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H. B. No. 538 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 2743.191, 2929.13, 2929.15,
2929.23, 2929.25, 2967.28, 2971.03, and 2971.05
and to enact section 2967.29 of the Revised Code
to require the imposition at sentencing or upon
release from prison of lifetime active global
positioning system device monitoring for Tier III
sex offenders/child-victim offenders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2743.191, 2929.13, 2929.15, 2929.23,
2929.25, 2967.28, 2971.03, and 2971.05 be amended and section
2967.29 of the Revised Code be enacted to read as follows:
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of
the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) The costs of active global positioning system device
monitoring of an offender who is a tier III sex
offender/child-victim offender and who is indigent, under a
requirement imposed pursuant to division (L) of section 2929.13,
division (C) of section 2929.23, division (A)(5) or (B)(4) of
section 2971.03, or section 2967.29 of the Revised Code.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award 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
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation
is made by the general assembly pursuant to this
division, the
fund has sufficient unencumbered funds to pay the
award or part of
the award, the available funds shall be used to
pay the award or
part of the award, and the appropriation request
shall be amended
to request only sufficient funds to pay that
part
of the award
that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined
and all rights to appeal exhausted, except
as otherwise
provided
in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the
costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
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.
(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 or child-victim 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, in addition to imposing on the offender any penalty,
sanction, or other restriction or duty that is authorized or
required by law, the court may shall
require that the offender be
monitored by
means of a an active global
positioning system
device. If the court requires such
monitoring, during the entire
duration, as determined pursuant to division (B) of section
2950.07 of the Revised Code, of the offender's duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. The court shall include the requirement in the offender's
sentence and shall describe it in the summary required under
division (I) of this section. If the court sentences the offender
to a prison term or jail term, the court shall order that the
monitoring commence on the date of the offender's release from
prison or jail. If the court does not sentence the offender to a
prison term or jail term, the court shall order that the
monitoring commence on the date of entry of the judgment of
conviction of the sexually oriented offense or child-victim
oriented offense. The offender shall bear 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.
The court shall place the offender under the general control
and supervision of the adult parole authority for purposes of the
monitoring and the reporting to the court of a violation of the
monitoring requirement, including the offender's unauthorized
removal of the monitoring device. Divisions (A)(2)(b) and (B) of
section 2929.15 of the Revised Code apply to the monitoring
requirement as if it were a community control sanction imposed
upon an offender under that section. For all other purposes,
including the five-year duration limitation set forth in division
(A)(1) of section 2929.15 of the Revised Code, the monitoring
requirement shall not be considered to be a community control
sanction.
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. If the court is sentencing an
offender for a sexually oriented offense or child-victim oriented
offense and the offender is a tier III sex offender/child-victim
offender relative to that offense, no community control sanction
imposed upon the offender under this division shall interfere with
the mandatory active global positioning system device monitoring
of the offender required by division (L) of section 2929.13 of the
Revised Code.
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.
(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. 2929.23. (A)
If an offender is being sentenced for a
sexually oriented offense or child-victim oriented offense that is
a misdemeanor
committed on or
after
January 1, 1997, and the
offender is a
tier III sex
offender/child-victim offender
relative to the offense or the
offense is any offense listed in
division (D)(1) to (3) of section
2901.07 of the Revised Code,
the judge shall include in the
offender's sentence a
statement
that
the offender is a tier III sex
offender/child-victim
offender, shall comply with the
requirements
of section 2950.03
of
the
Revised Code, and shall
require the
offender to submit to
a
DNA specimen collection
procedure pursuant
to section 2901.07
of
the Revised Code.
(B)
If an offender is being sentenced for a sexually
oriented
offense or a child-victim oriented offense that is a
misdemeanor 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.
(C) At the time of sentencing an offender for any sexually
oriented offense or child-victim oriented offense that is a
misdemeanor, if the offender is a tier III sex
offender/child-victim offender relative to that offense, in
addition to imposing on the offender any penalty, sanction, or
other restriction or duty that is authorized or required by law,
the court shall require that the offender be monitored by means of
an active global positioning system device during the entire
duration, as determined pursuant to division (B) of section
2950.07 of the Revised Code, of the offender's duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. The court shall include the requirement in the offender's
sentence and shall describe it in the summary required under
division (B) of this section. If the court sentences the offender
to a jail term, the court shall order that the monitoring commence
on the date of the offender's release from jail. If the court does
not sentence the offender to a jail term, the court shall order
that the monitoring commence on the date of entry of the judgment
of conviction of the sexually oriented offense or child-victim
oriented offense. The offender shall bear the cost of monitoring.
If the offender is indigent, the crime victims reparations fund
shall pay the cost of compliance.
The court shall place the offender under the general control
and supervision of the adult parole authority for purposes of the
monitoring and the reporting to the court of a violation of the
monitoring requirement, including the offender's unauthorized
removal of the monitoring device. Divisions (C)(1) and (2) of
section 2929.25 of the Revised Code apply to the monitoring
requirement as if it were a community control sanction imposed
upon an offender under that section. For all other purposes,
including the five-year duration limitation set forth in division
(A)(2) of section 2929.25 of the Revised Code, the monitoring
requirement shall not be considered to be a community control
sanction.
Sec. 2929.25. (A)(1)
Except as provided in sections 2929.22
and 2929.23 of the Revised Code or when a jail term is required by
law, in sentencing an offender for a
misdemeanor, other than a
minor misdemeanor,
the
sentencing court
may do either of the
following:
(a) Directly impose a sentence that consists of one or more
community control sanctions authorized by section 2929.26,
2929.27, or
2929.28 of the Revised Code. The court may impose any
other conditions of release under a community control sanction
that the court considers appropriate.
If the court
imposes a jail
term upon the offender, the court may
impose any
community
control
sanction or combination of community
control
sanctions in addition
to
the
jail term. If the court is sentencing an offender for a
sexually oriented offense or child-victim oriented offense and the
offender is a tier III sex offender/child-victim offender relative
to that offense, no community control sanction imposed upon the
offender under this division shall interfere with the mandatory
active global positioning system device monitoring of the offender
required by division (C) of section 2929.23 of the Revised Code.
(b) Impose a jail term under section 2929.24 of the Revised
Code from the range of jail terms authorized under that section
for the offense,
suspend
all or a portion of the jail term
imposed, and place
the offender under a
community control sanction
or combination of
community control sanctions
authorized under
section 2929.26,
2929.27, or 2929.28 of the
Revised Code.
(2) The duration of all community control sanctions
imposed
upon an offender and in effect for an offender at any time shall
not exceed five years.
(3) At sentencing, if a court directly imposes a community
control sanction or combination of community control sanctions
pursuant to division (A)(1)(a) of this
section, the court shall
state the duration of the community control sanctions
imposed and
shall notify the offender that if any of the conditions of the
community control sanctions are violated the court may do any of
the
following:
(a) Impose a longer time under the same community control
sanction if the total
time under all of the offender's community
control sanctions does not exceed
the five-year limit specified in
division (A)(2) of this section;
(b)
Impose a more restrictive community control sanction
under
section 2929.26,
2929.27, or 2929.28 of the Revised Code,
but the court is
not
required to impose any particular sanction or
sanctions;
(c) Impose a definite jail term from the range of jail terms
authorized for the offense under section 2929.24 of the Revised
Code.
(B)(1) If a court sentences an offender to any community
control
sanction or combination of community control sanctions
authorized
under section 2929.26, 2929.27, or 2929.28 of the
Revised
Code, the
court shall place the offender under the general
control and
supervision of the court or of a department of
probation in the
jurisdiction that serves the court for purposes
of reporting to
the court a violation of any of the conditions of
the sanctions
imposed. If the offender resides in another
jurisdiction and a
department of probation has been established to
serve the
municipal court or county court in that jurisdiction,
the sentencing court may
request the municipal court or the county
court to receive the offender into
the general control and
supervision of that department of
probation for purposes of
reporting to the sentencing court a violation of
any of the
conditions of the sanctions imposed. The sentencing
court retains
jurisdiction over any offender whom it sentences for
the duration
of the sanction or sanctions imposed.
(2) The sentencing court shall require as a condition of any
community
control sanction that the offender abide by the law and
not leave the state
without the permission
of the court or the
offender's probation officer. In the
interests of doing justice,
rehabilitating the offender, and
ensuring the offender's good
behavior, the court may impose
additional requirements on the
offender. The offender's compliance with the
additional
requirements also shall be a condition of the community
control
sanction imposed upon the offender.
(C)(1) If the court imposing sentence upon an offender
sentences
the offender to any community control sanction or
combination of community
control sanctions authorized under
section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if
the offender
violates any of the conditions of the sanctions, the
public or
private person or entity that supervises or administers
the
program or activity that comprises the sanction shall report
the
violation directly to the sentencing court or to the
department of probation
or probation officer with general control
and
supervision over the offender. If the public or private
person
or
entity reports the violation to the department of
probation or
probation
officer, the department or
officer shall
report the
violation to the sentencing court.
(2) If an offender violates any condition of a community
control sanction,
the sentencing court may impose upon the
violator a longer time under the same
community control sanction
if the total time under all of the community
control
sanctions
imposed on the violator does not exceed the five-year limit
specified in division
(A)(2) of this section or may impose on the
violator a more
restrictive
community control sanction or
combination of community control sanctions,
including a jail term.
If the court imposes a jail term upon a violator
pursuant
to this
division, the total time spent in jail for the misdemeanor
offense
and the violation of a condition of the community control sanction
shall not
exceed the maximum jail term available for the offense
for which
the sanction that was violated was imposed. The court
may reduce
the longer period of time that the violator is required
to spend
under the longer sanction or the more restrictive
sanction by all
or part of the time the violator successfully
spent under the
sanction that was initially imposed.
(D) Except as otherwise provided in this division, if an
offender, for a significant period of time, fulfills the
conditions of a community control sanction imposed pursuant to
section 2929.26, 2929.27, or 2929.28 of the Revised Code in
an
exemplary manner, the court may reduce the period of time under
the community
control sanction or impose a less restrictive
community control sanction.
Fulfilling the conditions of a
community control sanction
does not relieve the offender of a duty
to make restitution under
section 2929.28 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.
(D)(1) Before the prisoner is released from
imprisonment,
the
parole board
shall impose upon a prisoner
described in
division
(B) of this section, may impose
upon a prisoner described
in
division (C) of this
section, and shall impose upon a prisoner
described in division
(B)(2)(b) of section 5120.031 or in division
(B)(1) of section 5120.032 of the Revised
Code, one or more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board
imposes one or
more post-release control sanctions upon a prisoner, the board,
in
addition to imposing the sanctions, also shall include as a
condition of
the post-release control that the individual or felon
not
leave the state without permission of the court or the
individual's or felon's
parole or probation officer and that the
individual or felon abide by the
law. The board may impose any
other
conditions of release under a post-release control sanction
that the board
considers appropriate, and the conditions of
release may include any
community residential sanction, community
nonresidential sanction, or
financial sanction that the sentencing
court was authorized to impose pursuant
to sections 2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the release of
a prisoner for whom it will impose one or more post-release
control sanctions under this division, the parole board shall
review the
prisoner's
criminal history, all
juvenile court
adjudications finding the prisoner, while a juvenile, to be a
delinquent child, and the record of the prisoner's conduct while
imprisoned. The parole board shall consider any recommendation
regarding
post-release control sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board shall
determine, for a prisoner described in
division (B) of
this section, division (B)(2)(b) of
section
5120.031, or division (B)(1) of section 5120.032
of the Revised
Code, which post-release control
sanction or combination of
post-release control sanctions is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control sanction is necessary and,
if so, which post-release
control sanction or combination of
post-release control sanctions
is reasonable under the
circumstances. In the case of a prisoner convicted of
a felony of
the fourth
or fifth degree other than a felony sex offense, the
board shall presume that
monitored time is the appropriate
post-release control sanction unless the
board determines that a
more restrictive sanction is
warranted. A post-release control
sanction imposed under this
division takes effect upon the
prisoner's release from
imprisonment.
Regardless of whether the prisoner was sentenced to the
prison term prior to, on, or after the effective date of this
amendment 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.
If the court is sentencing an offender for a sexually
oriented offense or child-victim oriented offense and the offender
is a tier III sex offender/child-victim offender relative to that
offense, no community control sanction imposed upon the offender
under this division shall interfere with the mandatory active
global positioning system device monitoring of the offender
required by division (L) of section 2929.13 of the Revised Code.
(2) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority may
review
the releasee's behavior under the post-release control
sanctions
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the
standards
established under division (E) of this section, that a
more
restrictive or a
less restrictive sanction is appropriate and
may impose a
different sanction. Unless the period of
post-release
control was imposed for
an offense described in
division (B)(1) of
this section, the
authority also may recommend
that the parole
board reduce the
duration of the period of
post-release control
imposed by the
court. If the authority
recommends that the board
reduce the duration of control for an
offense described in
division
(B)(2), (B)(3), or (C) of this
section, the board
shall
review the
releasee's behavior and may
reduce the duration of the
period of
control imposed by the court.
In no case shall the board
reduce the duration
of the period of
control imposed by the court
for an offense described in
division
(B)(1) of this section, and
in no case shall the board
permit the
releasee to leave the
state
without permission of the court or the
releasee's parole or
probation
officer.
(E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following:
(1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees;
(2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control;
(3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions;
(4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section;
(5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following:
(a) Classify violations according to the degree of
seriousness;
(b) Define the circumstances under which formal
action by
the
parole board is warranted;
(c) Govern the use of evidence at violation hearings;
(d) Ensure procedural due process to an alleged violator;
(e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations;
(f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control.
(F)(1) Whenever the parole board imposes one or more
post-release control sanctions upon an
offender under
this
section,
the offender upon release from
imprisonment shall be
under the general
jurisdiction of the
adult
parole authority and
generally shall be supervised by the
field services section
through its staff of parole and
field
officers
as described in
section 5149.04 of the Revised
Code, as if the
offender had been
placed on parole. If the
offender upon release
from imprisonment
violates the
post-release
control sanction or
any
conditions
described in
division (A) of
section 2967.131 of
the Revised Code
that are imposed on
the
offender, the public or
private
person or
entity that
operates or
administers the sanction
or the program or
activity
that comprises
the sanction shall
report the violation
directly
to the adult
parole authority or to
the officer of the
authority
who supervises
the offender. The
authority's officers
may treat
the offender as
if the offender
were on parole and in
violation of the
parole, and
otherwise shall
comply with this
section.
(2) If the adult parole authority determines that a
releasee
has violated a post-release control sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a more restrictive sanction is
appropriate,
the authority may impose a more restrictive sanction
upon the
releasee, in accordance with the standards established
under
division (E) of this section,
or may report the violation to
the parole board for a hearing
pursuant to division (F)(3) of
this
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control or
impose as a post-release control sanction a
residential sanction
that includes a prison term,
but the authority may impose on the
releasee any other residential
sanction, nonresidential sanction,
or financial sanction that the sentencing
court was authorized to
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised Code.
(3) The parole board may hold a hearing on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section 2967.131 of the
Revised Code that are imposed upon the
releasee. If after the
hearing the
board finds that
the releasee violated the sanction or
condition, the board
may increase the
duration of the releasee's
post-release control up to the maximum
duration authorized by
division (B) or (C) of
this section or impose a more restrictive
post-release control
sanction.
When appropriate, the board may
impose as a
post-release control sanction a residential sanction
that
includes a prison term.
The board shall consider a prison
term as a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
The period of a prison term that
is
imposed as a post-release
control sanction under this division shall not
exceed nine months,
and the maximum cumulative prison term for all
violations under
this division shall not exceed one-half
of the stated prison
term
originally imposed upon the offender as part of this sentence.
The
period of a prison term that is imposed as a
post-release
control
sanction under this division shall not count as, or be
credited
toward, the remaining period of post-release control.
If an offender is imprisoned for a felony committed while
under post-release control supervision and is again released on
post-release control for a period of time determined by division
(F)(4)(d) of this section, the maximum cumulative prison term for
all violations under this division shall not exceed one-half of
the total stated prison terms of the earlier felony, reduced by
any prison term administratively imposed by the parole board, plus
one-half of the total stated prison term of the new felony.
(4)
Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving
an
indefinite prison term or a life sentence in addition
to a
stated prison term,
the offender shall serve the period of
post-release control in the following
manner:
(a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive
credit for post-release control
supervision during the
period of
parole. The offender is not eligible for
final release
under
section 2967.16 of the Revised Code until
the post-release
control
period
otherwise would have ended.
(b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period.
(c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board. Periods of
post-release control shall be
served concurrently and shall not be
imposed consecutively to each other.
(d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board.
Sec. 2967.29. If a prisoner is serving a prison term for a
sexually oriented offense or child-victim oriented offense, if the
prisoner is a tier III sex offender/child-victim offender relative
to that offense, and if the prisoner's sentence does not include a
requirement imposed on or after the effective date of this section
pursuant to division (L) of section 2929.13 or division (C) of
section 2929.23 of the Revised Code that the prisoner be monitored
by means of an active global positioning system device, before the
prisoner is released from imprisonment, the parole board shall
impose upon the prisoner a requirement that the prisoner be
monitored by means of an active global positioning system device
during the entire duration, as determined pursuant to division (B)
of section 2950.07 of the Revised Code, of the prisoner's duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code. The monitoring shall commence upon the
prisoner's release from imprisonment. The prisoner shall bear the
cost of monitoring. If the prisoner is indigent, the crime victims
reparations fund shall pay the cost of compliance. The monitoring
requirement shall be in addition to, and independent of, any
post-release control sanction imposed on the offender under
section 2967.28 of the Revised Code.
The prisoner upon release from imprisonment shall be under
the general control and supervision of the adult parole authority
for purposes of the monitoring and the reporting of a violation of
the monitoring requirement, including the offender's unauthorized
removal of the monitoring device. Divisions (F)(1) to (3) of
section 2967.28 of the Revised Code apply to the monitoring
requirement as if it were a post-release control sanction imposed
upon an offender under that section. For all other purposes,
including the duration limitations set forth in divisions (B)(1)
to (3) of section 2967.28 of the Revised Code, the monitoring
requirement shall not be considered to be a post-release control
sanction.
The monitoring requirement imposed by this section is an
adjunct to the registration duties and other duties imposed on sex
offenders and child-victim offenders under sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code and is imposed
for the additional protection of members of the public from the
risks of engaging in future criminal activity that is posed by
those offenders.
Sec. 2971.03. (A) Notwithstanding divisions (A),
(B), (C),
and (F) of section 2929.14, section
2929.02, 2929.03, 2929.06,
2929.13, or another section of the
Revised Code, other than
divisions (D) and
(E) of section 2929.14 of the Revised Code, that
authorizes or
requires a specified prison term or a mandatory
prison term
for a person who is convicted of or pleads guilty
to a
felony or that specifies the manner and place of service of
a
prison term or term of imprisonment, the court shall
impose a
sentence upon a person who is convicted of or pleads
guilty to a
violent sex offense and who also is convicted of or
pleads guilty
to a sexually violent predator specification that
was included in
the indictment, count in the indictment, or
information charging
that offense, and upon a person who 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 offense, as follows:
(1) If the offense for which the sentence is being imposed is
aggravated murder and if the court does not
impose upon the
offender a sentence of death, it shall impose
upon the offender a
term of life imprisonment without
parole. If the court sentences
the offender to death and
the sentence of death is vacated,
overturned, or otherwise set aside,
the court shall impose upon
the offender a term of life
imprisonment without parole.
(2) If the offense for which the sentence is being imposed is
murder; or if the offense is rape committed in violation of
division (A)(1)(b) of section 2907.02 of the Revised Code when the
offender purposely compelled the victim to submit by force or
threat of force, when the victim was less than ten years of age,
when the offender previously has been convicted of or pleaded
guilty to either rape committed in violation of that division or a
violation of an existing or former law of this state, another
state, or the United States that is substantially similar to
division (A)(1)(b) of section 2907.02 of the Revised Code, or when
the offender during or immediately after the commission of the
rape caused serious physical harm to the victim; or if the offense
is an offense other than aggravated murder or
murder for which a
term of life imprisonment may be imposed, it shall impose
upon the
offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b),
(c), (d), or (e) or (A)(4) of this
section, if the offense for
which the sentence is being imposed is an offense other than
aggravated murder, murder, or rape and other than
an offense for
which a term of life imprisonment may be imposed, it shall
impose
an
indefinite prison term consisting of a minimum term
fixed by
the court from among the range of terms available as a
definite
term for the offense, but not less than two years, and a maximum
term
of life imprisonment.
(b) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the first degree, it shall impose
an
indefinite prison term as follows:
(i) If the kidnapping is committed on or after the effective
date of this amendment January 1, 2008, and the victim of the
offense is less than
thirteen years of age, except as otherwise
provided in this
division, it shall impose an indefinite prison
term consisting of
a minimum term of fifteen years and a maximum
term of life
imprisonment. If the kidnapping is committed on or
after the
effective date of this amendment January 1, 2008, the
victim of the offense is
less than thirteen years of age, and the
offender released the
victim in a safe place unharmed, it shall
impose an indefinite
prison term consisting of a minimum term of
ten years and a
maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to the effective
date of this amendment January 1, 2008, or division (A)(3)(b)(i)
of this section
does not apply, it shall impose an indefinite
term consisting of a
minimum term fixed by the court that is not
less
than ten years
and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
kidnapping that is a felony of the second degree, it shall impose
an indefinite prison term consisting of a minimum term fixed by
the court that is not less than eight years, and a maximum term of
life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is
rape for which a term of life
imprisonment is not imposed under
division (A)(2) of this section or division (B) of section 2907.02
of the Revised Code, it shall impose an indefinite prison term as
follows:
(i) If the rape is committed on or after January 2, 2007, in
violation of division
(A)(1)(b) of section 2907.02 of the Revised
Code, it shall impose
an indefinite prison term consisting of a
minimum term of
twenty-five years and a maximum term of life
imprisonment.
(ii) If the rape is committed prior to January 2, 2007, or
the rape is committed on or
after January 2, 2007, other
than in
violation of division (A)(1)(b) of section 2907.02 of the
Revised
Code, it shall impose an indefinite prison term consisting
of a
minimum term fixed by the court that is not less than ten
years,
and a maximum term of
life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this
section, if the offense for which sentence is being imposed is
attempted rape, it shall impose an indefinite prison term as
follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii),
(iii), or (iv) of this section, it shall impose an indefinite
prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1418 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of five years
and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1419 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of ten years
and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being
imposed was committed on or after January 2, 2007, and if the
offender also is convicted
of or pleads guilty to a specification
of the type described in
section 2941.1420 of the Revised Code,
it shall impose an
indefinite prison term consisting of a minimum
term of fifteen
years and a maximum of life imprisonment.
(4) For any offense for which the sentence is being imposed,
if the offender previously has been convicted of or
pleaded guilty
to a violent sex offense and also to a sexually violent
predator
specification that was included in the indictment, count in the
indictment, or information charging that offense, or previously
has been convicted of or pleaded guilty to a designated homicide,
assault, or kidnapping offense and also 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 offense, it shall impose
upon the
offender a term of life imprisonment without parole.
(5) If the offense for which sentence is being imposed is a
sexually oriented offense and the offender is a tier III sex
offender/child-victim offender relative to that offense, the court
shall include in the sentence imposed on the offender a
requirement of the type described in division (L) of section
2929.13 of the Revised Code.
(B)(1) Notwithstanding section 2929.13, division (A), (B),
(C), or (F) of section 2929.14, or another section of the Revised
Code other than division (B) of section 2907.02 or divisions (D)
and (E) of section 2929.14 of the Revised Code that authorizes or
requires a specified prison term or a mandatory prison term for a
person who is convicted of or pleads guilty to a felony or that
specifies the manner and place of service of a prison term or term
of imprisonment, if 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, if division (A) of
this section does not apply
regarding the person, and if 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, the court shall impose upon
the person an
indefinite prison term consisting of one of the
following:
(a) Except as otherwise required in division (B)(1)(b) or (c)
of this section, a minimum term of ten years and a maximum term of
life imprisonment.
(b) If the victim was less than ten years of age, a minimum
term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by
force or threat of force, or if the offender previously has been
convicted of or pleaded guilty to violating division (A)(1)(b) of
section 2907.02 of the Revised Code or to violating an existing or
former law of this state, another state, or the United States that
is substantially similar to division (A)(1)(b) of that section, or
if the offender during or immediately after the commission of the
offense caused serious physical harm to the victim, a minimum term
of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A), (B), (C),
or (F) of section 2929.14, or another section of the Revised Code
other than divisions (D) and (E) of section 2929.14 of the Revised
Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of
service of a prison term or term of imprisonment and except as
otherwise provided in division (B) of section 2907.02 of the
Revised Code, if a person is convicted of or pleads guilty to
attempted rape committed on or after January 2, 2007, and if
division (A) of this section
does not apply regarding the person,
the court shall impose upon
the person an indefinite prison term
consisting of one of the
following:
(a) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of five years and a
maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1419 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of ten years and a
maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a
specification of the type described in section 2941.1420 of the
Revised Code, the court shall impose upon the person an indefinite
prison term consisting of a minimum term of fifteen years and a
maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A), (B), (C),
or (F) of section 2929.14, or another section of the Revised Code
other than divisions (D) and (E) of section 2929.14 of the Revised
Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of
service of a prison term or term of imprisonment, if a person is
convicted of or pleads guilty to an offense described in division
(B)(3)(a), (b), (c), or (d) of this section committed on or after
the effective date of this amendment January 1, 2008, if the
person also is
convicted of or pleads guilty to a sexual
motivation specification
that was included in the indictment,
count in the indictment, or
information charging that offense,
and if division (A) of this
section does not apply regarding the
person, the court shall
impose upon the person an indefinite
prison term consisting of one
of the following:
(a) An indefinite prison term consisting of a minimum of ten
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is kidnapping, the victim of
the offense is less than thirteen years of age, and the offender
released the victim in a safe place unharmed;
(b) An indefinite prison term consisting of a minimum of
fifteen years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is kidnapping when
the victim of the offense is less than thirteen years of age and
division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty
years and a maximum term of life imprisonment if the offense for
which the sentence is being imposed is aggravated murder, when the
victim of the offense is less than thirteen years of age, a
sentence of death or life imprisonment without parole is not
imposed for the offense, 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 that the sentence for the offense be imposed pursuant to
this division;
(d) An indefinite prison term consisting of a minimum of
thirty years and a maximum term of life imprisonment if the
offense for which the sentence is being imposed is murder when the
victim of the offense is less than thirteen years of age.
(4) If the offense for which sentence is being imposed under
division (B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a),
(b), (c), or (d) of this section is a sexually oriented offense
and the offender is a tier III sex offender/child-victim offender
relative to that offense, the court shall include in the sentence
imposed on the offender a requirement of the type described in
division (L) of section 2929.13 of the Revised Code.
(C)(1) If the offender is sentenced to 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 this
section, the parole
board shall have control over the offender's
service of the term
during the entire term unless the parole
board terminates its
control in accordance with section 2971.04
of the Revised Code.
(2) Except as provided in division (C)(3) of
this section, an
offender sentenced to a prison term or term of life
imprisonment
without parole pursuant to division (A) of this section
shall
serve the entire prison term or term of life imprisonment in a
state
correctional institution. The offender is not eligible for
judicial release
under section 2929.20 of the Revised Code.
(3) For a prison term imposed 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 this
section, the court, in accordance with section
2971.05 of the Revised Code,
may terminate the prison term or
modify the requirement that the offender
serve the entire term in
a state correctional institution
if all of the following apply:
(a) The offender has served at least the
minimum term imposed
as part of that prison term.
(b) The parole board, pursuant to section
2971.04 of the
Revised Code, has terminated its
control over the offender's
service of that prison term.
(c) The court has held a hearing and found, by clear and
convincing evidence, one of the following:
(i) In the case of termination of the prison term,
that the
offender is unlikely to commit a sexually violent
offense in the
future;
(ii) In the case of modification of the requirement, that the
offender does not represent a substantial risk of physical
harm to
others.
(4) An offender who has been sentenced to a term of life
imprisonment
without parole pursuant to division (A)(1), (2), or
(4) of this
section shall not be released from the
term of life
imprisonment or be permitted to serve a
portion of it in a place
other than a state correctional
institution.
(D) If a court sentences an offender
to a prison term or term
of life imprisonment without parole pursuant to
division (A) of
this section and the court also imposes on the offender one or
more additional prison terms pursuant to division
(D) of section
2929.14 of the Revised Code, all of the additional prison terms
shall be served consecutively with, and prior to,
the prison term
or term of life imprisonment without parole imposed upon the
offender pursuant to division (A) of this section.
(E) If the offender is convicted of or
pleads guilty to two
or more offenses for which a prison term or term of life
imprisonment without parole is
required to be imposed pursuant to
division (A) of this
section, divisions (A) to (D) of this section
shall be applied for each offense. All minimum terms
imposed upon
the offender pursuant to division
(A)(3) or (B) of this section
for those offenses shall be
aggregated and served consecutively,
as if they were a single
minimum term imposed under that division.
(F)(1) If an offender 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
offense, or 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
offense, the conviction of or plea of guilty to the offense and
the sexually violent predator
specification automatically
classifies the offender as a tier III sex
offender/child-victim
offender for purposes of Chapter 2950. of
the Revised Code.
(2) If an offender is convicted of or pleads guilty to
committing on or after
January 2, 2007, a violation of division
(A)(1)(b) of section
2907.02 of the Revised Code and either the
offender is sentenced
under section 2971.03 of the Revised Code
or a sentence of life
without parole is imposed under division
(B) of section 2907.02 of
the Revised Code, the conviction of or
plea of guilty to the
offense automatically classifies the
offender as a
tier III sex offender/child-victim offender for
purposes of
Chapter 2950. of the Revised Code.
(3) If a person is convicted of or pleads guilty to
committing on or after
January 2, 2007, attempted rape and also
is convicted of or pleads
guilty to a specification of the type
described in section
2941.1418, 2941.1419, or 2941.1420 of the
Revised Code, the
conviction of or plea of guilty to the offense
and the
specification automatically classify the offender as a
tier III sex offender/child-victim offender for purposes
of
Chapter 2950. of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of
the offenses described in division (B)(3)(a), (b), (c), or (d) of
this section and a sexual motivation specification related to the
offense and the victim of the offense is less than thirteen years
of age, the conviction of or plea of guilty to the offense
automatically classifies the offender as a tier III sex
offender/child-victim offender for purposes of Chapter 2950. of
the Revised Code.
Sec. 2971.05. (A)(1) After control over an offender's
service
of a prison term imposed 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 has been
transferred pursuant to section 2971.04 of the Revised Code to the
court, the
court shall
schedule, within thirty
days of any of the
following, a hearing on whether to modify in accordance
with
division (C) of this section the requirement that the offender
serve
the entire prison term in a state correctional
institution
or to terminate the
prison term in
accordance with division (D) of
this section:
(a) Control over the offender's service of a prison term
is
transferred pursuant to section 2971.04 of the Revised Code to the
court,
and no hearing
to modify the
requirement has been held;
(b) Two years elapse after the most recent prior hearing held
pursuant to division (A)(1) or (2) of this section;
(c) The prosecuting attorney, the department of
rehabilitation
and
correction, or the adult parole authority
requests the hearing, and recommends
that the requirement be
modified or that the offender's prison
term be terminated.
(2) After control over the offender's service of a prison
term
has been transferred pursuant to section 2971.04 of the
Revised Code to the court, the court,
within thirty days of either
of the following, shall conduct a hearing on
whether
to modify in
accordance with division (C) of this section the
requirement that
the offender serve the entire prison term in a state
correctional
institution, whether to continue, revise, or revoke an existing
modification
of
that requirement, or whether to terminate the term
in accordance with division
(D)
of this section:
(a) The requirement that the offender serve the entire prison
term in a state correctional institution has been modified, and
the offender
is taken into custody for any reason.
(b) The
department of rehabilitation and correction or the
prosecuting attorney
notifies the court pursuant to section
2971.06 of the Revised Code regarding a known or
suspected
violation of a term or condition of the
modification or a belief
that there is a substantial likelihood that the
offender has
committed or is about to commit a sexually violent offense.
(3) After control over the offender's service of a prison
term
has been transferred pursuant to section 2971.04 of the
Revised Code to the court, the court,
in any of the following
circumstances, may conduct a hearing within thirty
days to
determine whether to modify in accordance with division (C)
of
this section the requirement that the offender serve the entire
prison term
in a state correctional institution, whether to
continue, revise, or revoke an
existing modification of that
requirement, or whether to terminate the
sentence in accordance
with division (D) of this section:
(a) The offender requests the hearing;
(b) Upon the court's own motion;
(c) One or more examiners who have conducted a psychological
examination and assessment of the offender file a statement that
states that
there no longer is a likelihood that the offender will
engage in the future in
a sexually violent offense.
(B)(1) Before a court holds a hearing pursuant to division
(A) of this section, the court shall provide notice of the date,
time,
place, and purpose of the hearing to the offender, the
prosecuting attorney,
the department of rehabilitation and
correction, and the adult parole
authority
and shall request the
department to prepare
pursuant to section 5120.61 of the Revised
Code an update of the most recent risk assessment
and report
relative to the offender.
The offender
has the right to be
present at any hearing held under this section.
At the hearing,
the
offender and the prosecuting attorney may make a statement
and
present evidence as to whether the requirement that the offender
serve the entire prison term in a state correctional institution
should
or should not be modified, whether the existing
modification of the
requirement should be continued, revised, or
revoked, and whether the prison
term should or should not be
terminated.
(2) At a hearing held pursuant to division (A) of this
section,
the court may and, if the hearing is held pursuant to
division
(A)(1)(a), (1)(b), or (3)(c)
of this section, shall
determine by clear and convincing evidence whether
the offender is
unlikely to commit a sexually violent
offense in the future.
(3) At the conclusion of the hearing held pursuant to
division
(A)
of this section, the court may order that the
requirement that the offender
serve the entire prison term in a
state correctional institution be continued,
that the requirement
be modified pursuant to division (C) of this
section, that an
existing modification be continued, revised, or revoked
pursuant
to division (C) of this section, or that the prison term be
terminated pursuant to division (D) of this section.
(C)(1) If, at the conclusion of a hearing held pursuant to
division
(A) of this section, the court determines by clear and
convincing
evidence that the offender will not represent a
substantial
risk of physical harm to others, the court may modify
the requirement that the
offender serve the entire 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 in a state correctional institution in
a
manner
that the court considers appropriate. If the court
modifies the
requirement for an offender whose prison term was
imposed
pursuant to division (A)(3) of section 2971.03 of the
Revised
Code, the court shall order the adult parole authority to
supervise the offender and shall require that the authority's
supervision of the offender be pursuant to division (E) of this
section. If the court modifies the requirement for an offender
whose prison term was imposed pursuant to division (B)(1)(a), (b),
or (c), (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code, the court shall order the
adult parole authority to supervise the offender and may require
that the authority's supervision of the offender be pursuant to
division (E) of this section.
(2) The modification of the requirement does not terminate
the prison term
but serves
only to suspend the requirement that
the offender serve the entire term in a
state correctional
institution. The prison term shall remain in
effect for the
offender's entire life unless the court terminates the prison
term
pursuant to division (D) of this section. The offender shall
remain under the jurisdiction of the court for the offender's
entire life
unless the court so terminates the prison term. The
modification of the
requirement does not terminate affect the
classification of the offender, as described in division
(F) of
section 2971.03 of the Revised Code, as a sexual predator tier III
sex offender/child-victim offender for
purposes of Chapter 2950.
of the Revised Code, and the offender is
subject to supervision,
including supervision under division (E)
of this section if the
court required the supervision of the
offender to be pursuant to
that division.
(3) If the court revokes the modification under
consideration, the court
shall order that the offender be returned
to the custody of the department of
rehabilitation and correction
to continue serving the prison term to which the
modification
applied, and section 2971.06 of the Revised Code applies regarding
the offender.
(D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may
terminate
the offender's 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, subject
to the offender
satisfactorily
completing the period of
conditional release required by this division and, if applicable,
compliance with division (E) of this section. If
the court
terminates the prison term, the court shall place the offender on
conditional release for five years, notify the adult parole
authority of its
determination and of the termination of the
prison term, and order the adult
parole authority to supervise the
offender during the five-year period of
conditional release or, if
division (E) applies to the offender, to supervise the offender
pursuant to and for the period of time specified in that division.
If the court terminates the prison term for an offender whose
prison term was imposed pursuant to division (A)(3) of section
2971.03 of the Revised Code, the court shall require that the
authority's supervision of the offender be pursuant to division
(E) of this section. If the court terminates the prison term for
an offender whose prison term was imposed pursuant to division
(B)(1)(a), (b), or (c), (2)(a), (b), or (c), or (3)(a), (b),
(c),
or (d) of section 2971.03 of the Revised Code, the court may
require that the authority's supervision of the offender be
pursuant to division (E) of this section. Upon receipt of a notice
from a court pursuant to this
division, the
adult parole authority
shall supervise the offender who is the subject of the
notice
during the five-year period of conditional release, periodically
notify
the court of the offender's activities
during that
five-year period of conditional release, and file with the court
no later than thirty days prior to the expiration of the five-year
period of
conditional release a written recommendation as to
whether the termination of
the offender's prison term should be
finalized, whether the period of
conditional release should be
extended, or whether another type of action
authorized pursuant to
this chapter should be taken.
(2) Upon receipt of a recommendation of the adult parole
authority filed
pursuant to division (D)(1) of this section, the
court shall hold a
hearing to determine whether to finalize the
termination of the offender's
prison term, to
extend the period of
conditional release, or to take another
type of action authorized
pursuant to this chapter. The court shall hold the
hearing no
later than the date on which the five-year period of conditional
release terminates and shall provide notice of the date, time,
place, and
purpose of the hearing to the offender and to the
prosecuting attorney. At
the hearing, the offender, the
prosecuting attorney, and the adult
parole authority employee who
supervised the offender during the period of
conditional release
may make a statement and present evidence.
If the court determines at the hearing to extend an
offender's period of conditional
release, it may do so for
additional periods of one year in the same manner
as the original
period of conditional release, and, except as otherwise
described
in this division, all procedures and requirements that applied to
the original period of conditional release apply to the additional
period of
extended conditional release unless the court modifies a
procedure or
requirement. If an offender's period of conditional
release is extended as
described in this division, all references
to a five-year period of
conditional release that are contained in
division (D)(1) of this
section shall be construed, in applying
the provisions of that division to the
extension, as being
references to the one-year period of the extension of the
conditional release.
If the court determines at the hearing to take another type
of action authorized pursuant
to this chapter, it may do so in the
same manner as if the action had been
taken at any other stage of
the proceedings under this chapter.
As used in this division,
"another type of action" includes the revocation of
the
conditional release and the return of the offender to a state
correctional
institution to continue to serve the prison term.
If the court determines at the hearing to finalize the
termination of the offender's
prison term,
it shall notify the
department of rehabilitation and
correction, the department shall
enter into its records a final release and
issue to the offender a
certificate of final release, and the prison term
thereafter shall
be considered completed and terminated in every
way.
(3) The termination of an offender's prison term pursuant to
division (D)(1) or (2) of this
section does not affect the
classification of the
offender, as described in division
(F) of
section 2971.03 of the Revised Code, as a tier III
sex
offender/child-victim offender for
purposes of Chapter 2950.
of
the Revised Code, does not terminate the adult parole
authority's
supervision of the offender, and, if the court had
required the
supervision of the offender to be pursuant to
division (E) of
this section, does not terminate the supervision
of the offender
with an active global positioning system device,
pursuant to that
division.
(E)(1) If a prison term imposed upon an offender pursuant to
division (A)(3) or division (B)(1)(a), (b), or (c), (2)(a), (b),
or (c), or (3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code for a sexually oriented offense is modified as
provided in division (C) of this section or terminated as provided
in division (D) of this section, and if the offender is a tier III
sex offender/child-victim offender relative to that offense, the
adult parole authority shall supervise the offender with an active
global positioning system device during the entire duration, as
determined pursuant to division (B) of section 2950.07 of the
Revised Code, of the prisoner's duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. The
monitoring shall commence upon the prisoner's release from
imprisonment. The prisoner shall bear the cost of monitoring. If
the prisoner is indigent, the crime victims reparations fund shall
pay the cost of compliance.
(2) If a prison term imposed upon an offender pursuant to
division (A)(3) of section 2971.03 of the Revised Code is modified
as provided in division (C) of this section or terminated as
provided in division (D) of this section and if division (E)(1) of
this section does not apply, the adult parole
authority shall
supervise the offender with an active global
positioning system
device during any time period in which the
offender is not
incarcerated in a state correctional institution.
If a prison
term imposed upon an offender pursuant to division
(B)(1)(a),
(b), or (c), (2)(a), (b), or (c), or (3)(a), (b),
(c),
or (d) of
section 2971.03 of the Revised Code is modified as
provided in
division (C) of this section or terminated as provided
in
division (D) of this section, if division (E)(1) of this section
does apply, and if the court requires that
the adult parole
authority's supervision of the offender be
pursuant to this
division, the authority shall supervise the
offender with an
active global positioning system device during
any time period in
which the offender is not incarcerated in a
state correctional
institution. If the adult parole authority is
required to
supervise the offender with an active global
positioning system
device as described in this division, unless
the court removes
the offender's classification as a sexually
violent predator
regarding an offender whose prison term was
imposed under
division (A)(3) of section 2971.03 of the Revised
Code or
terminates the requirement that supervision of the
offender be
pursuant to this division regarding an offender whose
prison term
was imposed under division (B)(1)(a), (b), or (c),
(2)(a), (b),
or (c), or (3)(a), (b), (c), or (d) of section
2971.03 of the
Revised Code, the offender is subject to
supervision with an
active global positioning system pursuant to
this division for
the offender's entire life. The costs of
administering the
supervision of offenders with an active global
positioning system
device pursuant to this division shall be paid
out of funds from
the reparations fund, created pursuant to
section 2743.191 of the
Revised Code. This division shall only
apply to a sexually
violent predator sentenced pursuant to
division (A)(3) of section
2971.03 of the Revised Code who is
released from the custody of
the department of rehabilitation and
correction on or after
September 29, 2005, or an offender
sentenced pursuant to division
(B)(1) or (2) of section 2971.03 of
the Revised Code on or after
January 2, 2007.
Section 2. That existing sections 2743.191, 2929.13, 2929.15,
2929.23, 2929.25, 2967.28, 2971.03, and 2971.05 of the Revised
Code are hereby repealed.
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