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H. B. No. 407 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Amstutz, Beck, Becker, Fedor, Hill, Lynch, Retherford, Roegner, Smith, Terhar, Thompson
A BILL
To amend section 2929.13 and to enact sections
5120.037, 5120.0371, and 5120.038 of the Revised
Code to require the Department of Rehabilitation
and Correction to establish a pilot work program
for offenders, to establish and operate the
program at repayment, retraining, and reclamation
factories that are not in or on the grounds of a
prison or jail and permit the Department to
establish and operate the program in prisons, to
permit counties to establish and operate local
repayment, retraining, and reclamation factories
for certain offenders, to provide for the
manufacture of goods and the sale of the goods
manufactured by the pilot work program or local
pilot work program on the open market or the
assembly, processing, manufacture, or repair of
components for goods pursuant to contract, to
grant a nonviolent participant one day of credit
off the participant's prison term or jail term for
each day the participant productively participates
in the program at a repayment, retraining, and
reclamation factory or a local repayment,
retraining, and reclamation factory, and to name
this act the "Repayment, Retraining, and
Reclamation Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2929.13 be amended and sections
5120.037, 5120.0371, and 5120.038 of the Revised Code be enacted
to read as follows:
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.
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 shall
impose any financial sanction pursuant to section 2929.18 of the
Revised Code that is required for the offense and may impose any
other financial sanction pursuant to that section 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 (B)(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)(a) Except as provided in division (B)(1)(b) of this
section, if an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence or that is a qualifying assault offense, the court shall
sentence the offender to a community control sanction of at least
one year's duration if all of the following apply:
(i) The offender previously has not been convicted of or
pleaded guilty to a felony offense.
(ii) The most serious charge against the offender at the time
of sentencing is a felony of the fourth or fifth degree and the
offender is convicted of or pleads guilty to not more than one
felony of the fourth or fifth degree listed in the indictment,
information, or complaint.
(iii) If the court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, the department, within the forty-five-day period
specified in that division, provided the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court.
(iv) The offender previously has not been convicted of or
pleaded guilty to a misdemeanor offense of violence that the
offender committed within two years prior to the offense for which
sentence is being imposed.
(b) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence or that
is a qualifying assault offense if any of the following apply:
(i) The offender committed the offense while having a firearm
on or about the offender's person or under the offender's control.
(ii) If the offense is a qualifying assault offense, the
offender caused serious physical harm to another person while
committing the offense, and, if the offense is not a qualifying
assault offense, the offender caused physical harm to another
person while committing the offense.
(iii) The offender violated a term of the conditions of bond
as set by the court.
(iv) The court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, and the department, within the forty-five-day period
specified in that division, did not provide the court with the
name of, contact information for, and program details of any
community control sanction of at least one year's duration that is
available for persons sentenced by the court.
(v) The offense is a sex offense that is a fourth or fifth
degree felony violation of any provision of Chapter 2907. of the
Revised Code.
(vi) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(vii) 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.
(viii) 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.
(ix) The offender committed the offense for hire or as part
of an organized criminal activity.
(x) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(xi) 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.
(c) If a court that is sentencing an offender who is
convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence or that is a qualifying
assault offense believes that no community control sanctions are
available for its use that, if imposed on the offender, will
adequately fulfill the overriding principles and purposes of
sentencing, the court shall contact the department of
rehabilitation and correction and ask the department to provide
the court with the names of, contact information for, and program
details of one or more community control sanctions of at least one
year's duration that are available for persons sentenced by the
court. Not later than forty-five days after receipt of a request
from a court under this division, the department shall provide the
court with the names of, contact information for, and program
details of one or more community control sanctions of at least one
year's duration that are available for persons sentenced by the
court, if any. Upon making a request under this division that
relates to a particular offender, a court shall defer sentencing
of that offender until it receives from the department the names
of, contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court or for forty-five
days, whichever is the earlier.
If the department provides the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court shall
impose upon the offender a community control sanction under
division (B)(1)(a) of this section, except that the court may
impose a prison term under division (B)(1)(b) of this section if a
factor described in division (B)(1)(b)(i) or (ii) of this section
applies. If the department does not provide the court with the
names of, contact information for, and program details of one or
more community control sanctions of at least one year's duration
that are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court may
impose upon the offender a prison term under division
(B)(1)(b)(iv) of this section.
(d) A sentencing court may impose an additional penalty under
division (B) of section 2929.15 of the Revised Code upon an
offender sentenced to a community control sanction under division
(B)(1)(a) of this section if the offender violates the conditions
of the community control sanction, violates a law, or leaves the
state without the permission of the court or the offender's
probation officer.
(2) If division (B)(1) of this section does not apply, except
as provided in division (E), (F), or (G) of this section, in
determining whether to impose a prison term as a sanction for a
felony of the fourth or fifth degree, 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.
(C) Except as provided in division (D), (E), (F), or (G) of
this section, in determining whether to impose a prison term as a
sanction for a felony of the third degree or a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to this division for
purposes of sentencing, the sentencing court shall comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this
section, for a felony of the first or second degree, for a felony
drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed that a prison
term is necessary in order to comply with the purposes and
principles of sentencing under section 2929.11 of the Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court may
impose a community control sanction or a combination of community
control sanctions instead of a prison term on an offender for a
felony of the first or second degree or for a felony drug offense
that is a violation of any provision of Chapter 2925., 3719., or
4729. of the Revised Code for which a presumption in favor of a
prison term is specified as being applicable if it makes both of
the following findings:
(a) A community control sanction or a combination of
community control sanctions would adequately punish the offender
and protect the public from future crime, because the applicable
factors under section 2929.12 of the Revised Code indicating a
lesser likelihood of recidivism outweigh the applicable factors
under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control sanctions would not demean the seriousness of
the offense, because one or more factors under section 2929.12 of
the Revised Code that indicate that the offender's conduct was
less serious than conduct normally constituting the offense are
applicable, and they outweigh the applicable factors under that
section that indicate that the offender's conduct was more serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section,
for any drug offense that is a violation of any provision of
Chapter 2925. of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a presumption
under division (D) of this section in favor of a prison term or of
division (B) or (C) of this section in determining whether to
impose a prison term for the offense shall be determined as
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the
Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony violates the conditions of a community control sanction
imposed for the offense solely by reason of producing positive
results on a drug test, the court, as punishment for the violation
of the sanction, shall not order that the offender be imprisoned
unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to participate in a drug treatment program, in a drug
education program, or in narcotics anonymous or a similar program,
and the offender continued to use illegal drugs after a reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse
offense that is a felony of the third, fourth, or fifth degree may
require that the offender be assessed by a properly credentialed
professional within a specified period of time. The court shall
require the professional to file a written assessment of the
offender with the court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may impose a community control sanction that
includes treatment and recovery support services authorized by
section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as a community control
sanction, the court shall direct the level and type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to (E) of this section, the
court shall impose a prison term or terms under sections 2929.02
to 2929.06, section 2929.14, section 2929.142, or section 2971.03
of the Revised Code and except as specifically provided in section
2929.20, divisions (C) to (I) of section 2967.19, or section
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 2967.19,
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, 2903.13, 2905.32, or 2907.07 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 (B)(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 (B)(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 (B)(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 (B)(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;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (D)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (B)(8) of section 2929.14 of the Revised
Code.
(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 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. Subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, the court shall not
reduce the term pursuant to section 2929.20, 2967.19, 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:
(1) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(2) "Qualifying assault offense" means a violation of section
2903.13 of the Revised Code for which the penalty provision in
division (C)(8)(b) or (C)(9)(b) of that section applies.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court may
require that the offender be monitored by means of a global
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the offender
is indigent, the cost of compliance shall be paid by the crime
victims reparations fund.
Sec. 5120.037. (A) As used in this section and section
5120.0371 of the Revised Code:
(1) "Goods" means materials, merchandise, products, and
components of other goods that are designed, manufactured,
constructed, or assembled, in whole or in part. "Goods" does not
include agricultural products.
(2) "Community-based correctional facility," "community
control sanction," "jail," "jail term," "offender," "prison,"
"prison term," and "stated prison term" have the same meanings as
in section 2929.01 of the Revised Code.
(3) "Local repayment, retraining, and reclamation factory"
means a repayment, retraining, and reclamation factory established
and operated under section 5120.0371 of the Revised Code.
(4) "Repayment, retraining, and reclamation factory" means a
repayment, retraining, and reclamation factory established and
operated under division (J) of this section.
(5) "Repayment, retraining, and reclamation prison" means a
prison where a pilot work program is operated by the department of
rehabilitation and correction.
(6) "School district" means a city, exempted village, local,
or joint vocational school district.
(7) "Senior staff" means a staff member at a repayment,
retraining, and reclamation factory, pilot work program
established at a repayment, retraining, and reclamation prison, or
local repayment, retraining, and reclamation factory, who is not
covered by an employee collective bargaining agreement, who is
hired by, and is an employee at will of, the manager of a
repayment, retraining, and reclamation factory, pilot work program
operated at a repayment, retraining, and reclamation prison, or
local repayment, retraining, and reclamation factory, and whom the
manager has made responsible in part for the operation of the
pilot work program at the repayment, retraining, and reclamation
factory, repayment, retraining, and reclamation prison, or local
repayment, retraining, and reclamation factory.
(8) "State agency" means any department, board, office,
commission, agency, college, university, institution, or other
instrumentality of this or another state.
(9) "State and local governments" includes all of the
following:
(a) A state, county, township, city, or village;
(c) The office of an elected officer of a county, township,
city, or village;
(d) A department, board, office, commission, agency,
institution, or other instrumentality of a county, township, city,
or village;
(B)(1) The department of rehabilitation and correction shall
establish and operate a pilot work program within two years after
the effective date of this section. For a period beginning at the
time the department establishes and begins to operate the pilot
work program and ending not later than four years after the
effective date of this section, the department shall operate a
pilot work program that is capable of accommodating a minimum of
fifty per cent of all eligible offenders who apply to participate
in the pilot work program. Not later than four years after the
effective date of this section, the department shall operate a
pilot work program that is capable of accommodating a minimum of
eighty per cent of all eligible offenders who apply to participate
in the pilot work program. The department shall not establish or
operate the pilot work program as a work program under sections
5145.16 to 5145.163 of the Revised Code or under any other work
program for offenders that is in operation on the effective date
of this section. The department may appoint a trustee or board of
directors to supervise the operation of the pilot work program.
(2) The pilot work program shall have the following goals:
(a) To reduce state spending on the costs of incarcerating
offenders in detention facilities without affecting public safety
by using revenue obtained from the work of pilot work program
participants for the costs of incarceration;
(b) To provide job training to pilot work program
participants and assist pilot work program participants in
obtaining occupational and professional licenses and certificates
in order to improve pilot work program participants' employability
following their release from confinement and reduce participants'
rate of recidivism;
(c) To reclaim the production of goods not made in the United
States in order to reduce the nation's trade deficit;
(d) To create, directly and indirectly, manufacturing jobs in
this state.
(C)(1)(a) An offender who is sentenced to a prison term for
one or more felonies of the third, fourth, or fifth degree, none
of which is an offense of violence, is an eligible offender and
may participate in the pilot work program at a repayment,
retraining, and reclamation factory established and operated under
division (J) of this section if the offender has more than two
months remaining on the offender's prison term or remaining on the
offender's prison term in combination with any remaining term in a
community-based correctional facility imposed on the offender by a
sentencing court as part of a community residential sanction.
(b) An offender who is sentenced to a community control
sanction under division (B) of section 2929.13 of the Revised Code
for a felony of the fourth or fifth degree that is not an offense
of violence is not eligible to participate in the pilot work
program.
(2) An offender who is sentenced to a prison term for one or
more felonies is an eligible offender and may participate in a
pilot work program established at a repayment, retraining, and
reclamation prison under division (K) of this section if the
offender has more than two months remaining on the offender's
prison term or remaining on the offender's prison term in
combination with any remaining term in a community-based
correctional facility imposed on the offender by a sentencing
court as part of a community residential sanction.
(3) The department may, based on documented safety, behavior,
and performance concerns, designate an offender who is eligible to
participate in the pilot work program under division (C)(1) or (2)
of this section as an ineligible offender, but shall not
unreasonably withhold an offender's eligibility.
(D)(1) An eligible offender is not required to participate in
the pilot work program.
(2) An eligible offender serving a sentence in a prison who
wishes to participate in the pilot work program shall submit an
application to participate in the pilot work program to the
department of rehabilitation and correction. The department shall
adopt rules pursuant to Chapter 119. of the Revised Code governing
the application process under this division.
(3) An offender who wishes to participate in the pilot work
program may submit an application to participate in the pilot work
program to the department of rehabilitation and correction prior
to sentencing. The department shall adopt rules pursuant to
Chapter 119. of the Revised Code governing the application process
under this division.
(4) The rules adopted under divisions (D)(2) and (3) of this
section shall include provisions that ensure that all offenders
are made aware of the pilot work program at least forty-eight
hours prior to the deadline for submitting an application prior to
sentencing and receive notice that the sentencing court may
include as part of the offender's sentence a sentence of up to
one-half of the stated prison term, subject to the limits set
forth in division (E)(1)(b)(ii) of this section, that the court
may require the offender to serve if the department removes the
offender from the pilot work program.
(E)(1)(a) The department of rehabilitation and correction
shall review all applications submitted to the department pursuant
to division (D)(2) of this section. The department shall adopt
rules pursuant to Chapter 119. of the Revised Code governing the
department's review of applications and the department's
identification of those applicants who are best suited to
participate in the pilot work program. The department shall give
all applicants who are eligible offenders equal access to the
pilot work program and shall not differentiate between applicants
based on educational level, chronic physical or mental illness, or
gender. The department shall select participants for the pilot
work program from those eligible offenders identified as best
suited to participate in the pilot work program and place those
participants in the pilot work program in available vacancies in
repayment, retraining, and reclamation factories and pilot work
programs established at repayment, retraining, and reclamation
prisons in accordance with divisions (C), (D), and (E) of this
section. The department shall adopt rules pursuant to Chapter 119.
of the Revised Code governing the department's selection of
eligible offenders to participate in the pilot work program from
those identified as best suited to participate in the pilot work
program. The department may use a variety of means to determine an
offender's suitability to participate in the pilot work program,
including, but not limited to, Ohio risk assessment system tools
and scores.
(b)(i) The department shall set a uniform deadline for an
offender's submission of an application pursuant to division
(D)(3) of this section. If an offender submits the application
prior to the deadline set by the department, the department shall
review the offender's application prior to the offender's
sentencing. The department shall determine the offender's
suitability to participate in the pilot work program and provide
written notice to the offender and the sentencing court of the
department's determination by a time prior to the offender's
sentencing that is adequate for the offender's and court's
consideration of the notice. The department may use a variety of
means to determine an offender's suitability to participate in the
pilot work program, including, but not limited to, Ohio risk
assessment system tools and scores. The deadline set by the
department for an offender's submission of an application pursuant
to division (D)(3) of this section shall be a minimum number of
days prior to the offender's sentencing that is sufficient to
allow the department to review the application, determine the
offender's suitability to participate in the pilot work program,
and provide written notification of the department's determination
of the offender's suitability to participate in the pilot work
program to the offender and the sentencing court by a time prior
to the offender's sentencing that is adequate for the offender's
and court's consideration of the notice. The department shall
adopt rules pursuant to Chapter 119. of the Revised Code governing
the department's review of the applications submitted pursuant to
division (D)(3) of the section, the means used to determine the
offender's suitability to participate in the pilot work program,
and for the provision of the written notification to the offender
and sentencing court.
(ii) The sentencing court shall consider the written notice
received from the department when sentencing the offender. If the
court sentences the offender to a prison term of more than two
months, the offender is an eligible offender under division (C) of
this section, the department has determined both that the offender
is suitable to participate in the pilot work program and that the
department has an available vacancy in a pilot work program
established at a repayment, retraining, and reclamation prison or
at a repayment, retraining, and reclamation factory, and the
department has provided written notification of the department's
determination to the sentencing court, the court may order the
department to accept the offender as a participant in the pilot
work program. The sentencing court may include as part of the
offender's sentence an additional sentence of up to one-half of
the stated prison term that the court may require the offender to
serve if the offender's participation in the pilot work program is
ended under division (M) of this section. The additional sentence
shall not exceed in combination with the stated prison term the
maximum prison term that the court may impose for the offense
under Chapter 2929. of the Revised Code. The department shall
place these offenders in available vacancies in repayment,
retraining, and reclamation factories and pilot work programs
established at repayment, retraining, and reclamation prisons,
subject to the offender being an eligible offender under division
(C) of this section at the time that a vacancy becomes available.
The court retains jurisdiction over these offenders for purposes
of imposing penalties under division (M) of this section if the
offender's participation in the pilot work program is ended. If
the court does not order the department to accept the offender as
a participant in the pilot work program, the offender may submit
one application to participate in the pilot work program under
division (D)(2) of this section while serving the offender's
sentence in prison.
(2) The department shall prioritize the placement of the
offenders whom the department has selected to participate in the
pilot work program. The department shall place the participants in
the following order of priority:
(a) Participants who applied to participate in the pilot work
program prior to the participant's sentencing in a county where a
repayment, retraining, and reclamation factory is in operation;
(b) Participants who applied to participate in the pilot work
program prior to the participant's sentencing in a county adjacent
to a county where a repayment, retraining, and reclamation factory
is in operation;
(c) Participants who applied to participate in the pilot work
program prior to the participant's sentencing in a county other
than a county where a repayment, retraining, and reclamation
factory is in operation or a county adjacent to a county where a
repayment, retraining, and reclamation factory is in operation;
(d) Participants confined in a prison.
(3) A sentencing court may consider an offender's submission
prior to sentencing of an application to participate in the pilot
work program in determining the sentence to be imposed on an
offender.
(F)(1) Participants in the pilot work program shall
manufacture goods at repayment, retraining, and reclamation
factories and repayment, retraining, and reclamation prisons.
(2)(a) The department of rehabilitation and correction shall
pay a participant in the pilot work program for the participant's
work in the pilot work program at the same rate paid to
participants in work programs established under section 5145.16 of
the Revised Code. The department shall designate a financial
manager for the pilot work program.
(b) The net earnings of a participant in the pilot work
program shall be allocated in the same manner as the earnings of
participants in work programs under section 5145.16 of the Revised
Code. Twenty-five per cent of the earnings allocated to the
account of the participant shall be held by a financial manager in
accordance with divisions (F)(2)(c) and (d) of this section.
(c) The financial manager shall hold the earnings surrendered
by a participant on behalf of the participant, place the earnings
surrendered by each participant in a separate account, and provide
a monthly account statement to the participant. The financial
manager shall place a participant's earnings in an
interest-bearing savings account at a savings bank or in a bond
account invested in bonds issued by the United States treasury,
this state, or a political subdivision of this state that is
chosen by the participant.
(d) The financial manager shall pay out the total funds held
on behalf of a participant to the participant upon the
participant's release from incarceration. The financial manager
shall maintain complete and accurate records with respect to all
money received from and paid out to participants.
(G)(1) The director of rehabilitation and correction or the
director's designee shall determine the goods to be manufactured
by the participants in the pilot work program at each repayment,
retraining, and reclamation factory and repayment, retraining, and
reclamation prison. If required by division (G)(2)(d) or (3)(f) of
this section, the department shall discontinue the pilot work
program's manufacture of the good, and the director or the
director's designee shall determine a different good to be
manufactured at the repayment, retraining, and reclamation
factories and repayment, retraining, and reclamation prisons that
had been manufacturing the discontinued good.
(2)(a) Subject to division (G)(2)(c) of this section, in
determining the goods to be manufactured at each repayment,
retraining, and reclamation factory and repayment, retraining, and
reclamation prison, the director or the director's designee shall
consider only those goods that the director or the director's
designee determines can be produced by participants and sold for
profit on the open market on a competitive basis. The director or
the director's designee shall consider all of the following
factors in determining the goods to be manufactured:
(i) The potential for the department to make the most profit
from the good among the goods being considered, based on all
business factors and projections and the skills that participants
must have in order to produce the good;
(ii) The likelihood that the department will be required to
end the production of the good;
(iii) The potential that the production of the good will
provide the greatest opportunity for participants engaged in the
good's production to obtain transferable skills and professional
or occupational certificates and licenses.
(b) The department shall determine whether a good under
consideration for manufacture by the pilot work program, or a
substantially similar good, is being manufactured in the United
States, and, if the good under consideration or a substantially
similar good is being manufactured in the United States, the
percentage of the world's total production of the good and any
substantially similar good that is being manufactured in the
United States. Goods manufactured in the United States by criminal
offenders participating in other federal, state, and local work
programs shall not be included in the determination of the
percentage of the world's total production of a good and any
substantially similar good being manufactured in the United States
for purposes of this division.
(c) In determining the goods to be manufactured by the pilot
work program, except as otherwise provided in this division, the
director or the director's designee shall choose goods that are
not being manufactured, and that are not substantially similar to
goods being manufactured, in the United States. However, the
director or the director's designee may choose a good that is
being manufactured in the United States or that is substantially
similar to a good that is being manufactured in the United States
if not more than one-half of one per cent of the world's total
production of the good was manufactured in the United States over
the preceding three years if the director has reason to believe
that one or more manufacturers are manufacturing the good in the
United States with the intent of preventing the pilot work program
from manufacturing the good and any substantially similar good due
to the restriction in this division on the choice of a good that
is being manufactured in the United States. In making a
determination under this division, the director or the director's
designee shall examine the following factors:
(i) The ownership, parent, affiliates and subsidiaries, and
management of the manufacturers;
(ii) The source of capital of the manufacturers;
(iii) The net profits and projected net profits of the
manufacturers;
(iv) The date manufacturing began;
(v) The relationship of the manufacturers to the world's
large foreign manufacturers;
(vi) The independence of the manufacturers;
(vii) Other factors and circumstances relevant to the
determination.
(d) Every ten years after the manufacture of a good by
participants in the pilot work program begins at a repayment,
retraining, and reclamation factory or repayment, retraining, and
reclamation prison, the department shall determine whether more
than one per cent of the world's total production of the good and
substantially similar goods are being profitably manufactured in
the United States. If more than one per cent of the world's total
production of the good and substantially similar goods are being
profitably manufactured in the United States at that time, the
department shall discontinue the pilot work program's manufacture
of that good, and the director or the director's designee shall
determine in accordance with division (G)(2)(c) of this section a
different good to be manufactured at the repayment, retraining,
and reclamation factories and repayment, retraining, and
reclamation prisons that had been manufacturing the discontinued
good.
(e) In any legal proceeding challenging the department's
determination of a good to be manufactured by the participants in
the pilot work program, a court shall use objective market data to
determine the percentage of the good and substantially similar
goods that are being manufactured in the United States. The court
shall make its determination in an expeditious manner but shall
not issue an injunction against the pilot work program's
manufacture of the selected good prior to the court's
determination.
(3)(a) The department may contract with a private individual,
corporation, partnership, or association for work for participants
in the pilot work program that involves the assembly, processing,
manufacture, or repair of parts or components for goods being
manufactured or produced by the contracting party if the director
or the director's designee determines that the pilot work program
is unable or is not likely to produce a good that can be sold for
profit on the open market on a competitive basis or determines
that such a contract would better meet the needs and obtain the
goals of the pilot work program. All contracts shall be made in
writing. The department shall use any profits resulting from the
contract to pay the expenses of the pilot work program. The
contract shall comply with the Revised Code and federal law.
(b) The department shall advertise for written contract
offers in a newspaper of general circulation in the county where
the participants would be engaged in the assembly, processing,
manufacture, or repair of the parts or components. The department
shall adopt rules under Chapter 119. of the Revised Code
pertaining to the advertisement for and receipt of contract
offers.
(c) The director or the director's designee shall consider
only work that will meet the needs and obtain the goals of the
pilot work program. The director or the director's designee, and
any other person involved in reviewing contract offers, shall
consider all of the following factors prior to entering into the
contract:
(i) The amount of profit the department would make from
entering into and participating in the contract;
(ii) The skills that participants must have in order to
assemble, process, manufacture, or repair the parts or components
that would be assembled, processed, manufactured, or repaired
under the contract;
(iii) The likelihood that the department will be required to
end the assembly, processing, manufacture, or repair of the parts
or components for the contracting party;
(iv) The opportunity for participants engaged in the
assembly, processing, manufacture, or repair of the parts or
components to obtain transferable skills and professional or
occupational certificates and licenses.
(d) The director or the director's designee may reject any or
all of the initial contract offers. If the director or the
director's designee rejects all of the initial contract offers,
the department shall readvertise for contract offers and may
continue to readvertise for contract offers until the director or
the director's designee enters into a contract for work under
division (G)(3) of this section or elects to proceed under
division (G)(2) of this section.
(e) No person involved in the selection of a contract for a
work project for participants in the pilot work program shall have
any interest, directly or indirectly, in any contract or lease
entered into by the department.
(f) If the contracting party ends the manufacture or
production of the goods or components that were the subject of the
contract or at the end of the contract unless the contract is
renewed, the department shall discontinue the pilot work program's
manufacture of the parts or components, and the director or the
director's designee shall determine a different good to be
manufactured at the repayment, retraining, and reclamation
factories and repayment, retraining, and reclamation prisons that
had been manufacturing the parts or components.
(H)(1) If the department of rehabilitation and correction
manufactures a good selected pursuant to division (G)(2) of this
section, the department shall sell the goods manufactured by the
pilot work program on the open market in this state for the
greatest possible profit. The department shall use any profit
resulting to pay the expenses of the pilot work program. The
department shall pay any expenses of the pilot work program that
are not paid from the profit resulting from the operation of the
pilot work program.
(2) The department may actively market the goods manufactured
by the pilot work program pursuant to division (G)(2) of this
section to the federal government, the state and local governments
of this state, state and local governments of other states, the
District of Columbia, and all not-for-profit organizations in the
United States or elsewhere.
(3) The department shall not transport or arrange for the
transportation of the goods in interstate commerce in violation of
18 U.S.C. 1761. The department shall attempt to obtain a waiver
from the federal government from the provisions of 18 U.S.C. 1761
or find an alternative method for legally transporting and selling
the goods manufactured by the pilot work program on the open
market in other states and countries. If the department obtains a
waiver from the federal government, the department may sell the
goods manufactured by the pilot work program on the open market in
other states and countries.
(4) The department may acquire or develop intellectual
property of any kind in connection with the operation of the pilot
work program, including, but not limited to, patents, inventions,
discoveries, processes, or ideas, subject to the discretion of the
director or the director's designee, and may apply for and secure
patents from the United States patent and trademark office. The
department may protect the department's patent rights in
accordance with Title 35 of the United States Code.
(I)(1) The department of rehabilitation and correction, to
the extent consistent with the operation of the pilot work
program, shall assist participants in learning a trade or in
obtaining a certificate or license to engage in an occupation or
profession.
(2) The department shall maintain records of a participant's
work history in the pilot work program, including, but not limited
to, the department's monthly performance ratings of the
participant, and shall provide these records to an employer at the
request of the participant.
(J)(1)(a) Each county in which a repayment, retraining, and
reclamation factory is established and operated shall have a
population in excess of five hundred thousand. Each repayment,
retraining, and reclamation factory shall be designed to
accommodate at least one thousand participants.
(b) The department shall not operate a repayment, retraining,
and reclamation factory in or on the grounds of a prison or jail.
The department shall locate the repayment, retraining, and
reclamation factories in a variety of urban, suburban, and rural
locations that are at least one mile from a prison.
(c) The department shall construct, renovate, or acquire
housing near each repayment, retraining, and reclamation factory
that is within walking distance from the repayment, retraining,
and reclamation factory. Participants residing in the housing
shall be under the custody of the department. The housing and
repayment, retraining, and reclamation factory shall have minimal
security and maximum flexibility to achieve maximum productivity.
(2)(a) The department shall appoint or hire managers who
shall be responsible for the operation of each repayment,
retraining, and reclamation factory and each pilot work program
established at a repayment, retraining, and reclamation prison.
The department shall set the salary of the managers. The manager
of a repayment, retraining, and reclamation factory shall have the
authority to hire and fire the senior staff at the repayment,
retraining, and reclamation factory at the manager's discretion.
The manager of a pilot work program at a repayment, retraining,
and reclamation prison shall have the authority to hire and fire
the pilot work program senior staff at the manager's discretion.
The manager shall set the salaries of the senior staff. The
salaries shall not exceed the manager's salary. If the department
objects to any of the salaries set by the manager for senior
staff, the salary must be approved by the controlling board.
(b) The department shall award a bonus to the manager and
senior staff of a repayment, retraining, and reclamation factory
or a pilot work program operated at a repayment, retraining, and
reclamation prison based on the net profit resulting from the
operation of that repayment, retraining, and reclamation factory
or that pilot work program. Twenty per cent of the net profit
shall be awarded to the manager and senior staff, weighted based
on salary.
(3)(a) The department shall be responsible for the
construction and renovation of manufacturing facilities at
repayment, retraining, and reclamation factories, as needed. The
department may enter into any contracts and perform any other
functions necessary for the construction of repayment, retraining,
and reclamation factories or may require the department of
administrative services to enter into a lease-purchase plan under
division (A)(10) of section 123.01 of the Revised Code providing
for the construction of a repayment, retraining, and reclamation
factory and the lease of the factory to the department of
rehabilitation and correction.
(b) The department may enter into any contracts and perform
any other functions necessary for the operation and maintenance of
repayment, retraining, and reclamation factories and for the
renovation of manufacturing facilities at repayment, retraining,
and reclamation factories as needed.
(c) At the discretion of the director, a participant in the
pilot work program may assist in the construction or renovation of
a repayment, retraining, and reclamation factory. To the extent
practical, participants in the pilot work program shall provide
maintenance, cleaning, and dietary services at repayment,
retraining, and reclamation factories and at repayment,
retraining, and reclamation prisons to make repayment, retraining,
and reclamation factories and repayment, retraining, and
reclamation prisons as self-sufficient as possible, unless the
director determines it is more profitable, on a per-participant
basis, to contract for services. The director's determination
shall be included in the written report distributed to each member
of the general assembly under division (N)(1) of this section.
(4) A repayment, retraining, and reclamation factory
qualifies as a community-based correctional facility and program
and may receive awards from the local government innovation fund
as a local government innovation project.
(5) A repayment, retraining, and reclamation factory
qualifies as a state correctional institution for purposes of
section 103.73 of the Revised Code.
(6) The state highway patrol shall investigate any criminal
offense that allegedly has been committed in or on the grounds of,
or in connection with, a repayment, retraining, and reclamation
factory.
(7) The department shall provide security at repayment,
retraining, and reclamation factories.
(K) The department of rehabilitation and correction, with the
authorization of the director of the department, may establish and
operate the pilot work program in any prison. The director shall
not authorize the operation of a pilot work program at a prison
unless the director determines that the pilot work program can be
operated profitably at the prison and a sufficient number of
participants and qualified applicants are available as necessary
for the operation of the pilot work program.
(L) Subject to section 2929.14 of the Revised Code or any
other section of the Revised Code that prohibits the reduction of
a prison term, a participant serving a prison term for one or more
offenses shall earn one day of credit as a deduction from the
participant's prison term for each day during which the
participant productively participates in the pilot work program at
a repayment, retraining, and reclamation factory. The department
of rehabilitation and correction shall adopt rules pursuant to
Chapter 119. of the Revised Code defining what constitutes
productive participation and setting procedures for determining
whether a participant is productively participating in the pilot
work program.
(M)(1)(a) If a participant at a repayment, retraining, and
reclamation factory or repayment, retraining, and reclamation
prison violates any of the rules adopted by the department of
rehabilitation and correction for the operation of the pilot work
program, the director of the department or, if authorized by the
director, the manager of the participant's repayment, retraining,
and reclamation factory or pilot work program at a repayment,
retraining, and reclamation prison, may end the offender's
participation in the pilot work program. The director may end any
offender's participation in the pilot work program, at the
director's discretion, at any time. A participant has no property
right in the participant's selection to or participation in the
pilot work program.
(b) A participant may resign from the pilot work program at
any time by submitting notice of the participant's resignation to
the department of rehabilitation and correction or the manager of
the participant's repayment, retraining, and reclamation factory
or pilot work program at a repayment, retraining, and reclamation
prison. The participant's resignation may be considered by the
department if the offender applies to participate in the pilot
work program at a later date.
(2) The department shall return a participant who resigns
from the pilot work program to prison to serve the remainder of
the offender's prison term. If the director or the manager of a
participant's repayment, retraining, and reclamation factory or
pilot work program at a repayment, retraining, and reclamation
prison ends an offender's participation in the pilot work program
and the offender was selected to participate in the pilot work
program under division (E)(1) of this section, the department
shall return the offender to prison to serve the remainder of the
offender's prison term except as provided in division (M)(3) of
this section.
(3) If the director or the manager of a participant's
repayment, retraining, and reclamation factory or pilot work
program at a repayment, retraining, and reclamation prison ends an
offender's participation in the pilot work program due to the
offender's violation of the rules adopted by the department under
division (O) of this section, the department shall notify the
offender's sentencing court, and the sentencing court shall return
the offender to prison to serve the remainder of the offender's
prison term and may impose any additional prison term that the
court included in the offender's sentence under division
(E)(1)(b)(ii) of this section.
(N)(1) Each fifth year after the establishment of the pilot
work program, the director of rehabilitation and correction shall
prepare a written report on the operation of the pilot work
program. The report shall contain the director's recommendations
for the operation of the pilot work program. The department shall
distribute a copy of the director's report to each member of the
general assembly.
(2) Annually after the establishment of the pilot work
program, the director of rehabilitation and correction shall
prepare a written report on the effectiveness of the pilot work
program, the condition of the finances of the pilot work program,
the impact of the pilot work program on the rate of recidivism of
those participants in the pilot work program who did not resign
from and were not removed from the pilot work program, and all
direct and indirect financial savings that result from the
operation of the pilot work program.
(O) The department of rehabilitation and correction may adopt
pursuant to Chapter 119. of the Revised Code any rules not
otherwise required by this section that are necessary to implement
and operate the pilot work program. Rules adopted by the
department pursuant to section 5145.03 of the Revised Code shall
not apply to the pilot work program.
(P) All records pertaining to the establishment and operation
of the pilot work program kept by any public office are public
records as defined in section 149.43 of the Revised Code.
Sec. 5120.0371. (A)(1) At any time after two years after the
effective date of this section, a board of county commissioners,
by resolution, may establish a local pilot work program and
establish and operate a local repayment, retraining, and
reclamation factory or may enter into a contract with one or more
counties to establish a local pilot work program and establish and
operate a local repayment, retraining, and reclamation factory, if
the county, or the counties that have entered into such an
agreement determine that the county or counties will be able to do
both of the following:
(a) Establish and operate a local repayment, retraining, and
reclamation factory that can accommodate a minimum of five hundred
participants;
(b) Fill a minimum of eighty per cent of the local repayment,
retraining, and reclamation factory's positions for a minimum
period of ten years.
(2) The state shall fund all local repayment, retraining, and
reclamation factories established under this division from the
same line item appropriation amount in each biennial operating
appropriation act that funds community-based correctional
facilities, if the county or counties substantiate that the county
or counties are able to establish and operate a local repayment,
retraining, and reclamation factory in accordance with division
(A)(1) of this section. All profits resulting from the operation
of a local repayment, retraining, and reclamation factory shall be
deposited into the state treasury to the credit of the fund that
funds community-based correctional facilities.
(3) The sheriff of the county in which the local repayment,
retraining, and reclamation factory is located shall supervise the
local pilot work program and the operation of the local repayment,
retraining, and reclamation factory.
(B) A local pilot work program shall have the following
goals:
(1) To reduce county spending on the costs of incarcerating
misdemeanants in jails without affecting public safety;
(2) To provide job training to local pilot work program
participants and assist local pilot work program participants in
obtaining occupational and professional licenses and certificates
in order to improve a local pilot work program participant's
employability following the participant's release from jail or
completion of the participant's period of community control
sanctions;
(3) To reclaim the production of goods not made in the United
States in order to reduce the nation's trade deficit;
(4) To create, directly and indirectly, manufacturing jobs in
the state.
(C)(1) If an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence and has been sentenced to a community control sanction
under section 2929.13 of the Revised Code or submits an
application to participate in the local pilot work program prior
to sentencing, or is convicted of or pleads guilty to one or more
misdemeanors none of which is an offense of violence, the offender
is eligible to participate in a local pilot work program at a
local repayment, retraining, and reclamation factory established
and operated under this section if the offender has not less than
two months remaining on the term of the offender's community
control sanction or jail term.
(2) The sheriff may, based on documented safety, behavior,
and performance concerns, designate an offender who is an eligible
offender under division (C)(1) of this section as an ineligible
offender, but shall not unreasonably withhold an offender's
eligibility.
(D)(1) An eligible offender is not required to participate in
the local pilot work program.
(2) An eligible offender serving a sentence in a jail or
serving a community control sanction who wishes to participate in
a local pilot work program shall submit an application to
participate in the local pilot work program to the sheriff of the
county in which a local repayment, retraining, and reclamation
factory is established and operating. The sheriff shall adopt
rules governing the application process under this division.
(3) An eligible offender who wishes to participate in a local
pilot work program may submit an application to participate in the
local pilot work program to the sheriff of the county in which a
local repayment, retraining, and reclamation factory is
established and operating prior to sentencing. The sheriff shall
adopt rules governing the application process under this division.
(4) The rules adopted under division (D)(3) of this section
shall include provisions that ensure that all eligible offenders
are made aware of the local pilot work program at least
forty-eight hours prior to the deadline for submitting an
application prior to sentencing. The rules also shall include
provisions that ensure that all eligible misdemeanants receive
notice that the sentencing court may include as part of the
misdemeanant's sentence a sentence of up to one-half of the
offender's jail term, subject to the limits set forth in division
(E)(1)(b)(iii) of this section, that the court may require the
offender to serve if the sheriff removes the offender from the
local pilot work program and that all eligible offenders sentenced
to a community control sanction receive notice that the offender
shall be required to serve the remainder of the offender's
community control sanction if the sheriff removes the offender
from the local pilot work program. The sheriff of the county in
which an eligible offender will be sentenced shall provide the
notices required by this division.
(E)(1)(a)(i) The sheriff shall review all applications
submitted to the sheriff pursuant to division (D)(2) of this
section. The sheriff shall adopt rules governing the sheriff's
review of the applications and the sheriff's identification of
those applicants who are best suited to participate in the local
pilot work program. The sheriff shall give all applicants who are
eligible offenders equal access to the local pilot work program
and shall not differentiate between applicants based on
educational level, chronic physical or mental illness, or gender.
The sheriff, with the written consent of the presiding or
sentencing judge or magistrate of the court where the offender's
sentence was imposed, may place those applicants who the sheriff
identified as best suited to participate in the local pilot work
program in available vacancies in local repayment, retraining, and
reclamation factories in accordance with divisions (C), (D), and
(E) of this section. The sheriff may use a variety of means to
determine an offender's suitability to participate in the local
pilot work program, including, but not limited to, Ohio risk
assessment system tools and scores.
(ii) The sheriff shall adopt rules governing the sheriff's
selection of eligible offenders to participate in the local pilot
work program from those identified as best suited to participate
in the local pilot work program and for obtaining the written
consent of the sentencing court.
(b)(i) The sheriff shall set a uniform deadline for an
offender's submission of an application pursuant to division
(D)(3) of this section. If an offender submits the application
prior to the deadline set by the sheriff, the sheriff or sheriff's
designee shall review the offender's application prior to the
offender's sentencing. The sheriff or sheriff's designee shall
determine the offender's suitability to participate in the local
pilot work program and provide written notice to the offender and
the sentencing court of the sheriff's or sheriff designee's
determination by a time prior to the offender's sentencing that is
adequate for the offender's and court's consideration of the
notice. The sheriff may use a variety of means to determine an
offender's suitability to participate in the local pilot work
program, including, but not limited to, Ohio risk assessment
system tools and scores. The deadline set by the sheriff for the
offender's submission of an application pursuant to division
(D)(3) of this section shall be a minimum number of days prior to
the offender's sentencing that is sufficient to allow the sheriff
or sheriff's designee to review the application, determine the
offender's suitability to participate in the local pilot work
program, and provide written notification of the sheriff's or
sheriff designee's determination of the offender's suitability to
participate in the local pilot work program to the offender and
the sentencing court prior to the offender's sentencing that is
adequate for the offender's and court's consideration of the
notice.
(ii) The sheriff shall adopt rules governing the sheriff's or
sheriff designee's review of the applications submitted pursuant
to division (D)(3) of this section, the means used to determine
the offender's eligibility to participate in the local pilot work
program, and for the provision of the written notification to the
offender and the sentencing court.
(iii) The sentencing court shall consider the written
notification received from the sheriff when sentencing the
offender. If the court sentences the offender to a community
control sanction or a jail term of more than two months, the
offender is eligible to participate in a local pilot work program
under division (C) of this section, the sheriff has determined
both that the offender is suitable to participate in the local
pilot work program and that the local repayment, retraining, and
reclamation factory has an available vacancy, and the sheriff has
provided written notification of the sheriff's determination to
the sentencing court, the court may order the sheriff to accept
the offender as a participant in the local pilot work program. The
sentencing court may include as part of an offender's jail term an
additional jail term of up to one-half of the stated jail term
that the court may require the offender to serve if the offender's
participation in the local pilot work program is ended under
division (M) of this section. The additional sentence shall not
exceed in combination with the stated jail term the maximum jail
term that the court may impose for the offenses under Chapter
2929. of the Revised Code. The sheriff or sheriff's designee shall
place these offenders in available vacancies in the local
repayment, retraining, and reclamation factory, subject to the
offender being an eligible offender under division (C) of this
section at the time that a vacancy becomes available. The court
retains jurisdiction over these offenders for purposes of imposing
penalties under division (M) of this section if the offender's
participation in the local pilot work program is ended. If the
court does not order the sheriff or sheriff's designee to accept
the offender as a participant in the local pilot work program, the
offender may submit one application to participate in the local
pilot work program under division (D)(2) of this section while the
offender is serving a jail term or community control sanction.
(2) The sheriff shall prioritize the placement of the
offenders whom the sheriff has selected to participate in the
local pilot work program. The sheriff shall place the participants
in the following order of priority:
(a) Participants who applied to participate in the local
pilot work program prior to the participant's sentencing in a
county operating, or under contract with one or more other
counties for the operation of, a local pilot work program and
local repayment, retraining, and reclamation factory;
(b) Participants confined in a jail located in a county
operating, or under contract with one or more other counties for
the operation of, a local pilot work program and local repayment,
retraining, and reclamation factory;
(c) Participants who applied to participate in the local
pilot work program prior to the participant's sentencing in a
county adjacent to a county operating, or under contract with one
or more other counties for the operation of, a local pilot work
program;
(d) Participants confined in a jail located in a county
adjacent to a county operating, or under contract with one or more
other counties for the operation of, a local pilot work program;
(e) Participants who applied to participate in the local
pilot work program prior to the participant's sentencing in a
county other than those identified in divisions (E)(2)(a) and (c)
of this section;
(f) Participants confined in a jail or serving a community
control sanction in a county other than those identified in
divisions (E)(2)(b) and (d) of this section.
(3) A sentencing court may consider an offender's submission
prior to sentencing of an application to participate in the local
pilot work program in determining the sentence to be imposed on an
offender.
(F)(1) Participants in a local pilot work program shall
manufacture goods at the local repayment, retraining, and
reclamation factory.
(2)(a) The sheriff shall pay a participant in the local pilot
work program for the participant's work in the local pilot work
program at the same rate paid to participants in work programs
established under section 5145.16 of the Revised Code. The sheriff
shall designate a financial manager for the local pilot work
program.
(b) The net earnings of a participant in the local pilot work
program shall be allocated in the same manner as the earnings of
participants in work programs under section 5145.16 of the Revised
Code. Twenty-five per cent of the earnings allocated to the
account of the participant shall be surrendered to and held by a
financial manager in accordance with divisions (F)(2)(c) and (d)
of this section.
(c) The financial manager shall hold the earnings surrendered
by a participant on behalf of the participant, place the earnings
surrendered by each participant in a separate account, and provide
a monthly account statement to the participant. The financial
manager shall place a participant's earnings in an
interest-bearing savings account at a savings bank or in a bond
account invested in bonds issued by the United States treasury,
this state, or a political subdivision of this state that is
chosen by the participant.
(d) The financial manager shall pay out the total funds held
on behalf of a participant to the participant upon the
participant's release from incarceration or completion of the
participant's period of community control sanctions. The financial
manager shall maintain complete and accurate records with respect
to all money received from and paid out to participants.
(G)(1) The sheriff or the sheriff's designee shall determine
the goods to be manufactured by the participants in the local
pilot work program at the local repayment, retraining, and
reclamation factory. If required by division (G)(2)(d) or (3)(f)
of this section, the sheriff shall discontinue the local pilot
work program's manufacture of the good, and the sheriff or the
sheriff's designee shall determine a different good to be
manufactured at the local repayment, retraining, and reclamation
factory that had been manufacturing the discontinued good.
(2)(a) Subject to division (G)(2)(c) of this section, in
determining the goods to be manufactured at the local repayment,
retraining, and reclamation factory, the sheriff or the sheriff's
designee shall consider only those goods that the sheriff or the
sheriff's designee determines can be produced by participants and
sold for profit on the open market on a competitive basis. The
sheriff or the sheriff's designee shall consider all of the
following factors in determining the goods to be manufactured:
(i) The potential to make the most profit from the good among
the goods being considered, based on all business factors and
projections and the skills that participants must have in order to
produce the good;
(ii) The likelihood that the sheriff will be required to end
the production of the good;
(iii) The potential that the production of the good will
provide the greatest opportunity for participants engaged in the
good's production to obtain transferable skills and professional
or occupational certificates and licenses.
(b) The sheriff or sheriff's designee shall determine whether
a good under consideration for manufacture by the local pilot work
program, or a substantially similar good, is being manufactured in
the United States, and, if the good under consideration or a
substantially similar good is being manufactured in the United
States, the percentage of the world's total production of the good
and any substantially similar good that is being manufactured in
the United States. Goods manufactured in the United States by
criminal offenders participating in other federal, state, and
local work programs shall not be included in the determination of
the percentage of the world's total production of a good and any
substantially similar good being manufactured in the United States
for purposes of this division.
(c) In determining the goods to be manufactured by the local
pilot work program, except as otherwise provided in this division,
the sheriff or the sheriff's designee shall choose goods that are
not being manufactured, and that are not substantially similar to
goods being manufactured, in the United States. However, the
sheriff or the sheriff's designee may choose a good that is being
manufactured in the United States or that is substantially similar
to a good that is being manufactured in the United States if not
more than one-half of one per cent of the world's total production
of the good was manufactured in the United States over the
preceding three years if the sheriff or sheriff's designee has
reason to believe that one or more manufacturers are manufacturing
the good in the United States with the intent of preventing the
local pilot work program from manufacturing the good and any
substantially similar good due to the restriction in this division
on the choice of a good that is being manufactured in the United
States. In making a determination under this division, the sheriff
or the sheriff's designee shall examine the following factors:
(i) The ownership, parent, affiliates and subsidiaries, and
management of the manufacturers;
(ii) The source of capital of the manufacturers;
(iii) The net profits and projected net profits of the
manufacturers;
(iv) The date manufacturing began;
(v) The relationship of the manufacturers to the world's
large foreign manufacturers;
(vi) The independence of the manufacturers;
(vii) Other factors and circumstances relevant to the
determination.
(d) Every ten years after the manufacture of a good by
participants in the local pilot work program begins at a local
repayment, retraining, and reclamation factory, the sheriff or
sheriff's designee shall determine whether more than one per cent
of the world's total production of the good and substantially
similar goods are being profitably manufactured in the United
States. If more than one per cent of the world's total production
of the good and substantially similar goods are being profitably
manufactured in the United States at that time, the sheriff shall
discontinue the local pilot work program's manufacture of that
good, and the sheriff or the sheriff's designee shall determine in
accordance with division (G)(2)(c) of this section a different
good to be manufactured at the local repayment, retraining, and
reclamation factory that had been manufacturing the discontinued
good.
(e) In any legal proceeding challenging the sheriff's or
sheriff designee's determination of a good to be manufactured by
the participants in the local pilot work program, a court shall
use objective market data to determine the percentage of the good
and substantially similar goods that are being manufactured in the
United States. The court shall make its determination in an
expeditious manner but shall not issue an injunction against the
local pilot work program's manufacture of the selected good prior
to the court's determination.
(3)(a) The sheriff may contract with a private individual,
corporation, partnership, or association for work for participants
in the local pilot work program that involves the assembly,
processing, manufacture, or repair of parts or components for
goods being manufactured or produced by the contracting party if
the sheriff or the sheriff's designee determines that the local
pilot work program is unable or is not likely to produce a good
that can be sold for profit on the open market on a competitive
basis or determines that such a contract would better meet the
needs and obtain the goals of the local pilot work program. All
contracts shall be made in writing. The sheriff shall deposit all
profits resulting from the contract into the state treasury to the
credit of the fund that funds community-based correctional
facilities. The contract shall comply with the Revised Code and
federal law.
(b) The sheriff shall advertise for written contract offers
in a newspaper of general circulation in the county where the
participants would be engaged in the assembly, processing,
manufacture, or repair of the parts or components. The sheriff
shall adopt rules pertaining to the advertisement for and receipt
of contract offers.
(c) The sheriff or the sheriff's designee shall consider only
work that will meet the needs and obtain the goals of the local
pilot work program. The sheriff or the sheriff's designee, and any
other person involved in reviewing contract offers, shall consider
all of the following factors prior to entering into the contract:
(i) The amount of profit the local pilot work program would
make from entering into and participating in the contract;
(ii) The skills that participants must have in order to
assemble, process, manufacture, or repair the parts or components
that would be assembled, processed, manufactured, or repaired
under the contract;
(iii) The likelihood that the sheriff will be required to end
the assembly, processing, manufacture, or repair of the parts or
components for the contracting party;
(iv) The opportunity for participants engaged in the
assembly, processing, manufacture, or repair of the parts or
components to obtain transferable skills and professional or
occupational certificates and licenses.
(d) The sheriff or the sheriff's designee may reject any or
all of the initial contract offers. If the sheriff or the
sheriff's designee rejects all of the initial contract offers, the
sheriff shall readvertise for contract offers and may continue to
readvertise for contract offers until the sheriff or the sheriff's
designee enters into a contract for work under division (G)(3) of
this section or elects to proceed under division (G)(2) of this
section.
(e) No person involved in the selection of a contract for a
work project for participants in the local pilot work program
shall have any interest, directly or indirectly, in any contract
or lease entered into by the sheriff or the sheriff's designee.
(f) If the contracting party ends the manufacture or
production of the goods or components that were the subject of the
contract or at the end of the contract unless the contract is
renewed, the sheriff shall discontinue the local pilot work
program's manufacture of the parts or components, and the sheriff
or the sheriff's designee shall determine a different good to be
manufactured at the local repayment, retraining, and reclamation
factory that had been manufacturing the parts or components.
(H)(1) If a local repayment, retraining, and reclamation
factory manufactures a good selected pursuant to division (G)(2)
of this section, the sheriff shall sell the goods manufactured by
the local repayment, retraining, and reclamation factory on the
open market in this state for the greatest possible profit. The
sheriff shall deposit any profit resulting from the operation of
the local repayment, retraining, and reclamation factory into the
state treasury to the credit of the fund that funds
community-based correctional facilities.
(2) The sheriff may actively market the goods manufactured by
the local pilot work program pursuant to division (G)(2) of this
section to the federal government, the state and local governments
of this state, state and local governments of other states, the
District of Columbia, and all not-for-profit organizations in the
United States or elsewhere.
(3) The sheriff shall not transport or arrange for the
transportation of the goods in interstate commerce in violation of
18 U.S.C. 1761. The sheriff shall attempt to obtain a waiver from
the federal government from the provisions of 18 U.S.C. 1761 or
find an alternative method for legally transporting and selling
the goods manufactured by the local pilot work program on the open
market in other states and countries. If the sheriff obtains a
waiver from the federal government, the sheriff may sell the goods
manufactured by the local pilot work program on the open market in
other states and countries.
(4) The sheriff may acquire or develop intellectual property
of any kind in connection with the operation of the local pilot
work program, including, but not limited to, patents, inventions,
discoveries, processes, or ideas, subject to the discretion of the
sheriff or the sheriff's designee, and may apply for and secure
patents from the United States patent and trademark office. The
sheriff may protect the sheriff's patent rights in accordance with
Title 35 of the United States Code.
(I)(1) The sheriff, to the extent consistent with the
operation of the local pilot work program, shall assist
participants in learning a trade or in obtaining a certificate or
license to engage in an occupation or profession.
(2) The sheriff shall maintain records of a participant's
work history in the local pilot work program, including, but not
limited to, the sheriff's monthly performance ratings of the
participant, and shall provide these records to an employer at the
request of the participant.
(J) The sheriff shall not operate a local repayment,
retraining, and reclamation factory in or on the grounds of a
prison or jail. The sheriff shall construct, renovate, or acquire
housing near each local repayment, retraining, and reclamation
factory that is within walking distance from the local repayment,
retraining, and reclamation factory for those participants who are
serving a jail term. Participants residing in the housing shall be
under the custody of the sheriff. The housing and local repayment,
retraining, and reclamation factory shall have minimal security
and maximum flexibility to achieve maximum productivity.
(K)(1) The sheriff shall appoint or hire a manager who shall
be responsible for the operation of each local repayment,
retraining, and reclamation factory. The sheriff shall set the
salary of the manager. The manager of a local repayment,
retraining, and reclamation factory shall have the authority to
hire and fire the senior staff at the local repayment, retraining,
and reclamation factory at the manager's discretion. The manager
shall set the salaries of the senior staff. The salaries shall not
exceed the manager's salary. If the sheriff objects to any of the
salaries set by the manager for senior staff, the salary must be
approved by the board of county commissioners. The sheriff shall
award a bonus to the manager and senior staff of a local
repayment, retraining, and reclamation factory based on the net
profit resulting from the operation of that local repayment,
retraining, and reclamation factory. Twenty per cent of the net
profit shall be awarded to the manager and senior staff, weighted
based on salary.
(2)(a) The sheriff shall be responsible for the construction
and renovation of manufacturing facilities at a local repayment,
retraining, and reclamation factory, as needed. The sheriff may
enter into any
contracts and perform any other functions
necessary for the construction of a local repayment, retraining,
and reclamation factory.
(b) The sheriff may enter into any contracts and perform any
other functions necessary for the operation and maintenance of a
local repayment, retraining, and reclamation factory and for the
renovation of manufacturing facilities at a local repayment,
retraining, and reclamation factory as needed.
(c) At the discretion of the sheriff, a participant in the
local pilot work program may assist in the construction or
renovation of a local repayment, retraining, and reclamation
factory. To the extent practical, participants in the local pilot
work program shall provide maintenance, cleaning, and dietary
services at the local repayment, retraining, and reclamation
factory to make the local repayment, retraining, and reclamation
factory as self-sufficient as possible, unless the sheriff
determines it is more profitable, on a per-participant basis, to
contract for services. The sheriff's determination shall be
included in the written report distributed to each member of the
general assembly under division (N)(1) of this section.
(3) A local repayment, retraining, and reclamation factory
qualifies as a community-based correctional facility and program
and may receive awards from the local government innovation fund
as a local government innovation project.
(4) The sheriff shall investigate any criminal offense that
allegedly has been committed in or on the grounds of, or in
connection with, a local repayment, retraining, and reclamation
factory.
(5) The sheriff shall provide security at the local
repayment, retraining, and reclamation factory.
(L) Subject to section 2929.24 of the Revised Code or any
other section of the Revised Code that prohibits the reduction of
a jail term, a participant serving a jail term for one or more
offenses shall earn one day of credit as a deduction from the
participant's jail term for each day during which the participant
productively participates in the local pilot work program at a
local repayment, retraining, and reclamation factory. The sheriff
shall adopt rules defining what constitutes productive
participation and setting procedures for determining whether a
participant is productively participating in the local pilot work
program.
(M)(1)(a) If a participant at a local repayment, retraining,
and reclamation factory violates any of the rules adopted by the
sheriff for the operation of a local pilot work program, the
sheriff or, if authorized by the sheriff, the manager of the
participant's local repayment, retraining, and reclamation
factory, may end the offender's participation in the local pilot
work program. The sheriff may end any offender's participation in
the local pilot work program, at the sheriff's discretion, at any
time. A participant has no property right in the participant's
selection to or participation in the local pilot work program.
(b) A participant may resign from the local pilot work
program at any time by submitting notice of the participant's
resignation to the sheriff or the manager of the participant's
local repayment, retraining, and reclamation factory. The
participant's resignation may be considered by the sheriff if the
offender applies to participate in the local pilot work program at
a later date.
(2) The sheriff shall return a participant who resigns from
the local pilot work program to jail to serve the remainder of the
offender's jail term or, if the offender was sentenced to a
community control sanction, the sheriff shall return the
participant to the control of the participant's supervising
department of probation. If the sheriff or the manager of a
participant's local repayment, retraining, and reclamation factory
ends an offender's participation in the local pilot work program
and the offender was selected to participate in the local pilot
work program under division (E)(1) of this section, the sheriff
shall return the offender to jail to serve the remainder of the
offender's jail term or, if the offender was sentenced to a
community control sanction, the sheriff shall return the
participant to the control of the participant's supervising
department of probation except as provided in division (M)(3) of
this section.
(3) If the sheriff or the manager of a participant's local
repayment, retraining, and reclamation factory ends an offender's
participation in the local pilot work program due to the
offender's violation of the rules adopted under division (O) of
this section, the sheriff shall notify the offender's sentencing
court. If the offender was sentenced to a jail term, the
sentencing court shall return the offender to jail to serve the
remainder of the offender's jail term and may impose any
additional jail term that the court included in the offender's
sentence under division (E)(1)(b)(iii) of this section. If the
offender was sentenced to a community control sanction, the
sentencing court may impose an additional penalty under division
(B) of section 2929.15 of the Revised Code as a violation of the
conditions of the community control sanction.
(N)(1) Each fifth year after the establishment of the local
pilot work program, the sheriff shall prepare a written report on
the operation of the local pilot work program. The report shall
contain the sheriff's recommendations for the operation of the
local pilot work program. The sheriff shall distribute a copy of
the sheriff's report to each member of the general assembly and
the board of county commissioners.
(2) Annually after the establishment of the local pilot work
program, the sheriff shall prepare a written report on the
effectiveness of the local pilot work program, the condition of
the finances of the local pilot work program, the impact of the
local pilot work program on the rate of recidivism of those
participants in the local pilot work program who did not resign
from and were not removed from the local pilot work program, and
all direct and indirect financial savings that result from the
operation of the local pilot work program.
(O) The sheriff may adopt any rules not otherwise required by
this section that are necessary to implement and operate the local
pilot work program.
(P) All records pertaining to the establishment and operation
of a local pilot work program kept by any public office are public
records as defined in section 149.43 of the Revised Code.
Sec. 5120.038. (A) The director of rehabilitation and
correction, with the approval of the governor, may provide at one
time or from time to time for the issuance of pilot work program
revenue bonds of the state for the purpose of paying all or part
of the cost of establishing and operating the pilot work program
under section 5120.037 of the Revised Code. The principal of and
interest on these bonds is payable solely from the revenues
provided from the operation of the pilot work program under
section 5120.037 of the Revised Code. The bonds shall recite an
estimate by the director of the costs to be paid from the proceeds
of the bond issue and provide for the issuance of bonds in an
amount not in excess of the estimated cost. The bonds of each
issue shall be dated, bear interest at a rate or rates not to
exceed the rate provided in section 9.95 of the Revised Code, and
mature at a time or times, not to exceed forty years from their
date or dates, as determined by the director, and may be made
redeemable before maturity, at the option of the director, at the
price or prices and under the terms and conditions as fixed by the
director prior to the issuance of the bonds. The director shall
determine the form of the bonds, including the interest coupons to
be attached to the bonds, and fix the denomination of the bonds
and the place of payment of principal and interest of the bonds,
which may be at any bank or trust company within or without the
state.
The bonds shall be signed by the governor, the secretary of
state, and the director, provided that all but one of these
signatures may be a facsimile, and shall have affixed the great
seal of Ohio or a facsimile of the great seal of Ohio. Coupons
attached to the bonds shall bear the facsimile signature of the
director. The bonds shall contain a statement on their face that
the state is not obligated to pay the face value of the bonds or
the interest on the bonds and that they do not constitute a debt,
or a pledge of the faith and credit, of the state or of any
political subdivision of the state, but that the bonds and the
interest on the bonds are payable solely from the revenues
provided from the operation of the pilot work program under
section 5120.037 of the Revised Code. If any of the officers whose
signatures or facsimiles of their signatures appear on the bonds
or coupons ceases to be such an officer before delivery of the
bonds, the signatures or facsimiles are nevertheless valid and
sufficient for all purposes as if they had remained in office
until delivery. All the bonds shall have all the qualities and
incidents of negotiable instruments under the applicable law of
this state, and the bonds and the interest on the bonds are exempt
from all taxation within this state. The bonds are lawful
investments of banks, savings banks, trust companies, savings and
loan associations, deposit guarantee associations, fiduciaries,
trustees, and trustees of the sinking fund or officer in charge of
the bond retirement fund of municipal corporations and other
subdivisions of the state and of domestic insurance companies
notwithstanding sections 3907.14 and 3925.08 of the Revised Code
and are acceptable as security for deposit of public money.
The bonds may be issued in coupon or registered form, or
both, as the director determines, and provision may be made for
the registration of any coupon bonds as to principal alone and for
the exchange of coupon bonds for bonds registered as to both
principal and interest, and for the reconversion into coupon bonds
of any bonds registered as to both principal and interest.
The director shall adopt rules for the refunding of
outstanding revenue bonds.
(B) The revenue bonds shall be sold by the director of
rehabilitation and correction to the highest bidder therefor, but
for not less than the par value of the bonds plus accrued interest
on the bonds, after a notice of sale has been published once a
week for three consecutive weeks in one newspaper in each of the
three most populous counties in the state. The notice of sale
shall state the day, hour, and place of sale, the total principal
amount of the bonds to be sold, their denominations, date, and the
dates and amounts of their maturities, whether or not they are
callable, information relative to the rates of interest that the
bonds shall bear, and the dates upon which interest is payable,
and any other information the director determines advisable.
(C) The proceeds of the bonds of each issue shall be used
solely for the payment of the costs for which the bonds were
issued.
Section 2. That existing section 2929.13 of the Revised Code
is hereby repealed.
Section 3. This act shall be known as the "Repayment,
Retraining, and Reclamation Act."
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