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Sub. S. B. No. 143 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Balderson, Beagle, Brown, Eklund, Hite, Lehner, Patton, Sawyer, Uecker
A BILL
To amend sections 109.57, 109.572, 109.578, 122.681,
307.932, 2151.311, 2151.356, 2151.357, 2152.26,
2907.27, 2907.28, 2929.26, 2947.23, 2953.25,
2953.31, 2953.32, 2953.321, 2953.35, 2953.36,
2953.61, 4510.111, 4510.16, 5120.651, 5139.01, and
5139.52 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 modify the waiting period for making
a motion or application for the sealing of a
juvenile court record of a person who is 18 years
of age or older; to reaffirm that BCII is a public
office or agency for purposes of notification of a
delinquency record-sealing order; to specify that
most identifying information that relates to the
admission and confinement in an adult detention
facility of a person under 21 generally is
confidential; to clarify a court's authority to
commit a delinquent child to the Department of
Youth Services for a violation of supervised
release; 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; to remove the cap of 40 hours per month
and give a court discretion in setting the amount
of credit for community service ordered for
failure to pay a criminal court cost judgment; to
authorize a court that receives or is forwarded a
petition for a certificate of qualification for
employment to direct the clerk of court to process
and record all required notices; to include
persons convicted twice of the same misdemeanor as
eligible offenders for purposes of sealing records
of the convictions; to provide a qualified
immunity in specified circumstances to a
government official who mistakenly releases
information from a sealed or expunged record; and
to clarify the application of the Conviction
Record Sealing Law to individual convictions and
bail forfeitures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.572, 109.578, 122.681,
307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27, 2907.28,
2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321, 2953.35,
2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01, and
5139.52 of the Revised Code 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, and the records of the
adjudication or conviction have not been sealed or expunged
pursuant to sections 2151.355 to 2151.358 or sealed pursuant to
section 2952.32 of the Revised Code.
(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 who is eighteen years of age or older 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,
the records of the adjudication have not been sealed or expunged
pursuant to sections 2151.355 to 2151.358 of the Revised Code, 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 ombudsman services to residents
of long-term care facilities or recipients of community-based
long-term care services, the state long-term care ombudsman, the
director of 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 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 173.38 of the Revised Code with
respect to an individual who has applied for employment in a
direct-care position, the chief administrator of a 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 is
not 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.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section;
(c) If the request is made pursuant to section 3319.39 of the
Revised Code for an applicant who is a teacher, any offense
specified in section 3319.31 of the Revised Code.
(2) On receipt of a request pursuant to section 3712.09 or
3721.121 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check with respect to any person who has applied for employment in
a position for which a criminal records check is required by those
sections. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27,
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or
5123.169 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check of the person for whom the request is made. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of,
has pleaded guilty to, or (except in the case of a request
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised
Code) has been found eligible for intervention in lieu of
conviction for any of the following, regardless of the date of the
conviction, the date of entry of the guilty plea, or (except in
the case of a request pursuant to section 5164.34, 5164.341, or
5164.342 of the Revised Code) the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,
2927.12, or 3716.11 of the Revised Code;
(b) Felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(c) A violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996;
(d) A violation of section 2923.01, 2923.02, or 2923.03 of
the Revised Code when the underlying offense that is the object of
the conspiracy, attempt, or complicity is one of the offenses
listed in divisions (A)(3)(a) to (c) of this section;
(e) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
divisions (A)(3)(a) to (d) of this section.
(4) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(4)(a) of
this section.
(5) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(5)(a) of this section.
(6) Upon receipt of a request pursuant to section 5153.111 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(6)(a) of
this section.
(7) On receipt of a request for a criminal records check from
an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. Subject to division
(F) of this section, the superintendent shall report the findings
of the criminal records check and any information the federal
bureau of investigation provides to the director of public safety.
(8) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(9) On receipt of a request for a criminal records check from
the treasurer of state under section 113.041 of the Revised Code
or from an individual under section 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1)
of this section and a set of fingerprint impressions obtained in
the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request has been convicted of or pleaded guilty to
any criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a
check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(10) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(11) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(12) On receipt of a request pursuant to section 2151.33 or
2151.412 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check with respect to any person for whom a criminal records check
is required by that section. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(12)(a) of this section.
(B) Subject to division (F) of this section, the
superintendent shall conduct any criminal records check to be
conducted under this section as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the criminal records check,
including, if the criminal records check was requested under
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or
5153.111 of the Revised Code, any relevant information contained
in records that have been sealed under section 2953.32 of the
Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the criminal records check, including
fingerprint-based checks of national crime information databases
as described in 42 U.S.C. 671 if the request is made pursuant to
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if
any other Revised Code section requires fingerprint-based checks
of that nature, and shall review or cause to be reviewed any
information the superintendent receives from that bureau. If a
request under section 3319.39 of the Revised Code asks only for
information from the federal bureau of investigation, the
superintendent shall not conduct the review prescribed by division
(B)(1) of this section.
(3) The superintendent or the superintendent's designee 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.
(4) The superintendent shall include in the results of the
criminal records check a list or description of the offenses
listed or described in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), or (12) of this section, whichever
division requires the superintendent to conduct the criminal
records check. The superintendent shall exclude from the results
any information the dissemination of which is prohibited by
federal law.
(5) The superintendent shall send the results of the criminal
records check to the person to whom it is to be sent not later
than the following number of days after the date the
superintendent receives the request for the criminal records
check, the completed form prescribed under division (C)(1) of this
section, and the set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section:
(a) If the superintendent is required by division (A) of this
section (other than division (A)(3) of this section) to conduct
the criminal records check, thirty;
(b) If the superintendent is required by division (A)(3) of
this section to conduct the criminal records check, sixty.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is to be conducted
under this section. The form that the superintendent prescribes
pursuant to this division may be in a tangible format, in an
electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is to be conducted under this
section. Any person for whom a records check is to be conducted
under this section shall obtain the fingerprint impressions at a
county sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check under this section. The person
requesting the criminal records check shall pay the fee prescribed
pursuant to this division. In the case of a request under section
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in
the manner specified in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) The results of a criminal records check conducted under
this section, other than a criminal records check specified in
division (A)(7) of this section, are valid for the person who is
the subject of the criminal records check for a period of one year
from the date upon which the superintendent completes the criminal
records check. If during that period the superintendent receives
another request for a criminal records check to be conducted under
this section for that person, the superintendent shall provide the
results from the previous criminal records check of the person at
a lower fee than the fee prescribed for the initial criminal
records check.
(E) When the superintendent receives a request for
information from a registered private provider, the superintendent
shall proceed as if the request was received from a school
district board of education under section 3319.39 of the Revised
Code. The superintendent shall apply division (A)(1)(c) of this
section to any such request for an applicant who is a teacher.
(F)(1) All information regarding the results of a criminal
records check conducted under this section that the superintendent
reports or sends under division (A)(7) or (9) of this section to
the director of public safety, the treasurer of state, or the
person, board, or entity that made the request for the criminal
records check shall relate to the conviction of the subject
person, or the subject person's plea of guilty to, a criminal
offense.
(2) Division (F)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information that
relates to the arrest of a person who is eighteen years of age or
older, 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, if 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, as defined in section 2950.01 of the Revised
Code, 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 in circumstances in which a
release of that nature is authorized under division (E)(2), (3),
or (4) of section 109.57 of the Revised Code pursuant to a rule
adopted under division (E)(1) of that section.
(G) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
(4) "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. 109.578. (A) On receipt of a request pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(2) A violation of section 2909.03 of the Revised Code;
(3) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1) or (2)
of this section.
(B) Subject to division (E) of this section, the
superintendent shall conduct any criminal records check pursuant
to division (A) of this section as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code.
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested pursuant
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised
Code. The form that the superintendent prescribes pursuant to this
division may be in a tangible format, in an electronic format, or
in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any
person for whom a records check is requested pursuant to any of
those sections shall obtain the fingerprint impressions at a
county sheriff's office, a municipal police department, or any
other entity with the ability to make fingerprint impressions on
the standard impression sheets prescribed by the superintendent.
The office, department, or entity may charge the person a
reasonable fee for making the impressions. The standard impression
sheets the superintendent prescribes pursuant to this division may
be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The
person making the criminal records request shall pay the fee
prescribed pursuant to this division.
(4) The superintendent may prescribe methods of forwarding
fingerprint impressions and information necessary to conduct a
criminal records check. The methods shall include, but are not
limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division (A)
of this section and that the superintendent made with respect to
information considered in a criminal records check in accordance
with this section is valid for the person who is the subject of
the criminal records check for a period of one year from the date
upon which the superintendent makes the determination. During the
period in which the determination in regard to a person is valid,
if another request under this section is made for a criminal
records check for that person, the superintendent shall provide
the information that is the basis for the superintendent's initial
determination at a lower fee than the fee prescribed for the
initial criminal records check.
(E)(1) All information regarding the results of a criminal
records check conducted under this section that the superintendent
reports or sends under this section to the person, board, or
entity that made the request for the criminal records check shall
relate to the conviction of the subject person, or the subject
person's plea of guilty to, a criminal offense.
(2) Division (E)(1) of this section does not limit, restrict,
or preclude the superintendent's release of information that
relates to the arrest of a person who is eighteen years of age or
older, 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, if 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, as defined in section 2950.01 of the Revised
Code, 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 in circumstances in which a
release of that nature is authorized under division (E)(2), (3),
or (4) of section 109.57 of the Revised Code pursuant to a rule
adopted under division (E)(1) of that section.
(F) As used in this section, "criminal records check" means
any criminal records check conducted by the superintendent of the
bureau of criminal identification and investigation in accordance
with division (B) of this section.
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 with a nonprofit organization 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 with a nonprofit organization 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
with a nonprofit organization 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 on or after the time specified in whichever of the
following is applicable:
(a) If the person is under eighteen years of age, at any time
after six months after any of the following events occur:
(a)(i) The termination of any order made by the court in
relation to the adjudication;
(b)(ii) 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)(iii) 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.
(b) If the person is eighteen years of age or older, at any
time after the later of the following:
(i) The person's attainment of eighteen years of age;
(ii) The occurrence of any event identified in divisions
(C)(1)(a)(i) to (iii) of this section.
(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. 2151.357. (A) If the court orders the records of a
person sealed pursuant to section 2151.356 of the Revised Code,
the person who is subject of the order properly may, and the court
shall, reply that no record exists with respect to the person upon
any inquiry in the matter, and the court, except as provided in
division (D) of this section, shall do all of the following:
(1) Order that the proceedings in a case described in
divisions (B) and (C) of section 2151.356 of the Revised Code be
deemed never to have occurred;
(2) Except as provided in division (C) of this section,
delete all index references to the case and the person so that the
references are permanently irretrievable;
(3) Order that all original records of the case maintained by
any public office or agency, except fingerprints held by a law
enforcement agency, DNA specimens collected pursuant to section
2152.74 of the Revised Code, and DNA records derived from DNA
specimens pursuant to section 109.573 of the Revised Code, be
delivered to the court;
(4) Order each public office or agency, upon the delivering
of records to the court under division (A)(3) of this section, to
expunge remaining records of the case that are the subject of the
sealing order that are maintained by that public office or agency,
except fingerprints, DNA specimens, and DNA records described
under division (A)(3) of this section;
(5) Send notice of the order to seal to any public office or
agency that the court has reason to believe may have a record of
the sealed record including, but not limited to, the bureau of
criminal identification and investigation;
(6) Seal all of the records delivered to the court under
division (A)(3) of this section, in a separate file in which only
sealed records are maintained.
(B) Except as provided in division (D) of this section, an
order to seal under section 2151.356 of the Revised Code applies
to every public office or agency that has a record relating to the
case, regardless of whether it receives notice of the hearing on
the sealing of the record or a copy of the order. Except as
provided in division (D) of this section, upon the written request
of a person whose record has been sealed and the presentation of a
copy of the order and compliance with division (A)(3) of this
section, a public office or agency shall expunge its record
relating to the case, except a record of the adjudication or
arrest or taking into custody that is maintained for compiling
statistical data and that does not contain any reference to the
person who is the subject of the order.
(C) The court that maintains sealed records pursuant to this
section may maintain a manual or computerized index of the sealed
records and shall make the index available only for the purposes
set forth in division (E) of this section.
(1) Each entry regarding a sealed record in the index of
sealed records shall contain all of the following:
(a) The name of the person who is the subject of the sealed
record;
(b) An alphanumeric identifier relating to the person who is
the subject of the sealed record;
(d) The name of the court that has custody of the sealed
record.
(2) Any entry regarding a sealed record in the index of
sealed records shall not contain either of the following:
(a) The social security number of the person who is subject
of the sealed record;
(b) The name or a description of the act committed.
(D) Notwithstanding any provision of this section that
requires otherwise, a board of education of a city, local,
exempted village, or joint vocational school district that
maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code
is permitted to maintain records regarding an adjudication that
the individual is a delinquent child that was used as the basis
for the individual's permanent exclusion, regardless of a court
order to seal the record. An order issued under section 2151.356
of the Revised Code to seal the record of an adjudication that an
individual is a delinquent child does not revoke the adjudication
order of the superintendent of public instruction to permanently
exclude the individual who is the subject of the sealing order. An
order to seal the record of an adjudication that an individual is
a delinquent child may be presented to a district superintendent
as evidence to support the contention that the superintendent
should recommend that the permanent exclusion of the individual
who is the subject of the sealing order be revoked. Except as
otherwise authorized by this division and sections 3301.121 and
3313.662 of the Revised Code, any school employee in possession of
or having access to the sealed adjudication records of an
individual that were the basis of a permanent exclusion of the
individual is subject to division (F) of this section.
(E) Inspection of records that have been ordered sealed under
section 2151.356 of the Revised Code may be made only by the
following persons or for the following purposes:
(2) If the records in question pertain to an act that would
be an offense of violence that would be a felony if committed by
an adult, by any law enforcement officer or any prosecutor, or the
assistants of a law enforcement officer or prosecutor, for any
valid law enforcement or prosecutorial purpose;
(3) Upon application by the person who is the subject of the
sealed records, by the person that is named in that application;
(4) If the records in question pertain to an alleged
violation of division (E)(1) of section 4301.69 of the Revised
Code, by any law enforcement officer or any prosecutor, or the
assistants of a law enforcement officer or prosecutor, for the
purpose of determining whether the person is eligible for
diversion under division (E)(2) of section 4301.69 of the Revised
Code;
(5) At the request of a party in a civil action that is based
on a case the records for which are the subject of a sealing order
issued under section 2151.356 of the Revised Code, as needed for
the civil action. The party also may copy the records as needed
for the civil action. The sealed records shall be used solely in
the civil action and are otherwise confidential and subject to the
provisions of this section;
(6) By the attorney general or an authorized employee of the
attorney general or the court for purposes of determining whether
a child is a public registry-qualified juvenile offender
registrant, as defined in section 2950.01 of the Revised Code, for
purposes of Chapter 2950. of the Revised Code.
(F) No officer or employee of the state or any of its
political subdivisions shall knowingly release, disseminate, or
make available for any purpose involving employment, bonding,
licensing, or education to any person or to any department,
agency, or other instrumentality of the state or of any of its
political subdivisions any information or other data concerning
any arrest, taking into custody, complaint, indictment,
information, trial, hearing, adjudication, or correctional
supervision, the records of which have been sealed pursuant to
section 2151.356 of the Revised Code and the release,
dissemination, or making available of which is not expressly
permitted by this section. Whoever violates this division is
guilty of divulging confidential information, a misdemeanor of the
fourth degree.
(G) In any application for employment, license, or other
right or privilege, any appearance as a witness, or any other
inquiry, a person may not be questioned with respect to any arrest
or taking into custody for which the records were sealed. If an
inquiry is made in violation of this division, the person may
respond as if the sealed arrest or taking into custody did not
occur, and the person shall not be subject to any adverse action
because of the arrest or taking into custody or the response.
(H) The judgment rendered by the court under this chapter
shall not impose any of the civil disabilities ordinarily imposed
by conviction of a crime in that the child is not a criminal by
reason of the adjudication, and no child shall be charged with or
convicted of a crime in any court except as provided by this
chapter. The disposition of a child under the judgment rendered or
any evidence given in court shall not operate to disqualify a
child in any future civil service examination, appointment, or
application. Evidence of a judgment rendered and the disposition
of a child under the judgment is not admissible to impeach the
credibility of the child in any action or proceeding. Otherwise,
the disposition of a child under the judgment rendered or any
evidence given in court is admissible as evidence for or against
the child in any action or proceeding in any court in accordance
with the Rules of Evidence and also may be considered by any court
as to the matter of sentence or to the granting of probation, and
a court may consider the judgment rendered and the disposition of
a child under that judgment for purposes of determining whether
the child, for a future criminal conviction or guilty plea, is a
repeat violent offender, as defined in section 2929.01 of the
Revised Code.
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, all identifying information, other than the person's
county of residence, age, gender, and race and the charges against
the person, that relates to 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. 2907.28. (A) Any cost incurred by a hospital or
emergency medical facility in conducting a medical examination of
a victim of an offense under any provision of sections 2907.02 to
2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution, including the cost of any
antibiotics administered as part of the examination, shall be paid
out of the reparations fund established pursuant to section
2743.191 of the Revised Code, subject to the following conditions:
(1) The hospital or emergency facility shall follow a
protocol for conducting such medical examinations that is
identified by the attorney general in rule adopted in accordance
with Chapter 119. of the Revised Code.
(2) The hospital or emergency facility shall submit requests
for payment to the attorney general on a monthly basis, through a
procedure determined by the attorney general and on forms approved
by the attorney general. The requests shall identify the number of
sexual assault examinations performed and shall verify that all
required protocols were met for each examination form submitted
for payment in the request.
(3) The attorney general shall review all requests for
payment that are submitted under division (A)(2) of this section
and shall submit for payment as described in division (A)(5) of
this section all requests that meet the requirements of this
section.
(4) The hospital or emergency facility shall accept a flat
fee payment for conducting each examination in the amount
determined by the attorney general pursuant to Chapter 119. of the
Revised Code as payment in full for any cost incurred in
conducting a medical examination and test of a victim of an
offense under any provision of sections 2907.02 to 2907.06 of the
Revised Code for the purpose of gathering physical evidence for a
possible prosecution of a person. The attorney general shall
determine a flat fee payment amount to be paid under this division
that is reasonable.
(5) In approving a payment under this section, the attorney
general shall order the payment against the state. The payment
shall be accomplished only through the following procedure, and
the procedure may be enforced through a mandamus action and a writ
of mandamus directed to the appropriate official:
(a) The attorney general shall provide for payment in the
amount set forth in the order.
(b) The expense of the payment of the amount described in
this section shall be charged against all available unencumbered
moneys in the reparations fund.
(B) No costs incurred by a hospital or emergency facility in
conducting a medical examination and test of any victim of an
offense under any provision of sections 2907.02 to 2907.06 of the
Revised Code for the purpose of gathering physical evidence for a
possible prosecution of a person shall be billed or charged
directly or indirectly to the victim or the victim's insurer.
(C) Any cost incurred by a hospital or emergency medical
facility in conducting a medical examination and test of any
person who 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 under which by force
or threat of force the accused compelled the victim to engage in
sexual activity, pursuant to division (B) of section 2907.27 of
the Revised Code, shall be charged to and paid by the accused who
undergoes the examination and test, unless the court determines
that the accused is unable to pay, in which case the cost shall be
charged to and paid by the municipal corporation in which the
offense allegedly was committed, or charged to and paid by the
county if the offense allegedly was committed within an
unincorporated area. If separate counts of an alleged offense or
alleged separate offenses under division (B) of section 2903.11 or
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,
2907.241, or 2907.25 of the Revised Code or, under a municipal
ordinance that is substantially equivalent to that division or any
of those sections, or under a statute or municipal ordinance in
violation of which by force or threat of force the accused
compelled the victim to engage in sexual activity took place in
more than one municipal corporation or more than one
unincorporated area, or both, the local governments shall share
the cost of the examination and test. If a hospital or other
emergency medical facility has submitted charges for the cost of a
medical examination and test to an accused and has been unable to
collect payment for the charges after making good faith attempts
to collect for a period of six months or more, the cost shall be
charged to and paid by the appropriate municipal corporation or
county as specified in division (C) of this section.
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. 2947.23. (A)(1)(a) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. If the judge or magistrate
imposes a community control sanction or other nonresidential
sanction, the judge or magistrate, when imposing the sanction,
shall notify the defendant of both of the following:
(i) If the defendant fails to pay that judgment or fails to
timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.
(ii) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(b) The failure of a judge or magistrate to notify the
defendant pursuant to division (A)(1)(a) of this section does not
negate or limit the authority of the court to order the defendant
to perform community service if the defendant fails to pay the
judgment described in that division or to timely make payments
toward that judgment under an approved payment plan.
(2) The following shall apply in all criminal cases:
(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause or
because the defendant entered a plea of guilty or no contest less
than twenty-four hours before the scheduled commencement of the
trial, the costs incurred in summoning jurors for that particular
trial may be included in the costs of prosecution. If the costs
incurred in summoning jurors are assessed against the defendant,
those costs shall be paid to the public treasury from which the
jurors were paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.
(C) The court retains jurisdiction to waive, suspend, or
modify the payment of the costs of prosecution, including any
costs under section 2947.231 of the Revised Code, at the time of
sentencing or at any time thereafter.
(D) As used in this section:
(1) "Case" means a prosecution of all of the charges that
result from the same act, transaction, or series of acts or
transactions and that are given the same case type designator and
case number under Rule 43 of the Rules of Superintendence for the
Courts of Ohio or any successor to that rule.
(2) "Specified hourly credit rate" means an hourly credit
rate set by the judge or magistrate, which shall not be less than
the wage rate that is specified in 26 U.S.C.A. 206(a)(1) under the
federal Fair Labor Standards Act of 1938, that then is in effect,
and that an employer subject to that provision must pay per hour
to each of the employer's employees who is subject to that
provision.
Sec. 2953.25. (A) As used in this section:
(1) "Collateral sanction" means a penalty, disability, or
disadvantage that is related to employment or occupational
licensing, however denominated, as a result of the individual's
conviction of or plea of guilty to an offense and that applies by
operation of law in this state whether or not the penalty,
disability, or disadvantage is included in the sentence or
judgment imposed.
"Collateral sanction" does not include imprisonment,
probation, parole, supervised release, forfeiture, restitution,
fine, assessment, or costs of prosecution.
(2) "Decision-maker" includes, but is not limited to, the
state acting through a department, agency, board, commission, or
instrumentality established by the law of this state for the
exercise of any function of government, a political subdivision,
an educational institution, or a government contractor or
subcontractor made subject to this section by contract, law, or
ordinance.
(3) "Department-funded program" means a residential or
nonresidential program that is not a term in a state correctional
institution, that is funded in whole or part by the department of
rehabilitation and correction, and that is imposed as a sanction
for an offense, as part of a sanction that is imposed for an
offense, or as a term or condition of any sanction that is imposed
for an offense.
(4) "Designee" means the person designated by the deputy
director of the division of parole and community services to
perform the duties designated in division (B) of this section.
(5) "Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.
(6) "Offense" means any felony or misdemeanor under the laws
of this state.
(7) "Political subdivision" has the same meaning as in
section 2969.21 of the Revised Code.
(B)(1) After the provisions of this division become operative
as described in division (J) of this section, an individual who is
subject to one or more collateral sanctions as a result of being
convicted of or pleading guilty to an offense and who either has
served a term in a state correctional institution for any offense
or has spent time in a department-funded program for any offense
may file a petition with the designee of the deputy director of
the division of parole and community services for a certificate of
qualification for employment.
(2) After the provisions of this division become operative as
described in division (J) of this section, an individual who is
subject to one or more collateral sanctions as a result of being
convicted of or pleading guilty to an offense and who is not in a
category described in division (B)(1) of this section may file a
petition with the court of common pleas of the county in which the
person resides or with the designee of the deputy director of the
division of parole and community services for a certificate of
qualification for employment.
(3) A petition under division (B)(1) or (2) of this section
shall be made on a copy of the form prescribed by the division of
parole and community services under division (J) of this section
and shall contain all of the information described in division (F)
of this section.
(4) An individual may file a petition under division (B)(1)
or (2) of this section at any time after the expiration of
whichever of the following is applicable:
(a) If the offense that resulted in the collateral sanction
from which the individual seeks relief is a felony, at any time
after the expiration of one year from the date of release of the
individual from any period of incarceration in a state or local
correctional facility that was imposed for that offense and all
periods of supervision imposed after release from the period of
incarceration or, if the individual was not incarcerated for that
offense, at any time after the expiration of one year from the
date of the individual's final release from all other sanctions
imposed for that offense.
(b) If the offense that resulted in the collateral sanction
from which the individual seeks relief is a misdemeanor, at any
time after the expiration of six months from the date of release
of the individual from any period of incarceration in a local
correctional facility that was imposed for that offense and all
periods of supervision imposed after release from the period of
incarceration or, if the individual was not incarcerated for that
offense, at any time after the expiration of six months from the
date of the final release of the individual from all sanctions
imposed for that offense including any period of supervision.
(5)(a) A designee that receives a petition for a
certification of qualification for employment from an individual
under division (B)(1) or (2) of this section shall review the
petition to determine whether it is complete. If the petition is
complete, the designee shall forward the petition, and any other
information the designee possesses that relates to the petition,
to the court of common pleas of the county in which the individual
resides.
(b) A court of common pleas that receives a petition for a
certificate of qualification for employment from an individual
under division (B)(2) of this section, or that is forwarded a
petition for such a certificate under division (B)(5)(a) of this
section, shall attempt to determine all other courts in this state
in which the individual was convicted of or pleaded guilty to an
offense other than the offense from which the individual is
seeking relief. The court that receives or is forwarded the
petition shall notify all other courts in this state that it
determines under this division were courts in which the individual
was convicted of or pleaded guilty to an offense other than the
offense from which the individual is seeking relief that the
individual has filed the petition and that the court may send
comments regarding the possible issuance of the certificate.
A court of common pleas that receives a petition for a
certificate of qualification for employment under division (B)(2)
of this section shall notify the prosecuting attorney of the
county in which the individual resides that the individual has
filed the petition.
A court of common pleas that receives a petition for a
certificate of qualification for employment under division (B)(2)
of this section, or that is forwarded a petition for qualification
under division (B)(5)(a) of this section may direct the clerk of
court to process and record all notices required in or under this
section.
(C)(1) Upon receiving a petition for a certificate of
qualification for employment filed by an individual under division
(B)(2) of this section or being forwarded a petition for such a
certificate under division (B)(5)(a) of this section, the court
shall review the individual's petition, the individual's criminal
history, all filings submitted by the prosecutor or by the victim
in accordance with rules adopted by the division of parole and
community services, and all other relevant evidence. The court may
order any report, investigation, or disclosure by the individual
that the court believes is necessary for the court to reach a
decision on whether to approve the individual's petition for a
certificate of qualification for employment.
(2) Upon receiving a petition for a certificate of
qualification for employment filed by an individual under division
(B)(2) of this section or being forwarded a petition for such a
certificate under division (B)(5)(a) of this section, except as
otherwise provided in this division, the court shall decide
whether to issue the certificate within sixty days after the court
receives or is forwarded the completed petition and all
information requested for the court to make that decision. Upon
request of the individual who filed the petition, the court may
extend the sixty-day period specified in this division.
(3) Subject to division (C)(5) of this section, a court that
receives an individual's petition for a certificate of
qualification for employment under division (B)(2) of this section
or that is forwarded a petition for such a certificate under
division (B)(5)(a) of this section may issue a certificate of
qualification for employment, at the court's discretion, if the
court finds that the individual has established all of the
following by a preponderance of the evidence:
(a) Granting the petition will materially assist the
individual in obtaining employment or occupational licensing.
(b) The individual has a substantial need for the relief
requested in order to live a law-abiding life.
(c) Granting the petition would not pose an unreasonable risk
to the safety of the public or any individual.
(4) The submission of an incomplete petition by an individual
shall not be grounds for the designee or court to deny the
petition.
(5) A court that receives an individual's petition for a
certificate of qualification for employment under division (B)(2)
of this section or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section shall not
issue a certificate of qualification for employment that grants
the individual relief from any of the following collateral
sanctions:
(a) Requirements imposed by Chapter 2950. of the Revised Code
and rules adopted under sections 2950.13 and 2950.132 of the
Revised Code;
(b) A driver's license, commercial driver's license, or
probationary license suspension, cancellation, or revocation
pursuant to section 4510.037, 4510.07, 4511.19, or 4511.191 of the
Revised Code if the relief sought is available pursuant to section
4510.021 or division (B) of section 4510.13 of the Revised Code;
(c) Restrictions on employment as a prosecutor or law
enforcement officer;
(d) The denial, ineligibility, or automatic suspension of a
license that is imposed upon an individual applying for or holding
a license as a health care professional under Title XLVII of the
Revised Code if the individual is convicted of, pleads guilty to,
is subject to a judicial finding of eligibility for intervention
in lieu of conviction in this state under section 2951.041 of the
Revised Code, or is subject to treatment or intervention in lieu
of conviction for a violation of section 2903.01, 2903.02,
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, 2911.11, or 2919.123 of the Revised Code;
(e) The immediate suspension of a license, certificate, or
evidence of registration that is imposed upon an individual
holding a license as a health care professional under Title XLVII
of the Revised Code pursuant to division (C) of section 3719.121
of the Revised Code;
(f) The denial or ineligibility for employment in a pain
clinic under division (B)(4) of section 4729.552 of the Revised
Code;
(g) The mandatory suspension of a license that is imposed on
an individual applying for or holding a license as a health care
professional under Title XLVII of the Revised Code pursuant to
section 3123.43 of the Revised Code.
(6) If a court that receives an individual's petition for a
certificate of qualification for employment under division (B)(2)
of this section or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section denies the
petition, the court shall provide written notice to the individual
of the court's denial. The court may place conditions on the
individual regarding the individual's filing of any subsequent
petition for a certificate of qualification for employment. The
written notice must notify the individual of any conditions placed
on the individual's filing of a subsequent petition for a
certificate of qualification for employment.
If a court of common pleas that receives an individual's
petition for a certificate of qualification for employment under
division (B)(2) of this section or that is forwarded a petition
for such a certificate under division (B)(5)(a) of this section
denies the petition, the individual may appeal the decision to the
court of appeals only if the individual alleges that the denial
was an abuse of discretion on the part of the court of common
pleas.
(D) A certificate of qualification for employment issued to
an individual lifts the automatic bar of a collateral sanction,
and a decision-maker shall consider on a case-by-case basis
whether to grant or deny the issuance or restoration of an
occupational license or an employment opportunity, notwithstanding
the individual's possession of the certificate, without, however,
reconsidering or rejecting any finding made by a designee or court
under division (C)(3) of this section.
(E) A certificate of qualification for employment does not
grant the individual to whom the certificate was issued relief
from the mandatory civil impacts identified in division (A)(1) of
section 2961.01 or division (B) of section 2961.02 of the Revised
Code.
(F) A petition for a certificate of qualification for
employment filed by an individual under division (B)(1) or (2) of
this section shall include all of the following:
(1) The individual's name, date of birth, and social security
number;
(2) All aliases of the individual and all social security
numbers associated with those aliases;
(3) The individual's residence address, including the city,
county, and state of residence and zip code;
(4) The length of time that the individual has been a
resident of this state, expressed in years and months of
residence;
(5) The name or type of each collateral sanction from which
the individual is requesting a certificate of qualification for
employment;
(6) A summary of the individual's criminal history with
respect to each offense that is a disqualification from employment
or licensing in an occupation or profession, including the years
of each conviction or plea of guilty for each of those offenses;
(7) A summary of the individual's employment history,
specifying the name of, and dates of employment with, each
employer;
(8) Verifiable references and endorsements;
(9) The name of one or more immediate family members of the
individual, or other persons with whom the individual has a close
relationship, who support the individual's reentry plan;
(10) A summary of the reason the individual believes the
certificate of qualification for employment should be granted;
(11) Any other information required by rule by the department
of rehabilitation and correction.
(G)(1) In a judicial or administrative proceeding alleging
negligence or other fault, a certificate of qualification for
employment issued to an individual under this section may be
introduced as evidence of a person's due care in hiring,
retaining, licensing, leasing to, admitting to a school or
program, or otherwise transacting business or engaging in activity
with the individual to whom the certificate of qualification for
employment was issued if the person knew of the certificate at the
time of the alleged negligence or other fault.
(2) In any proceeding on a claim against an employer for
negligent hiring, a certificate of qualification for employment
issued to an individual under this section shall provide immunity
for the employer as to the claim if the employer knew of the
certificate at the time of the alleged negligence.
(3) If an employer hires an individual who has been issued a
certificate of qualification for employment under this section, if
the individual, after being hired, subsequently demonstrates
dangerousness or is convicted of or pleads guilty to a felony, and
if the employer retains the individual as an employee after the
demonstration of dangerousness or the conviction or guilty plea,
the employer may be held liable in a civil action that is based on
or relates to the retention of the individual as an employee only
if it is proved by a preponderance of the evidence that the person
having hiring and firing responsibility for the employer had
actual knowledge that the employee was dangerous or had been
convicted of or pleaded guilty to the felony and was willful in
retaining the individual as an employee after the demonstration of
dangerousness or the conviction or guilty plea of which the person
has actual knowledge.
(H) A certificate of qualification for employment issued
under this section shall be presumptively revoked if the
individual to whom the certificate of qualification for employment
was issued is convicted of or pleads guilty to a felony offense
committed subsequent to the issuance of the certificate of
qualification for employment.
(I) A designee's forwarding, or failure to forward, a
petition for a certificate of qualification for employment to a
court or a court's issuance, or failure to issue, a petition for a
certificate of qualification for employment to an individual under
division (B) of this section does not give rise to a claim for
damages against the department of rehabilitation and correction or
court.
(J) Not later than ninety days after the effective date of
this section September 28, 2012, the division of parole and
community services shall adopt rules in accordance with Chapter
119. of the Revised Code for the implementation and administration
of this section and shall prescribe the form for the petition to
be used under division (B)(1) or (2) of this section. The form for
the petition shall include places for all of the information
specified in division (F) of this section. Upon the adoption of
the rules, the provisions of divisions (A) to (I) of this section
become operative.
(K) The department of rehabilitation and correction shall
conduct a study to determine the manner for transferring the
mechanism for the issuance of a certificate of qualification for
employment created by this section to an electronic database
established and maintained by the department. The database to
which the mechanism is to be transferred shall include granted
certificates and revoked certificates and shall be designed to
track the number of certificates granted and revoked, the
industries, occupations, and professions with respect to which the
certificates have been most applicable, the types of employers
that have accepted the certificates, and the recidivism rates of
individuals who have been issued the certificates. Not later than
the date that is one year after the effective date of this section
September 28, 2012, the department of rehabilitation and
correction shall submit to the general assembly and the governor a
report that contains the results of the study and recommendations
for transferring the mechanism for the issuance of certificate of
qualification for employment created by this section to an
electronic database established and maintained by the department.
(L) The department of rehabilitation and correction, in
conjunction with the Ohio judicial conference, shall conduct a
study to determine whether the application process for
certificates of qualification for employment created by this
section is feasible based upon the caseload capacity of the
department and the courts of common pleas. Not later than the date
that is one year after the effective date of this section
September 28, 2012, the department shall submit to the general
assembly a report that contains the results of the study and any
recommendations for improvement of the application process.
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the
Revised Code:
(A) "Eligible offender" means anyone who has been convicted
of an offense in this state or any other jurisdiction and who has
not more than one felony conviction, not more than two misdemeanor
convictions if the convictions are not of the same offense, or not
more than one felony conviction and one misdemeanor conviction in
this state or any other jurisdiction. When two or more convictions
result from or are connected with the same act or result from
offenses committed at the same time, they shall be counted as one
conviction. When two or three convictions result from the same
indictment, information, or complaint, from the same plea of
guilty, or from the same official proceeding, and result from
related criminal acts that were committed within a three-month
period but do not result from the same act or from offenses
committed at the same time, they shall be counted as one
conviction, provided that a court may decide as provided in
division (C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the public interest for the two or three convictions to
be counted as one conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor, for a violation of
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the
Revised Code, or for a violation of a municipal ordinance that is
substantially similar to any section in those chapters is not a
conviction. However, a conviction for a violation of section
4511.19, 4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or
4549.62 or sections 4549.41 to 4549.46 of the Revised Code, for a
violation of section 4510.11 or 4510.14 of the Revised Code that
is based upon the offender's operation of a vehicle during a
suspension imposed under section 4511.191 or 4511.196 of the
Revised Code, for a violation of a substantially equivalent
municipal ordinance, for a felony violation of Title XLV of the
Revised Code, or for a violation of a substantially equivalent
former law of this state or former municipal ordinance shall be
considered a conviction.
(B) "Prosecutor" means the county prosecuting attorney, city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
(H) "DNA database," "DNA record," and "law enforcement
agency" have the same meanings as in section 109.573 of the
Revised Code.
(I) "Fingerprints filed for record" means any fingerprints
obtained by the superintendent of the bureau of criminal
identification and investigation pursuant to sections 109.57 and
109.571 of the Revised Code.
Sec. 2953.32. (A)(1) Except as provided in section 2953.61
of the Revised Code, an eligible offender may apply to the
sentencing court if convicted in this state, or to a court of
common pleas if convicted in another state or in a federal court,
for the sealing of the conviction record of the case that pertains
to the conviction. Application may be made at the expiration of
three years after the offender's final discharge if convicted of a
felony, or at the expiration of one year after the offender's
final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture for the offense
charged may apply to the court in which the misdemeanor criminal
case was pending when bail was forfeited for the sealing of the
record of the case that pertains to the charge. Except as provided
in section 2953.61 of the Revised Code, the application may be
filed at any time after the expiration of one year from the date
on which the bail forfeiture was entered upon the minutes of the
court or the journal, whichever entry occurs first.
(B) Upon the filing of an application under this section, the
court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by filing
an objection with the court prior to the date set for the hearing.
The prosecutor shall specify in the objection the reasons for
believing a denial of the application is justified. The court
shall direct its regular probation officer, a state probation
officer, or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the
court requires concerning the applicant. If the applicant was
convicted of or pleaded guilty to a violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, the probation
officer or county department of probation that the court directed
to make inquiries concerning the applicant shall contact the child
support enforcement agency enforcing the applicant's obligations
under the child support order to inquire about the offender's
compliance with the child support order.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is an eligible offender
or whether the forfeiture of bail was agreed to by the applicant
and the prosecutor in the case. If the applicant applies as an
eligible offender pursuant to division (A)(1) of this section and
has two or three convictions that result from the same indictment,
information, or complaint, from the same plea of guilty, or from
the same official proceeding, and result from related criminal
acts that were committed within a three-month period but do not
result from the same act or from offenses committed at the same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two or three convictions to be counted as one conviction.
If the court determines that it is not in the public interest for
the two or three convictions to be counted as one conviction, the
court shall determine that the applicant is not an eligible
offender; if the court does not make that determination, the court
shall determine that the offender is an eligible offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is an eligible offender who applies
pursuant to division (A)(1) of this section, determine whether the
applicant has been rehabilitated to the satisfaction of the court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction or bail
forfeiture sealed against the legitimate needs, if any, of the
government to maintain those records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is an eligible offender
or the subject of a bail forfeiture, that no criminal proceeding
is pending against the applicant, and that the interests of the
applicant in having the records pertaining to the applicant's
conviction or bail forfeiture sealed are not outweighed by any
legitimate governmental needs to maintain those records, and that
the rehabilitation of an applicant who is an eligible offender
applying pursuant to division (A)(1) of this section has been
attained to the satisfaction of the court, the court, except as
provided in divisions (G) and (H) of this section, shall order all
official records pertaining of the case that pertain to the case
conviction or bail forfeiture sealed and, except as provided in
division (F) of this section, all index references to the case
that pertain to the conviction or bail forfeiture deleted and, in
the case of bail forfeitures, shall dismiss the charges in the
case. The proceedings in the case that pertain to the conviction
or bail forfeiture shall be considered not to have occurred and
the conviction or bail forfeiture of the person who is the subject
of the proceedings shall be sealed, except that upon conviction of
a subsequent offense, the sealed record of prior conviction or
bail forfeiture may be considered by the court in determining the
sentence or other appropriate disposition, including the relief
provided for in sections 2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury.
It shall pay twenty dollars of the fee into the county general
revenue fund if the sealed conviction or bail forfeiture was
pursuant to a state statute, or into the general revenue fund of
the municipal corporation involved if the sealed conviction or
bail forfeiture was pursuant to a municipal ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or the
assistants of either, to determine whether the nature and
character of the offense with which a person is to be charged
would be affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who is
the subject of the records, for the exclusive use of the officer
in supervising the person while on parole or under a community
control sanction or a post-release control sanction, and in making
inquiries and written reports as requested by the court or adult
parole authority;
(3) Upon application by the person who is the subject of the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants, to determine a defendant's eligibility to enter a
pre-trial diversion program established pursuant to section
2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee
of a law enforcement agency or by the department of rehabilitation
and correction as part of a background investigation of a person
who applies for employment with the agency as a law enforcement
officer or with the department as a corrections officer;
(7) By any law enforcement agency or any authorized employee
of a law enforcement agency, for the purposes set forth in, and in
the manner provided in, section 2953.321 of the Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of performing a criminal history records check on a person
to whom a certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(11) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(12) By the attorney general or an authorized employee of the
attorney general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or department
that maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to this section may
maintain a manual or computerized index to the sealed records. The
index shall contain only the name of, and alphanumeric identifiers
that relate to, the persons who are the subject of the sealed
records, the word "sealed," and the name of the person, agency,
office, or department that has custody of the sealed records, and
shall not contain the name of the crime committed. The index shall
be made available by the person who has custody of the sealed
records only for the purposes set forth in divisions (C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or section
2953.33 of the Revised Code that requires otherwise, a board of
education of a city, local, exempted village, or joint vocational
school district that maintains records of an individual who has
been permanently excluded under sections 3301.121 and 3313.662 of
the Revised Code is permitted to maintain records regarding a
conviction that was used as the basis for the individual's
permanent exclusion, regardless of a court order to seal the
record. An order issued under this section to seal the record of a
conviction does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of a conviction of an
individual may be presented to a district superintendent as
evidence to support the contention that the superintendent should
recommend that the permanent exclusion of the individual who is
the subject of the sealing order be revoked. Except as otherwise
authorized by this division and sections 3301.121 and 3313.662 of
the Revised Code, any school employee in possession of or having
access to the sealed conviction records of an individual that were
the basis of a permanent exclusion of the individual is subject to
section 2953.35 of the Revised Code.
(H) For purposes of sections 2953.31 to 2953.36 of the
Revised Code, DNA records collected in the DNA database and
fingerprints filed for record by the superintendent of the bureau
of criminal identification and investigation shall not be sealed
unless the superintendent receives a certified copy of a final
court order establishing that the offender's conviction has been
overturned. For purposes of this section, a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
Sec. 2953.321. (A) As used in this section, "investigatory
work product" means any records or reports of a law enforcement
officer or agency that are excepted from the definition of
"official records" contained in section 2953.51 of the Revised
Code and that pertain to a case conviction or bail forfeiture the
records of which have been ordered sealed pursuant to division
(C)(2) of section 2953.32 of the Revised Code or that pertain to a
conviction or delinquent child adjudication the records of which
have been ordered expunged pursuant to division (E) of section
2151.358, division (D)(2) of section 2953.37, or division (G) of
section 2953.38 of the Revised Code.
(B) Upon the issuance of an order by a court pursuant to
division (C)(2) of section 2953.32 of the Revised Code directing
that all official records of a case pertaining to a case
conviction or bail forfeiture be sealed or an order by a court
pursuant to division (E) of section 2151.358, division (D)(2) of
section 2953.37, or division (G) of section 2953.38 of the Revised
Code directing that all official records of a case pertaining to a
case conviction or delinquent child adjudication be expunged:
(1) Every law enforcement officer who possesses investigatory
work product immediately shall deliver that work product to the
law enforcement officer's employing law enforcement agency.
(2) Except as provided in division (B)(3) of this section,
every law enforcement agency that possesses investigatory work
product shall close that work product to all persons who are not
directly employed by the law enforcement agency and shall treat
that work product, in relation to all persons other than those who
are directly employed by the law enforcement agency, as if it did
not exist and never had existed.
(3) A law enforcement agency that possesses investigatory
work product may permit another law enforcement agency to use that
work product in the investigation of another offense if the facts
incident to the offense being investigated by the other law
enforcement agency and the facts incident to an offense that is
the subject of the case are reasonably similar. The agency that
permits the use of investigatory work product may provide the
other agency with the name of the person who is the subject of the
case if it believes that the name of the person is necessary to
the conduct of the investigation by the other agency.
(C)(1) Except as provided in division (B)(3) of this section,
no law enforcement officer or other person employed by a law
enforcement agency shall knowingly release, disseminate, or
otherwise make the investigatory work product or any information
contained in that work product available to, or discuss any
information contained in it with, any person not employed by the
employing law enforcement agency.
(2) No law enforcement agency, or person employed by a law
enforcement agency, that receives investigatory work product
pursuant to division (B)(3) of this section shall use that work
product for any purpose other than the investigation of the
offense for which it was obtained from the other law enforcement
agency, or disclose the name of the person who is the subject of
the work product except when necessary for the conduct of the
investigation of the offense, or the prosecution of the person for
committing the offense, for which it was obtained from the other
law enforcement agency.
(3) It is not a violation of division (C)(1) or (2) of this
section for the bureau of criminal identification and
investigation or any authorized employee of the bureau
participating in the investigation of criminal activity to
release, disseminate, or otherwise make available to, or discuss
with, a person directly employed by a law enforcement agency DNA
records collected in the DNA database or fingerprints filed for
record by the superintendent of the bureau of criminal
identification and investigation.
(D) Whoever violates division (C)(1) or (2) of this section
is guilty of divulging confidential investigatory work product, a
misdemeanor of the fourth degree.
Sec. 2953.35. (A)(1) As used in divisions (A)(2) and (3) of
this section, "law enforcement or justice system matter" means an
arrest, complaint, indictment, trial, hearing, adjudication,
conviction, or correctional supervision.
(2) Except as authorized by divisions (D), (E), and (F) of
section 2953.32 of the Revised Code or by Chapter 2950. of the
Revised Code and subject to division (A)(3) of this section, any
officer or employee of the state, or a political subdivision of
the state, who releases or otherwise disseminates or makes
available for any purpose involving employment, bonding, or
licensing in connection with any business, trade, or profession to
any person, or to any department, agency, or other instrumentality
of the state, or any political subdivision of the state, any
information or other data concerning any arrest, complaint,
indictment, trial, hearing, adjudication, conviction, or
correctional supervision law enforcement or justice system matter
the records with respect to which the officer or employee had
knowledge of were sealed by an existing order issued pursuant to
sections 2953.31 to 2953.36 of the Revised Code, were expunged by
an order issued pursuant to division (E) of section 2151.358,
section 2953.37, or section 2953.38 of the Revised Code, or were
expunged by an order issued pursuant to section 2953.42 of the
Revised Code as it existed prior to June 29, 1988, is guilty of
divulging confidential information, a misdemeanor of the fourth
degree.
(3) Division (A)(2) of this section does not apply to an
officer or employee of the state, or a political subdivision of
the state, who releases or otherwise disseminates or makes
available for any purpose specified in that division any
information or other data concerning a law enforcement or justice
system matter the records of which the officer had knowledge were
sealed or expunged by an order of a type described in that
division, if all of the following apply:
(a) The officer or employee released, disseminated, or made
available the information or data from the sealed or expunged
records together with information or data concerning another law
enforcement or justice system matter.
(b) The records of the other law enforcement or justice
matter were not sealed or expunged by any order of a type
described in division (A)(2) of this section.
(c) The law enforcement or justice matter covered by the
information or data from the sealed or expunged records and the
other law enforcement or justice matter covered by the information
or data from the records that were not sealed or expunged resulted
from or were connected to the same act.
(d) The officer or employee made a good faith effort to not
release, disseminate, or make available any information or other
data concerning any law enforcement or justice matter from the
sealed or expunged records, and the officer or employee did not
release, disseminate, or make available the information or other
data from the sealed or expunged records with malicious purpose,
in bad faith, or in a wanton or reckless manner.
(B) Any person who, in violation of section 2953.32 of the
Revised Code, uses, disseminates, or otherwise makes available any
index prepared pursuant to division (F) of section 2953.32 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(C) It is not a violation of this section for the bureau of
criminal identification and investigation or any authorized
employee of the bureau participating in the investigation of
criminal activity to release, disseminate, or otherwise make
available to, or discuss with, a person directly employed by a law
enforcement agency DNA records collected in the DNA database or
fingerprints filed for record by the superintendent of the bureau
of criminal identification and investigation.
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, when all of the
charges either are dismissed, end in a judgment that the person
was not guilty, or end in the entry of a no bill by a grand jury,
and when 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.
This division does not apply with respect to any charge that
results in a conviction or a bail forfeiture or to the sealing of
the record of any conviction or bail forfeiture under division
(A)(1) or (2) of section 2953.32 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.
Sec. 5139.01. (A) As used in this chapter:
(1) "Commitment" means the transfer of the physical custody
of a child or youth from the court to the department of youth
services.
(2) "Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3) "Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and duty
to train, protect, and control the child; the responsibility to
provide the child with food, clothing, shelter, education, and
medical care; and the right to determine where and with whom the
child shall live, subject to the minimum periods of, or periods
of, institutional care prescribed in sections 2152.13 to 2152.18
of the Revised Code; provided, that these rights and
responsibilities are exercised subject to the powers, rights,
duties, and responsibilities of the guardian of the person of the
child, and subject to any residual parental rights and
responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general assembly and that is under the management and control of
the department of youth services or a private entity with which
the department has contracted for the institutional care and
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a day
for over a period of at least two consecutive weeks.
(6) "Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or division (C) of section 5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7) "Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of the child's person.
(8) "Discharge" means that the department of youth services'
legal custody of a child is terminated.
(9) "Release" means the termination of a child's stay in an
institution and the subsequent period during which the child
returns to the community under the terms and conditions of
supervised release.
(10) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(11) "Felony delinquent" means any child who is at least ten
years of age but less than eighteen years of age and who is
adjudicated a delinquent child for having committed an act that if
committed by an adult would be a felony. "Felony delinquent"
includes any adult who is between the ages of eighteen and
twenty-one and who is in the legal custody of the department of
youth services for having committed an act that if committed by an
adult would be a felony.
(12) "Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(13) "Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of youth services for the commission of an act, other
than a violation of section 2911.01 or 2911.11 of the Revised
Code, that is a category one offense or a category two offense and
who are in the care and custody of an institution or have been
diverted from care and custody in an institution and placed in a
community corrections facility;
(b) Felony delinquents who, while committed to the department
of youth services and in the care and custody of an institution or
a community corrections facility, are adjudicated delinquent
children for having committed in that institution or community
corrections facility an act that if committed by an adult would be
a misdemeanor or a felony;
(c) Children who satisfy all of the following:
(i) They are at least ten years of age but less than eighteen
years of age.
(ii) They are adjudicated delinquent children for having
committed acts that if committed by an adult would be a felony.
(iii) They are committed to the department of youth services
by the juvenile court of a county that has had one-tenth of one
per cent or less of the statewide adjudications for felony
delinquents as averaged for the past four fiscal years.
(iv) They are in the care and custody of an institution or a
community corrections facility.
(d) Felony delinquents who, while committed to the department
of youth services and in the care and custody of an institution
are serving disciplinary time for having committed an act
described in division (A)(18)(a), (b), or (c) of this section, and
who have been institutionalized or institutionalized in a secure
facility for the minimum period of time specified in divisions
(A)(1)(b) to (e) of section 2152.16 of the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year period of commitment order imposed by a juvenile court
pursuant to divisions (A) and (B) of section 2152.17 of the
Revised Code for an act, other than a violation of section 2911.11
of the Revised Code, that would be a category one offense or
category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e) of this section, who have been granted a
judicial release to court supervision under division (B) or (D) of
section 2152.22 of the Revised Code or a judicial release to the
department of youth services supervision under division (C) or (D)
of that section from the commitment to the department of youth
services for the act described in divisions (A)(13)(a) to (e) of
this section, who have violated the terms and conditions of that
release, and who, pursuant to an order of the court of the county
in which the particular felony delinquent was placed on release
that is issued pursuant to division (E) of section 2152.22 of the
Revised Code, have been returned to the department for
institutionalization or institutionalization in a secure facility.
(g) Felony delinquents who have been committed to the custody
of the department of youth services, who have been granted
supervised release from the commitment pursuant to section 5139.51
of the Revised Code, who have violated the terms and conditions of
that supervised release, and who, pursuant to an order of the
court of the county in which the particular child was placed on
supervised release issued pursuant to division (F) of section
5139.52 of the Revised Code, have had the supervised release
revoked and have been returned to the department for
institutionalization. A felony delinquent described in this
division shall be a public safety bed only for the time during
which the felony delinquent is institutionalized as a result of
the revocation subsequent to the initial minimum thirty-day period
of institutionalization required by division (F) of section
5139.52 of the Revised Code.
(14) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code.
(15) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
under the exclusive control of its staff and to ensure that,
because of that exclusive control, no child who has been
institutionalized in the facility may leave the facility without
permission or supervision.
(16) "Community residential program" means a program that
satisfies both of the following:
(a) It is housed in a building or other structure that has no
associated major restraining construction, including, but not
limited to, a security fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony delinquents who are in residence.
(17) "Category one offense" and "category two offense" have
the same meanings as in section 2151.26 of the Revised Code.
(18) "Disciplinary time" means additional time that the
department of youth services requires a felony delinquent to serve
in an institution, that delays the felony delinquent's planned
release, and that the department imposes upon the felony
delinquent following the conduct of an internal due process
hearing for having committed any of the following acts while
committed to the department and in the care and custody of an
institution:
(a) An act that if committed by an adult would be a felony;
(b) An act that if committed by an adult would be a
misdemeanor;
(c) An act that is not described in division (A)(18)(a) or
(b) of this section and that violates an institutional rule of
conduct of the department.
(19) "Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(20) "Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52 of
the Revised Code.
(21) "Release authority" means the release authority of the
department of youth services that is established by section
5139.50 of the Revised Code.
(22) "Supervised release" means the event of the release of a
child under this chapter from an institution and the period after
that release during which the child is supervised and assisted by
an employee of the department of youth services under specific
terms and conditions for reintegration of the child into the
community.
(23) "Victim" means the person identified in a police report,
complaint, or information as the victim of an act that would have
been a criminal offense if committed by an adult and that provided
the basis for adjudication proceedings resulting in a child's
commitment to the legal custody of the department of youth
services.
(24) "Victim's representative" means a member of the victim's
family or another person whom the victim or another authorized
person designates in writing, pursuant to section 5139.56 of the
Revised Code, to represent the victim with respect to proceedings
of the release authority of the department of youth services and
with respect to other matters specified in that section.
(25) "Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, other
relative, or legal guardian of a child but does not include a
person charged with, convicted of, or adjudicated a delinquent
child for committing a criminal or delinquent act against the
victim or another criminal or delinquent act arising out of the
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim.
(26) "Judicial release to court supervision" means a release
of a child from institutional care or institutional care in a
secure facility that is granted by a court pursuant to division
(B) of section 2152.22 of the Revised Code during the period
specified in that division or that is granted by a court to court
supervision pursuant to division (D) of that section during the
period specified in that division.
(27) "Judicial release to department of youth services
supervision" means a release of a child from institutional care or
institutional care in a secure facility that is granted by a court
pursuant to division (C) of section 2152.22 of the Revised Code
during the period specified in that division or that is granted to
department supervision by a court pursuant to division (D) of that
section during the period specified in that division.
(28) "Juvenile justice system" includes all of the functions
of the juvenile courts, the department of youth services, any
public or private agency whose purposes include the prevention of
delinquency or the diversion, adjudication, detention, or
rehabilitation of delinquent children, and any of the functions of
the criminal justice system that are applicable to children.
(29) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 5502.64 of the Revised Code.
(30) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 5502.66
of the Revised Code.
(31) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 5502.66 of the Revised Code.
(32) "Comprehensive plan" means a document that coordinates,
evaluates, and otherwise assists, on an annual or multi-year
basis, all of the functions of the juvenile justice systems of the
state or a specified area of the state, that conforms to the
priorities of the state with respect to juvenile justice systems,
and that conforms with the requirements of all federal criminal
justice acts. These functions include, but are not limited to, all
of the following:
(b) Identification, detection, apprehension, and detention of
persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that the
comprehensive plan does not include the functions of the attorney
general pursuant to sections 109.91 and 109.92 of the Revised
Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(B) There is hereby created the department of youth services.
The governor shall appoint the director of the department with the
advice and consent of the senate. The director shall hold office
during the term of the appointing governor but subject to removal
at the pleasure of the governor. Except as otherwise authorized in
section 108.05 of the Revised Code, the director shall devote the
director's entire time to the duties of the director's office and
shall hold no other office or position of trust or profit during
the director's term of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The director
may adopt rules for the government of the department, the conduct
of its officers and employees, the performance of its business,
and the custody, use, and preservation of the department's
records, papers, books, documents, and property. The director
shall be an appointing authority within the meaning of Chapter
124. of the Revised Code. Whenever this or any other chapter or
section of the Revised Code imposes a duty on or requires an
action of the department, the duty or action shall be performed by
the director or, upon the director's order, in the name of the
department.
Sec. 5139.52. (A) At any time during a child's supervised
release or during the period of a child's judicial release to
department of youth services supervision, if the regional
administrator or the employee of the department assigned to
supervise and assist the child has reasonable grounds to believe
that the child has violated a term or condition of the supervised
release or judicial release, the administrator or employee may
request a court to issue a summons that requires the child to
appear for a hearing to answer charges of the alleged violation.
The summons shall contain a brief statement of the alleged
violation, including the date and place of the violation, and
shall require the child to appear for a hearing before the court
at a specific date, time, and place.
(B)(1) At any time while a child is on supervised release or
during the period of a child's judicial release to department of
youth services supervision, a regional administrator or a designee
of a regional administrator, upon application of the employee of
the department assigned to supervise and assist the child as
described in this division, may issue, or cause to be issued, an
order of apprehension for the arrest of the child for the alleged
violation of a term or condition of the child's supervised release
or judicial release. An application requesting an order of
apprehension shall set forth that, in the good faith judgment of
the employee of the department assigned to supervise and assist
the child making the application, there is reasonable cause to
believe that the child who is on supervised release or judicial
release to department of youth services supervision has violated
or is violating a term or condition of the child's supervised
release or judicial release, shall state the basis for that
belief, and shall request that the child be taken to an
appropriate place of secure detention pending a probable cause
determination. As an alternative to an order of apprehension for
the child, a regional administrator or the employee of the
department assigned to supervise and assist the child may request
a court to issue a warrant for the arrest of the child.
Subject to the provision of prior notice required by division
(D)(1) of this section, if a regional administrator or a designee
of a regional administrator issues, in writing, an order of
apprehension for the arrest of a child, a staff member of the
department of youth services who has been designated pursuant to
division (A)(1) of section 5139.53 of the Revised Code as being
authorized to arrest and who has received the training described
in division (B)(1) of that section, or a peace officer, as defined
in section 2935.01 of the Revised Code, may arrest the child,
without a warrant, and place the child in secure detention in
accordance with this section.
If a child is on supervised release or judicial release to
department of youth services supervision, any peace officer, as
defined in section 2935.01 of the Revised Code, may arrest the
child without a warrant or order of apprehension if the peace
officer has reasonable grounds to believe that the child has
violated or is violating any of the following that has been
prescribed by the release authority or department of youth
services relative to the child:
(a) A condition that prohibits the child's ownership,
possession, or use of a firearm, deadly weapon, ammunition, or
dangerous ordnance, all as defined in section 2923.11 of the
Revised Code;
(b) A condition that prohibits the child from being within a
specified structure or geographic area;
(c) A condition that confines the child to a residence,
facility, or other structure;
(d) A condition that prohibits the child from contacting or
communicating with any specified individual;
(e) A condition that prohibits the child from associating
with a specified individual;
(f) Any other rule, term, or condition governing the conduct
of the child that has been prescribed by the release authority.
(2) Subject to the provision of prior notice required by
division (D)(1) of this section, a staff member of the department
of youth services who is designated by the director pursuant to
division (A)(1) of section 5139.53 of the Revised Code and who has
received the training described in division (B)(1) of that
section, a peace officer, as defined in section 2935.01 of the
Revised Code, or any other officer with the power to arrest may
execute a warrant or order of apprehension issued under division
(B)(1) of this section and take the child into secure custody.
(C) A staff member of the department of youth services who is
designated by the director of youth services pursuant to division
(A)(1) of section 5139.53 of the Revised Code and who has received
the training described in division (B)(1) of that section, a peace
officer, as defined in section 2935.01 of the Revised Code, or any
other officer with the power to arrest may arrest without a
warrant or order of apprehension and take into secure custody a
child in the legal custody of the department, if the staff member,
peace officer, or other officer has reasonable cause to believe
that the child who is on supervised release or judicial release to
department of youth services supervision has violated or is
violating a term or condition of the supervised release or
judicial release in any of the following manners:
(1) The child committed or is committing an offense or
delinquent act in the presence of the staff member, peace officer,
or other officer.
(2) There is probable cause to believe that the child
violated a term or condition of supervised release or judicial
release and that the child is leaving or is about to leave the
state.
(3) The child failed to appear before the release authority
pursuant to a summons for a modification or failed to appear for a
scheduled court hearing.
(4) The arrest of the child is necessary to prevent physical
harm to another person or to the child.
(D)(1) Except as otherwise provided in this division, prior
to arresting a child under this section, either in relation to an
order of apprehension or a warrant for arrest or in any other
manner authorized by this section, a staff member or employee of
the department of youth services shall provide notice of the
anticipated arrest to each county, municipal, or township law
enforcement agency with jurisdiction over the place at which the
staff member or employee anticipates making the arrest. A staff
member or employee is not required to provide the notice described
in this division prior to making an arrest in any emergency
situation or circumstance described under division (C) of this
section.
(2) If a child is arrested under this section and if it is
known that the child is on supervised release or judicial release
to department of youth services supervision, a juvenile court,
local juvenile detention facility, or jail shall notify the
appropriate department of youth services regional office that the
child has been arrested and shall provide to the regional office
or to an employee of the department of youth services a copy of
the arrest information pertaining to the arrest.
(3) Nothing in this section limits the power to make an
arrest that is granted to specified peace officers under section
2935.03 of the Revised Code, to any person under section 2935.04
of the Revised Code, or to any other specified category of persons
by any other provision of the Revised Code, or the power to take a
child into custody that is granted pursuant to section 2151.31 of
the Revised Code.
(E) If a child who is on supervised release or who is under a
period of judicial release to department of youth services
supervision is arrested under an order of apprehension, under a
warrant, or without a warrant as described in division (B)(1),
(B)(2), or (C) of this section and taken into secure custody, all
of the following apply:
(1) If no motion to revoke the child's supervised release or
judicial release has been filed within seventy-two hours after the
child is taken into secure custody, the juvenile court, in making
its determinations at a detention hearing as to whether to hold
the child in secure custody up to seventy-two hours so that a
motion to revoke the child's supervised release or judicial
release may be filed, may consider, in addition to all other
evidence and information considered, the circumstances of the
child's arrest and, if the arrest was pursuant to an order of
apprehension, the order and the application for the order.
(2) If no motion to revoke the child's supervised release or
judicial release has been filed within seventy-two hours after the
child is taken into secure custody and if the child has not
otherwise been released prior to the expiration of that
seventy-two-hour period, the child shall be released upon the
expiration of that seventy-two-hour period.
(3) If the person is eighteen, nineteen, or twenty years of
age, the person may be confined in secure detention in the jail of
the county in which the person is taken into custody. If the
person is under eighteen years of age, the person may be confined
in secure detention in the nearest juvenile detention facility.
(4) If a motion to revoke the child's supervised release or
judicial release is filed after the child has been taken into
secure custody and the court decides at the detention hearing to
release the child from secure custody, the court may release the
child on the same terms and conditions that are currently in
effect regarding the child's supervised release or judicial
release, pending revocation or subsequent modification.
(F) If a child who is on supervised release is arrested under
an order of apprehension, under a warrant, or without a warrant as
described in division (B)(1), (B)(2), or (C) of this section and
taken into secure custody, and if a motion to revoke the child's
supervised release is filed, the juvenile court of the county in
which the child is placed promptly shall schedule a time for a
hearing on whether the child violated any of the terms and
conditions of the supervised release. If a child is released on
supervised release and the juvenile court of the county in which
the child is placed otherwise has reason to believe that the child
has not complied with the terms and conditions of the supervised
release, the court of the county in which the child is placed, in
its discretion, may schedule a time for a hearing on whether the
child violated any of the terms and conditions of the supervised
release. If the court of the county in which the child is placed
on supervised release conducts a hearing and determines at the
hearing that the child did not violate any term or condition of
the child's supervised release, the child shall be released from
custody, if the child is in custody at that time, and shall
continue on supervised release under the terms and conditions that
were in effect at the time of the child's arrest, subject to
subsequent revocation or modification. If the court of the county
in which the child is placed on supervised release conducts a
hearing and determines at the hearing that the child violated one
or more of the terms and conditions of the child's supervised
release, the court, if it determines that the violation was a
serious violation, may revoke the child's supervised release and
order the child to be returned to the department of youth services
for institutionalization or, in any case, may make any other
disposition of the child authorized by law that the court
considers proper. If the court orders the child to be returned to
a department of youth services institution, the court shall
determine the length of the institutionalization, subject to the
release authority of the department of youth services, which shall
be for at least thirty days and shall not exceed the child's
attainment of twenty-one years of age. Upon the child's return to
an institution, the child shall remain institutionalized for a
minimum period of thirty days, the and a maximum period not to
exceed the child's attainment of twenty-one years of age. The
department shall not reduce the minimum thirty-day period of
institutionalization for any time that the child was held in
secure custody subsequent to the child's arrest and pending the
revocation hearing and the child's return to the department, the
release authority, in its discretion, may require the child to
remain in institutionalization for longer than the minimum
thirty-day period, and the. The child is not shall be eligible for
judicial release or early release during the minimum thirty-day
period of institutionalization or any period of
institutionalization in excess of the minimum thirty-day period.
This division does not apply regarding a child who is under a
period of judicial release to department of youth services
supervision. Division (E) of section 2152.22 of the Revised Code
applies in relation to a child who is under a period of judicial
release to department of youth services supervision.
Section 2. That existing sections 109.57, 109.572, 109.578,
122.681, 307.932, 2151.311, 2151.356, 2151.357, 2152.26, 2907.27,
2907.28, 2929.26, 2947.23, 2953.25, 2953.31, 2953.32, 2953.321,
2953.35, 2953.36, 2953.61, 4510.111, 4510.16, 5120.651, 5139.01,
and 5139.52 of the Revised Code are hereby repealed.
Section 3. 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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