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S. B. No. 143 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 109.57, 307.932, 2151.311,
2151.356, 2152.26, 2907.27, 2929.26, 2953.36,
2953.61, 4510.111, 4510.16, and 5120.651 and to
enact section 122.681 of the Revised Code to
permit the Attorney General to authorize the
release of information relating to certain arrests
and delinquent child adjudications pursuant to a
request for a criminal records check; to regulate
the confidentiality of personal information
related to community service block grants; to
clarify the authority of boards of county
commissioners to establish a community alternative
sentencing center; to modify the procedure for
sentencing and admitting an eligible offender to a
community alternative sentencing center; to
clarify that an eligible offender must
successfully complete any term in a center as a
condition of a community residential sanction; to
include the best interests of the person as a
reason for which an alleged or adjudicated
delinquent child who is at least 18 but younger
than 21 may be held in an adult detention
facility; to eliminate the six-month waiting
period for making a motion or application for the
sealing of a juvenile court record; to specify
that the fact of admission and confinement in an
adult detention facility of a person under 21
generally is confidential; to authorize a court to
order restitution if a person convicted of driving
under suspension or driving under
financial-responsibility-law suspension or
cancellation fails to provide proof of financial
responsibility; to authorize a person charged with
multiple offenses in connection with the same act
to apply for the sealing of records pertaining to
an acquitted charge; to modify the requirements
regarding testing for HIV of persons charged with
specified sex offense; to increase the sentence of
imprisonment that disqualifies an inmate from
participating in the prison nursery program; and
to amend the version of section 109.57 of the
Revised Code that is scheduled to take effect
January 1, 2014, to continue the provisions of
this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 307.932, 2151.311, 2151.356,
2152.26, 2907.27, 2929.26, 2953.36, 2953.61, 4510.111, 4510.16,
and 5120.651 be amended and section 122.681 of the Revised Code be
enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of
all children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that
would be a felony or an offense of violence if committed by an
adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence,
and of all well-known and habitual criminals. The person in charge
of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or
involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code and subject to division
(E)(2) of this section, setting forth the procedure by which a
person may receive or release information gathered by the
superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed or described in division (A)(1), (2), or (3) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division
(E)(3) or (4) of this section, a rule adopted under division
(E)(1) of this section may provide only for the release of
information gathered pursuant to division (A) of this section that
relates to the conviction of a person, or a person's plea of
guilty to, a criminal offense or to the arrest of a person as
provided in division (E)(3) of this section. The superintendent
shall not release, and the attorney general shall not adopt any
rule under division (E)(1) of this section that permits the
release of, any information gathered pursuant to division (A) of
this section that relates to an adjudication of a child as a
delinquent child, or that relates to a criminal conviction of a
person under eighteen years of age if the person's case was
transferred back to a juvenile court under division (B)(2) or (3)
of section 2152.121 of the Revised Code and the juvenile court
imposed a disposition or serious youthful offender disposition
upon the person under either division, unless either of the
following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, the juvenile court was required to classify the
child a juvenile offender registrant for that offense under
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(3) A rule adopted under division (E)(1) of this section may
provide for the release of information gathered pursuant to
division (A) of this section that relates to the arrest of a
person when the person has not been convicted as a result of that
arrest if any of the following applies:
(a) The arrest was made outside of this state.
(b) A criminal action resulting from the arrest is pending,
and the superintendent confirms that the criminal action has not
been resolved at the time the criminal records check is performed.
(c) The bureau cannot reasonably determine whether a criminal
action resulting from the arrest is pending, and not more than one
year has elapsed since the date of the arrest.
(4) A rule adopted under division (E)(1) of this section may
provide for the release of information gathered pursuant to
division (A) of this section that relates to an adjudication of a
child as a delinquent child if not more than five years have
elapsed since the date of the adjudication, the adjudication was
for an act that would have been a felony if committed by an adult,
and the request for information is made under division (F) of this
section or under section 109.572 or 109.578 of the Revised Code.
In the case of an adjudication for a violation of the terms of
community control or supervised release, the five-year period
shall be calculated from the date of the adjudication to which the
community control or supervised release pertains.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or
5153.111 of the Revised Code or that is made under section
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the
board of education of any school district; the director of
developmental disabilities; any county board of developmental
disabilities; any provider or subcontractor as defined in section
5123.081 of the Revised Code; the chief administrator of any
chartered nonpublic school; the chief administrator of a
registered private provider that is not also a chartered nonpublic
school; the chief administrator of any home health agency; the
chief administrator of or person operating any child day-care
center, type A family day-care home, or type B family day-care
home licensed or certified under Chapter 5104. of the Revised
Code; the administrator of any type C family day-care home
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency; the executive director of a public children services
agency; a private company described in section 3314.41, 3319.392,
3326.25, or 3328.20 of the Revised Code; or an employer described
in division (J)(2) of section 3327.10 of the Revised Code may
request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of
education may request, with regard to the individual, whether the
bureau has any information gathered under division (A) of this
section that pertains to that individual. On receipt of the
request, subject to division (E)(2) of this section, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. The superintendent or the superintendent's designee
also may request criminal history records from other states or the
federal government pursuant to the national crime prevention and
privacy compact set forth in section 109.571 of the Revised Code.
Within thirty days of the date that the superintendent receives a
request, subject to division (E)(2) of this section, the
superintendent shall send to the board, entity, or person a report
of any information that the superintendent determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, subject to division (E)(2) of this section, shall
send the board, entity, or person a report of any information
received from the federal bureau of investigation, other than
information the dissemination of which is prohibited by federal
law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district or
provider only shall accept a certified copy of records of that
nature within one year after the date of their issuance by the
bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, or 3721.121
of the Revised Code with respect to an individual who has applied
for employment in a position that involves providing direct care
to an older adult or adult resident, the chief administrator of a
home health agency, hospice care program, home licensed under
Chapter 3721. of the Revised Code, or adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after January 27, 1997, for employment in a position that
does not involve providing direct care to an older adult or adult
resident, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson ombudsman services
to residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson ombudsman, ombudsperson's designee, or the director
of health
aging, a regional long-term care ombudsman, or the
designee of the ombudsman, director, or program may request that
the superintendent investigate and determine, with respect to any
individual who has applied for employment in a position that does
not involve providing such ombudsperson ombudsman services,
whether the bureau has any information gathered under division (A)
of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
direct-care position that involves providing direct care to an
individual, the chief administrator of a community-based long-term
care agency, as defined in section 173.39 of the Revised Code, may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does is not involve providing direct care a
direct-care position, whether the bureau has any information
gathered under division (A) of this section that pertains to that
applicant.
In addition to or in conjunction with any request that is
required to be made under section 3712.09 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to a pediatric
respite care patient, the chief administrator of a pediatric
respite care program may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied for employment in a position that does not involve
providing direct care to a pediatric respite care patient, whether
the bureau has any information gathered under division (A) of this
section that pertains to that individual.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, subject to division (E)(2) of this
section, the superintendent shall send to the requester a report
of any information determined to exist, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the requester a report of any information received from the
federal bureau of investigation, other than information the
dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric respite
care patient" have the same meanings as in section 3712.01 of the
Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(3) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 122.681. (A) Except as permitted by this section, or
when required by federal law, no person or government entity shall
solicit, release, disclose, receive, use, or knowingly permit or
participate in the use of any information regarding an individual
receiving assistance pursuant to a community services division
program under sections 122.66 to 122.702 of the Revised Code for
any purpose not directly related to the administration of a
division assistance program.
(B) To the extent permitted by federal law, the division, and
any entity that receives division funds to administer a division
program to assist individuals, shall release information regarding
an individual assistance recipient to the following:
(1) A government entity responsible for administering the
assistance program for purposes directly related to the
administration of the program;
(2) A law enforcement agency for the purpose of any
investigation, prosecution, or criminal or civil proceeding
relating to the administration of the assistance program;
(3) A government entity responsible for administering a
children's protective services program, for the purpose of
protecting children;
(4) Any appropriate person in compliance with a search
warrant, subpoena, or other court order.
(C) To the extent permitted by federal law and section
1347.08 of the Revised Code, the division, and any entity
administering a division program, shall provide access to
information regarding an individual assistance recipient to all of
the following:
(1) The individual assistance recipient;
(2) The authorized representative of the individual
assistance recipient;
(3) The legal guardian of the individual assistance
recipient;
(4) The attorney of the individual assistance recipient.
(D) To the extent permitted by federal law, the division, and
any entity administering a division program, may do either of the
following:
(1) Release information about an individual assistance
recipient if the recipient gives voluntary, written authorization;
(2) Release information regarding an individual assistance
recipient to a state, federal, or federally assisted program that
provides cash or in-kind assistance or services directly to
individuals based on need.
(E) The community services division, or an entity
administering a division program, shall provide, at no cost, a
copy of each written authorization to the individual who signed
it.
(F) The development services agency may adopt rules defining
who may serve as an individual assistance recipient's authorized
representative for purposes of division (C)(2) of this section.
Sec. 307.932. (A) As used in this section:
(1) "Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.
(2) "Eligible offender" means, in relation to a particular
community alternative sentencing center or district community
alternative sentencing center established and operated under
division (E) of this section, an offender who has been convicted
of or pleaded guilty to a qualifying misdemeanor offense, for whom
no provision of the Revised Code or ordinance of a municipal
corporation other than section 4511.19 of the Revised Code, both
section sections 4510.14 and 4511.19 of the Revised Code, or an
ordinance or ordinances of a municipal corporation that provide
the penalties for a municipal OVI offense or for both a municipal
OVI ordinance and a municipal DUS ordinance of the municipal
corporation requires the imposition of a mandatory jail term for
that qualifying misdemeanor offense, and who is eligible to be
sentenced directly to that center and admitted to it under rules
adopted under division (G) of this section by the board of county
commissioners or affiliated group of boards of county
commissioners that established and operates that center.
(3) "Municipal OVI offense" has the same meaning as in
section 4511.181 of the Revised Code.
(4) "OVI term of confinement" means a term of confinement
imposed for a violation of section 4511.19 of the Revised Code or
for a municipal OVI offense, including any mandatory jail term or
mandatory term of local incarceration imposed for that violation
or offense.
(5) "Community residential sanction" means a community
residential sanction imposed under section 2929.26 of the Revised
Code for a misdemeanor violation of a section of the Revised Code
or a term of confinement imposed for a misdemeanor violation of a
municipal ordinance that is not a jail term.
(6) "Qualifying misdemeanor offense" means a violation of any
section of the Revised Code that is a misdemeanor or a violation
of any ordinance of a municipal corporation located in the county
that is a misdemeanor.
(7) "Municipal DUS offense" means a violation of a municipal
ordinance that is substantially equivalent to section 4510.14 of
the Revised Code.
(B)(1) The board of county commissioners of any county, in
consultation with the sheriff of the county, may formulate a
proposal for establish a community alternative sentencing center
that, upon implementation by the county or being subcontracted to
or operated by a nonprofit organization, would shall be used for
the confinement of eligible offenders sentenced directly to the
center by a court located in the any county pursuant to a
community residential sanction of not more than thirty ninety days
or pursuant to an OVI term of confinement of not more than sixty
ninety days, and for the purpose of closely monitoring those
eligible offenders' adjustment to community supervision. A board
that formulates establishes a proposal center pursuant to this
division shall do so by resolution.
(2) The boards of county commissioners of two or more
adjoining or neighboring counties, in consultation with the
sheriffs of each of those counties, may affiliate and formulate
establish by resolution adopted by each of them a proposal for a
district community alternative sentencing center that, upon
implementation by the counties or being subcontracted to or
operated by a nonprofit organization, would shall be used for the
confinement of eligible offenders sentenced directly to the center
by a court located in any of those counties county pursuant to a
community residential sanction of not more than thirty ninety days
or pursuant to an OVI term of confinement of not more than sixty
ninety days, and for the purpose of closely monitoring those
eligible offenders' adjustment to community supervision. Each
board that affiliates with one or more other boards to formulate
establish a proposal center pursuant to this division shall
formulate the proposal do so by resolution.
(C) Each proposal for resolution establishing a community
alternative sentencing center or a district community alternative
sentencing center that is formulated under division (B)(1) or (2)
of this section shall include proposals provisions for operation
of the center and for criteria to define which offenders are
eligible to be sentenced directly to the center and admitted to
it. At a minimum, the proposed criteria that define which
offenders are eligible to be sentenced directly to the center and
admitted to it shall provide all of the following:
(1) That that an offender is eligible to be sentenced
directly to the center and admitted to it if the offender has been
convicted of or pleaded guilty to a qualifying misdemeanor offense
and is sentenced directly to the center for the qualifying
misdemeanor offense pursuant to a community residential sanction
of not more than thirty ninety days or pursuant to an OVI term of
confinement of not more than sixty ninety days by a court that is
located in the any county or one of the counties served by the
board of county commissioners or by any of the affiliated group of
boards of county commissioners that submits the proposal;
(2) That, except as otherwise provided in this division, no
offender is eligible to be sentenced directly to the center or
admitted to it if, in addition to the community residential
sanction or OVI term of confinement described in division (C)(1)
of this section, the offender is serving or has been sentenced to
serve any other jail term, prison term, or community residential
sanction. A mandatory jail term or electronic monitoring imposed
in lieu of a mandatory jail term for a violation of section
4511.19 of the Revised Code, for a municipal OVI offense, or for
either such offense and a similar offense that exceeds sixty days
of confinement shall not disqualify the offender from serving
sixty days of the mandatory jail term at the center.
(D) If a proposal for a community alternative sentencing
center or a district community alternative sentencing center that
is formulated established under division (B)(1) or (2) of this
section contemplates the use of an existing facility, or a part of
an existing facility, as the center, nothing in this section
limits, restricts, or precludes the use of the facility, the part
of the facility, or any other part of the facility for any purpose
other than as a community alternative sentencing center or
district community alternative sentencing center.
(E) The establishment and operation of a community
alternative sentencing center or district community alternative
sentencing center may be done by subcontracting with a nonprofit
organization for the operation of the center.
If a board of county commissioners or an affiliated group of
boards of county commissioners establishes and operates
or
subcontracts for the operation of a community alternative
sentencing center or district community alternative sentencing
center under this division, except as otherwise provided in this
division, the center is not a minimum security jail under section
341.14, section 753.21, or any other provision of the Revised
Code, is not a jail or alternative residential facility as defined
in section 2929.01 of the Revised Code, is not required to satisfy
or comply with minimum standards for minimum security jails or
other jails that are promulgated under division (A) of section
5120.10 of the Revised Code, is not a local detention facility as
defined in section 2929.36 of the Revised Code, and is not a
residential unit as defined in section 2950.01 of the Revised
Code. The center is a detention facility as defined in sections
2921.01 and 2923.124 of the Revised Code, and an eligible offender
confined in the center is under detention as defined in section
2921.01 of the Revised Code. Regarding persons sentenced directly
to the center under an OVI term of confinement or under both an
OVI term of confinement and confinement for a violation of section
4510.14 of the Revised Code or a municipal DUS offense, the center
shall be considered a "jail" or "local correctional facility" for
purposes of any provision in section 4510.14 or 4511.19 of the
Revised Code or in an ordinance of a municipal corporation that
requires a mandatory jail term or mandatory term of local
incarceration for the violation of section 4511.19 of the Revised
Code, the violation of both section 4510.14 and 4511.19 of the
Revised Code, the municipal OVI offense, or the municipal OVI
offense and the municipal DUS offense, and a direct sentence of a
person to the center under an OVI term of confinement or under
both an OVI term of confinement and confinement for a violation of
section 4510.14 of the Revised Code or a municipal DUS offense
shall be considered to be a sentence to a "jail" or "local
correctional facility" for purposes of any such provision in
section 4510.14 or 4511.19 of the Revised Code or in an ordinance
of a municipal corporation.
(F)(1) If the board of county commissioners of a county that
is being served by a community alternative sentencing center
established pursuant to division (E) of this section determines
that it no longer wants to be served by the center, the board may
dissolve the center by adopting a resolution evidencing the
determination to dissolve the center.
(2) If the boards of county commissioners of all of the
counties served by any district community alternative sentencing
center established pursuant to division (E) of this section
determine that they no longer want to be served by the center, the
boards may dissolve the center by adopting in each county a
resolution evidencing the determination to dissolve the center.
(3) If at least one, but not all, of the boards of county
commissioners of the counties being served by any district
community alternative sentencing center established pursuant to
division (E) of this section determines that it no longer wants to
be served by the center, the board may terminate its involvement
with the center by adopting a resolution evidencing the
determination to terminate its involvement with the center. If at
least one, but not all, of the boards of county commissioners of
the counties being served by any community alternative sentencing
center terminates its involvement with the center in accordance
with this division, the other boards of county commissioners of
the counties being served by the center may continue to be served
by the center.
(G) Prior to establishing or operating a community
alternative sentencing center or a district community alternative
sentencing center, the board of county commissioners or the
affiliated group of boards of county commissioners that formulated
established the proposal center shall adopt rules for the
operation of the center. The rules shall include criteria that
define which offenders are eligible to be sentenced directly to
the center and admitted to it.
(H) If a board of county commissioners establishes and
operates or subcontracts for the operation of a community
alternative sentencing center under division (E) of this section,
or an affiliated group of boards of county commissioners
establishes and operates or subcontracts for the operation of a
district community alternative sentencing center under that
division this section, all of the following apply:
(1) Any With the approval of the operator of the center, a
court located within the any county served by the board that
establishes and operates a community alternative sentencing center
may directly sentence eligible offenders to the
a community
alternative sentencing center or district community alternative
sentencing center pursuant to a community residential sanction of
not more than
thirty ninety days or pursuant to an OVI term of
confinement, a combination of an OVI term of confinement and
confinement for a violation of section 4510.14 of the Revised
Code, or confinement for a municipal DUS offense of not more than
ninety days. Any court located within a county served by any of
the boards that establishes and operates a district community
alternative sentencing center may directly sentence eligible
offenders to the center pursuant to a community residential
sanction of not more than thirty days or pursuant to an OVI term
of confinement, a combination of an OVI term of confinement and
confinement for a violation of section 4510.14 of the Revised
Code, or confinement for a municipal DUS offense of not more than
sixty days.
(2) Each eligible offender who is sentenced to the center as
described in division (H)(1) of this section and admitted to it
shall be offered during the eligible offender's confinement at the
center educational and vocational services and reentry planning
and may be offered any other treatment and rehabilitative services
that are available and that the court that sentenced the
particular eligible offender to the center and the administrator
of the center determine are appropriate based upon the offense for
which the eligible offender was sentenced to the community
residential sanction and the length of the sanction.
(3) Before accepting an eligible offender sentenced to the
center by a court, the board or the affiliated group of boards
shall enter into an agreement with a political subdivision that
operates that court that addresses the cost and payment of medical
treatment or services received by eligible offenders sentenced by
that court while they are confined in the center. The agreement
may provide for the payment of the costs by the particular
eligible offender who receives the treatment or services, as
described in division (I) of this section.
(4) If a court sentences an eligible offender to a center
under authority of division (H)(1) of this section, immediately
after the sentence is imposed, the eligible offender shall be
taken to the probation department that serves the court. The
department shall handle any preliminary matters regarding the
admission of the eligible offender to the center, including a
determination as to whether the eligible offender may be admitted
to the center under the criteria included in the rules adopted
under division (G) of this section that define which offenders are
eligible to be sentenced and admitted to the center. If the
eligible offender is accepted for admission to the center, the
department shall schedule the eligible offender for the admission
and shall provide for the transportation of the offender to the
center. If an eligible offender who is sentenced to the center
under a community residential sanction is not accepted for
admission to the center for any reason, the nonacceptance shall be
considered a violation of a condition of the community residential
sanction, the eligible offender shall be taken before the court
that imposed the sentence, and the court may proceed as specified
in division (C)(2) of section 2929.25 of the Revised Code based on
the violation or as provided by ordinance of the municipal
corporation based on the violation, whichever is applicable. If an
eligible offender who is sentenced to the center under an OVI term
of confinement is not accepted for admission to the center for any
reason, the eligible offender shall be taken before the court that
imposed the sentence, and the court shall determine the place at
which the offender is to serve the term of confinement. If the an
eligible offender a court sentences to the center is admitted to
the center, all of the following apply:
(a) The admission shall be under the terms and conditions
established by the court and the administrator of the center, and
the court and the administrator of the center shall provide for
the confinement of the eligible offender and supervise the
eligible offender as provided in divisions (H)(4)(b) to (f) of
this section.
(b) The eligible offender shall be confined in the center
during any period of time that the eligible offender is not
actually working at the eligible offender's approved work release
described in division (H)(4)(c) of this section, engaged in
community service activities described in division (H)(4)(d) of
this section, engaged in authorized vocational training or another
authorized educational program, engaged in another program
designated by the administrator of the center, or engaged in other
activities approved by the court and the administrator of the
center.
(c) If the court and the administrator of the center
determine that work release is appropriate based upon the offense
for which the eligible offender was sentenced to the community
residential sanction or OVI term of confinement and the length of
the sanction or term, the eligible offender may be offered work
release from confinement at the center and be released from
confinement while engaged in the work release.
(d) An eligible offender may not participate in community
service without the court's approval. If the administrator of the
center determines that community service is appropriate and if the
eligible offender will be confined for more than ten days at the
center, the eligible offender may be required to participate in
community service activities approved by the court and by the
political subdivision served by the court. Community service
activities that may be required under this division may take place
in facilities of the political subdivision that operates the
court, in the community, or in both such locales. The eligible
offender shall be released from confinement while engaged in the
community service activities. Community service activities
required under this division shall be supervised by the court or
an official designated by the board of county commissioners or
affiliated group of boards of county commissioners that
established and is operating the center. Community service
activities required under this division shall not exceed in
duration the period for which the eligible offender will be
confined at the center under the community residential sanction or
the OVI term of confinement.
(e) The confinement of the eligible offender in the center
shall be considered for purposes of this division and division
(H)(4)(f) of this section as including any period of time
described in division (H)(4)(b) of this section when the eligible
offender may be outside of the center and shall continue until the
expiration of the community residential sanction, the OVI term of
confinement, or the combination of the OVI term of confinement and
the confinement for the violation of section 4510.14 of the
Revised Code or the municipal DUS ordinance that the eligible
offender is serving upon admission to the center.
(f) After the admission and until the expiration of the
community residential sanction or OVI term of confinement that the
eligible offender is serving upon admission to the center, the
eligible offender shall be considered for purposes of any
provision in Title XXIX of the Revised Code to be serving the
community residential sanction or OVI term of confinement.
(5) The administrator of the center, or the administrator's
designee, shall post a sign as described in division (A)(4) of
section 2923.1212 of the Revised Code in a conspicuous location at
the center.
(I) The board of county commissioners that establishes and
operates a community alternative sentencing center under division
(E) of this section, or the affiliated group of boards of county
commissioners that establishes and operates a district community
alternative sentencing center under that division this section,
may require an eligible offender who is sentenced directly to the
center and admitted to it to pay to the county served by the board
or the counties served by the affiliated group of boards or the
entity operating the center the reasonable expenses incurred by
the county or counties, whichever is applicable, in supervising or
confining the eligible offender after being sentenced to the
center and admitted. Inability to pay those reasonable expenses
shall not be grounds for refusing to admit an otherwise eligible
offender to the center.
(J)(1) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center
successfully completes the service of the community residential
sanction in the center, the administrator of the center shall
notify the court that imposed the sentence, and the court shall
enter into the journal that the eligible offender successfully
completed the service of the sanction.
(2) If an eligible offender who is directly sentenced to a
community alternative sentencing center or district community
alternative sentencing center and admitted to the center violates
any rule established under this section by the board of county
commissioners or the affiliated group of boards of county
commissioners that establishes and operates the center, violates
any condition of the community residential sanction, the OVI term
of confinement, or the combination of the OVI term of confinement
and the confinement for the violation of section 4510.14 of the
Revised Code or the municipal OVI ordinance imposed by the
sentencing court, or otherwise does not successfully complete the
service of the community residential sanction or OVI term of
confinement in the center, the administrator of the center shall
report the violation or failure to successfully complete the
sanction or term directly to the court or to the probation
department or probation officer with general control and
supervision over the eligible offender. A failure to successfully
complete the service of the community residential sanction, the
OVI term of confinement, or the combination of the OVI term of
confinement and the confinement for the violation of section
4510.14 of the Revised Code or the municipal OVI ordinance in the
center shall be considered a violation of a condition of the
community residential sanction or the OVI term of confinement. If
the administrator reports the violation to the probation
department or probation officer, the department or officer shall
report the violation to the court. Upon its receipt under this
division of a report of a violation or failure to complete the
sanction by a person sentenced to the center under a community
residential sanction, the court may proceed as specified in
division (C)(2) of section 2929.25 of the Revised Code based on
the violation or as provided by ordinance of the municipal
corporation based on the violation, whichever is applicable. Upon
its receipt under this division of a report of a violation or
failure to complete the term by a person sentenced to the center
under an OVI term of confinement, the court shall determine the
place at which the offender is to serve the remainder of the term
of confinement. The eligible offender shall receive credit towards
completing the eligible offender's sentence for the time spent in
the center after admission to it.
Sec. 2151.311. (A) A person taking a child into custody
shall, with all reasonable speed and in accordance with division
(C) of this section, either:
(1) Release the child to the child's parents, guardian, or
other custodian, unless the child's detention or shelter care
appears to be warranted or required as provided in section 2151.31
of the Revised Code;
(2) Bring the child to the court or deliver the child to a
place of detention or shelter care designated by the court and
promptly give notice thereof, together with a statement of the
reason for taking the child into custody, to a parent, guardian,
or other custodian and to the court.
(B) If a parent, guardian, or other custodian fails, when
requested by the court, to bring the child before the court as
provided by this section, the court may issue its warrant
directing that the child be taken into custody and brought before
the court.
(C)(1) Before taking any action required by division (A) of
this section, a person taking a child into custody may hold the
child for processing purposes in a county, multicounty, or
municipal jail or workhouse, or other place where an adult
convicted of crime, under arrest, or charged with crime is held
for either of the following periods of time:
(a) For a period not to exceed six hours, if all of the
following apply:
(i) The child is alleged to be a delinquent child for the
commission of an act that would be a felony if committed by an
adult;
(ii) The child remains beyond the range of touch of all adult
detainees;
(iii) The child is visually supervised by jail or workhouse
personnel at all times during the detention;
(iv) The child is not handcuffed or otherwise physically
secured to a stationary object during the detention.
(b) For a period not to exceed three hours, if all of the
following apply:
(i) The child is alleged to be a delinquent child for the
commission of an act that would be a misdemeanor if committed by
an adult, is alleged to be a delinquent child for being a chronic
truant or an habitual truant who previously has been adjudicated
an unruly child for being an habitual truant, or is alleged to be
an unruly child or a juvenile traffic offender;
(ii) The child remains beyond the range of touch of all adult
detainees;
(iii) The child is visually supervised by jail or workhouse
personnel at all times during the detention;
(iv) The child is not handcuffed or otherwise physically
secured to a stationary object during the detention.
(2) If a child has been transferred to an adult court for
prosecution for the alleged commission of a criminal offense,
subsequent to the transfer, the child may be held as described in
division (F) of section 2152.26 or division (B) of section 5120.16
of the Revised Code.
(D) If a person who is alleged to be or has been adjudicated
a delinquent child or who is in any other category of persons
identified in this section is confined under authority of this
section in a place specified in division (C) of this section, the
fact of the person's admission to and confinement in that place is
restricted as described in division (G) of section 2152.26 of the
Revised Code.
(E) As used in division (C)(1) of this section, "processing
purposes" means all of the following:
(1) Fingerprinting, photographing, or fingerprinting and
photographing the child in a secure area of the facility;
(2) Interrogating the child, contacting the child's parent or
guardian, arranging for placement of the child, or arranging for
transfer or transferring the child, while holding the child in a
nonsecure area of the facility.
Sec. 2151.356. (A) The records of a case in which a person
was adjudicated a delinquent child for committing a violation of
section 2903.01, 2903.02, or 2907.02 of the Revised Code shall not
be sealed under this section.
(B)(1) The juvenile court shall promptly order the immediate
sealing of records pertaining to a juvenile in any of the
following circumstances:
(a) If the court receives a record from a public office or
agency under division (B)(2) of this section;
(b) If a person was brought before or referred to the court
for allegedly committing a delinquent or unruly act and the case
was resolved without the filing of a complaint against the person
with respect to that act pursuant to section 2151.27 of the
Revised Code;
(c) If a person was charged with violating division (E)(1) of
section 4301.69 of the Revised Code and the person has
successfully completed a diversion program under division
(E)(2)(a) of section 4301.69 of the Revised Code with respect to
that charge;
(d) If a complaint was filed against a person alleging that
the person was a delinquent child, an unruly child, or a juvenile
traffic offender and the court dismisses the complaint after a
trial on the merits of the case or finds the person not to be a
delinquent child, an unruly child, or a juvenile traffic offender;
(e) Notwithstanding division (C) of this section and subject
to section 2151.358 of the Revised Code, if a person has been
adjudicated an unruly child, that person has attained eighteen
years of age, and the person is not under the jurisdiction of the
court in relation to a complaint alleging the person to be a
delinquent child.
(2) The appropriate public office or agency shall immediately
deliver all original records at that public office or agency
pertaining to a juvenile to the court, if the person was arrested
or taken into custody for allegedly committing a delinquent or
unruly act, no complaint was filed against the person with respect
to the commission of the act pursuant to section 2151.27 of the
Revised Code, and the person was not brought before or referred to
the court for the commission of the act. The records delivered to
the court as required under this division shall not include
fingerprints, DNA specimens, and DNA records described under
division (A)(3) of section 2151.357 of the Revised Code.
(C)(1) The juvenile court shall consider the sealing of
records pertaining to a juvenile upon the court's own motion or
upon the application of a person if the person has been
adjudicated a delinquent child for committing an act other than a
violation of section 2903.01, 2903.02, or 2907.02 of the Revised
Code, an unruly child, or a juvenile traffic offender and if, at
the time of the motion or application, the person is not under the
jurisdiction of the court in relation to a complaint alleging the
person to be a delinquent child. The court shall not require a fee
for the filing of the application. The motion or application may
be made at any time after six months after any of the following
events occur:
(a) The termination of any order made by the court in
relation to the adjudication;
(b) The unconditional discharge of the person from the
department of youth services with respect to a dispositional order
made in relation to the adjudication or from an institution or
facility to which the person was committed pursuant to a
dispositional order made in relation to the adjudication;
(c) The court enters an order under section 2152.84 or
2152.85 of the Revised Code that contains a determination that the
child is no longer a juvenile offender registrant.
(2) In making the determination whether to seal records
pursuant to division (C)(1) of this section, all of the following
apply:
(a) The court may require a person filing an application
under division (C)(1) of this section to submit any relevant
documentation to support the application.
(b) The court may cause an investigation to be made to
determine if the person who is the subject of the proceedings has
been rehabilitated to a satisfactory degree.
(c) The court shall promptly notify the prosecuting attorney
of any proceedings to seal records initiated pursuant to division
(C)(1) of this section.
(d)(i) The prosecuting attorney may file a response with the
court within thirty days of receiving notice of the sealing
proceedings.
(ii) If the prosecuting attorney does not file a response
with the court or if the prosecuting attorney files a response but
indicates that the prosecuting attorney does not object to the
sealing of the records, the court may order the records of the
person that are under consideration to be sealed without
conducting a hearing on the motion or application. If the court
decides in its discretion to conduct a hearing on the motion or
application, the court shall conduct the hearing within thirty
days after making that decision and shall give notice, by regular
mail, of the date, time, and location of the hearing to the
prosecuting attorney and to the person who is the subject of the
records under consideration.
(iii) If the prosecuting attorney files a response with the
court that indicates that the prosecuting attorney objects to the
sealing of the records, the court shall conduct a hearing on the
motion or application within thirty days after the court receives
the response. The court shall give notice, by regular mail, of the
date, time, and location of the hearing to the prosecuting
attorney and to the person who is the subject of the records under
consideration.
(e) After conducting a hearing in accordance with division
(C)(2)(d) of this section or after due consideration when a
hearing is not conducted, except as provided in division (B)(1)(c)
of this section, the court may order the records of the person
that are the subject of the motion or application to be sealed if
it finds that the person has been rehabilitated to a satisfactory
degree. In determining whether the person has been rehabilitated
to a satisfactory degree, the court may consider all of the
following:
(i) The age of the person;
(ii) The nature of the case;
(iii) The cessation or continuation of delinquent, unruly, or
criminal behavior;
(iv) The education and employment history of the person;
(v) The granting of a new tier classification or
declassification from the juvenile offender registry pursuant to
section 2152.85 of the Revised Code, except for public
registry-qualified juvenile offender registrants;
(vi) Any other circumstances that may relate to the
rehabilitation of the person who is the subject of the records
under consideration.
(D)(1)(a) The juvenile court shall provide verbal notice to a
person whose records are sealed under division (B) of this
section, if that person is present in the court at the time the
court issues a sealing order, that explains what sealing a record
means, states that the person may apply to have those records
expunged under section 2151.358 of the Revised Code, and explains
what expunging a record means.
(b) The juvenile court shall provide written notice to a
person whose records are sealed under division (B) of this section
by regular mail to the person's last known address, if that person
is not present in the court at the time the court issues a sealing
order and if the court does not seal the person's record upon the
court's own motion, that explains what sealing a record means,
states that the person may apply to have those records expunged
under section 2151.358 of the Revised Code, and explains what
expunging a record means.
(2) Upon final disposition of a case in which a person has
been adjudicated a delinquent child for committing an act other
than a violation of section 2903.01, 2903.02, or 2907.02 of the
Revised Code, an unruly child, or a juvenile traffic offender, the
juvenile court shall provide written notice to the person that
does all of the following:
(a) States that the person may apply to the court for an
order to seal the record;
(b) Explains what sealing a record means;
(c) States that the person may apply to the court for an
order to expunge the record under section 2151.358 of the Revised
Code;
(d) Explains what expunging a record means.
(3) The department of youth services and any other
institution or facility that unconditionally discharges a person
who has been adjudicated a delinquent child, an unruly child, or a
juvenile traffic offender shall immediately give notice of the
discharge to the court that committed the person. The court shall
note the date of discharge on a separate record of discharges of
those natures.
Sec. 2152.26. (A) Except as provided in divisions (B) and
(F) of this section, a child alleged to be or adjudicated a
delinquent child or a juvenile traffic offender may be held only
in the following places:
(1) A certified foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of this
section, a child alleged to be or adjudicated a delinquent child
or a person described in division (C)(7) of section 2152.02 of the
Revised Code may be held in a detention facility for delinquent
children that is under the direction or supervision of the court
or other public authority or of a private agency and approved by
the court, and a child adjudicated a delinquent child may be held
in accordance with division (F)(2) of this section in a facility
of a type specified in that division. Division (B) of this section
This division does not apply to a child alleged to be or
adjudicated a delinquent child for chronic truancy, unless the
child violated a lawful court order made pursuant to division
(A)(6) of section 2152.19 of the Revised Code. Division (B) of
this section This division also does not apply to a child alleged
to be or adjudicated a delinquent child for being an habitual
truant who previously has been adjudicated an unruly child for
being an habitual truant, unless the child violated a lawful court
order made pursuant to division (C)(1)(e) of section 2151.354 of
the Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(5) of section 2152.21
of the Revised Code, a child alleged to be or adjudicated a
juvenile traffic offender may not be held in any of the following
facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under this section, sections 2151.56
to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the
Revised Code, a child alleged to be or adjudicated a juvenile
traffic offender may not be held for more than twenty-four hours
in a detention facility.
(D) Except as provided in division (F) of this section or in
division (C) of section 2151.311, in division (C)(2) of section
5139.06 and section 5120.162, or in division (B) of section
5120.16 of the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child or a person described in division
(C)(7) of section 2152.02 of the Revised Code may not be held in a
state correctional institution, county, multicounty, or municipal
jail or workhouse, or other place where an adult convicted of
crime, under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of this
section or division (C) of section 2151.311, division (C)(2) of
section 5139.06 and section 5120.162, or division (B) of section
5120.16 of the Revised Code, the official in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a person who is or appears to be under the
age of eighteen years, or a person who is charged with a violation
of an order of a juvenile court or a violation of probation or
parole conditions imposed by a juvenile court and who is or
appears to be between the ages of eighteen and twenty-one years,
is received at the facility and shall deliver the person to the
court upon request or transfer the person to a detention facility
designated by the court.
(F)(1) If a case is transferred to another court for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
the alleged offender is a person described in division (C)(7) of
section 2152.02 of the Revised Code, the person may not be
transferred for detention pending the criminal prosecution in a
jail or other facility except under the circumstances described in
division (F)(4) of this section. Any child held in accordance with
division (F)(3) of this section shall be confined in a manner that
keeps the child beyond the sight and sound of all adult detainees.
The child shall be supervised at all times during the detention.
(2) If a person is adjudicated a delinquent child or juvenile
traffic offender or is a person described in division (C)(7) of
section 2152.02 of the Revised Code and the court makes a
disposition of the person under this chapter, at any time after
the person attains twenty-one years of age, the person may be held
under that disposition or under the circumstances described in
division (F)(4) of this section in places other than those
specified in division (A) of this section, including, but not
limited to, a county, multicounty, or municipal jail or workhouse,
or other place where an adult convicted of crime, under arrest, or
charged with crime is held.
(3)(a) A person alleged to be a delinquent child may be held
in places other than those specified in division (A) of this
section, including, but not limited to, a county, multicounty, or
municipal jail, if the delinquent act that the child allegedly
committed would be a felony if committed by an adult, and if
either of the following applies:
(i) The person attains twenty-one years of age before the
person is arrested or apprehended for that act.
(ii) The person is arrested or apprehended for that act
before the person attains twenty-one years of age, but the person
attains twenty-one years of age before the court orders a
disposition in the case.
(b) If, pursuant to division (F)(3)(a) of this section, a
person is held in a place other than a place specified in division
(A) of this section, the person has the same rights to bail as an
adult charged with the same offense who is confined in a jail
pending trial.
(4)(a) Any person whose case is transferred for criminal
prosecution pursuant to section 2151.10 2152.10 or 2152.12 of the
Revised Code or any person who has attained the age of eighteen
years but has not attained the age of twenty-one years and who is
being held in a place specified in division (B) of this section
may be held under that disposition or charge in places other than
those specified in division (B) of this section, including a
county, multicounty, or municipal jail or workhouse, or other
place where an adult under arrest or charged with crime is held if
the juvenile court, upon its own motion or upon motion by the
prosecutor and after notice and hearing, establishes by a
preponderance of the evidence and makes written findings of either
of the following:
(i) With respect to a person whose case is transferred for
criminal prosecution pursuant to either specified section or who
has attained the age of eighteen years but who has not attained
the age of twenty-one years and is being so held, that the youth
is a threat to the safety and security of the facility. Evidence
that the;
(ii) With respect to a person who has attained the age of
eighteen years but who has not attained the age of twenty-one
years and is being so held, that the best interests of the youth
require that the youth be held in a place other than a place
specified in division (B) of this section, including a county,
multicounty, or municipal jail or workhouse, or other place where
an adult under arrest or charged with crime is held.
(b) In determining for purposes of division (F)(4)(a)(i) of
this section whether a youth is a threat to the safety and
security of the facility, evidence that the youth is a threat to
the safety and security of the facility may include, but is not
limited to, whether the youth has done any of the following:
(i) Injured or created an imminent danger to the life or
health of another youth or staff member in the facility or program
by violent behavior;
(ii) Escaped from the facility or program in which the youth
is being held on more than one occasion;
(iii) Established a pattern of disruptive behavior as
verified by a written record that the youth's behavior is not
conducive to the established policies and procedures of the
facility or program in which the youth is being held.
(b)(c) If the a prosecutor submits a motion requesting that
the a person be held in a place other than those specified in
division (B) of this section or if the court submits its own
motion, the juvenile court shall hold a hearing within five days
of the filing of the motion, and, in determining whether a place
other than those specified in division (B) of this section is the
appropriate place of confinement for the person, the court shall
consider the following factors:
(i) The age of the person;
(ii) Whether the person would be deprived of contact with
other people for a significant portion of the day or would not
have access to recreational facilities or age-appropriate
educational opportunities in order to provide physical separation
from adults;
(iii) The person's current emotional state, intelligence, and
developmental maturity, including any emotional and psychological
trauma, and the risk to the person in an adult facility, which may
be evidenced by mental health or psychological assessments or
screenings made available to the prosecuting attorney and the
defense counsel;
(iv) Whether detention in a juvenile facility would
adequately serve the need for community protection pending the
outcome of the criminal proceeding;
(v) The relative ability of the available adult and juvenile
detention facilities to meet the needs of the person, including
the person's need for age-appropriate mental health and
educational services delivered by individuals specifically trained
to deal with youth;
(vi) Whether the person presents an imminent risk of
self-inflicted harm or an imminent risk of harm to others within a
juvenile facility;
(vii) Any other factors the juvenile court considers to be
relevant.
(c)(d) If the juvenile court determines that a place other
than those specified in division (B) of this section is the
appropriate place for confinement of a person pursuant to division
(F)(4)(a) of this section, the person may petition the juvenile
court for a review hearing thirty days after the initial
confinement decision, thirty days after any subsequent review
hearing, or at any time after the initial confinement decision
upon an emergency petition by the youth due to the youth facing an
imminent danger from others or the youth's self. Upon receipt of
the petition, the juvenile court has discretion over whether to
conduct the review hearing and may set the matter for a review
hearing if the youth has alleged facts or circumstances that, if
true, would warrant reconsideration of the youth's placement in a
place other than those specified in division (B) of this section
based on the factors listed in division (F)(4)(b)(c) of this
section.
(d)(e) Upon the admission of a person described in division
(F)(4)(a) of this section to a place other than those specified in
division (B) of this section, the facility shall advise the person
of the person's right to request a review hearing as described in
division (F)(4)(d) of this section.
(e)(f) Any person transferred under division (F)(4)(a) of
this section to a place other than those specified in division (B)
of this section shall be confined in a manner that keeps the
person beyond sight and sound of all adult detainees. The person
shall be supervised at all times during the detention.
(G)(1) If a person who is alleged to be or has been
adjudicated a delinquent child or who is in any other category of
persons identified in this section or section 2151.311 of the
Revised Code is confined under authority of any Revised Code
section in a place other than a place specified in division (B) of
this section, including a county, multicounty, or municipal jail
or workhouse, or other place where an adult under arrest or
charged with crime is held, subject to division (G)(2) of this
section, the fact of the person's admission to and confinement in
that place is not a public record open for inspection or copying
under section 149.43 of the Revised Code and is confidential and
shall not be released to any person other than to a court, to a
law enforcement agency for law enforcement purposes, or to a
person specified by court order.
(2) Division (G)(1) of this section does not apply with
respect to a person whose case is transferred for criminal
prosecution pursuant to section 2152.10 or 2152.12 of the Revised
Code, who is convicted of or pleads guilty to an offense in that
case, who is confined after that conviction or guilty plea in a
place other than a place specified in division (B) of this
section, and to whom one of the following applies:
(a) The case was transferred other than pursuant to division
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised
Code.
(b) The case was transferred pursuant to division
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised
Code, and the person is sentenced for the offense pursuant to
division (B)(4) of section 2152.121 of the Revised Code.
(c) The case was transferred pursuant to division
(A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised
Code, the person is sentenced for the offense pursuant to division
(B)(3) of section 2152.121 of the Revised Code by the court in
which the person was convicted of or pleaded guilty to the
offense, and the sentence imposed by that court is invoked
pursuant to division (B)(3)(b) of section 2152.121 of the Revised
Code.
Sec. 2907.27. (A)(1) If a person is charged with a violation
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or
2907.25 of the Revised Code or with a violation of a municipal
ordinance that is substantially equivalent to any of those
sections, the arresting authorities or a court, upon the request
of the prosecutor in the case or upon the request of the victim,
shall cause the accused to submit to one or more appropriate tests
to determine if the accused is suffering from a venereal disease.
The court, upon the request of the prosecutor in the case or upon
the request of the victim shall cause the accused to submit to one
or more appropriate tests to determine if the accused is suffering
from the human immunodeficiency virus (HIV) within forty-eight
hours after the date on which the complaint, information, or
indictment is filed or within forty-eight hours after the date on
which the complaint, information, or indictment is served on the
accused, whichever date is later. Nothing in this section shall be
construed to prevent the court from ordering at any time during
which the complaint, information, or indictment is pending, that
the accused submit to one or more appropriate tests to determine
if the accused is suffering from a venereal disease or from the
human immunodeficiency virus (HIV).
(2) If the accused is found to be suffering from a venereal
disease in an infectious stage, the accused shall be required to
submit to medical treatment for that disease. The cost of the
medical treatment shall be charged to and paid by the accused who
undergoes the treatment. If the accused is indigent, the court
shall order the accused to report to a facility operated by a city
health district or a general health district for treatment. If the
accused is convicted of or pleads guilty to the offense with which
the accused is charged and is placed under a community control
sanction, a condition of community control shall be that the
offender submit to and faithfully follow a course of medical
treatment for the venereal disease. If the offender does not seek
the required medical treatment, the court may revoke the
offender's community control and order the offender to undergo
medical treatment during the period of the offender's
incarceration and to pay the cost of that treatment.
(B)(1)(a) If a person is charged with a violation of division
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised
Code or, with a violation of a municipal ordinance that is
substantially equivalent to that division or any of those
sections, or with a violation of a statute or municipal ordinance
in which by force or threat of force the accused compelled the
victim to engage in sexual activity, the court, upon the request
of the prosecutor in the case, upon the request of the victim, or
upon the request of any other person whom the court reasonably
believes had contact with the accused in circumstances related to
the violation that could have resulted in the transmission to that
person of the human immunodeficiency virus, shall cause the
accused to submit to one or more tests designated by the director
of health under section 3701.241 of the Revised Code to determine
if the accused is infected with HIV. The court shall cause the
accused to submit to the test or tests within forty-eight hours
after the indictment, information, or complaint is presented. The
court shall order follow-up tests for HIV as may be medically
appropriate.
(b) The court, upon the request of the prosecutor in the
case, upon the request of the victim with the agreement of the
prosecutor, or upon the request of any other person with the
agreement of the prosecutor, may cause an accused who is charged
with a violation of any other division or section of the Revised
Code or with a violation of any other municipal ordinance not
described in division (B)(1)(a) of this section to submit to one
or more tests so designated by the director of health if the
circumstances of the violation indicate probable cause to believe
that the accused, if the accused is infected with HIV, might have
transmitted HIV to any of the following persons in committing the
violation:
(i) In relation to a request made by the prosecuting
attorney, to the victim or to any other person;
(ii) In relation to a request made by the victim, to the
victim making the request;
(iii) In relation to a request made by any other person, to
the person making the request.
(b)(c) The results of a test conducted under division
(B)(1)(a) of this section shall be provided as soon as practicable
to the victim, or the parent or guardian of the victim, and the
accused. The results of any follow-up test conducted under that
division also shall be provided as soon as practicable to the
victim, or the parent or guardian of the victim, and the accused.
The results of a test performed under division (B)(1)(a)(b) of
this section shall be communicated in confidence to the court,
and the court shall inform the accused of the result. The, and the
court shall inform the victim that the test was performed and that
the victim has a right to receive the results on request. If
Additionally, for a test under either division (B)(1)(a) or (b) of
this section, all of the following apply:
(i) If the test was performed upon the request of a person
other than the prosecutor in the case and other than the victim,
the court shall inform the person who made the request that the
test was performed and that the person has a right to receive the
results upon request. Additionally, regardless
(ii) Regardless of who made the request that was the basis of
the test being performed, if the court reasonably believes that,
in circumstances related to the violation, a person other than the
victim had contact with the accused that could have resulted in
the transmission of HIV to that person, the court may inform that
person that the test was performed and that the person has a right
to receive the results of the test on request. If
(iii) If the accused tests positive for HIV, the test results
shall be reported to the department of health in accordance with
section 3701.24 of the Revised Code and to the sheriff, head of
the state correctional institution, or other person in charge of
any jail or prison in which the accused is incarcerated. If
(iv) If the accused tests positive for HIV and the accused
was charged with, and was convicted of or pleaded guilty to, a
violation of section 2907.24, 2907.241, or 2907.25 of the Revised
Code or a violation of a municipal ordinance that is substantially
equivalent to any of those sections, the test results also shall
be reported to the law enforcement agency that arrested the
accused, and the law enforcement agency may use the test results
as the basis for any future charge of a violation of division (B)
of any of those sections or a violation of a municipal ordinance
that is substantially equivalent to division (B) of any of those
sections.
No other
(v) Except as otherwise provided in the first paragraph in
division (B)(1)(c) of this section or in division (B)(1)(c)(i),
(ii), (iii), or (iv) of this section, no disclosure of the test
results or the fact that a test was performed shall be made, other
than as evidence in a grand jury proceeding or as evidence in a
judicial proceeding in accordance with the Rules of Evidence. If
(vi) If the test result is negative, and the charge has not
been dismissed or if the accused has been convicted of the charge
or a different offense arising out of the same circumstances as
the offense charged, the court shall order that the test be
repeated not earlier than three months nor later than six months
after the original test.
(2) If an accused who is free on bond refuses to submit to a
test ordered by the court pursuant to division (B)(1) of this
section, the court may order that the accused's bond be revoked
and that the accused be incarcerated until the test is performed.
If an accused who is incarcerated refuses to submit to a test
ordered by the court pursuant to division (B)(1) of this section,
the court shall order the person in charge of the jail or prison
in which the accused is incarcerated to take any action necessary
to facilitate the performance of the test, including the forcible
restraint of the accused for the purpose of drawing blood to be
used in the test.
(3) A state agency, a political subdivision of the state, or
an employee of a state agency or of a political subdivision of the
state is immune from liability in a civil action to recover
damages for injury, death, or loss to person or property allegedly
caused by any act or omission in connection with the performance
of the duties required under division (B)(2) of this section
unless the acts or omissions are with malicious purpose, in bad
faith, or in a wanton or reckless manner.
(C) Nothing in this section shall be construed to prevent a
court in which a person is charged with any offense specified in
division (A)(1) or (B)(1)(a) of this section from ordering at any
time during which the complaint, information, or indictment is
pending, that the accused submit to one or more appropriate tests
to determine if the accused is suffering from a venereal disease
or from HIV.
(D) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "HIV" means the human immunodeficiency virus.
Sec. 2929.26. (A) Except when a mandatory jail term is
required by law, the court imposing a sentence for a misdemeanor,
other than a minor misdemeanor, may impose upon the offender any
community residential sanction or combination of community
residential sanctions under this section. Community residential
sanctions include, but are not limited to, the following:
(1) A term of up to one hundred eighty days in a halfway
house or community-based correctional facility or a term in a
halfway house or community-based correctional facility not to
exceed the longest jail term available for the offense, whichever
is shorter, if the political subdivision that would have
responsibility for paying the costs of confining the offender in a
jail has entered into a contract with the halfway house or
community-based correctional facility for use of the facility for
misdemeanor offenders;
(2) If the offender is an eligible offender, as defined in
section 307.932 of the Revised Code, a term of up to sixty days in
a community alternative sentencing center or district community
alternative sentencing center established and operated in
accordance with that section, in the circumstances specified in
that section, with one of the conditions of the sanction being
that the offender successfully complete the portion of the
sentence to be served in the center the entire term imposed.
(B) A sentence to a community residential sanction under
division (A)(3)(2) of this section shall be in accordance with
section 307.932 of the Revised Code. In all other cases, the court
that sentences an offender to a community residential sanction
under this section may do either or both of the following:
(1) Permit the offender to serve the offender's sentence in
intermittent confinement, overnight, on weekends or at any other
time or times that will allow the offender to continue at the
offender's occupation or care for the offender's family;
(2) Authorize the offender to be released so that the
offender may seek or maintain employment, receive education or
training, receive treatment, perform community service, or
otherwise fulfill an obligation imposed by law or by the court. A
release pursuant to this division shall be only for the duration
of time that is needed to fulfill the purpose of the release and
for travel that reasonably is necessary to fulfill the purposes of
the release.
(C) The court may order that a reasonable portion of the
income earned by the offender upon a release pursuant to division
(B) of this section be applied to any financial sanction imposed
under section 2929.28 of the Revised Code.
(D) No court shall sentence any person to a prison term for a
misdemeanor or minor misdemeanor or to a jail term for a minor
misdemeanor.
(E) If a court sentences a person who has been convicted of
or pleaded guilty to a misdemeanor to a community residential
sanction as described in division (A) of this section, at the time
of reception and at other times the person in charge of the
operation of the halfway house, community alternative sentencing
center, district community alternative sentencing center, or other
place at which the offender will serve the residential sanction
determines to be appropriate, the person in charge of the
operation of the halfway house, community alternative sentencing
center, district community alternative sentencing center, or other
place may cause the convicted offender to be examined and tested
for tuberculosis, HIV infection, hepatitis, including, but not
limited to, hepatitis A, B, and C, and other contagious diseases.
The person in charge of the operation of the halfway house,
community alternative sentencing center, district community
alternative sentencing center, or other place at which the
offender will serve the residential sanction may cause a convicted
offender in the halfway house, community alternative sentencing
center, district community alternative sentencing center, or other
place who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including, but not limited to, hepatitis A,
B, and C, or another contagious disease to be tested and treated
involuntarily.
(F) A political subdivision may enter into a contract with a
halfway house for use of the halfway house to house misdemeanor
offenders under a sanction imposed under division (A)(1) of this
section.
Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised
Code do not apply to any of the following:
(A) Convictions when the offender is subject to a mandatory
prison term;
(B) Convictions under section 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised
Code, or a conviction for a violation of a municipal ordinance
that is substantially similar to any section contained in any of
those chapters, except as otherwise provided in section 2953.61 of
the Revised Code;
(C) Convictions of an offense of violence when the offense is
a misdemeanor of the first degree or a felony and when the offense
is not a violation of section 2917.03 of the Revised Code and is
not a violation of section 2903.13, 2917.01, or 2917.31 of the
Revised Code that is a misdemeanor of the first degree;
(D) Convictions on or after October 10, 2007, under section
2907.07 of the Revised Code or a conviction on or after October
10, 2007, for a violation of a municipal ordinance that is
substantially similar to that section;
(E) Convictions on or after October 10, 2007, under section
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311,
2907.32, or 2907.33 of the Revised Code when the victim of the
offense was under eighteen years of age;
(F) Convictions of an offense in circumstances in which the
victim of the offense was under eighteen years of age when the
offense is a misdemeanor of the first degree or a felony, except
for convictions under section 2919.21 of the Revised Code;
(G) Convictions of a felony of the first or second degree;
(H) Bail forfeitures in a traffic case as defined in Traffic
Rule 2.
Sec. 2953.61. When (A) Except as provided in division (B) of
this section, when a person is charged with two or more offenses
as a result of or in connection with the same act and at least one
of the charges has a final disposition that is different than the
final disposition of the other charges, the person may not apply
to the court for the sealing of his
the person's record in any of
the cases until such time as he
the person would be able to apply
to the court and have all of the records in all of the cases
pertaining to those charges sealed pursuant to divisions (A)(1)
and (2) of section 2953.32 and divisions (A)(1) and (2) of section
2953.52 of the Revised Code.
(B) When a person is charged with two or more offenses as a
result of or in connection with the same act, a record pertaining
to any charge that is otherwise eligible for sealing may be sealed
pursuant to section 2953.32 or 2953.52 of the Revised Code,
notwithstanding the fact that one or more other charges are for
offenses the records of which may not be sealed under section
2953.36 of the Revised Code.
Sec. 4510.111. (A) No person shall operate any motor vehicle
upon a highway or any public or private property used by the
public for purposes of vehicular travel or parking in this state
whose driver's or commercial driver's license has been suspended
pursuant to section 2151.354, 2151.87, 2935.27, 3123.58, 4301.99,
4510.032, 4510.22, or 4510.33 of the Revised Code.
(B) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) of this section may be admitted into evidence as prima-facie
evidence that the license of the person was under suspension at
the time of the alleged violation of division (A) of this section.
The person charged with a violation of division (A) of this
section may offer evidence to rebut this prima-facie evidence.
(C) Whoever violates division (A) of this section is guilty
of driving under suspension, and shall be punished as provided in
division (D)(C)(1) or (2) of this section.
(1) Except as otherwise provided in division (D)(C)(2) of
this section, the offense is an unclassified misdemeanor. The
offender shall be sentenced pursuant to sections 2929.21 to
2929.28 of the Revised Code, except that the offender shall not be
sentenced to a jail term; the offender shall not be sentenced to a
community residential sanction pursuant to section 2929.26 of the
Revised Code; notwithstanding division (A)(2)(a) of section
2929.28 of the Revised Code, the offender may be fined up to one
thousand dollars; and, notwithstanding division (A)(3) of section
2929.27 of the Revised Code, the offender may be ordered pursuant
to division (C) of that section to serve a term of community
service of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of division (A) of this section, or any combination of
two or more violations of division (A) ) of this section or
section 4510.11 or 4510.16 of the Revised Code, or a substantially
equivalent municipal ordinance, the offense is a misdemeanor of
the fourth degree, and the offender shall provide the court with
proof of financial responsibility as defined in section 4509.01 of
the Revised Code. If the offender fails to provide that proof of
financial responsibility, then in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
Sec. 4510.16. (A) No person, whose driver's or commercial
driver's license or temporary instruction permit or nonresident's
operating privilege has been suspended or canceled pursuant to
Chapter 4509. of the Revised Code, shall operate any motor vehicle
within this state, or knowingly permit any motor vehicle owned by
the person to be operated by another person in the state, during
the period of the suspension or cancellation, except as
specifically authorized by Chapter 4509. of the Revised Code. No
person shall operate a motor vehicle within this state, or
knowingly permit any motor vehicle owned by the person to be
operated by another person in the state, during the period in
which the person is required by section 4509.45 of the Revised
Code to file and maintain proof of financial responsibility for a
violation of section 4509.101 of the Revised Code, unless proof of
financial responsibility is maintained with respect to that
vehicle.
(B) No person shall operate any motor vehicle upon a highway
or any public or private property used by the public for purposes
of vehicular travel or parking in this state if the person's
driver's or commercial driver's license or temporary instruction
permit or nonresident operating privilege has been suspended
pursuant to section 4509.37 or 4509.40 of the Revised Code for
nonpayment of a judgment.
(C) Upon the request or motion of the prosecuting authority,
a noncertified copy of the law enforcement automated data system
report or a noncertified copy of a record of the registrar of
motor vehicles that shows the name, date of birth, and social
security number of a person charged with a violation of division
(A) or (B) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under
either a financial responsibility law suspension at the time of
the alleged violation of division (A) of this section or a
nonpayment of judgment suspension at the time of the alleged
violation of division (B) of this section. The person charged with
a violation of division (A) or (B) of this section may offer
evidence to rebut this prima-facie evidence.
(D) Whoever violates division (A) of this section is guilty
of driving under financial responsibility law suspension or
cancellation and shall be punished as provided in divisions (D) to
(I) of this section. Whoever violates division (B) of this section
is guilty of driving under a nonpayment of judgment suspension and
shall be punished as provided in divisions (D) to (I) of this
section.
(1) Except as otherwise provided in division (D)(2) of this
section, the offense is an unclassified misdemeanor. When the
offense is an unclassified misdemeanor, the offender shall be
sentenced pursuant to sections 2929.21 to 2929.28 of the Revised
Code, except that the offender shall not be sentenced to a jail
term; the offender shall not be sentenced to a community
residential sanction pursuant to section 2929.26 of the Revised
Code; notwithstanding division (A)(2)(a) of section 2929.28 of the
Revised Code, the offender may be fined up to one thousand
dollars; and, notwithstanding division (A)(3) of section 2929.27
of the Revised Code, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service
of up to five hundred hours. The failure of an offender to
complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of
section 2705.02 of the Revised Code that may be filed in the
underlying case.
(2) If, within three years of the offense, the offender
previously was convicted of or pleaded guilty to two or more
violations of this section, or any combination of two violations
of this section or section 4510.11 or 4510.111 of the Revised
Code, or a substantially equivalent municipal ordinance, the
offense is a misdemeanor of the fourth degree.
(3) The offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the
Revised Code. If the offender fails to provide that proof of
financial responsibility, then in addition to any other penalties
provided by law, the court may order restitution pursuant to
section 2929.28 of the Revised Code in an amount not exceeding
five thousand dollars for any economic loss arising from an
accident or collision that was the direct and proximate result of
the offender's operation of the vehicle before, during, or after
committing the offense for which the offender is sentenced under
this section.
Sec. 5120.651. An inmate is eligible to participate in the
prison nursery program if she is pregnant at the time she is
delivered into the custody of the department of rehabilitation and
correction, she gives birth on or after the date the program is
implemented, she is subject to a sentence of imprisonment of not
more than eighteen months three years, and she and the child meet
any other criteria established by the department.
Section 2. That existing sections 109.57, 307.932, 2151.311,
2151.356, 2152.26, 2907.27, 2929.26, 2953.36, 2953.61, 4510.111,
4510.16, and 5120.651 of the Revised Code are hereby repealed.
Section 3. That the version of section 109.57 of the Revised
Code that is scheduled to take effect January 1, 2014, be amended
to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of
all children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that
would be a felony or an offense of violence if committed by an
adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence,
and of all well-known and habitual criminals. The person in charge
of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or
involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E)(1) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code and subject to division
(E)(2) of this section, setting forth the procedure by which a
person may receive or release information gathered by the
superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed or described in division (A)(1), (2), or (3) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(2) Except as otherwise provided in this division or division
(E)(3) or (4) of this section, a rule adopted under division
(E)(1) of this section may provide only for the release of
information gathered pursuant to division (A) of this section that
relates to the conviction of a person, or a person's plea of
guilty to, a criminal offense or to the arrest of a person as
provided in division (E)(3) of this section. The superintendent
shall not release, and the attorney general shall not adopt any
rule under division (E)(1) of this section that permits the
release of, any information gathered pursuant to division (A) of
this section that relates to an adjudication of a child as a
delinquent child, or that relates to a criminal conviction of a
person under eighteen years of age if the person's case was
transferred back to a juvenile court under division (B)(2) or (3)
of section 2152.121 of the Revised Code and the juvenile court
imposed a disposition or serious youthful offender disposition
upon the person under either division, unless either of the
following applies with respect to the adjudication or conviction:
(a) The adjudication or conviction was for a violation of
section 2903.01 or 2903.02 of the Revised Code.
(b) The adjudication or conviction was for a sexually
oriented offense, the juvenile court was required to classify the
child a juvenile offender registrant for that offense under
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that
classification has not been removed.
(3) A rule adopted under division (E)(1) of this section may
provide for the release of information gathered pursuant to
division (A) of this section that relates to the arrest of a
person when the person has not been convicted as a result of that
arrest if any of the following applies:
(a) The arrest was made outside of this state.
(b) A criminal action resulting from the arrest is pending,
and the superintendent confirms that the criminal action has not
been resolved at the time the criminal records check is performed.
(c) The bureau cannot reasonably determine whether a criminal
action resulting from the arrest is pending, and not more than one
year has elapsed since the date of the arrest.
(4) A rule adopted under division (E)(1) of this section may
provide for the release of information gathered pursuant to
division (A) of this section that relates to an adjudication of a
child as a delinquent child if not more than five years have
elapsed since the date of the adjudication, the adjudication was
for an act that would have been a felony if committed by an adult,
and the request for information is made under division (F) of this
section or under section 109.572 of the Revised Code. In the case
of an adjudication for a violation of the terms of community
control or supervised release, the five-year period shall be
calculated from the date of the adjudication to which the
community control or supervised release pertains.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or
5153.111 of the Revised Code or that is made under section
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the
board of education of any school district; the director of
developmental disabilities; any county board of developmental
disabilities; any provider or subcontractor as defined in section
5123.081 of the Revised Code; the chief administrator of any
chartered nonpublic school; the chief administrator of a
registered private provider that is not also a chartered nonpublic
school; the chief administrator of any home health agency; the
chief administrator of or person operating any child day-care
center, type A family day-care home, or type B family day-care
home licensed under Chapter 5104. of the Revised Code; the chief
administrator of any head start agency; the executive director of
a public children services agency; a private company described in
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised
Code; or an employer described in division (J)(2) of section
3327.10 of the Revised Code may request that the superintendent of
the bureau investigate and determine, with respect to any
individual who has applied for employment in any position after
October 2, 1989, or any individual wishing to apply for employment
with a board of education may request, with regard to the
individual, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual. On
receipt of the request, subject to division (E)(2) of this
section, the superintendent shall determine whether that
information exists and, upon request of the person, board, or
entity requesting information, also shall request from the federal
bureau of investigation any criminal records it has pertaining to
that individual. The superintendent or the superintendent's
designee also may request criminal history records from other
states or the federal government pursuant to the national crime
prevention and privacy compact set forth in section 109.571 of the
Revised Code. Within thirty days of the date that the
superintendent receives a request, subject to division (E)(2) of
this section, the superintendent shall send to the board, entity,
or person a report of any information that the superintendent
determines exists, including information contained in records that
have been sealed under section 2953.32 of the Revised Code, and,
within thirty days of its receipt, subject to division (E)(2) of
this section, shall send the board, entity, or person a report of
any information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district or
provider only shall accept a certified copy of records of that
nature within one year after the date of their issuance by the
bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, or 3721.121
of the Revised Code with respect to an individual who has applied
for employment in a position that involves providing direct care
to an older adult or adult resident, the chief administrator of a
home health agency, hospice care program, home licensed under
Chapter 3721. of the Revised Code, or adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after January 27, 1997, for employment in a position that
does not involve providing direct care to an older adult or adult
resident, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson ombudsman services
to residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson ombudsman, ombudsperson's designee, or the director
of health
aging, a regional long-term care ombudsman program, or
the designee of the ombudsman, director, or program may request
that the superintendent investigate and determine, with respect to
any individual who has applied for employment in a position that
does not involve providing such ombudsperson ombudsman services,
whether the bureau has any information gathered under division (A)
of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 173.38 of the Revised
Code with respect to an individual who has applied for employment
in a
direct-care position that involves providing direct care to
an individual, the chief administrator of a community-based
long-term care agency provider, as defined in section 173.39 of
the Revised Code, may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that does is not involve providing direct
care a direct-care position, whether the bureau has any
information gathered under division (A) of this section that
pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 3712.09 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to a pediatric
respite care patient, the chief administrator of a pediatric
respite care program may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied for employment in a position that does not involve
providing direct care to a pediatric respite care patient, whether
the bureau has any information gathered under division (A) of this
section that pertains to that individual.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, subject to division (E)(2) of this
section, the superintendent shall send to the requester a report
of any information determined to exist, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the requester a report of any information received from the
federal bureau of investigation, other than information the
dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Pediatric respite care program" and "pediatric care
patient" have the same meanings as in section 3712.01 of the
Revised Code.
(2) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(3) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Section 4. That the existing version of section 109.57 of
the Revised Code that is scheduled to take effect January 1, 2014,
is hereby repealed.
Section 5. Sections 307.932 and 2929.26 of the Revised Code
are presented in this act as composites of the sections as amended
by both Am. Sub. H.B. 509 and Am. Sub. S.B. 337 of the 129th
General Assembly. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the
resulting versions of the sections in effect prior to the
effective date of the sections as presented in this act.
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