the
Revised Code, a court may issue an order requiring boards of
education, governing bodies of chartered nonpublic schools, public
children services agencies, private child placing agencies,
probation departments, law enforcement agencies, and prosecuting
attorneys that have records related to the child in question to
provide copies of one or more specified records, or specified
information in one or more specified records, that the individual
or entity has with respect to the child to the department of youth
services when the department has custody of the child or is
performing any services for the child that are required by the
juvenile court or by statute, and the department requests the
records in accordance with division (D)(3)(a) of section 2151.14
of the Revised Code.
(E) Whenever any placement official has reasonable cause
to
believe that any child released by a court pursuant to section
2152.22
of the Revised Code has violated the conditions
of the
child's placement, the official may request, in
writing, from the
committing court or transferee court a custodial order, and,
upon
reasonable and probable cause, the court may order any sheriff,
deputy sheriff, constable, or police officer to apprehend the
child. A child so apprehended may be confined in the detention
facility of the county in which the child is apprehended
until
further order of the court. If a child who was released on
supervised
release by the release
authority of the department of
youth services or a child who was granted a judicial release to
department of youth services
supervision violates the
conditions
of the supervised release or judicial release,
section 5139.52 of
the Revised Code applies with respect to that child.
Sec. 5139.281. The department of youth services shall
adopt
rules prescribing the manner of application for financial
assistance under this section for the operation and maintenance
of
a detention facility provided, or district detention
facility
established, under section
2151.41 of the Revised Code
and
prescribing minimum standards of operation, including criteria
for
programs of education, training, counseling, recreation,
health,
and safety, and qualifications of personnel with which a
facility
shall comply as a condition of eligibility for
assistance
under
this section. If the board of county commissioners
providing a
detention facility or the board of trustees of
a district
detention facility applies to the department for assistance
and
if
the department finds that the application is in accordance with
the rules adopted under this section and that the facility
meets
the
minimum standards adopted under this section, the department
may
grant assistance to the applicant board for the operation and
maintenance of each facility in an amount not to exceed
fifty per
cent of the approved annual operating cost. The board shall make
a
separate application for each year for which assistance is
requested.
The department shall adopt any necessary rules for the
care,
treatment, and training in a district detention
facility of
children found to be delinquent children and committed to
the
facility by the juvenile court under section
2151.19 of
the
Revised
Code and may approve for this purpose any facility that
is
found to be in compliance with the rules it adopts.
The department shall provide fund, at least once every six
months,
in-service training programs approved by the department
for staff members of
detention
facilities or district detention
facilities and shall pay all
travel and other necessary expenses
incurred by participating
staff members.
Sec. 5139.31. The department of youth services may inspect
any school, forestry camp, district detention facility, or
other
facility for which an application for financial assistance has
been made to the department under section
2152.43
or
2151.651 of
the Revised Code or for which financial
assistance
has
been
granted by the department under section
5139.27,
5139.271,
or
5139.281 of the Revised Code. The
inspection may
include, but
need
not be limited to, examination
and evaluation of
the physical
condition of the school, forestry
camp, district
detention
facility, or other facility,
including
any
equipment
used in
connection with it; observation and
evaluation
of the
training
programming and
treatment of children admitted to
it;
examination
and
analysis and
copying of any papers, records,
or
other
documents
relating to the
qualifications of personnel,
the
commitment of
children to it, and
its administration.
Sec. 5139.36. (A) In accordance with this section and the
rules adopted under it and from funds appropriated to the
department of youth services for the purposes of this section,
the
department shall make grants that provide financial resources
to
operate community corrections facilities for felony
delinquents.
(B)(1) Each community corrections facility that intends to
seek a grant under this section shall file an application with
the
department of youth services at the time and in accordance
with
the procedures that the department shall establish by rules
adopted in accordance with Chapter 119. of the Revised Code. In
addition to other items required to be included in the
application, a plan that satisfies both of the following shall be
included:
(a) It reduces the number of felony delinquents committed
to
the department from the county or counties associated with the
community corrections facility.
(b) It ensures equal access for minority felony
delinquents
to the programs and services for which a potential
grant would be
used.
(2) The department of youth services shall review each
application submitted pursuant to division (B)(1) of this section
to determine whether the plan described in that division, the
community corrections facility, and the application comply with
this section and the rules adopted under it.
(C) To be eligible for a grant under this section and for
continued receipt of moneys comprising a grant under this
section,
a community corrections facility shall satisfy at least
all of the
following requirements:
(1) Be constructed, reconstructed, improved, or financed
by
the Ohio building authority pursuant to section 307.021 of the
Revised Code and Chapter 152. of the Revised Code for the use of
the department of youth services and be designated as a community
corrections facility;
(2) Have written standardized criteria governing the types
of
felony delinquents that are eligible for the programs and
services
provided by the facility;
(3) Have a written standardized intake screening process
and
an intake committee that at least performs both of the
following
tasks:
(a) Screens all eligible felony delinquents who are being
considered for admission to the facility in lieu of commitment to
the department;
(b) Notifies, within ten days after the date of the
referral
of a felony delinquent to the facility, the committing
court
whether the felony delinquent will be admitted to the
facility.
(4) Comply with all applicable fiscal and program rules
that
the department adopts in accordance with Chapter 119. of the
Revised Code and demonstrate that felony delinquents served by
the
facility have been or will be diverted from a commitment to
the
department.
(D) The department of youth services shall determine the
method of distribution of the funds appropriated for grants under
this section to community corrections facilities.
(E)(1) The department of youth services shall adopt rules in
accordance with Chapter 119. of the Revised Code to establish the
minimum occupancy threshold of community corrections facilities.
(2) The department may make referrals for the placement of
children in its custody to a community corrections facility. At
least forty-five days prior to the referral of a child or within
any shorter period prior to the referral of the child that the
committing court may allow, the department shall notify the
committing court of its intent to place the child in a community
corrections facility. The court shall have thirty days after the
receipt of the notice to approve or disapprove the placement. If
the court does not respond to the notice of the placement within
that thirty-day period, the department shall proceed with the
placement and debit the county in accordance with sections 5139.41
to 5139.43 of the Revised Code. A child placed in a community
corrections facility pursuant to this division shall
remain in the
legal custody of the
department of youth services during the
period in which the child is in the community corrections
facility.
(3) Counties that are not associated with a community
corrections facility may refer children to a community corrections
facility with the consent of the facility. The department of youth
services shall debit the county that makes the referral in
accordance with sections 5139.41 to 5139.43 of the Revised Code.
(F) If the The board or other governing body of a community
corrections facility establishes an advisory board, the board or
other
governing authority of the shall meet not less often than
once per quarter. A community corrections facility shall may
reimburse the
members of the board or other governing body of the
facility and the members of an advisory board created by the board
or other governing body of the facility for their actual and
necessary expenses incurred
in the performance of their official
duties on the advisory board. The
members of the board or other
governing body of the facility and the members of an advisory
boards board created by the board or other governing body of the
facility shall serve without compensation.
Sec. 5139.38. Within ninety days prior to the expiration
of
the prescribed minimum period of institutionalization of a
felony
delinquent committed to the department of youth services
and with
prior notification to approval of the committing court, the
department may transfer the felony delinquent to a community
facility for a period of supervised treatment prior to ordering a
release of the felony delinquent on supervised release or
prior to
the release and placement of the felony delinquent as
described in
section 5139.18 of the Revised Code. For purposes
of transfers
under this section, both of the following apply:
(A) The community facility may be a community corrections
facility that has received a grant pursuant to section 5139.36 of
the Revised Code, a community residential program with which the
department
has contracted for purposes of this section, or another
private entity with
which the department has contracted for
purposes of this section. Division
(E) of section 5139.36 of the
Revised Code does not
apply in connection with a transfer of a
felony delinquent that
is made to a community corrections facility
pursuant to this
section.
(B) During the period in which the felony delinquent is in
the community facility, the felony delinquent shall remain in
the
custody of the department.
Sec. 5139.41.
The appropriation made to the department of
youth services for care
and custody of felony delinquents shall be
expended in accordance
with the following procedure that the
department shall use for each year of
a biennium. The procedure
shall be consistent with sections
5139.41
to 5139.43 of the
Revised Code and shall be developed in
accordance with the
following guidelines:
(A) The line item appropriation for the care and custody of
felony delinquents shall provide funding for operational costs for
the following:
(1) Institutions and the diagnosis, care, or treatment of
felony delinquents at facilities pursuant to contracts entered
into under section 5139.08 of the Revised Code;
(2) Community corrections facilities constructed,
reconstructed, improved, or financed as described in section
5139.36 of the Revised Code for the purpose of providing
alternative placement and services for felony delinquents who have
been diverted from care and custody in institutions;
(3) County juvenile courts that administer programs and
services for prevention, early intervention, diversion, treatment,
and rehabilitation services and programs that are provided for
alleged or adjudicated unruly or delinquent children or for
children who are at risk of becoming unruly or delinquent
children;
(4) Administrative expenses the department incurs in
connection with the felony delinquent care and custody programs
described in section 5139.43 of the Revised Code.
(B) From the appropriated line item for the care and custody
of felony delinquents, the department, with the advice of the
RECLAIM advisory committee established under section 5139.44 of
the Revised Code, shall allocate annual operational funds for
county juvenile programs, institutional care and custody,
community corrections facilities care and custody, and
administrative expenses incurred by the department associated with
felony delinquent care and custody programs. The department, with
the advice of the RECLAIM advisory committee, shall adjust these
allocations, when modifications to this line item are made by
legislative or executive action.
(C) The department shall divide county juvenile program
allocations among county juvenile courts that administer programs
and services for prevention, early intervention, diversion,
treatment, and rehabilitation that are provided for alleged or
adjudicated unruly or delinquent children or for children who are
at risk of becoming unruly or delinquent children. The department
shall base funding on the county's previous year's ratio of the
department's institutional and community correctional facilities
commitments to that county's four year average of felony
adjudications, divided by statewide ratios of commitments to
felony adjudications, as specified in the following formula:
(1) The department shall give to each county a proportional
allocation of commitment credits. The proportional allocation of
commitment credits shall be calculated by the following
procedures:
(a) The department shall determine for each county and for
the state a four year average of felony adjudications.
(b) The department shall determine for each county and for
the state the number of charged bed days, for both the department
and community correctional facilities, from the previous year.
(c) The department shall divide the statewide total number of
charged bed days by the statewide total number of felony
adjudications, which quotient shall then be multiplied by a factor
determined by the department.
(d) The department shall calculate the county's allocation of
credits by multiplying the number of adjudications for each court
by the result determined pursuant to division (C)(1)(c) of this
section.
(2) The department shall subtract from the allocation
determined pursuant to division (C)(1) of this section a credit
for every chargeable bed day a youth stays in a department
institution and two-thirds of credit for every chargeable bed day
a youth stays in a community correctional facility, except for
public safety beds. At the end of the year, the department shall
divide the amount of remaining credits of that county's allocation
by the total number of remaining credits to all counties, to
determine the county's percentage, which shall then be applied to
the total county allocation to determine the county's payment for
the fiscal year.
(3) The department shall pay counties three times during the
fiscal year to allow for credit reporting and audit adjustments,
and modifications to the appropriated line item for the care and
custody of felony delinquents, as described in this section. The
department shall pay fifty per cent of the payment by the
fifteenth of July of each fiscal year, twenty-five per cent by the
fifteenth of January of that fiscal year, and twenty-five per cent
of the payment by the fifteenth of June of that fiscal year.
(D) In fiscal year 2004, the payment of county juvenile
programs shall be based on the following procedure:
(1) The department shall divide the funding earned by each
court in fiscal year 2003 by the aggregate funding of all courts,
resulting in a percentage.
(2) The department shall apply the percentage determined
under division (D)(1) of this section to the total county juvenile
program allocation for fiscal year 2004 to determine each court's
total payment.
(3) The department shall make payments in accordance with the
schedule established in division (C)(3) of this section.
Sec. 5139.43. (A) The
department of youth services shall
operate a felony delinquent
care and custody program that shall be
operated in accordance with the formula
developed pursuant to
section 5139.41 of the Revised
Code, subject to the conditions
specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed
to
it by the department of youth services pursuant to division
(B) of
section 5139.41 of the Revised Code in accordance with the
applicable provisions of
division (B)(2) of this section and shall
transmit the moneys to the county
treasurer for deposit in
accordance with this division. The county treasurer
shall create
in the county treasury a fund that shall be
known as the felony
delinquent care and custody fund and shall
deposit in that fund
the moneys disbursed to the juvenile
court pursuant to division
(B) of section 5139.41 of the Revised Code. The county treasurer
also
shall deposit into that fund the
state subsidy funds granted
to the county pursuant to section
5139.34 of the Revised Code. The
moneys
disbursed to the juvenile court pursuant to division
(B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled
with any other county funds except state subsidy
funds granted to the
county pursuant to section 5139.34 of the
Revised Code; shall not be used for any capital
construction
projects; upon an
order of the juvenile court and subject to
appropriation by the
board of county commissioners, shall be
disbursed to the juvenile
court for use in accordance with the
applicable provisions of division
(B)(2) of this section;
shall
not revert to the county general fund at the end of any
fiscal
year; and shall carry over in the felony delinquent care and
custody
fund from the end of any fiscal year to the next fiscal
year. At the end of each fiscal year, beginning June 30, 2008, the
balance in the felony delinquent care and custody fund in any
county shall not exceed the total moneys allocated to the county
pursuant to sections 5139.34 and 5139.41 of the Revised Code
during the previous fiscal year, unless that county has applied
for and been granted an exemption by the director of youth
services. The department shall withhold from future payments to a
county an amount equal to any moneys in the felony delinquent care
and custody fund of the county that exceed the total moneys
allocated pursuant to those sections to the county during the
preceding fiscal year and shall reallocate the withheld amount.
The department shall adopt rules for the withholding and
reallocation of moneys disbursed under sections 5139.34 and
5139.41 of the Revised Code and for the criteria and process for a
county to obtain an exemption from the withholding requirement.
The moneys
disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code and deposited pursuant
to this
division in the felony delinquent care and custody fund
shall be in
addition to, and shall not be used to reduce,
any
usual annual increase in county funding that the juvenile
court is
eligible to receive or the current level of county
funding of the
juvenile court and of any programs or services for
delinquent
children, unruly children, or juvenile traffic
offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody
fund in
accordance with rules that the department of youth
services adopts pursuant to
division (D) of section 5139.04 of the
Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code shall be used to aid in
the support of prevention, early
intervention, diversion,
treatment, and rehabilitation programs
that are provided for
alleged or adjudicated unruly children or
delinquent children or
for children who are at risk of becoming
unruly
children or delinquent children. The county shall not use
for
capital improvements more than fifteen per cent of
the moneys
in the fund that represent the applicable annual grant of those
state subsidy
funds.
(ii) The moneys in the fund that
were disbursed to the
juvenile court pursuant to division
(B) of section 5139.41 of the
Revised Code and deposited pursuant to division
(B)(1) of this
section in the
fund shall be used to
provide programs and services
for the training,
treatment, or rehabilitation of felony
delinquents that are
alternatives to their commitment to the
department, including,
but not limited to, community residential
programs, day treatment
centers, services within the home, and
electronic monitoring, and shall be
used in connection with
training,
treatment, rehabilitation, early intervention, or other
programs or services
for any delinquent child, unruly child, or
juvenile traffic
offender who is under the jurisdiction of the
juvenile court.
The
fund also may be used for prevention, early
intervention,
diversion, treatment, and rehabilitation programs
that are
provided for alleged or adjudicated unruly children,
delinquent
children, or juvenile traffic offenders or for
children who are at
risk of becoming unruly
children, delinquent children, or juvenile
traffic
offenders. Consistent with
division (B)(1) of this
section, a county and the juvenile court of a county shall not
use
any of those moneys for capital construction
projects.
(iii) Moneys in the fund shall not be used to support
programs or services that do not comply with federal juvenile
justice and delinquency prevention core requirements or to support
programs or services that research has shown to be ineffective.
(iv) The county and the juvenile
court that serves the
county may not use moneys in the fund for
the provision of care
and services for children, including, but
not limited to, care and
services in a detention facility, in
another facility, or in to
provide
out-of-home placement, unless the
minimum standards that
apply to
the care and services and that
the department prescribes
in rules
adopted pursuant to division
(D) of section 5139.04 of
the
Revised
Code have been satisfied of children only in
detention
centers, community rehabilitation centers, or community
corrections facilities approved by the department pursuant to
standards adopted by the department, licensed by an authorized
state agency, or accredited by the American correctional
association or another national organization recognized by the
department.
(b) Each juvenile court shall comply with division (B)(3)(d)
of this section
as implemented by the department.
If a juvenile
court fails to comply with division (B)(3)(d) of this section, the
department shall not be required to make any disbursements in
accordance with division (C) or (D) of section 5139.41 or division
(C)(2) of section 5139.34 of the Revised Code.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised
Code,
each juvenile
court and the county served by that juvenile court
shall do all of the
following that apply:
(a) The juvenile court shall prepare an annual grant
agreement
and application for funding that satisfies the
requirements of
this section and section 5139.34 of the
Revised
Code and that pertains to the use,
upon an order of the juvenile
court and subject to appropriation
by the board of county
commissioners, of the moneys in its felony
delinquent care and
custody fund for specified programs,
care, and services as
described in division (B)(2)(a) of this
section, shall submit that
agreement and
application to the county family and children first
council, the
regional family and children first council, or the
local
intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised
Code, whichever is
applicable,
and shall file that agreement and application with the
department for its approval. The annual grant agreement
and
application for funding shall include a method of ensuring equal
access for minority
youth to the programs, care, and services
specified in
it.
The department may approve an annual grant agreement
and
application for funding only if the juvenile court involved
has
complied with the preparation, submission, and filing
requirements
described in division
(B)(3)(a)
of this section. If the juvenile
court complies with those
requirements and the department approves
that agreement
and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code only in accordance with
division (B)(2)(a)
of this section,
the rules
pertaining to state subsidy funds that the department
adopts
pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each
year, the
juvenile court shall file with the department a report
that
contains all of the statistical and other
information for each
month of the prior state fiscal
year. If the juvenile court
fails
to file the report required by division
(B)(3)(b)
of this section
by the thirty-first day of
August of any year, the
department
shall not disburse any payment of state subsidy funds
to which the
county otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to division (B) of
section 5139.41 of the Revised Code the
applicable allocation
until the juvenile
court fully complies with division
(B)(3)(b)
of
this section.
(c) If the department requires the juvenile court to
prepare
monthly statistical reports and to submit the reports on forms
provided
by the department, the juvenile court shall file those
reports with the
department on the forms so provided. If the
juvenile court
fails to prepare and submit those monthly
statistical reports within the
department's timelines, the
department shall not disburse any
payment of state subsidy funds
to which the county
otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to
division (B) of section 5139.41 of the Revised Code the applicable
allocation
until the juvenile court fully complies with division
(B)(3)(c) of this section.
If the juvenile court fails to prepare
and submit those monthly
statistical reports within one hundred
eighty days of the date the
department establishes for their
submission, the department shall not
disburse any payment of state
subsidy funds to which the county
otherwise is entitled pursuant
to section 5139.34 of the Revised
Code and shall not disburse
pursuant to
division (B)
of section 5139.41 of the Revised Code
the applicable allocation, and the state subsidy
funds
and the
remainder of
the applicable allocation shall revert to the
department. If a
juvenile court states in a monthly
statistical
report that the juvenile court adjudicated within a state fiscal
year five
hundred or more children to be delinquent children for
committing
acts that would be felonies if committed by adults and
if the department
determines that the data in the report may be
inaccurate, the juvenile
court shall have an independent auditor
or other qualified entity certify the
accuracy of
the data on a
date determined by the department.
(d) If the department requires the juvenile court and the
county to
participate in a fiscal monitoring program or
another
monitoring program that is conducted by the
department to ensure
compliance by the juvenile court and
the county with division (B)
of this section, the juvenile court and
the county shall
participate in the
program and fully comply with any guidelines
for the performance of audits
adopted by the department pursuant
to that program and all requests made by
the department pursuant
to that program for information necessary to reconcile
fiscal
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program
described in this
division
determines that the juvenile court or the county used
moneys in the county's
felony delinquent care and custody
fund for
expenses that are not authorized under division
(B) of this
section, within
forty-five days after the department notifies the
county of the
unauthorized expenditures, the county either shall
repay the amount of
the unauthorized expenditures from the county
general revenue fund to the state's general revenue
fund or shall
file a written appeal with the department. If an appeal is
timely
filed, the director of the department shall render a
decision on
the appeal and shall notify the appellant county or
its juvenile
court of that decision within forty-five days after
the date that
the appeal is filed. If the director denies an
appeal, the
county's fiscal agent shall repay the amount of the
unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund
within thirty days after receiving the
director's notification
of the appeal decision. If the county
fails to make the repayment within
that
thirty-day period
and if
the unauthorized expenditures pertain to moneys allocated under
sections 5139.41 to 5139.43 of the
Revised Code, the department
shall deduct the amount of
the
unauthorized expenditures from the
next
allocation of those moneys to the county in accordance
with
this section or from the
allocations that otherwise
would be made
under those sections to the county during the next state fiscal
year
in accordance with this section and shall return that
deducted
amount to the state's general revenue fund. If the county
fails
to make the repayment within that thirty-day period and if
the
unauthorized expenditures pertain to moneys granted pursuant
to
section 5139.34 of the Revised
Code, the department shall
deduct the amount of the unauthorized expenditures from the next
annual grant to the county pursuant to that section and shall
return that deducted amount to the state's general revenue
fund.
(C) The determination of which county a reduction of the
care and custody allocation will be charged against for a
particular youth
shall be made as outlined
below for all youths
who do not qualify as public safety beds.
The determination of
which county a reduction of the care
and custody allocation will
be charged against shall be made as
follows until each youth is
released:
(1) In the event of a commitment, the reduction shall be
charged
against the committing county.
(2) In the event of a recommitment, the reduction shall be
charged
against the original committing county until the
expiration of the
minimum period of institutionalization under the
original order of
commitment or until the date on which the youth
is admitted to the
department of youth services pursuant to the
order of
recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the
reduction
shall be charged against the county
that revokes the
youth's parole.
(D) A juvenile court is not precluded by its allocation
amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services
for care and custody in an institution or a community corrections
facility when the juvenile court determines that the commitment is
appropriate.
Sec. 5139.50. (A) The release authority of the department
of
youth services is hereby
created as a bureau in
the
department.
The release authority shall consist of five members
who are
appointed by the director of youth services and who have
the
qualifications specified in division
(B) of this section. The
members of the release authority shall
devote their full time to
the duties of the release
authority and shall neither seek nor
hold other public office. The members
shall be in the
unclassified
civil service.
(B) A person appointed as a member of the release
authority
shall have a bachelor's degree from an accredited
college or
university or equivalent relevant experience and shall have the
skills, training, or
experience necessary to analyze issues of
law, administration,
and public policy. The membership of the
release authority
shall represent, insofar as practicable, the
diversity found in
the children in the legal custody of the
department of youth
services.
In appointing the five members, the director shall ensure
that the appointments include all of the following:
(1) At least four members who have five or more years
of
experience in criminal justice, juvenile justice, or an equivalent
relevant
profession;
(2) At least one member who has experience in victim
services
or advocacy or who has been a victim of a crime or is a
family
member of a victim;
(3) At least one member who has experience in direct
care
services to delinquent children.
(C) The initial
appointments of members of the release
authority shall be for a
term of six years for the chairperson and
one member, a term of
four years for two members, and a term of
two years for one
member. Thereafter, members shall be appointed
for six-year
terms until the effective date of this amendment,
after which members shall be appointed for four-year terms. At the
conclusion of a term, a member shall
hold office
until the
appointment and qualification of the
member's
successor. The
director shall fill a vacancy occurring
before
the expiration of a
term for the remainder of that term
and, if a
member is on
extended leave or
disability status for
more
than thirty work
days, may appoint an interim member to
fulfill
the duties of that
member.
A member may be reappointed,
but a
member may serve no
more than two
consecutive terms
regardless of
the length of the
member's initial term. A
member
may be removed
for good
cause by
the director.
(D) The director of youth services
shall designate as
chairperson of the release authority one of
the members who has
experience in criminal justice, juvenile
justice, or an equivalent
relevant profession. The chairperson
shall be a managing officer
of the department,
shall supervise the members of the board and
the other staff in the bureau,
and shall perform all duties and
functions necessary
to
ensure that the release authority
discharges its responsibilities. The
chairperson
shall serve as
the official spokesperson for the release
authority.
(E) The release
authority shall do all of the following:
(1) Serve as the final and sole authority for making
decisions, in the interests of public safety and the children
involved, regarding the release and
discharge of all children
committed to the legal custody of the
department of youth
services, except children placed by a juvenile
court on judicial
release to court supervision or on judicial release
to
department
of youth services supervision,
children who have
not
completed a
prescribed minimum period of time or prescribed period
of time
in
a secure facility, or children who are required to
remain in a
secure
facility until they attain twenty-one years of
age;
(2) Establish written policies and procedures for conducting
reviews of the status for all youth in the custody of
the
department, setting or modifying dates of release and
discharge,
specifying the duration, terms, and
conditions of release to be
carried out in supervised release subject to the
addition of
additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code,
and giving a
child notice of all reviews;
(3) Maintain records of its official actions,
decisions,
orders, and hearing summaries and make the records
accessible in
accordance with division
(D) of section 5139.05 of the Revised
Code;
(4) Cooperate with public and private agencies,
communities,
private groups, and individuals for the development
and
improvement of its services;
(5) Collect, develop, and maintain statistical
information
regarding its services and decisions;
(6) Submit to the director an annual report that includes
a
description of the operations of the release authority, an
evaluation
of its effectiveness, recommendations for statutory,
budgetary,
or other changes necessary to improve its
effectiveness, and any
other information required by the director.
(F) The release
authority may do any of the following:
(1) Conduct inquiries, investigations, and reviews
and hold
hearings and other proceedings necessary to properly
discharge its
responsibilities;
(2) Issue subpoenas, enforceable in a court of law, to
compel
a person to appear, give testimony, or produce
documentary
information or other tangible items relating to a
matter under
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons
under
oath;
(4) Request assistance, services, and information from
a
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and
information from
the public agency in a reasonable period of time;
(5) Request from a public agency or any other entity that
provides or has provided services to a child committed to the
department's legal custody information to enable the release
authority to properly discharge its responsibilities with
respect
to that child and receive the information from the public agency
or
other entity in a reasonable period of time.
(G)
The
release authority may delegate responsibilities to
hearing
officers or other designated staff under the release
authority's
auspices. However, the release authority shall
not
delegate its authority
to
make final decisions regarding policy or
the release of a
child.
The release authority shall adopt a written policy and
procedures governing appeals
of its release and discharge
decisions.
(H) The legal staff
of the department of youth services
shall
provide assistance
to
the release authority in the
formulation of
policy and in its
handling of individual cases.
Sec. 5145.01. Courts shall impose sentences to a state
correctional institution
for felonies pursuant to sections 2929.13
and 2929.14 of the Revised Code. All prison terms may be ended in
the
manner
provided by law, but no prison term shall exceed the
maximum term provided for the felony of which the prisoner was
convicted as extended pursuant to section
2929.141, 2967.11, or
2967.28 of the Revised
Code.
If a prisoner is sentenced for two or more separate
felonies,
the prisoner's term of imprisonment shall run as a
concurrent
sentence, except if the consecutive sentence provisions of
sections 2929.14 and 2929.41 of the Revised
Code
apply. If
sentenced
consecutively, for the purposes of sections 5145.01 to
5145.27 of
the Revised Code, the prisoner shall be held to be
serving one
continuous term of imprisonment.
If a court imposes a sentence to a state correctional
institution for a
felony of the fourth or fifth degree, the
department of
rehabilitation and correction, notwithstanding the
court's
designation of a state correctional institution as the
place of service of the
sentence, may designate that the person
sentenced is to be housed in
a county, multicounty, municipal,
municipal-county, or
multicounty-municipal jail or workhouse if
authorized pursuant to
section 5120.161 of the Revised Code.
If, through oversight or otherwise, a person is
sentenced to
a state correctional
institution under a definite term for an
offense
for
which a definite term of imprisonment is not provided
by statute,
the sentence shall not thereby become void, but the
person shall
be subject to the liabilities of such sections and
receive the
benefits thereof, as if the person had been sentenced
in the manner
required by this section.
As used in this section, "prison term" has the same meaning
as
in
section 2929.01 of the Revised Code.
Sec. 5145.163. (A) As used in this section:
(1) "Customer model enterprise" means an enterprise conducted
under a federal prison industries enhancement certification
program in which a private party participates in the enterprise
only as a purchaser of goods and services.
(2) "Employer model enterprise" means an enterprise conducted
under a federal prison industries enhancement certification
program in which a private party participates in the enterprise as
an operator of the enterprise.
(3) "Injury" means a diagnosable injury to an inmate
supported by medical findings that it was sustained in the course
of and arose out of authorized work activity that was an integral
part of the inmate's participation in the Ohio penal industries
program.
(4)
"Inmate" includes means any person who is committed to a
detention facility, who is in the custody of the department of
rehabilitation and correction, and who is participating in an
approved assignment Ohio penal industries program that is under
the federal prison industries
enhancement certification program.
"Inmate" does not include a
prisoner confined within a detention
facility operated by
or for a
political subdivision.
(2)(5) "Federal prison industries enhancement certification
program" means the program authorized pursuant to 18 U.S.C. 1761.
(6) "Loss of earning capacity" means an impairment of the
body of an inmate to a degree that makes the inmate unable to
return to work activity under the Ohio penal industries program
and results in a reduction of compensation earned by the inmate at
the time the injury occurred.
(B) Private employers who purchase goods made by inmates
or
utilize inmate labor in the production of goods
under the
federal
prison industries enhancement certification
program Every inmate
shall
purchase and be solely responsible to provide covered by a
policy of disability
insurance for inmates participating in the
program to provide benefits for loss of earning capacity due to an
injury and for medical treatment of the injury following the
inmate's release from prison. If the enterprise for which the
inmate works is a customer model enterprise, Ohio penal industries
shall purchase the policy. If the enterprise for which the inmate
works is an employer model enterprise, the private participant
shall purchase the policy. The person required to purchase the
policy shall submit proof of coverage to the prison labor advisory
board before the enterprise begins operation.
(C) The policy of insurance required by this section shall
provide benefit payments for any inmate who sustains a compensable
injury while
participating in the program. The benefit payments
shall compensate the inmate for any
temporary or permanent loss
of
earning capacity that results from a compensable injury and is
present at the time of the inmate's release Within ninety days
after an inmate sustains an injury, the inmate may file a
disability claim with the person required to purchase the policy
of disability insurance. Upon the request of the insurer, the
inmate shall be medically examined, and the insurer shall
determine the inmate's entitlement to disability benefits based on
the medical examination. The inmate shall accept or reject an
award within thirty days after a determination of the inmate's
entitlement to the award. The If the inmate accepts the award, the
benefits
shall
be awarded paid upon the inmate's release from
prison by
parole
or
final discharge. The policy of insurance shall
provide
coverage
for injuries occurring during activities that
are
an
integral
part of the inmate's participation in the program
production. The
policy of insurance The amount of disability
benefits payable to the inmate shall be reduced by sick leave
benefits or other compensation for lost pay made by Ohio penal
industries to the inmate due to an injury that rendered the inmate
unable to work. An inmate shall not pay receive disability
benefits for
injuries occurring
as the result of a fight, assault,
horseplay, purposely self-inflicted injury, use of alcohol or
controlled substances, misuse of prescription drugs,
or other
activity
that is prohibited by the department's or
institution's
inmate
conduct rules or the work rules of the private participant
in the enterprise.
(D) Private employers shall submit to the prison labor
advisory board as a requirement for participation in the federal
prison industries enhancement certification program proof of
liability coverage that meets or exceeds the requirements set
forth in 18 U.S.C. 1761(c)(3).
(E) Inmates covered under this section are not employees
of
the department of rehabilitation and correction or the private
employer. Nothing in this section shall be construed as creating
a
contract for hire between the inmate and any other entity
participant in an enterprise.
(F) Any (E) An inmate participating in the federal prison
industries enhancement certification program is ineligible to
receive compensation or benefits under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code for any injury, death, or
occupational disease received in the course of, and arising out
of, participation in that the Ohio penal industries program. Any
claim for an
injury
arising from an inmate's participation in the
program is
specifically
excluded from the jurisdiction of the Ohio
bureau of
workers'
compensation and the industrial commission of
Ohio.
(G)(F) Any liability disability benefit awarded for any
injury award accepted by an inmate under this
provision section
shall be the inmate's exclusive remedy against the insurer, the
private
employer participant in an enterprise, and the state. If
an inmate rejects an award or a disability claim is denied, the
inmate may bring an action in the court of claims within the
appropriate period of limitations.
(H)(G) If any inmate awarded liability who is paid disability
benefits under this
provision section is recommitted to the
custody of the department of
rehabilitation and correction
reincarcerated, the benefits shall immediately
cease but shall
resume upon the inmate's subsequent parole or
discharge release
from incarceration.
Sec. 5149.06. (A)
One of the primary
duties of the
field
services section
is
to assist the counties in
developing their own
probation services
on either a single-county
or multiple-county
basis. The section,
within limits of
available personnel and
funds, may supervise
selected
probationers from local courts.
(B) The adult parole authority probation services fund
shall
be created in the state treasury. The fund shall consist
of all
moneys that are paid to the treasurer of any county under
section
2951.021 of the Revised Code for deposit into the
county's
probation services fund established under division
(A)(1) of
section 321.44 of the Revised Code and that
subsequently are
appropriated and transferred to the adult parole
authority
probation services fund under division (A)(2) of that
section.
The
chief of the adult parole authority, with the
approval of the
director of the department of rehabilitation and
correction, shall
use the money contained in the adult parole
authority probation
services fund for probation-related expenses
in the counties for
which the authority provides probation
services.
Probation-related
expenses may include specialized
staff, purchase
of equipment,
purchase of services,
reconciliation programs for
victims and
offenders, other
treatment programs, including alcohol
and drug
addiction programs
certified under section 3793.06 of the
Revised
Code, determined
to be appropriate by the chief of the
authority,
and other
similar probation-related expenses.
Section 2. That existing sections 9.06, 121.05, 124.11,
309.02,
321.44,
341.192, 1713.34, 2921.36, 2929.01, 2929.13,
2929.14,
2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36,
2943.032,
2949.12, 2951.021, 2951.041, 2953.08, 2953.13, 2967.03,
2967.05,
2967.12, 2967.121,
2967.141, 2967.15, 2967.26, 2967.28,
4507.51,
5120.52, 5120.63, 5120.66, 5139.02, 5139.18,
5139.281,
5139.31,
5139.36, 5139.38,
5139.41, 5139.43, 5139.50,
5145.01,
5145.163,
and 5149.06 and
section 2967.11 of the Revised
Code
is hereby
repealed.
Section 3. Section 5120.07 of the Revised Code is hereby
repealed, effective December 31, 2011.
Section 4. The items of law contained in this act, and their
applications, are severable. If any item of law contained in this
act, or if any application of any item of law contained in this
act, is held invalid, the invalidity does not affect other items
of law contained in this act and their applications that can be
given effect without the invalid item of law or application.
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