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Sub. H. B. No. 108 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Baker, Schuring
Cosponsors:
Representatives Antonio, Beck, Cera, Derickson, Duffey, Gonzales, Hagan, C., Lundy, Milkovich, Rogers, Sprague, Stebelton, Strahorn, Szollosi, Butler, Celebrezze, Pillich, Winburn
A BILL
To amend sections 109.91, 307.515, and 2929.18 and to
enact sections 109.921, 311.172, and 2950.012 of
the Revised Code to add two members to the State
Victims Assistance Advisory Council, to require
each person who registers as a sex offender or
child-victim offender to pay a one-hundred-dollar
fee, to authorize an additional fine for the
commission of a sexually oriented or child-victim
oriented offense, to require the deposit of the
fee and additional fine into the Rape Crisis
Program Trust Fund administered by the Attorney
General, to fund rape crisis centers out of the
Fund, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.91, 307.515, and 2929.18 be
amended and sections 109.921, 311.172, and 2950.012 of the Revised
Code be enacted to read as follows:
Sec. 109.91. (A) There is hereby established within the
office of the attorney general the crime victims assistance
office.
(B) There is hereby established the state victims assistance
advisory council. The council shall consist of a chairperson, to
be appointed by the attorney general, three ex officio members,
and fifteen seventeen members to be appointed by the attorney
general as follows: one member who represents the Ohio
victim-witness association; three members who represent local
victim assistance programs, including one from a municipally
operated program and one from a county-operated program; one
member who represents the interests of elderly victims; one member
who represents the interests of individuals with mental illness;
one member who is a board member of any statewide or local
organization that exists primarily to aid victims of domestic
violence, or who is an employee of, or counselor for, such an
organization; one member who is a board member of any statewide or
local organization that exists primarily to aid victims of sexual
violence or who is an employee of or a counselor for an
organization that exists primarily to aid victims of sexual
violence; one member who is an employee or officer of a county
probation department or a probation department operated by the
department of rehabilitation and correction; one member who is a
county prosecuting attorney; one member who is a city law
director; one member who is a county sheriff; one member who is a
member or officer of a township or municipal police department;
one member who is a court of common pleas judge; one member who is
a municipal court judge or county court judge; and two members who
are private citizens and are not government employees.
The council shall include the following ex officio, nonvoting
members: the attorney general, one member of the senate to be
designated by the president of the senate, and one member of the
house of representatives to be designated by the speaker of the
house.
Members of the council shall serve without compensation, but
shall be reimbursed for travel and other necessary expenses that
are incurred in the conduct of their official duties as members of
the council. The chairperson and members of the council appointed
by the attorney general shall serve at the pleasure of the
attorney general. The attorney general shall serve on the council
until the end of the term of office that qualified the attorney
general for membership on the council. The member of the senate
and the member of the house of representatives shall serve at the
pleasure of the president of the senate and the speaker of the
house of representatives, respectively.
(C) The victims assistance advisory council shall perform
both of the following duties:
(1) Advise the crime victims assistance office in determining
crime and delinquency victim service needs, determining crime and
delinquency victim policies for the state, and improving and
exercising leadership in the quality of crime and delinquency
victim programs in the state;
(2) Review and recommend to the crime victims assistance
office the victim assistance programs that should be considered
for the receipt of state financial assistance pursuant to section
109.92 of the Revised Code. The financial assistance allocation
recommendations of the council shall be based on the following
priorities:
(a) Programs in existence on July 1, 1985, shall be given
first priority;
(b) Programs offering or proposing to offer the broadest
range of services and referrals to the community served, including
medical, psychological, financial, educational, vocational, and
legal services that were not in existence on July 1, 1985, shall
be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the Revised
Code, "victim assistance program" includes, but is not limited to
a program that provides at least one of the following:
(1) Services to victims of any offense of violence or
delinquent act that would be an offense of violence if committed
by an adult;
(2) Financial assistance or property repair services to
victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in
judicial proceedings;
(4) Assistance to victims of crime or delinquent acts under
the operation of any political subdivision of the state or a
branch of the criminal justice system set forth in division
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;
(5) Technical assistance to persons or organizations that
provide services to victims of crime or delinquent acts under the
operation of a branch of the criminal justice system set forth in
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised
Code.
A victim assistance program does not include the program for
the reparation of crime victims established pursuant to Chapter
2743. of the Revised Code.
Sec. 109.921. (A) As used in this section:
(1) "Rape crisis program" means any of the following:
(a) The nonprofit state sexual assault coalition designated
by the center for injury prevention and control of the federal
centers for disease control and prevention;
(b) A victim witness assistance program operated by a
prosecuting attorney;
(c) A program operated by a government-based or nonprofit
entity that provides a full continuum of services to victims of
sexual assault, including hotlines, victim advocacy, and support
services from the onset of the need for services through the
completion of healing, that does not provide medical services, and
that may refer victims to physicians for medical care but does not
engage in or refer for services for which the use of genetic
services funds is prohibited by section 3701.511 of the Revised
Code.
(2) "Sexual assault" means any of the following:
(a) A violation of section 2907.02, 2907.03, 2907.04,
2907.05, or former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States that is or
was substantially equivalent to any section listed in division
(A)(2)(a) of this section.
(B) There is hereby created in the state treasury the rape
crisis program trust fund, consisting of money paid into the fund
pursuant to sections 307.515 and 311.172 of the Revised Code and
any money appropriated to the fund by the general assembly or
donated to the fund. The attorney general shall administer the
fund. The attorney general may use not more than five per cent of
the money deposited or appropriated into the fund to pay costs
associated with administering this section and shall use at least
ninety-five per cent of the money deposited or appropriated into
the fund for the purpose of providing funding to rape crisis
programs under this section.
(C)(1) The attorney general shall adopt rules under Chapter
119. of the Revised Code that establish procedures for rape crisis
programs to apply to the attorney general for funding out of the
rape crisis program trust fund and procedures for the attorney
general to distribute money out of the fund to rape crisis
programs.
(2) The attorney general may decide upon an application for
funding out of the rape crisis program trust fund without a
hearing. A decision of the attorney general to grant or deny
funding is final and not appealable under Chapter 119. or any
other provision of the Revised Code.
(D) A rape crisis program that receives funding out of the
rape crisis program trust fund shall use the money received only
for the following purposes:
(1) If the program is the nonprofit state sexual assault
coalition, to provide training and technical assistance to service
providers;
(2) If the program is a victim witness assistance program, to
provide victims of sexual assault with hotlines, victim advocacy,
or support services;
(3) If the program is a government-based or nonprofit entity
that provides a full continuum of services to victims of sexual
assault, to provide those services and education to prevent sexual
assault.
Sec. 307.515. (A) All fines and penalties collected by, and
moneys arising from forfeited bail in, a municipal court for
offenses and misdemeanors brought for prosecution in the name of a
municipal corporation under one of its penal ordinances, where
there is in force a state statute under which the offense might be
prosecuted, or brought for prosecution in the name of the state,
except a portion of those fines, penalties, and moneys that, plus
all costs collected monthly in those state cases, equal the
compensation allowed by the board of county commissioners to the
judges of the municipal court, its clerk, and the prosecuting
attorney of that court in state cases, shall be retained by the
clerk of that municipal court and shall be deposited by the clerk
each month in the county law library resources fund that is
created under section 307.514 of the Revised Code in the county in
which that municipal corporation is located. The sum that the
clerk of the municipal court deposits in the county law library
resources fund shall in no month be less than twenty-five per cent
of the amount of such fines, penalties, and moneys received in
that month, without deducting the amount of the allowance of the
board of county commissioners to the judges, clerk, and
prosecuting attorney.
The total amount paid under this section in any one calendar
year by the clerks of all municipal courts in any one county to
the county law library resources fund shall in no event exceed the
following amounts:
(1) In counties having a population of fifty thousand or
less, seventy-five hundred dollars and the maximum amount paid by
any of such courts shall not exceed four thousand dollars in any
calendar year.
(2) In counties having a population in excess of fifty
thousand but not in excess of one hundred thousand, eight thousand
dollars and the maximum amount paid by any of such courts shall
not exceed five thousand five hundred dollars in any calendar
year.
(3) In counties having a population in excess of one hundred
thousand but not in excess of one hundred fifty thousand, ten
thousand dollars and the maximum amount paid by any of such courts
shall not exceed seven thousand dollars in any calendar year.
(4) In counties having a population of in excess of one
hundred fifty thousand, fifteen thousand dollars in any calendar
year. The maximum amount to be paid by each clerk shall be
determined by the county auditor in December of each year for the
next succeeding calendar year and shall bear the same ratio to the
total amount payable under this section from the clerks of all
municipal courts in such county as the total fines, costs, and
forfeitures received by the corresponding municipal court, bear to
the total fines, costs, and forfeitures received by all the
municipal courts in the county, as shown for the last complete
year of actual receipts, on the latest available budgets of such
municipal courts. Payments in the full amounts provided in this
section shall be made monthly by each clerk in each calendar year
until the maximum amount for such year has been paid. When that
amount, so determined by the auditor, has been paid to the county
law library resources fund, then no further payments shall be
required in that calendar year from the clerk of that court.
(5) This section does not apply to fines collected by a
municipal court for violations of division (B) of section 4513.263
of the Revised Code, or for violations of any municipal ordinance
that is substantively comparable to that division, all of which
shall be forwarded to the treasurer of state as provided in
division (E) of section 4513.263 of the Revised Code.
(B) The county treasurer, upon the voucher of the county
auditor, shall deposit fifty per cent of all moneys collected by a
county court accruing from fines, penalties, and forfeited bail,
unless otherwise distributed by law, in the county law library
resources fund in that county that is created under section
307.514 of the Revised Code. The county treasurer shall deposit
those moneys into that fund within thirty days after those moneys
have been paid into the county treasury by the clerk of the county
court.
This section does not apply to fines collected by a county
court for violations of division (B) of section 4513.263 of the
Revised Code, or for violations of any municipal ordinance that is
substantively comparable to that division, all of which shall be
forwarded to the treasurer of state as provided in division (E) of
section 4513.263 of the Revised Code.
(C) In each county of the state, the clerk of the court of
common pleas and the clerk of the probate court shall retain all
fines and penalties collected by, and moneys arising from
forfeited bail in, the court of common pleas and the probate court
of that county for offenses and misdemeanors brought for
prosecution in those courts in the name of the state and monthly
shall deposit those moneys in the county law library resources
fund in that county that is created under section 307.514 of the
Revised Code. The total sums so deposited shall not exceed twelve
hundred fifty dollars per annum, and when that amount has been
deposited in the fund in accordance with this section then no
further payments shall be required under this section in that
calendar year from the clerks of those respective courts.
This section does not apply to fines collected by a court of
common pleas for violations of division (B) of section 4513.263 of
the Revised Code, all of which shall be forwarded to the treasurer
of state as provided in division (E) of that section.
This section does not apply to fines imposed under division
(B)(9) of section 2929.18 of the Revised Code and collected by a
court of common pleas, all of which shall be forwarded by the
court to the treasurer of state not later than the twentieth day
of the month after the month in which they are collected for
deposit into the state treasury to the credit of the rape crisis
program trust fund created by section 109.921 of the Revised Code.
(D) In each county, the treasurer of the county or the
treasurer of the municipal corporation shall deposit monthly fifty
per cent of all fines and penalties collected by, and fifty per
cent of moneys arising from forfeited bail in, any court in that
county for offenses brought for prosecution under Chapters 4301.
and 4303. of the Revised Code and the state traffic laws in the
county legal resources fund in that county that is created under
section 307.514 of the Revised Code. The sum so deposited in that
fund by each treasurer shall not exceed twelve hundred dollars per
annum under Chapters 4301. and 4303. of the Revised Code, and when
that amount has been deposited in that fund in accordance with
this section, then no further deposits shall be required under
this section in that calendar year from those treasurers.
As used in this section, "state traffic laws" does not
include division (B) of section 4513.263 of the Revised Code.
Sec. 311.172. (A) The sheriff shall charge a one-time fee of
one hundred dollars when a person who, on or after the effective
date of this section, is convicted of an offense for which
registration is required under section 2950.04 or 2950.041 of the
Revised Code registers for the first time. The fee shall be in
addition to any fee that may be charged under section 311.171 of
the Revised Code.
(B) The sheriff shall not refuse to register a person who
does not pay the fee required by this section. At the end of each
calendar year, the sheriff shall report to the attorney general
all fees that have been due and unpaid for more than one year and
that the sheriff has not previously reported. The attorney general
may recover those fees in a civil action.
(C) The sheriff shall transmit on or before the twentieth day
of the following month all money collected during a month under
this section to the county treasurer. Within sixty days after
receipt, the county treasurer shall transmit the money to the
treasurer of state to be credited to the rape crisis program trust
fund created by section 109.921 of the Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23 of the Revised Code, the court imposing a sentence
upon an offender for a felony may sentence the offender to any
financial sanction or combination of financial sanctions
authorized under this section or, in the circumstances specified
in section 2929.32 of the Revised Code, may impose upon the
offender a fine in accordance with that section. Financial
sanctions that may be imposed pursuant to this section include,
but are not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount based
on the victim's economic loss. If the court imposes restitution,
the court shall order that the restitution be made to the victim
in open court, to the adult probation department that serves the
county on behalf of the victim, to the clerk of courts, or to
another agency designated by the court. If the court imposes
restitution, at sentencing, the court shall determine the amount
of restitution to be made by the offender. If the court imposes
restitution, the court may base the amount of restitution it
orders on an amount recommended by the victim, the offender, a
presentence investigation report, estimates or receipts indicating
the cost of repairing or replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold a hearing on restitution if the
offender, victim, or survivor disputes the amount. All restitution
payments shall be credited against any recovery of economic loss
in a civil action brought by the victim or any survivor of the
victim against the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge of not more than five per cent of the
amount of the restitution otherwise ordered to the entity
responsible for collecting and processing restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2) of this
section to one or more law enforcement agencies, with the amount
of the fine based on a standard percentage of the offender's daily
income over a period of time determined by the court and based
upon the seriousness of the offense. A fine ordered under this
division shall not exceed the maximum conventional fine amount
authorized for the level of the offense under division (A)(3) of
this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty
thousand dollars;
(b) For a felony of the second degree, not more than fifteen
thousand dollars;
(c) For a felony of the third degree, not more than ten
thousand dollars;
(d) For a felony of the fourth degree, not more than five
thousand dollars;
(e) For a felony of the fifth degree, not more than two
thousand five hundred dollars.
(4) A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a) Reimbursement by the offender of any or all of the
costs of sanctions incurred by the government, including the
following:
(i) All or part of the costs of implementing any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement under a sanction
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the
Revised Code, provided that the amount of reimbursement ordered
under this division shall not exceed the total amount of
reimbursement the offender is able to pay as determined at a
hearing and shall not exceed the actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) If the offender is sentenced to a sanction of confinement
pursuant to section 2929.14 or 2929.16 of the Revised Code that is
to be served in a facility operated by a board of county
commissioners, a legislative authority of a municipal corporation,
or another local governmental entity, if, pursuant to section
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,
or 2947.19 of the Revised Code and section 2929.37 of the Revised
Code, the board, legislative authority, or other local
governmental entity requires prisoners to reimburse the county,
municipal corporation, or other entity for its expenses incurred
by reason of the prisoner's confinement, and if the court does not
impose a financial sanction under division (A)(5)(a)(ii) of this
section, confinement costs may be assessed pursuant to section
2929.37 of the Revised Code. In addition, the offender may be
required to pay the fees specified in section 2929.38 of the
Revised Code in accordance with that section.
(c) Reimbursement by the offender for costs pursuant to
section 2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree felony violation
of any provision of Chapter 2925., 3719., or 4729. of the Revised
Code, the sentencing court shall impose upon the offender a
mandatory fine of at least one-half of, but not more than, the
maximum statutory fine amount authorized for the level of the
offense pursuant to division (A)(3) of this section. If an
offender alleges in an affidavit filed with the court prior to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon an
offender under division (A)(2) or (3) of this section for any
fourth or fifth degree felony violation of any provision of
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid
to law enforcement agencies pursuant to division (F) of section
2925.03 of the Revised Code.
(3) For a fourth degree felony OVI offense and for a third
degree felony OVI offense, the sentencing court shall impose upon
the offender a mandatory fine in the amount specified in division
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever
is applicable. The mandatory fine so imposed shall be disbursed as
provided in the division pursuant to which it is imposed.
(4) Notwithstanding any fine otherwise authorized or required
to be imposed under division (A)(2) or (3) or (B)(1) of this
section or section 2929.31 of the Revised Code for a violation of
section 2925.03 of the Revised Code, in addition to any penalty or
sanction imposed for that offense under section 2925.03 or
sections 2929.11 to 2929.18 of the Revised Code and in addition to
the forfeiture of property in connection with the offense as
prescribed in Chapter 2981. of the Revised Code, the court that
sentences an offender for a violation of section 2925.03 of the
Revised Code may impose upon the offender a fine in addition to
any fine imposed under division (A)(2) or (3) of this section and
in addition to any mandatory fine imposed under division (B)(1) of
this section. The fine imposed under division (B)(4) of this
section shall be used as provided in division (H) of section
2925.03 of the Revised Code. A fine imposed under division (B)(4)
of this section shall not exceed whichever of the following is
applicable:
(a) The total value of any personal or real property in which
the offender has an interest and that was used in the course of,
intended for use in the course of, derived from, or realized
through conduct in violation of section 2925.03 of the Revised
Code, including any property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest in any property of the
type described in division (B)(4)(a) of this section or if it is
not possible to ascertain whether the offender has an interest in
any property of that type in which the offender may have an
interest, the amount of the mandatory fine for the offense imposed
under division (B)(1) of this section or, if no mandatory fine is
imposed under division (B)(1) of this section, the amount of the
fine authorized for the level of the offense imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this
section, the court shall determine whether the offender has an
interest in any property of the type described in division
(B)(4)(a) of this section. Except as provided in division (B)(6)
or (7) of this section, a fine that is authorized and imposed
under division (B)(4) of this section does not limit or affect the
imposition of the penalties and sanctions for a violation of
section 2925.03 of the Revised Code prescribed under those
sections or sections 2929.11 to 2929.18 of the Revised Code and
does not limit or affect a forfeiture of property in connection
with the offense as prescribed in Chapter 2981. of the Revised
Code.
(6) If the sum total of a mandatory fine amount imposed for a
first, second, or third degree felony violation of section 2925.03
of the Revised Code under division (B)(1) of this section plus the
amount of any fine imposed under division (B)(4) of this section
does not exceed the maximum statutory fine amount authorized for
the level of the offense under division (A)(3) of this section or
section 2929.31 of the Revised Code, the court may impose a fine
for the offense in addition to the mandatory fine and the fine
imposed under division (B)(4) of this section. The sum total of
the amounts of the mandatory fine, the fine imposed under division
(B)(4) of this section, and the additional fine imposed under
division (B)(6) of this section shall not exceed the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code. The clerk of the court shall pay any fine that is
imposed under division (B)(6) of this section to the county,
township, municipal corporation, park district as created pursuant
to section 511.18 or 1545.04 of the Revised Code, or state law
enforcement agencies in this state that primarily were responsible
for or involved in making the arrest of, and in prosecuting, the
offender pursuant to division (F) of section 2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any fine
imposed under division (B)(4) of this section exceeds the maximum
statutory fine amount authorized for the level of the offense
under division (A)(3) of this section or section 2929.31 of the
Revised Code, the court shall not impose a fine under division
(B)(6) of this section.
(8)(a) If an offender who is convicted of or pleads guilty to
a violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code also is convicted of or pleads guilty to a specification of
the type described in section 2941.1422 of the Revised Code that
charges that the offender knowingly committed the offense in
furtherance of human trafficking, the sentencing court shall
sentence the offender to a financial sanction of restitution by
the offender to the victim or any survivor of the victim, with the
restitution including the costs of housing, counseling, and
medical and legal assistance incurred by the victim as a direct
result of the offense and the greater of the following:
(i) The gross income or value to the offender of the victim's
labor or services;
(ii) The value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of the "Federal Fair Labor
Standards Act of 1938," 52 Stat. 1060, 20 U.S.C. 207, and state
labor laws.
(b) If a court imposing sentence upon an offender for a
felony is required to impose upon the offender a financial
sanction of restitution under division (B)(8)(a) of this section,
in addition to that financial sanction of restitution, the court
may sentence the offender to any other financial sanction or
combination of financial sanctions authorized under this section,
including a restitution sanction under division (A)(1) of this
section.
(9) In addition to any other fine that is or may be imposed
under this section, the court imposing sentence upon an offender
for a felony that is a sexually oriented offense or a child-victim
oriented offense, as those terms are defined in section 2950.01 of
the Revised Code, may impose a fine of not less than fifty nor
more than five hundred dollars.
(C)(1) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by the department of rehabilitation and correction
in operating a prison or other facility used to confine offenders
pursuant to sanctions imposed under section 2929.14, 2929.142, or
2929.16 of the Revised Code to the treasurer of state. The
treasurer of state shall deposit the reimbursements in the
confinement cost reimbursement fund that is hereby created in the
state treasury. The department of rehabilitation and correction
shall use the amounts deposited in the fund to fund the operation
of facilities used to confine offenders pursuant to sections
2929.14, 2929.142, and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a county pursuant to any sanction imposed under
this section or section 2929.16 or 2929.17 of the Revised Code or
in operating a facility used to confine offenders pursuant to a
sanction imposed under section 2929.16 of the Revised Code to the
county treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county treasury.
The county shall use the amounts deposited in the fund to pay the
costs incurred by the county pursuant to any sanction imposed
under this section or section 2929.16 or 2929.17 of the Revised
Code or in operating a facility used to confine offenders pursuant
to a sanction imposed under section 2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(5)(a) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.16 or 2929.17 of the
Revised Code or in operating a facility used to confine offenders
pursuant to a sanction imposed under section 2929.16 of the
Revised Code to the treasurer of the municipal corporation. The
treasurer shall deposit the reimbursements in a special fund that
shall be established in the treasury of each municipal
corporation. The municipal corporation shall use the amounts
deposited in the fund to pay the costs incurred by the municipal
corporation pursuant to any sanction imposed under this section or
section 2929.16 or 2929.17 of the Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender shall pay reimbursements imposed pursuant to
division (A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section 2929.16 or 2929.17 of the Revised Code to the provider.
(D) Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or (B) of this
section is a judgment in favor of the state or a political
subdivision in which the court that imposed the financial sanction
is located, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
pursuant to division (A)(5)(a)(ii) of this section upon an
offender who is incarcerated in a state facility or a municipal
jail is a judgment in favor of the state or the municipal
corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement imposed
upon an offender pursuant to this section for costs incurred by a
private provider of sanctions is a judgment in favor of the
private provider, and the offender subject to the financial
sanction is the judgment debtor. A financial sanction of
restitution imposed pursuant to division (A)(1) or (B)(8) of this
section is an order in favor of the victim of the offender's
criminal act that can be collected through a certificate of
judgment as described in division (D)(1) of this section, through
execution as described in division (D)(2) of this section, or
through an order as described in division (D)(3) of this section,
and the offender shall be considered for purposes of the
collection as the judgment debtor. Imposition of a financial
sanction and execution on the judgment does not preclude any other
power of the court to impose or enforce sanctions on the offender.
Once the financial sanction is imposed as a judgment or order
under this division, the victim, private provider, state, or
political subdivision may do any of the following:
(1) Obtain from the clerk of the court in which the judgment
was entered a certificate of judgment that shall be in the same
manner and form as a certificate of judgment issued in a civil
action;
(2) Obtain execution of the judgment or order through any
available procedure, including:
(a) An execution against the property of the judgment debtor
under Chapter 2329. of the Revised Code;
(b) An execution against the person of the judgment debtor
under Chapter 2331. of the Revised Code;
(c) A proceeding in aid of execution under Chapter 2333. of
the Revised Code, including:
(i) A proceeding for the examination of the judgment debtor
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person of the
judgment debtor under section 2333.28 of the Revised Code;
(iii) A creditor's suit under section 2333.01 of the Revised
Code.
(d) The attachment of the property of the judgment debtor
under Chapter 2715. of the Revised Code;
(e) The garnishment of the property of the judgment debtor
under Chapter 2716. of the Revised Code.
(3) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised Code.
(E) A court that imposes a financial sanction upon an
offender may hold a hearing if necessary to determine whether the
offender is able to pay the sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction upon an offender
under this section or under section 2929.32 of the Revised Code
may designate the clerk of the court or another person to collect
the financial sanction. The clerk or other person authorized by
law or the court to collect the financial sanction may enter into
contracts with one or more public agencies or private vendors for
the collection of, amounts due under the financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code. Before entering into a contract for the collection of
amounts due from an offender pursuant to any financial sanction
imposed pursuant to this section or section 2929.32 of the Revised
Code, a court shall comply with sections 307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial sanction under
division (A) or (B) of this section finds that an offender
satisfactorily has completed all other sanctions imposed upon the
offender and that all restitution that has been ordered has been
paid as ordered, the court may suspend any financial sanctions
imposed pursuant to this section or section 2929.32 of the Revised
Code that have not been paid.
(H) No financial sanction imposed under this section or
section 2929.32 of the Revised Code shall preclude a victim from
bringing a civil action against the offender.
Sec. 2950.012. If a court sentences a person who commits a
sexually oriented offense or a child-victim oriented offense to a
community control sanction, the court may make payment of the
registration fee required by section 311.172 of the Revised Code a
condition of the community control sanction.
Section 2. That existing sections 109.91, 307.515, and
2929.18 of the Revised Code are hereby repealed.
Section 3. All items in this section are hereby appropriated
out of any moneys in the state treasury to the credit of the
designated fund. For all appropriations made in this act, those in
the first column are for fiscal year 2014 and those in the second
column are for fiscal year 2015. The appropriations made in this
act are in addition to any other appropriations made for the FY
2014-FY 2015 biennium.
AGO OFFICE OF THE ATTORNEY GENERAL
GRF |
055501 |
|
Rape Crisis Centers |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
Section 4. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in the main operating appropriations act of the 130th
General Assembly.
The appropriations made in this act are subject to all
provisions of the main operating appropriations act of the 130th
General Assembly that are generally applicable to such
appropriations.
|