Bill Text: OH HB533 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To increase the time limit for a prosecutor to file a motion in juvenile court that objects to the imposition of a serious youthful offender dispositional sentence; to prohibit competency attainment reports and juvenile bindover evaluation reports from including details of the alleged offense as reported by the child; to require juvenile bindover evaluation reports to be completed within forty-five days unless an extention is granted; to require the Department of Youth Services to develop minimum standards for training of juvenile offender probation officers; to extend the deadline for the Ohio Interagency Task Force on Mental Health and Juvenile Justice to issue a report of its findings and recommendations; to revise the penalties for certain fifth degree felony drug offenses to generally favor not imposing a prison term; to remove the prohibition for a convicted sex offender to possess a photograph of the offender's victim while the offender is serving a term of confinement for that offense; to remove the prohibition for a child-victim offender to possess a photograph of any minor child while the child-victim offender is serving a term of confinement for that offense; to permit the judges of the various courts of the state that supervise a concurrent supervision offender to authorize the chief probation officer to manage concurrent supervision offenders; to remove the prohibition on the arrest, charging, or conviction of a person for speeding based on a peace officer's unaided visual estimation of the speed of the vehicle; to expand the availability of the probation improvement and incentive grants to municipal and county courts; to specify that the Department of Rehabilitation and Correction and Adult Parole Authority shall not be held civilly liable for any claims arising out of a certificate of achievement and employability; to transfer control of the transitional control program from the Adult Parole Authority to the Division of Parole and Community Services; to require courts and agencies to expunge the record of a juvenile's conviction in adult court if the case is transferred back to juvenile court; to modify the definition of stated prison term relative to a risk reduction sentence; to increase the percentage of the amount appropriated to the Department of Rehabilitation and Correction that may be used for nonresidential services; to amend the penalty for failure to comply with an order or signal of a police officer; to eliminate the requirement that a court sentencing a felony offender provide notice of possible eligibility for earning days of credit; revises the procedures under the mechanism for the possible release of certain Department of Rehabilitation and Correction prisoners who serve 80% of their stated prison term; and to require a sentencing court to determine the days of credit an offender receives for time served in relation to the offense and provide for the correction of errors in the determination.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-01 - To Criminal Justice [HB533 Detail]
Download: Ohio-2011-HB533-Introduced.html
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Representatives Blessing, Heard
To amend sections 307.932, 2152.12, 2152.121, | 1 |
2152.52, 2152.56, 2152.59, 2301.27, 2301.271, | 2 |
2921.331, 2925.03, 2925.04, 2929.01, 2929.14, | 3 |
2929.19, 2929.26, 2929.41, 2951.022, 2953.08, | 4 |
2961.22, 2967.03, 2967.05, 2967.14, 2967.19, | 5 |
2967.191, 2967.193, 2967.26, 2967.28, 4511.091, | 6 |
5120.036, 5120.66, and 5149.311 of the Revised | 7 |
Code, to amend Section 5 of Am. Sub. H.B. 86 of | 8 |
the 129th General Assembly, and to repeal section | 9 |
2950.17 of the Revised Code to increase the time | 10 |
limit for a prosecutor to file a motion in | 11 |
juvenile court that objects to the imposition of a | 12 |
serious youthful offender dispositional sentence; | 13 |
to prohibit competency attainment reports and | 14 |
juvenile bindover evaluation reports from | 15 |
including details of the alleged offense as | 16 |
reported by the child; to require juvenile | 17 |
bindover evaluation reports to be completed within | 18 |
forty-five days unless an extention is granted; to | 19 |
require the Department of Youth Services to | 20 |
develop minimum standards for training of juvenile | 21 |
offender probation officers; to extend the | 22 |
deadline for the Ohio Interagency Task Force on | 23 |
Mental Health and Juvenile Justice to issue a | 24 |
report of its findings and recommendations; to | 25 |
revise the penalties for certain fifth degree | 26 |
felony drug offenses to generally favor not | 27 |
imposing a prison term; to remove the prohibition | 28 |
for a convicted sex offender to possess a | 29 |
photograph of the offender's victim while the | 30 |
offender is serving a term of confinement for that | 31 |
offense; to remove the prohibition for a | 32 |
child-victim offender to possess a photograph of | 33 |
any minor child while the child-victim offender is | 34 |
serving a term of confinement for that offense; to | 35 |
permit the judges of the various courts of the | 36 |
state that supervise a concurrent supervision | 37 |
offender to authorize the chief probation officer | 38 |
to manage concurrent supervision offenders; to | 39 |
remove the prohibition on the arrest, charging, or | 40 |
conviction of a person for speeding based on a | 41 |
peace officer's unaided visual estimation of the | 42 |
speed of the vehicle; to expand the availability | 43 |
of the probation improvement and incentive grants | 44 |
to municipal and county courts; to specify that | 45 |
the Department of Rehabilitation and Correction | 46 |
and Adult Parole Authority shall not be held | 47 |
civilly liable for any claims arising out of a | 48 |
certificate of achievement and employability; to | 49 |
transfer control of the transitional control | 50 |
program from the Adult Parole Authority to the | 51 |
Division of Parole and Community Services; to | 52 |
require courts and agencies to expunge the record | 53 |
of a juvenile's conviction in adult court if the | 54 |
case is transferred back to juvenile court; to | 55 |
modify the definition of stated prison term | 56 |
relative to a risk reduction sentence; to increase | 57 |
the percentage of the amount appropriated to the | 58 |
Department of Rehabilitation and Correction that | 59 |
may be used for nonresidential services; to amend | 60 |
the penalty for failure to comply with an order or | 61 |
signal of a police officer; to eliminate the | 62 |
requirement that a court sentencing a felony | 63 |
offender provide notice of possible eligibility | 64 |
for earning days of credit; revises the procedures | 65 |
under the mechanism for the possible release of | 66 |
certain Department of Rehabilitation and | 67 |
Correction prisoners who serve 80% of their stated | 68 |
prison term; and to require a sentencing court to | 69 |
determine the days of credit an offender receives | 70 |
for time served in relation to the offense and | 71 |
provide for the correction of errors in the | 72 |
determination. | 73 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.932, 2152.12, 2152.121, | 74 |
2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2921.331, 2925.03, | 75 |
2925.04, 2929.01, 2929.14, 2929.19, 2929.26, 2929.41, 2951.022, | 76 |
2953.08, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, 2967.191, | 77 |
2967.193, 2967.26, 2967.28, 4511.091, 5120.036, 5120.66, and | 78 |
5149.311 be amended to read as follows: | 79 |
Sec. 307.932. (A) As used in this section: | 80 |
(1) "Division of parole and community services" means the | 81 |
division of parole and community services of the department of | 82 |
rehabilitation and correction. | 83 |
(2) "Eligible offender" means, in relation to a particular | 84 |
community alternative sentencing center or district community | 85 |
alternative sentencing center established and operated under | 86 |
division (E) of this section, an offender who has been convicted | 87 |
of or pleaded guilty to a qualifying misdemeanor offense, for whom | 88 |
no provision of the Revised Code or ordinance of a municipal | 89 |
corporation other than section 4511.19 of the Revised Code, both | 90 |
section 4510.14 and 4511.19 of the Revised Code, or an ordinance | 91 |
or ordinances of a municipal corporation that provide the | 92 |
penalties for a municipal OVI offense or for both a municipal OVI | 93 |
ordinance and a municipal DUS ordinance of the municipal | 94 |
corporation requires the imposition of a mandatory jail term for | 95 |
that qualifying misdemeanor offense, and who is eligible to be | 96 |
sentenced directly to that center and admitted to it under rules | 97 |
adopted under division (G) of this section by the board of county | 98 |
commissioners or affiliated group of boards of county | 99 |
commissioners that established and operates that center. | 100 |
(3) "Municipal OVI offense" has the same meaning as in | 101 |
section 4511.181 of the Revised Code. | 102 |
(4) "OVI term of confinement" means a term of confinement | 103 |
imposed for a violation of section 4511.19 of the Revised Code or | 104 |
for a municipal OVI offense, including any mandatory jail term or | 105 |
mandatory term of local incarceration imposed for that violation | 106 |
or offense. | 107 |
(5) "Community residential sanction" means a community | 108 |
residential sanction imposed under section 2929.26 of the Revised | 109 |
Code for a misdemeanor violation of a section of the Revised Code | 110 |
or a term of confinement imposed for a misdemeanor violation of a | 111 |
municipal ordinance that is not a jail term. | 112 |
(6) "Qualifying misdemeanor offense" means a violation of any | 113 |
section of the Revised Code that is a misdemeanor or a violation | 114 |
of any ordinance of a municipal corporation located in the county | 115 |
that is a misdemeanor. | 116 |
(7) "Municipal DUS offense" means a violation of a municipal | 117 |
ordinance that is substantially equivalent to section 4510.14 of | 118 |
the Revised Code. | 119 |
(B)(1) The board of county commissioners of any county, in | 120 |
consultation with the sheriff of the county, may formulate a | 121 |
proposal for a community alternative sentencing center that, upon | 122 |
implementation by the county or being subcontracted to or operated | 123 |
by a nonprofit organization, would be used for the confinement of | 124 |
eligible offenders sentenced directly to the center by a court | 125 |
located in the county pursuant to a community residential sanction | 126 |
of not more than thirty days or pursuant to an OVI term of | 127 |
confinement of not more than sixty days, and for the purpose of | 128 |
closely monitoring those eligible offenders' adjustment to | 129 |
community supervision. A board that formulates a proposal pursuant | 130 |
to this division shall do so by resolution. | 131 |
(2) The boards of county commissioners of two or more | 132 |
adjoining or neighboring counties, in consultation with the | 133 |
sheriffs of each of those counties, may affiliate and formulate by | 134 |
resolution adopted by each of them a proposal for a district | 135 |
community alternative sentencing center that, upon implementation | 136 |
by the counties or being subcontracted to or operated by a | 137 |
nonprofit organization, would be used for the confinement of | 138 |
eligible offenders sentenced directly to the center by a court | 139 |
located in any of those counties pursuant to a community | 140 |
residential sanction of not more than thirty days or pursuant to | 141 |
an OVI term of confinement of not more than sixty days, and for | 142 |
the purpose of closely monitoring those eligible offenders' | 143 |
adjustment to community supervision. Each board that affiliates | 144 |
with one or more other boards to formulate a proposal pursuant to | 145 |
this division shall formulate the proposal by resolution. | 146 |
(C) Each proposal for a community alternative sentencing | 147 |
center or a district community alternative sentencing center that | 148 |
is formulated under division (B)(1) or (2) of this section shall | 149 |
include proposals for operation of the center and for criteria to | 150 |
define which offenders are eligible to be sentenced directly to | 151 |
the center and admitted to it. At a minimum, the proposed criteria | 152 |
that define which offenders are eligible to be sentenced directly | 153 |
to the center and admitted to it shall provide all of the | 154 |
following: | 155 |
(1) That an offender is eligible to be sentenced directly to | 156 |
the center and admitted to it if the offender has been convicted | 157 |
of or pleaded guilty to a qualifying misdemeanor offense and is | 158 |
sentenced directly to the center for the qualifying misdemeanor | 159 |
offense pursuant to a community residential sanction of not more | 160 |
than thirty days or pursuant to an OVI term of confinement of not | 161 |
more than sixty days by a court that is located in the county or | 162 |
one of the counties served by the board of county commissioners or | 163 |
by any of the affiliated group of boards of county commissioners | 164 |
that submits the proposal; | 165 |
(2) That, except as otherwise provided in this division, no | 166 |
offender is eligible to be sentenced directly to the center or | 167 |
admitted to it if, in addition to the community residential | 168 |
sanction or OVI term of confinement described in division (C)(1) | 169 |
of this section, the offender is serving or has been sentenced to | 170 |
serve any other jail term, prison term, or community residential | 171 |
sanction. A mandatory jail term or electronic monitoring imposed | 172 |
in lieu of a mandatory jail term for a violation of section | 173 |
4511.19 of the Revised Code, for a municipal OVI offense, or for | 174 |
either such offense and a similar offense that exceeds sixty days | 175 |
of confinement shall not disqualify the offender from serving | 176 |
sixty days of the mandatory jail term at the center. | 177 |
(D) If a proposal for a community alternative sentencing | 178 |
center or a district community alternative sentencing center that | 179 |
is formulated under division (B)(1) or (2) of this section | 180 |
contemplates the use of an existing facility, or a part of an | 181 |
existing facility, as the center, nothing in this section limits, | 182 |
restricts, or precludes the use of the facility, the part of the | 183 |
facility, or any other part of the facility for any purpose other | 184 |
than as a community alternative sentencing center or district | 185 |
community alternative sentencing center. | 186 |
(E) The establishment and operation of a community | 187 |
alternative sentencing center or district community alternative | 188 |
sentencing center may be done by subcontracting with a nonprofit | 189 |
organization for the operation of the center. | 190 |
If a board of county commissioners or an affiliated group of | 191 |
boards of county commissioners establishes and operates a | 192 |
community alternative sentencing center or district community | 193 |
alternative sentencing center under this division, except as | 194 |
otherwise provided in this division, the center is not a minimum | 195 |
security jail under section 341.14, section 753.21, or any other | 196 |
provision of the Revised Code, is not a jail or alternative | 197 |
residential facility as defined in section 2929.01 of the Revised | 198 |
Code, is not required to satisfy or comply with minimum standards | 199 |
for minimum security jails or other jails that are promulgated | 200 |
under division (A) of section 5120.10 of the Revised Code, is not | 201 |
a local detention facility as defined in section 2929.36 of the | 202 |
Revised Code, and is not a residential unit as defined in section | 203 |
2950.01 of the Revised Code. The center is a detention facility as | 204 |
defined in sections 2921.01 and 2923.124 of the Revised Code, and | 205 |
an eligible offender confined in the center is under detention as | 206 |
defined in section 2921.01 of the Revised Code. Regarding persons | 207 |
sentenced directly to the center under an OVI term of confinement | 208 |
or under both an OVI term of confinement and confinement for a | 209 |
violation of section 4510.14 of the Revised Code or a municipal | 210 |
DUS offense, the center shall be considered a "jail" or "local | 211 |
correctional facility" for purposes of any provision in section | 212 |
4510.14 or 4511.19 of the Revised Code or in an ordinance of a | 213 |
municipal corporation that requires a mandatory jail term or | 214 |
mandatory term of local incarceration for the violation of section | 215 |
4511.19 of the Revised Code, the violation of both section 4510.14 | 216 |
and 4511.19 of the Revised Code, the municipal OVI offense, or the | 217 |
municipal OVI offense and the municipal DUS offense, and a direct | 218 |
sentence of a person to the center under an OVI term of | 219 |
confinement or under both an OVI term of confinement and | 220 |
confinement for a violation of section 4510.14 of the Revised Code | 221 |
or a municipal DUS offense shall be considered to be a sentence to | 222 |
a "jail" or "local correctional facility" for purposes of any such | 223 |
provision in section 4510.14 or 4511.19 of the Revised Code or in | 224 |
an ordinance of a municipal corporation. | 225 |
(F)(1) If the board of county commissioners of a county that | 226 |
is being served by a community alternative sentencing center | 227 |
established pursuant to division (E) of this section determines | 228 |
that it no longer wants to be served by the center, the board may | 229 |
dissolve the center by adopting a resolution evidencing the | 230 |
determination to dissolve the center. | 231 |
(2) If the boards of county commissioners of all of the | 232 |
counties served by any district community alternative sentencing | 233 |
center established pursuant to division (E) of this section | 234 |
determine that they no longer want to be served by the center, the | 235 |
boards may dissolve the center by adopting in each county a | 236 |
resolution evidencing the determination to dissolve the center. | 237 |
(3) If at least one, but not all, of the boards of county | 238 |
commissioners of the counties being served by any district | 239 |
community alternative sentencing center established pursuant to | 240 |
division (E) of this section determines that it no longer wants to | 241 |
be served by the center, the board may terminate its involvement | 242 |
with the center by adopting a resolution evidencing the | 243 |
determination to terminate its involvement with the center. If at | 244 |
least one, but not all, of the boards of county commissioners of | 245 |
the counties being served by any community alternative sentencing | 246 |
center terminates its involvement with the center in accordance | 247 |
with this division, the other boards of county commissioners of | 248 |
the counties being served by the center may continue to be served | 249 |
by the center. | 250 |
(G) Prior to establishing or operating a community | 251 |
alternative sentencing center or a district community alternative | 252 |
sentencing center, the board of county commissioners or the | 253 |
affiliated group of boards of county commissioners that formulated | 254 |
the proposal shall adopt rules for the operation of the center. | 255 |
The rules shall include criteria that define which offenders are | 256 |
eligible to be sentenced directly to the center and admitted to | 257 |
it. | 258 |
(H) If a board of county commissioners establishes and | 259 |
operates a community alternative sentencing center under division | 260 |
(E) of this section, or an affiliated group of boards of county | 261 |
commissioners establishes and operates a district community | 262 |
alternative sentencing center under that division, all of the | 263 |
following apply: | 264 |
(1) Any court located within the county served by the board | 265 |
that establishes and operates a community | 266 |
sentencing center may directly sentence eligible offenders to the | 267 |
center pursuant to a community residential sanction of not more | 268 |
than thirty days or pursuant to an OVI term of confinement, a | 269 |
combination of an OVI term of confinement and confinement for a | 270 |
violation of section 4510.14 of the Revised Code, or confinement | 271 |
for a municipal DUS offense of not more than sixty days. Any court | 272 |
located within a county served by any of the boards that | 273 |
establishes and operates a district community | 274 |
alternative sentencing center may directly sentence eligible | 275 |
offenders to the center pursuant to a community residential | 276 |
sanction of not more than thirty days or pursuant to an OVI term | 277 |
of confinement, a combination of an OVI term of confinement and | 278 |
confinement for a violation of section 4510.14 of the Revised | 279 |
Code, or confinement for a municipal DUS offense of not more than | 280 |
281 |
(2) Each eligible offender who is sentenced to the center as | 282 |
described in division (H)(1) of this section and admitted to it | 283 |
shall be offered during the eligible offender's confinement at the | 284 |
center educational and vocational services and reentry planning | 285 |
and may be offered any other treatment and rehabilitative services | 286 |
that are available and that the court that sentenced the | 287 |
particular eligible offender to the center and the administrator | 288 |
of the center determine are appropriate based upon the offense for | 289 |
which the eligible offender was sentenced to the community | 290 |
residential sanction and the length of the sanction. | 291 |
(3) Before accepting an eligible offender sentenced to the | 292 |
center by a court, the board or the affiliated group of boards | 293 |
shall enter into an agreement with a political subdivision that | 294 |
operates that court that addresses the cost and payment of medical | 295 |
treatment or services received by eligible offenders sentenced by | 296 |
that court while they are confined in the center. The agreement | 297 |
may provide for the payment of the costs by the particular | 298 |
eligible offender who receives the treatment or services, as | 299 |
described in division (I) of this section. | 300 |
(4) If a court sentences an eligible offender to a center | 301 |
under authority of division (H)(1) of this section, immediately | 302 |
after the sentence is imposed, the eligible offender shall be | 303 |
taken to the probation department that serves the court. The | 304 |
department shall handle any preliminary matters regarding the | 305 |
admission of the eligible offender to the center, including a | 306 |
determination as to whether the eligible offender may be admitted | 307 |
to the center under the criteria included in the rules adopted | 308 |
under division (G) of this section that define which offenders are | 309 |
eligible to be sentenced and admitted to the center. If the | 310 |
eligible offender is accepted for admission to the center, the | 311 |
department shall schedule the eligible offender for the admission | 312 |
and shall provide for the transportation of the offender to the | 313 |
center. If an eligible offender who is sentenced to the center | 314 |
under a community residential sanction is not accepted for | 315 |
admission to the center for any reason, the nonacceptance shall be | 316 |
considered a violation of a condition of the community residential | 317 |
sanction, the eligible offender shall be taken before the court | 318 |
that imposed the sentence, and the court may proceed as specified | 319 |
in division (C)(2) of section 2929.25 of the Revised Code based on | 320 |
the violation or as provided by ordinance of the municipal | 321 |
corporation based on the violation, whichever is applicable. If an | 322 |
eligible offender who is sentenced to the center under an OVI term | 323 |
of confinement is not accepted for admission to the center for any | 324 |
reason, the eligible offender shall be taken before the court that | 325 |
imposed the sentence, and the court shall determine the place at | 326 |
which the offender is to serve the term of confinement. If the | 327 |
eligible offender is admitted to the center, all of the following | 328 |
apply: | 329 |
(a) The admission shall be under the terms and conditions | 330 |
established by the court and the administrator of the center, and | 331 |
the court and the administrator of the center shall provide for | 332 |
the confinement of the eligible offender and supervise the | 333 |
eligible offender as provided in divisions (H)(4)(b) to (f) of | 334 |
this section. | 335 |
(b) The eligible offender shall be confined in the center | 336 |
during any period of time that the eligible offender is not | 337 |
actually working at the eligible offender's approved work release | 338 |
described in division (H)(4)(c) of this section, engaged in | 339 |
community service activities described in division (H)(4)(d) of | 340 |
this section, engaged in authorized vocational training or another | 341 |
authorized educational program, engaged in another program | 342 |
designated by the administrator of the center, or engaged in other | 343 |
activities approved by the court and the administrator of the | 344 |
center. | 345 |
(c) If the court and the administrator of the center | 346 |
determine that work release is appropriate based upon the offense | 347 |
for which the eligible offender was sentenced to the community | 348 |
residential sanction or OVI term of confinement and the length of | 349 |
the sanction or term, the eligible offender may be offered work | 350 |
release from confinement at the center and be released from | 351 |
confinement while engaged in the work release. | 352 |
(d) If the administrator of the center determines that | 353 |
community service is appropriate and if the eligible offender will | 354 |
be confined for more than ten days at the center, the eligible | 355 |
offender may be required to participate in community service | 356 |
activities approved by the political subdivision served by the | 357 |
court. Community service activities that may be required under | 358 |
this division may take place in facilities of the political | 359 |
subdivision that operates the court, in the community, or in both | 360 |
such locales. The eligible offender shall be released from | 361 |
confinement while engaged in the community service activities. | 362 |
Community service activities required under this division shall be | 363 |
supervised by the court or an official designated by the board of | 364 |
county commissioners or affiliated group of boards of county | 365 |
commissioners that established and is operating the center. | 366 |
Community service activities required under this division shall | 367 |
not exceed in duration the period for which the eligible offender | 368 |
will be confined at the center under the community residential | 369 |
sanction or the OVI term of confinement. | 370 |
(e) The confinement of the eligible offender in the center | 371 |
shall be considered for purposes of this division and division | 372 |
(H)(4)(f) of this section as including any period of time | 373 |
described in division (H)(4)(b) of this section when the eligible | 374 |
offender may be outside of the center and shall continue until the | 375 |
expiration of the community residential sanction, the OVI term of | 376 |
confinement, or the combination of the OVI term of confinement and | 377 |
the confinement for the violation of section 4510.14 of the | 378 |
Revised Code or the municipal DUS ordinance that the eligible | 379 |
offender is serving upon admission to the center. | 380 |
(f) After the admission and until the expiration of the | 381 |
community residential sanction or OVI term of confinement that the | 382 |
eligible offender is serving upon admission to the center, the | 383 |
eligible offender shall be considered for purposes of any | 384 |
provision in Title XXIX of the Revised Code to be serving the | 385 |
community residential sanction or OVI term of confinement. | 386 |
(5) The administrator of the center, or the administrator's | 387 |
designee, shall post a sign as described in division (A)(4) of | 388 |
section 2923.1212 of the Revised Code in a conspicuous location at | 389 |
the center. | 390 |
(I) The board of county commissioners that establishes and | 391 |
operates a community alternative sentencing center under division | 392 |
(E) of this section, or the affiliated group of boards of county | 393 |
commissioners that establishes and operates a district community | 394 |
alternative sentencing center under that division, may require an | 395 |
eligible offender who is sentenced directly to the center and | 396 |
admitted to it to pay to the county served by the board or the | 397 |
counties served by the affiliated group of boards or the entity | 398 |
operating the center the reasonable expenses incurred by the | 399 |
county or counties, whichever is applicable, in supervising or | 400 |
confining the eligible offender after being sentenced to the | 401 |
center and admitted. Inability to pay those reasonable expenses | 402 |
shall not be grounds for refusing to admit an otherwise eligible | 403 |
offender to the center. | 404 |
(J)(1) If an eligible offender who is directly sentenced to a | 405 |
community alternative sentencing center or district community | 406 |
alternative sentencing center and admitted to the center | 407 |
successfully completes the service of the community residential | 408 |
sanction in the center, the administrator of the center shall | 409 |
notify the court that imposed the sentence, and the court shall | 410 |
enter into the journal that the eligible offender successfully | 411 |
completed the service of the sanction. | 412 |
(2) If an eligible offender who is directly sentenced to a | 413 |
community alternative sentencing center or district community | 414 |
alternative sentencing center and admitted to the center violates | 415 |
any rule established under this section by the board of county | 416 |
commissioners or the affiliated group of boards of county | 417 |
commissioners that establishes and operates the center, violates | 418 |
any condition of the community residential sanction, the OVI term | 419 |
of confinement, or the combination of the OVI term of confinement | 420 |
and the confinement for the violation of section 4510.14 of the | 421 |
Revised Code or the municipal OVI ordinance imposed by the | 422 |
sentencing court, or otherwise does not successfully complete the | 423 |
service of the community residential sanction or OVI term of | 424 |
confinement in the center, the administrator of the center shall | 425 |
report the violation or failure to successfully complete the | 426 |
sanction or term directly to the court or to the probation | 427 |
department or probation officer with general control and | 428 |
supervision over the eligible offender. A failure to successfully | 429 |
complete the service of the community residential sanction, the | 430 |
OVI term of confinement, or the combination of the OVI term of | 431 |
confinement and the confinement for the violation of section | 432 |
4510.14 of the Revised Code or the municipal OVI ordinance in the | 433 |
center shall be considered a violation of a condition of the | 434 |
community residential sanction or the OVI term of confinement. If | 435 |
the administrator reports the violation to the probation | 436 |
department or probation officer, the department or officer shall | 437 |
report the violation to the court. Upon its receipt under this | 438 |
division of a report of a violation or failure to complete the | 439 |
sanction by a person sentenced to the center under a community | 440 |
residential sanction, the court may proceed as specified in | 441 |
division (C)(2) of section 2929.25 of the Revised Code based on | 442 |
the violation or as provided by ordinance of the municipal | 443 |
corporation based on the violation, whichever is applicable. Upon | 444 |
its receipt under this division of a report of a violation or | 445 |
failure to complete the term by a person sentenced to the center | 446 |
under an OVI term of confinement, the court shall determine the | 447 |
place at which the offender is to serve the remainder of the term | 448 |
of confinement. The eligible offender shall receive credit towards | 449 |
completing the eligible offender's sentence for the time spent in | 450 |
the center after admission to it. | 451 |
Sec. 2152.12. (A)(1)(a) After a complaint has been filed | 452 |
alleging that a child is a delinquent child for committing an act | 453 |
that would be aggravated murder, murder, attempted aggravated | 454 |
murder, or attempted murder if committed by an adult, the juvenile | 455 |
court at a hearing shall transfer the case if either of the | 456 |
following applies: | 457 |
(i) The child was sixteen or seventeen years of age at the | 458 |
time of the act charged and there is probable cause to believe | 459 |
that the child committed the act charged. | 460 |
(ii) The child was fourteen or fifteen years of age at the | 461 |
time of the act charged, section 2152.10 of the Revised Code | 462 |
provides that the child is eligible for mandatory transfer, and | 463 |
there is probable cause to believe that the child committed the | 464 |
act charged. | 465 |
(b) After a complaint has been filed alleging that a child is | 466 |
a delinquent child by reason of committing a category two offense, | 467 |
the juvenile court at a hearing shall transfer the case if the | 468 |
child was sixteen or seventeen years of age at the time of the act | 469 |
charged and either of the following applies: | 470 |
(i) Division (A)(2)(a) of section 2152.10 of the Revised Code | 471 |
requires the mandatory transfer of the case, and there is probable | 472 |
cause to believe that the child committed the act charged. | 473 |
(ii) Division (A)(2)(b) of section 2152.10 of the Revised | 474 |
Code requires the mandatory transfer of the case, and there is | 475 |
probable cause to believe that the child committed the act | 476 |
charged. | 477 |
(2) The juvenile court also shall transfer a case in the | 478 |
circumstances described in division (C)(5) of section 2152.02 of | 479 |
the Revised Code or if either of the following applies: | 480 |
(a) A complaint is filed against a child who is eligible for | 481 |
a discretionary transfer under section 2152.10 of the Revised Code | 482 |
and who previously was convicted of or pleaded guilty to a felony | 483 |
in a case that was transferred to a criminal court. | 484 |
(b) A complaint is filed against a child who is domiciled in | 485 |
another state alleging that the child is a delinquent child for | 486 |
committing an act that would be a felony if committed by an adult, | 487 |
and, if the act charged had been committed in that other state, | 488 |
the child would be subject to criminal prosecution as an adult | 489 |
under the law of that other state without the need for a transfer | 490 |
of jurisdiction from a juvenile, family, or similar noncriminal | 491 |
court to a criminal court. | 492 |
(3) If a complaint is filed against a child alleging that the | 493 |
child is a delinquent child and the case is transferred pursuant | 494 |
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of this section and if | 495 |
the child subsequently is convicted of or pleads guilty to an | 496 |
offense in that case, the sentence to be imposed or disposition to | 497 |
be made of the child shall be determined in accordance with | 498 |
section 2152.121 of the Revised Code. | 499 |
(B) Except as provided in division (A) of this section, after | 500 |
a complaint has been filed alleging that a child is a delinquent | 501 |
child for committing an act that would be a felony if committed by | 502 |
an adult, the juvenile court at a hearing may transfer the case if | 503 |
the court finds all of the following: | 504 |
(1) The child was fourteen years of age or older at the time | 505 |
of the act charged. | 506 |
(2) There is probable cause to believe that the child | 507 |
committed the act charged. | 508 |
(3) The child is not amenable to care or rehabilitation | 509 |
within the juvenile system, and the safety of the community may | 510 |
require that the child be subject to adult sanctions. In making | 511 |
its decision under this division, the court shall consider whether | 512 |
the applicable factors under division (D) of this section | 513 |
indicating that the case should be transferred outweigh the | 514 |
applicable factors under division (E) of this section indicating | 515 |
that the case should not be transferred. The record shall indicate | 516 |
the specific factors that were applicable and that the court | 517 |
weighed. | 518 |
(C) Before considering a transfer under division (B) of this | 519 |
section, the juvenile court shall order an investigation into the | 520 |
child's social history, education, family situation, and any other | 521 |
factor bearing on whether the child is amenable to juvenile | 522 |
rehabilitation, including a mental examination of the child by a | 523 |
public or private agency or a person qualified to make the | 524 |
examination. The investigation shall be completed and a report on | 525 |
the investigation shall be submitted to the court as soon as | 526 |
possible but not more than forty-five calendar days after the | 527 |
court orders the investigation. The court may grant one or more | 528 |
extensions for a reasonable length of time. The child may waive | 529 |
the examination required by this division if the court finds that | 530 |
the waiver is competently and intelligently made. Refusal to | 531 |
submit to a mental examination by the child constitutes a waiver | 532 |
of the examination. | 533 |
(D) In considering whether to transfer a child under division | 534 |
(B) of this section, the juvenile court shall consider the | 535 |
following relevant factors, and any other relevant factors, in | 536 |
favor of a transfer under that division: | 537 |
(1) The victim of the act charged suffered physical or | 538 |
psychological harm, or serious economic harm, as a result of the | 539 |
alleged act. | 540 |
(2) The physical or psychological harm suffered by the victim | 541 |
due to the alleged act of the child was exacerbated because of the | 542 |
physical or psychological vulnerability or the age of the victim. | 543 |
(3) The child's relationship with the victim facilitated the | 544 |
act charged. | 545 |
(4) The child allegedly committed the act charged for hire or | 546 |
as a part of a gang or other organized criminal activity. | 547 |
(5) The child had a firearm on or about the child's person or | 548 |
under the child's control at the time of the act charged, the act | 549 |
charged is not a violation of section 2923.12 of the Revised Code, | 550 |
and the child, during the commission of the act charged, allegedly | 551 |
used or displayed the firearm, brandished the firearm, or | 552 |
indicated that the child possessed a firearm. | 553 |
(6) At the time of the act charged, the child was awaiting | 554 |
adjudication or disposition as a delinquent child, was under a | 555 |
community control sanction, or was on parole for a prior | 556 |
delinquent child adjudication or conviction. | 557 |
(7) The results of any previous juvenile sanctions and | 558 |
programs indicate that rehabilitation of the child will not occur | 559 |
in the juvenile system. | 560 |
(8) The child is emotionally, physically, or psychologically | 561 |
mature enough for the transfer. | 562 |
(9) There is not sufficient time to rehabilitate the child | 563 |
within the juvenile system. | 564 |
(E) In considering whether to transfer a child under division | 565 |
(B) of this section, the juvenile court shall consider the | 566 |
following relevant factors, and any other relevant factors, | 567 |
against a transfer under that division: | 568 |
(1) The victim induced or facilitated the act charged. | 569 |
(2) The child acted under provocation in allegedly committing | 570 |
the act charged. | 571 |
(3) The child was not the principal actor in the act charged, | 572 |
or, at the time of the act charged, the child was under the | 573 |
negative influence or coercion of another person. | 574 |
(4) The child did not cause physical harm to any person or | 575 |
property, or have reasonable cause to believe that harm of that | 576 |
nature would occur, in allegedly committing the act charged. | 577 |
(5) The child previously has not been adjudicated a | 578 |
delinquent child. | 579 |
(6) The child is not emotionally, physically, or | 580 |
psychologically mature enough for the transfer. | 581 |
(7) The child has a mental illness or is a mentally retarded | 582 |
person. | 583 |
(8) There is sufficient time to rehabilitate the child within | 584 |
the juvenile system and the level of security available in the | 585 |
juvenile system provides a reasonable assurance of public safety. | 586 |
(F) If one or more complaints are filed alleging that a child | 587 |
is a delinquent child for committing two or more acts that would | 588 |
be offenses if committed by an adult, if a motion is made alleging | 589 |
that division (A) of this section applies and requires that the | 590 |
case or cases involving one or more of the acts charged be | 591 |
transferred for, and if a motion also is made requesting that the | 592 |
case or cases involving one or more of the acts charged be | 593 |
transferred pursuant to division (B) of this section, the juvenile | 594 |
court, in deciding the motions, shall proceed in the following | 595 |
manner: | 596 |
(1) Initially, the court shall decide the motion alleging | 597 |
that division (A) of this section applies and requires that the | 598 |
case or cases involving one or more of the acts charged be | 599 |
transferred. | 600 |
(2) If the court determines that division (A) of this section | 601 |
applies and requires that the case or cases involving one or more | 602 |
of the acts charged be transferred, the court shall transfer the | 603 |
case or cases in accordance with that division. After the transfer | 604 |
pursuant to division (A) of this section, the court shall decide, | 605 |
in accordance with division (B) of this section, whether to grant | 606 |
the motion requesting that the case or cases involving one or more | 607 |
of the acts charged be transferred pursuant to that division. | 608 |
Notwithstanding division (B) of this section, prior to | 609 |
transferring a case pursuant to division (A) of this section, the | 610 |
court is not required to consider any factor specified in division | 611 |
(D) or (E) of this section or to conduct an investigation under | 612 |
division (C) of this section. | 613 |
(3) If the court determines that division (A) of this section | 614 |
does not require that the case or cases involving one or more of | 615 |
the acts charged be transferred, the court shall decide in | 616 |
accordance with division (B) of this section whether to grant the | 617 |
motion requesting that the case or cases involving one or more of | 618 |
the acts charged be transferred pursuant to that division. | 619 |
(4) No report on an investigation conducted pursuant to | 620 |
division (C) of this section shall include details of the alleged | 621 |
offense as reported by the child. | 622 |
(G) The court shall give notice in writing of the time, | 623 |
place, and purpose of any hearing held pursuant to division (A) or | 624 |
(B) of this section to the child's parents, guardian, or other | 625 |
custodian and to the child's counsel at least three days prior to | 626 |
the hearing. | 627 |
(H) No person, either before or after reaching eighteen years | 628 |
of age, shall be prosecuted as an adult for an offense committed | 629 |
prior to becoming eighteen years of age, unless the person has | 630 |
been transferred as provided in division (A) or (B) of this | 631 |
section or unless division (J) of this section applies. Any | 632 |
prosecution that is had in a criminal court on the mistaken belief | 633 |
that the person who is the subject of the case was eighteen years | 634 |
of age or older at the time of the commission of the offense shall | 635 |
be deemed a nullity, and the person shall not be considered to | 636 |
have been in jeopardy on the offense. | 637 |
(I) Upon the transfer of a case under division (A) or (B) of | 638 |
this section, the juvenile court shall state the reasons for the | 639 |
transfer on the record, and shall order the child to enter into a | 640 |
recognizance with good and sufficient surety for the child's | 641 |
appearance before the appropriate court for any disposition that | 642 |
the court is authorized to make for a similar act committed by an | 643 |
adult. The transfer abates the jurisdiction of the juvenile court | 644 |
with respect to the delinquent acts alleged in the complaint, and, | 645 |
upon the transfer, all further proceedings pertaining to the act | 646 |
charged shall be discontinued in the juvenile court, and the case | 647 |
then shall be within the jurisdiction of the court to which it is | 648 |
transferred as described in division (H) of section 2151.23 of the | 649 |
Revised Code. | 650 |
(J) If a person under eighteen years of age allegedly commits | 651 |
an act that would be a felony if committed by an adult and if the | 652 |
person is not taken into custody or apprehended for that act until | 653 |
after the person attains twenty-one years of age, the juvenile | 654 |
court does not have jurisdiction to hear or determine any portion | 655 |
of the case charging the person with committing that act. In those | 656 |
circumstances, divisions (A) and (B) of this section do not apply | 657 |
regarding the act, and the case charging the person with | 658 |
committing the act shall be a criminal prosecution commenced and | 659 |
heard in the appropriate court having jurisdiction of the offense | 660 |
as if the person had been eighteen years of age or older when the | 661 |
person committed the act. All proceedings pertaining to the act | 662 |
shall be within the jurisdiction of the court having jurisdiction | 663 |
of the offense, and that court has all the authority and duties in | 664 |
the case as it has in other criminal cases in that court. | 665 |
Sec. 2152.121. (A) If a complaint is filed against a child | 666 |
alleging that the child is a delinquent child and the case is | 667 |
transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of | 668 |
section 2152.12 of the Revised Code, the juvenile court that | 669 |
transferred the case shall retain jurisdiction for purposes of | 670 |
making disposition of the child when required under division (B) | 671 |
of this section. | 672 |
(B) If a complaint is filed against a child alleging that the | 673 |
child is a delinquent child, if the case is transferred pursuant | 674 |
to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of | 675 |
the Revised Code, and if the child subsequently is convicted of or | 676 |
pleads guilty to an offense in that case, the sentence to be | 677 |
imposed or disposition to be made of the child shall be determined | 678 |
as follows: | 679 |
(1) The court in which the child is convicted of or pleads | 680 |
guilty to the offense shall determine whether, had a complaint | 681 |
been filed in juvenile court alleging that the child was a | 682 |
delinquent child for committing an act that would be that offense | 683 |
if committed by an adult, division (A) of section 2152.12 of the | 684 |
Revised Code would have required mandatory transfer of the case or | 685 |
division (B) of that section would have allowed discretionary | 686 |
transfer of the case. The court shall not consider the factor | 687 |
specified in division (B)(3) of section 2152.12 of the Revised | 688 |
Code in making its determination under this division. | 689 |
(2) If the court in which the child is convicted of or pleads | 690 |
guilty to the offense determines under division (B)(1) of this | 691 |
section that, had a complaint been filed in juvenile court | 692 |
alleging that the child was a delinquent child for committing an | 693 |
act that would be that offense if committed by an adult, division | 694 |
(A) of section 2152.12 of the Revised Code would not have required | 695 |
mandatory transfer of the case, and division (B) of that section | 696 |
would not have allowed discretionary transfer of the case, the | 697 |
court shall transfer jurisdiction of the case back to the juvenile | 698 |
court that initially transferred the case, the court and all other | 699 |
agencies that have any record of the conviction of the child or | 700 |
the child's guilty plea shall expunge the conviction or guilty | 701 |
plea and all records of it, the conviction or guilty plea shall be | 702 |
considered and treated for all purposes other than as provided in | 703 |
this section to have never occurred, and the juvenile court shall | 704 |
impose one or more traditional juvenile dispositions upon the | 705 |
child under sections 2152.19 and 2152.20 of the Revised Code. | 706 |
(3) If the court in which the child is convicted of or pleads | 707 |
guilty to the offense determines under division (B)(1) of this | 708 |
section that, had a complaint been filed in juvenile court | 709 |
alleging that the child was a delinquent child for committing an | 710 |
act that would be that offense if committed by an adult, division | 711 |
(A) of section 2152.12 of the Revised Code would not have required | 712 |
mandatory transfer of the case but division (B) of that section | 713 |
would have allowed discretionary transfer of the case, the court | 714 |
shall determine the sentence it believes should be imposed upon | 715 |
the child under Chapter 2929. of the Revised Code, shall impose | 716 |
that sentence upon the child, and shall stay that sentence pending | 717 |
completion of the procedures specified in this division. Upon | 718 |
imposition and staying of the sentence, the court shall transfer | 719 |
jurisdiction of the case back to the juvenile court that initially | 720 |
transferred the case and the juvenile court shall proceed in | 721 |
accordance with this division. In no case may the child waive a | 722 |
right to a hearing of the type described in division (B)(3)(b) of | 723 |
this section, regarding a motion filed as described in that | 724 |
division by the prosecuting attorney in the case. Upon transfer of | 725 |
jurisdiction of the case back to the juvenile court, both of the | 726 |
following apply: | 727 |
(a) Except as otherwise provided in division (B)(3)(b) of | 728 |
this section, the juvenile court shall impose a serious youthful | 729 |
offender dispositional sentence upon the child under division | 730 |
(D)(1) of section 2152.13 of the Revised Code. In imposing the | 731 |
adult portion of that sentence, the juvenile court shall consider | 732 |
and give preference to the sentence imposed upon the child by the | 733 |
court in which the child was convicted of or pleaded guilty to the | 734 |
offense. Upon imposing a serious youthful offender dispositional | 735 |
sentence upon the child as described in this division, the | 736 |
juvenile court shall notify the court in which the child was | 737 |
convicted of or pleaded guilty to the offense, the sentence | 738 |
imposed upon the child by that court shall terminate, the court | 739 |
and all other agencies that have any record of the conviction of | 740 |
the child or the child's guilty plea shall expunge the conviction | 741 |
or guilty plea and all records of it, the conviction or guilty | 742 |
plea shall be considered and treated for all purposes other than | 743 |
as provided in this section to have never occurred, and the | 744 |
conviction or guilty plea shall be considered and treated for all | 745 |
purposes other than as provided in this section to have been a | 746 |
delinquent child adjudication of the child. | 747 |
(b) | 748 |
journal entry regarding the transfer, the prosecuting attorney in | 749 |
the case may file a motion in the juvenile court that objects to | 750 |
the imposition of a serious youthful offender dispositional | 751 |
sentence upon the child and requests that the sentence imposed | 752 |
upon the child by the court in which the child was convicted of or | 753 |
pleaded guilty to the offense be invoked. Upon the filing of a | 754 |
motion under this division, the juvenile court shall hold a | 755 |
hearing to determine whether the child is not amenable to care or | 756 |
rehabilitation within the juvenile system and whether the safety | 757 |
of the community may require that the child be subject solely to | 758 |
adult sanctions. If the juvenile court at the hearing finds that | 759 |
the child is not amenable to care or rehabilitation within the | 760 |
juvenile system or that the safety of the community may require | 761 |
that the child be subject solely to adult sanctions, the court | 762 |
shall grant the motion. Absent such a finding, the juvenile court | 763 |
shall deny the motion. In making its decision under this division, | 764 |
the juvenile court shall consider the factors listed in division | 765 |
(D) of section 2152.12 of the Revised Code as factors indicating | 766 |
that the motion should be granted, shall consider the factors | 767 |
listed in division (E) of that section as factors indicating that | 768 |
the motion should not be granted, and shall consider whether the | 769 |
applicable factors listed in division (D) of that section outweigh | 770 |
the applicable factors listed in division (E) of that section. | 771 |
If the juvenile court grants the motion of the prosecuting | 772 |
attorney under this division, the juvenile court shall transfer | 773 |
jurisdiction of the case back to the court in which the child was | 774 |
convicted of or pleaded guilty to the offense, and the sentence | 775 |
imposed by that court shall be invoked. If the juvenile court | 776 |
denies the motion of the prosecuting attorney under this section, | 777 |
the juvenile court shall impose a serious youthful offender | 778 |
dispositional sentence upon the child in accordance with division | 779 |
(B)(3)(a) of this section. | 780 |
(4) If the court in which the child is convicted of or pleads | 781 |
guilty to the offense determines under division (B)(1) of this | 782 |
section that, had a complaint been filed in juvenile court | 783 |
alleging that the child was a delinquent child for committing an | 784 |
act that would be that offense if committed by an adult, division | 785 |
(A) of section 2152.12 of the Revised Code would have required | 786 |
mandatory transfer of the case, the court shall impose sentence | 787 |
upon the child under Chapter 2929. of the Revised Code. | 788 |
Sec. 2152.52. (A)(1) In any proceeding under this chapter | 789 |
other than a proceeding alleging that a child is an unruly child | 790 |
or a juvenile traffic offender, any party or the court may move | 791 |
for a determination regarding the child's competency to | 792 |
participate in the proceeding. | 793 |
(2) In any proceeding under this chapter other than a | 794 |
proceeding alleging that a child is an unruly child or a juvenile | 795 |
traffic offender, if the child who is the subject of the | 796 |
proceeding is fourteen years of age or older and if the child is | 797 |
not otherwise found to be mentally ill, intellectually disabled, | 798 |
or developmentally disabled, it is rebuttably presumed that the | 799 |
child does not have a lack of mental capacity. This presumption | 800 |
applies only in making a determination as to whether the child has | 801 |
a lack of mental capacity and shall not be used or applicable for | 802 |
any other purpose. | 803 |
(B) The court may find a child incompetent to proceed without | 804 |
ordering an evaluation of the child's competency or holding a | 805 |
hearing to determine the child's competency if either of the | 806 |
following applies: | 807 |
(1) The prosecuting attorney, the child's attorney, and at | 808 |
least one of the child's parents, guardians, or custodians agree | 809 |
to the determination. | 810 |
(2) The court relies on a prior court determination that the | 811 |
child was incompetent and could not attain competency even if the | 812 |
child were to participate in competency attainment services. | 813 |
Sec. 2152.56. (A) Upon completing an evaluation ordered | 814 |
pursuant to section 2152.53 of the Revised Code, an evaluator | 815 |
shall submit to the court a written competency assessment report. | 816 |
The report shall include the evaluator's opinion as to whether the | 817 |
child, due to mental illness, intellectual disability, or | 818 |
developmental disability, or otherwise due to a lack of mental | 819 |
capacity, is | 820 |
nature and objective of the proceedings against the child or of | 821 |
assisting in the child's defense. The report shall not include any | 822 |
opinion as to the child's sanity at the time of the alleged | 823 |
offense, details of the alleged offense as reported by the child, | 824 |
or an opinion as to whether the child actually committed the | 825 |
offense or could have been culpable for committing the offense. | 826 |
(B) A competency assessment report shall address the child's | 827 |
capacity to do all of the following: | 828 |
(1) Comprehend and appreciate the charges or allegations | 829 |
against the child; | 830 |
(2) Understand the adversarial nature of the proceedings, | 831 |
including the role of the judge, defense counsel, prosecuting | 832 |
attorney, guardian ad litem or court-appointed special assistant, | 833 |
and witnesses; | 834 |
(3) Assist in the child's defense and communicate with | 835 |
counsel; | 836 |
(4) Comprehend and appreciate the consequences that may be | 837 |
imposed or result from the proceedings. | 838 |
(C) A competency assessment report shall include the | 839 |
evaluator's opinion regarding the extent to which the child's | 840 |
competency may be impaired by the child's failure to meet one or | 841 |
more of the criteria listed in division (B) of this section. If | 842 |
the evaluator concludes that the child's competency is impaired | 843 |
but that the child may be enabled to understand the nature and | 844 |
objectives of the proceeding against the child and to assist in | 845 |
the child's defense with reasonable accommodations, the report | 846 |
shall include recommendations for those reasonable accommodations | 847 |
that the court might make. If the evaluator concludes that the | 848 |
child's competency is so impaired that the child would not be able | 849 |
to understand the nature and objectives of the proceeding against | 850 |
the child | 851 |
shall include an opinion as to the likelihood that the child could | 852 |
attain competency within the periods set forth in division (D)(2) | 853 |
of section 2152.59 of the Revised Code. | 854 |
(D) If the evaluator concludes that the child could likely | 855 |
attain competency within the periods set forth in division (D)(2) | 856 |
of section 2152.59 of the Revised Code, the competency assessment | 857 |
report shall include both of the following: | 858 |
(1) A recommendation as to the least restrictive setting for | 859 |
child competency attainment services that is consistent with the | 860 |
child's ability to attain competency and the safety of both the | 861 |
child and the community; | 862 |
(2) A list of the providers of child competency attainment | 863 |
services known to the evaluator that are located most closely to | 864 |
the child's current residence. | 865 |
(E) If the evaluator is unable, within the maximum allowable | 866 |
time for submission of a competency assessment report under | 867 |
division (A) of section 2152.57 of the Revised Code, to form an | 868 |
opinion regarding the extent to which the child's competency may | 869 |
be impaired by the child's failure to meet one or more of the | 870 |
criteria listed in division (B) of this section, the evaluator | 871 |
shall so state in the report. The evaluator shall also include | 872 |
recommendations for services to support the safety of the child or | 873 |
the community. | 874 |
Sec. 2152.59. (A) If after a hearing held pursuant to | 875 |
section 2152.58 of the Revised Code the court determines that a | 876 |
child is competent, the court shall proceed with the delinquent | 877 |
child's proceeding as provided by law. No statement that a child | 878 |
makes during an evaluation or hearing conducted under sections | 879 |
2152.51 through 2152.59 of the Revised Code shall be used against | 880 |
the child on the issue of responsibility or guilt in any child or | 881 |
adult proceeding. | 882 |
(B) If after a hearing held pursuant to section 2152.58 of | 883 |
the Revised Code the court determines that the child is not | 884 |
competent and cannot attain competency within the period of time | 885 |
applicable under division (D)(2) of this section, the court shall | 886 |
dismiss the charges without prejudice, except that the court may | 887 |
delay dismissal for up to ninety calendar days and do either of | 888 |
the following: | 889 |
(1) Refer the matter to a public children services agency and | 890 |
request that agency determine whether to file an action in | 891 |
accordance with section 2151.27 of the Revised Code alleging that | 892 |
the child is a dependent, neglected, or abused child; | 893 |
(2) Assign court staff to refer the child or the child's | 894 |
family to the local family and children first council or an agency | 895 |
funded by the department of mental health or department of | 896 |
developmental disabilities or otherwise secure services to reduce | 897 |
the potential that the child would engage in behavior that could | 898 |
result in delinquent child or other criminal charges. | 899 |
(C) If after a hearing held pursuant to section 2152.58 of | 900 |
the Revised Code the court determines that a child is not | 901 |
competent but could likely attain competency by participating in | 902 |
services specifically designed to help the child develop | 903 |
competency, the court may order the child to participate in | 904 |
services specifically designed to help the child develop | 905 |
competency at county expense. The court shall name a reliable | 906 |
provider to deliver the competency attainment services and shall | 907 |
order the child's parent, guardian, or custodian to contact that | 908 |
provider by a specified date to arrange for services. | 909 |
(D) The competency attainment services provided to a child | 910 |
shall be based on a competency attainment plan described in | 911 |
division (E)(2) of this section and approved by the court. | 912 |
Services are subject to the following conditions and time periods | 913 |
measured from the date the court approves the plan: | 914 |
(1) Services shall be provided in the least restrictive | 915 |
setting that is consistent with the child's ability to attain | 916 |
competency and the safety of both the child and the community. If | 917 |
the child has been released on temporary or interim orders and | 918 |
refuses or fails to cooperate with the service provider, the court | 919 |
may reassess the orders and amend them to require a more | 920 |
appropriate setting. | 921 |
(2) No child shall be required to participate in competency | 922 |
attainment services for longer than is required for the child to | 923 |
attain competency. The following maximum periods of participation | 924 |
apply: | 925 |
(a) If a child is ordered to participate in competency | 926 |
attainment services that are provided outside of a residential | 927 |
setting, the child shall not participate in those services for a | 928 |
period exceeding three months if the child is charged with an act | 929 |
that would be a misdemeanor if committed by an adult, six months | 930 |
if the child is charged with an act that would be a felony of the | 931 |
third, fourth, or fifth degree if committed by an adult, or one | 932 |
year if the child is charged with an act that would be a felony of | 933 |
the first or second degree, aggravated murder, or murder if | 934 |
committed by an adult. | 935 |
(b) If a child is ordered to receive competency attainment | 936 |
services that are provided in a residential setting that is | 937 |
operated solely or in part for the purpose of providing competency | 938 |
attainment services, the child shall not participate in those | 939 |
services for a period exceeding forty-five calendar days if the | 940 |
child is charged with an act that would be a misdemeanor if | 941 |
committed by an adult, three months if the child is charged with | 942 |
an act that would be a felony of the third, fourth, or fifth | 943 |
degree if committed by an adult, six months if the child is | 944 |
charged with an act that would be a felony of the first or second | 945 |
degree if committed by an adult, or one year if the child is | 946 |
charged with an act that would be aggravated murder or murder if | 947 |
committed by an adult. | 948 |
(c) If a child is ordered into a residential, detention, or | 949 |
other secured setting for reasons other than to participate in | 950 |
competency attainment services and is also ordered to participate | 951 |
in competency attainment services concurrently, the child shall | 952 |
participate in the competency attainment services for not longer | 953 |
than the relevant period set forth in division (D)(2)(a) of this | 954 |
section. | 955 |
(d) If a child is ordered to participate in competency | 956 |
attainment services that require the child to live for some but | 957 |
not all of the duration of the services in a residential setting | 958 |
that is operated solely or in part for the purpose of providing | 959 |
competency attainment services, the child shall participate in the | 960 |
competency attainment services for not longer than the relevant | 961 |
period set forth in division (D)(2)(b) of this section. For the | 962 |
purpose of calculating a time period under division (D)(2)(d) of | 963 |
this section, two days of participation in a nonresidential | 964 |
setting shall equal one day of participation in a residential | 965 |
setting. | 966 |
(3) A child who receives competency attainment services in a | 967 |
residential setting that is operated solely or partly for the | 968 |
purpose of providing competency attainment services is in | 969 |
detention for purposes of section 2921.34 and division (B) of | 970 |
section 2152.18 of the Revised Code during the time that the child | 971 |
resides in the residential setting. | 972 |
(E)(1) Within ten business days after the court names the | 973 |
provider responsible for the child's competency attainment | 974 |
services under division (D) of this section, the court shall | 975 |
deliver to that provider a copy of each competency assessment | 976 |
report it has received for review. The provider shall return the | 977 |
copies of the reports to the court upon the termination of the | 978 |
services. | 979 |
(2) Not later than thirty calendar days after the child | 980 |
contacts the competency attainment services provider under | 981 |
division (C) of this section, the provider shall submit to the | 982 |
court a plan for the child to attain competency. The court shall | 983 |
provide copies of the plan to the prosecuting attorney, the | 984 |
child's attorney, the child's guardian ad litem, if any, and the | 985 |
child's parents, guardian, or custodian. | 986 |
(F) The provider that provides the child's competency | 987 |
attainment services pursuant to the competency attainment plan | 988 |
shall submit reports to the court on the following schedule: | 989 |
(1) A report on the child's progress every thirty calendar | 990 |
days and on the termination of services | 991 |
include any details of the alleged offense as reported by the | 992 |
child. | 993 |
(2) If the provider determines that the child is not | 994 |
cooperating to a degree that would allow the services to be | 995 |
effective to help the child attain competency, a report informing | 996 |
the court of the determination within three business days after | 997 |
making the determination; | 998 |
(3) If the provider determines that the current setting is no | 999 |
longer the least restrictive setting that is consistent with the | 1000 |
child's ability to attain competency and the safety of both the | 1001 |
child and the community, a report informing the court of the | 1002 |
determination within three business days after making the | 1003 |
determination; | 1004 |
(4) If the provider determines that the child has achieved | 1005 |
the goals of the plan and would be able to understand the nature | 1006 |
and objectives of the proceeding against the child and to assist | 1007 |
in the child's defense, with or without reasonable accommodations | 1008 |
to meet the criteria set forth in division (B) of section 2152.56 | 1009 |
of the Revised Code, a report informing the court of that | 1010 |
determination within three business days after making the | 1011 |
determination. If the provider believes that accommodations would | 1012 |
be necessary or desirable, the report shall include | 1013 |
recommendations for accommodations. | 1014 |
(5) If the provider determines that the child will not | 1015 |
achieve the goals of the plan within the applicable period of time | 1016 |
under division (D)(2) of this section, a report informing the | 1017 |
court of the determination within three business days after making | 1018 |
the determination. The report shall include recommendations for | 1019 |
services for the child that would support the safety of the child | 1020 |
or the community. | 1021 |
(G) The court shall provide copies of any report made under | 1022 |
division (F) of this section to the prosecuting attorney, the | 1023 |
child's attorney, and the child's guardian ad litem, if any. The | 1024 |
court shall provide copies of any report made under division (F) | 1025 |
of this section to the child's parents, guardian, or custodian | 1026 |
unless the court finds that doing so is not in the best interest | 1027 |
of the child. | 1028 |
(H)(1) Within fifteen business days after receiving a report | 1029 |
under division (F) of this section, the court may hold a hearing | 1030 |
to determine if a new order is necessary. To assist in making a | 1031 |
determination under division (H) of this section, the court may | 1032 |
order a new competency evaluation in accordance with section | 1033 |
2152.53 of the Revised Code. Until a new order is issued or the | 1034 |
required period of participation expires, the child shall continue | 1035 |
to participate in competency attainment services. | 1036 |
(2) If after a hearing held under division (H)(1) of this | 1037 |
section the court determines that the child is not making progress | 1038 |
toward competency or is so uncooperative that attainment services | 1039 |
cannot be effective, the court may order a change in setting or | 1040 |
services that would help the child attain competency within the | 1041 |
relevant period of time under division (D)(2) of this section. | 1042 |
(3) If after a hearing held under division (H)(1) of this | 1043 |
section the court determines that the child has not or will not | 1044 |
attain competency within the relevant period of time under | 1045 |
division (D)(2) of this section, the court shall dismiss the | 1046 |
delinquency complaint without prejudice, except that the court may | 1047 |
delay dismissal for up to ninety calendar days and do either of | 1048 |
the following: | 1049 |
(a) Refer the matter to a public children services agency and | 1050 |
request that agency determine whether to file an action in | 1051 |
accordance with section 2151.27 of the Revised Code alleging that | 1052 |
the child is a dependent, neglected, or abused child; | 1053 |
(b) Assign court staff to refer the child or the child's | 1054 |
family to the local family and children first council or an agency | 1055 |
funded by the department of mental health or department of | 1056 |
developmental disabilities or otherwise secure services to reduce | 1057 |
the potential that the child would engage in behavior that could | 1058 |
result in delinquency or other criminal charges. | 1059 |
(4) A dismissal under division (H)(3) of this section does | 1060 |
not preclude a future delinquent child proceeding or criminal | 1061 |
prosecution as provided under section 2151.23 of the Revised Code | 1062 |
if the child eventually attains competency. | 1063 |
(5) If after a hearing held under division (H)(1) of this | 1064 |
section the court determines that the child has attained | 1065 |
competency, the court shall proceed with the delinquent child's | 1066 |
proceeding in accordance with division (A) of this section. | 1067 |
(6) A dismissal under this section does not bar a civil | 1068 |
action based on the acts or omissions that formed the basis of the | 1069 |
complaint. | 1070 |
Sec. 2301.27. (A)(1)(a) The court of common pleas may | 1071 |
establish a county department of probation. The establishment of | 1072 |
the department shall be entered upon the journal of the court, and | 1073 |
the clerk of the court of common pleas shall certify a copy of the | 1074 |
journal entry establishing the department to each elective officer | 1075 |
and board of the county. The department shall consist of a chief | 1076 |
probation officer and the number of other probation officers and | 1077 |
employees, clerks, and stenographers that is fixed from time to | 1078 |
time by the court. The court shall appoint those individuals, fix | 1079 |
their salaries, and supervise their work. | 1080 |
(b) When appointing a chief probation officer, the court | 1081 |
shall do all of the following: | 1082 |
(i) Publicly advertise the position on the court's web site, | 1083 |
including, but not limited to, the job description, qualifications | 1084 |
for the position, and the application requirements; | 1085 |
(ii) Conduct a competitive hiring process that adheres to | 1086 |
state and federal equal employment opportunity laws; | 1087 |
(iii) Review applicants who meet the posted qualifications | 1088 |
and comply with the application requirements. | 1089 |
(c) The court shall not appoint as a probation officer any | 1090 |
person who does not possess the training, experience, and other | 1091 |
qualifications prescribed by the adult parole authority created by | 1092 |
section 5149.02 of the Revised Code or the department of youth | 1093 |
services, as applicable. Probation officers have all the powers of | 1094 |
regular police officers and shall perform any duties that are | 1095 |
designated by the judge or judges of the court. All positions | 1096 |
within the department of probation, except positions held by | 1097 |
probation officers in the juvenile division of a court of common | 1098 |
pleas, shall be in the classified service of the civil service of | 1099 |
the county. | 1100 |
(2) If two or more counties desire to jointly establish a | 1101 |
probation department for those counties, the judges of the courts | 1102 |
of common pleas of those counties may establish a probation | 1103 |
department for those counties. If a probation department is | 1104 |
established pursuant to division (A)(2) of this section to serve | 1105 |
more than one county, the judges of the courts of common pleas | 1106 |
that established the department shall designate the county | 1107 |
treasurer of one of the counties served by the department as the | 1108 |
treasurer to whom probation fees paid under section 2951.021 of | 1109 |
the Revised Code are to be appropriated and transferred under | 1110 |
division (A)(2) of section 321.44 of the Revised Code for deposit | 1111 |
into the multicounty probation services fund established under | 1112 |
division (B) of section 321.44 of the Revised Code. | 1113 |
The cost of the administration and operation of a probation | 1114 |
department established for two or more counties shall be prorated | 1115 |
to the respective counties on the basis of population. | 1116 |
(3) Probation officers shall receive, in addition to their | 1117 |
respective salaries, their necessary and reasonable travel and | 1118 |
other expenses incurred in the performance of their duties. Their | 1119 |
salaries and expenses shall be paid monthly from the county | 1120 |
treasury in the manner provided for the payment of the | 1121 |
compensation of other appointees of the court. | 1122 |
(4) Probation officers shall be trained in accordance with a | 1123 |
set of minimum standards that are established by the adult parole | 1124 |
authority of the department of rehabilitation and correction. | 1125 |
Probation officers in the juvenile division of a court of common | 1126 |
pleas shall be trained by the department of youth services. | 1127 |
(B)(1)(a) In lieu of establishing a county department of | 1128 |
probation under division (A) of this section and in lieu of | 1129 |
entering into an agreement with the adult parole authority as | 1130 |
described in division (B) of section 2301.32 of the Revised Code, | 1131 |
the court of common pleas may request the board of county | 1132 |
commissioners to contract with, and upon that request the board | 1133 |
may contract with, any nonprofit, public or private agency, | 1134 |
association, or organization for the provision of probation | 1135 |
services and supervisory services for persons placed under | 1136 |
community control sanctions. The contract shall specify that each | 1137 |
individual providing the probation services and supervisory | 1138 |
services shall possess the training, experience, and other | 1139 |
qualifications prescribed by the adult parole authority or the | 1140 |
department of youth services, as applicable. The individuals who | 1141 |
provide the probation services and supervisory services shall not | 1142 |
be included in the classified or unclassified civil service of the | 1143 |
county. | 1144 |
(b) A court of common pleas that has established a county | 1145 |
probation department or has entered into an agreement with the | 1146 |
adult parole authority as described in division (A) or (B) of | 1147 |
section 2301.32 of the Revised Code may request the board of | 1148 |
county commissioners to contract with, and upon that request the | 1149 |
board may contract with, any nonprofit, public or private agency, | 1150 |
association, or organization for the provision of probation | 1151 |
services and supervisory services, including the preparation of | 1152 |
presentence investigation reports to supplement the probation | 1153 |
services and supervisory services provided by the county probation | 1154 |
department or adult parole authority, as applicable. The contract | 1155 |
shall specify that each individual providing the probation | 1156 |
services and supervisory services shall possess the training, | 1157 |
experience, and other qualifications prescribed by the adult | 1158 |
parole authority. The individuals who provide the probation | 1159 |
services and supervisory services shall not be included in the | 1160 |
classified or unclassified civil service of the county. A | 1161 |
nonprofit, public or private agency, association, or organization | 1162 |
providing probation services or supervisory services under this | 1163 |
division is hereby designated a criminal justice agency in the | 1164 |
provision of those services, and as such is authorized by this | 1165 |
state to apply for access to the computerized databases | 1166 |
administered by the national crime information center or the law | 1167 |
enforcement automated data system in Ohio and to other | 1168 |
computerized databases administered for the purpose of making | 1169 |
criminal justice information accessible to state criminal justice | 1170 |
agencies. | 1171 |
(2)(a) In lieu of establishing a county department of | 1172 |
probation under division (A) of this section and in lieu of | 1173 |
entering into an agreement with the adult parole authority as | 1174 |
described in division (B) of section 2301.32 of the Revised Code, | 1175 |
the courts of common pleas of two or more adjoining counties | 1176 |
jointly may request the boards of county commissioners of those | 1177 |
counties to contract with, and upon that request the boards of | 1178 |
county commissioners of two or more adjoining counties jointly may | 1179 |
contract with, any nonprofit, public or private agency, | 1180 |
association, or organization for the provision of probation | 1181 |
services and supervisory services for persons placed under | 1182 |
community control sanctions for those counties. The contract shall | 1183 |
specify that each individual providing the probation services and | 1184 |
supervisory services shall possess the training, experience, and | 1185 |
other qualifications prescribed by the adult parole authority or | 1186 |
the department of youth services, as applicable. The individuals | 1187 |
who provide the probation services and supervisory services shall | 1188 |
not be included in the classified or unclassified civil service of | 1189 |
any of those counties. | 1190 |
(b) The courts of common pleas of two or more adjoining | 1191 |
counties that have jointly established a probation department for | 1192 |
those counties or have entered into an agreement with the adult | 1193 |
parole authority as described in division (A) or (B) of section | 1194 |
2301.32 of the Revised Code may jointly request the board of | 1195 |
county commissioners of each county to contract with, and upon | 1196 |
that request the board may contract with, any nonprofit, public or | 1197 |
private agency, association, or organization for the provision of | 1198 |
probation services and supervisory services, including the | 1199 |
preparation of presentence investigation reports to supplement the | 1200 |
probation services and supervisory services provided by the | 1201 |
probation department or adult parole authority, as applicable. The | 1202 |
contract shall specify that each individual providing the | 1203 |
probation services and supervisory services shall possess the | 1204 |
training, experience, and other qualifications prescribed by the | 1205 |
adult parole authority. The individuals who provide the probation | 1206 |
services and supervisory services shall not be included in the | 1207 |
classified or unclassified civil service of the county. A | 1208 |
nonprofit, public or private agency, association, or organization | 1209 |
providing probation services or supervisory services under this | 1210 |
division is hereby designated a criminal justice agency in the | 1211 |
provision of those services, and as such is authorized by this | 1212 |
state to apply for access to the computerized databases | 1213 |
administered by the national crime information center or the law | 1214 |
enforcement automated data system in Ohio and to other | 1215 |
computerized databases administered for the purpose of making | 1216 |
criminal justice information accessible to state criminal justice | 1217 |
agencies. | 1218 |
(C) The chief probation officer may grant permission to a | 1219 |
probation officer to carry firearms when required in the discharge | 1220 |
of official duties if the probation officer has successfully | 1221 |
completed a basic firearm training program that is approved by the | 1222 |
executive director of the Ohio peace officer training commission. | 1223 |
A probation officer who has been granted permission to carry a | 1224 |
firearm in the discharge of official duties, annually shall | 1225 |
successfully complete a firearms requalification program in | 1226 |
accordance with section 109.801 of the Revised Code. | 1227 |
(D) As used in this section and sections 2301.28 to 2301.32 | 1228 |
of the Revised Code, "community control sanction" has the same | 1229 |
meaning as in section 2929.01 of the Revised Code. | 1230 |
Sec. 2301.271. (A) The adult parole authority of the | 1231 |
department of rehabilitation and correction shall develop minimum | 1232 |
standards for the training of probation officers as provided by | 1233 |
section 2301.27 of the Revised Code. The adult parole authority | 1234 |
shall consult and collaborate with the supreme court in developing | 1235 |
the standards. The department of youth services shall develop | 1236 |
minimum standards for the training of probation officers who | 1237 |
supervise juvenile offenders. The department of youth services may | 1238 |
consult with the adult parole authority of the department of | 1239 |
rehabilitation and correction in developing the standards. | 1240 |
(B) Within six months after | 1241 |
1242 | |
correction and, within six months after the effective date of this | 1243 |
amendment, the department of youth services shall make available a | 1244 |
copy of the minimum standards developed by the authority or | 1245 |
department, as applicable, to the following entities: | 1246 |
(1) Every municipal court, county court, and court of common | 1247 |
pleas; | 1248 |
(2) Every probation department. | 1249 |
Sec. 2921.331. (A) No person shall fail to comply with any | 1250 |
lawful order or direction of any police officer invested with | 1251 |
authority to direct, control, or regulate traffic. | 1252 |
(B) No person shall operate a motor vehicle so as willfully | 1253 |
to elude or flee a police officer after receiving a visible or | 1254 |
audible signal from a police officer to bring the person's motor | 1255 |
vehicle to a stop. | 1256 |
(C)(1) Whoever violates this section is guilty of failure to | 1257 |
comply with an order or signal of a police officer. | 1258 |
(2) A violation of division (A) of this section is a | 1259 |
misdemeanor of the first degree. | 1260 |
(3) Except as provided in divisions (C)(4) and (5) of this | 1261 |
section, a violation of division (B) of this section is a | 1262 |
misdemeanor of the first degree. | 1263 |
(4) Except as provided in division (C)(5) of this section, a | 1264 |
violation of division (B) of this section is a felony of the | 1265 |
fourth degree if the jury or judge as trier of fact finds by proof | 1266 |
beyond a reasonable doubt that, in committing the offense, the | 1267 |
offender was fleeing immediately after the commission of a felony. | 1268 |
(5)(a) A violation of division (B) of this section is a | 1269 |
felony of the third degree if the jury or judge as trier of fact | 1270 |
finds any of the following by proof beyond a reasonable doubt: | 1271 |
(i) The operation of the motor vehicle by the offender was a | 1272 |
proximate cause of serious physical harm to persons or property. | 1273 |
(ii) The operation of the motor vehicle by the offender | 1274 |
caused a substantial risk of serious physical harm to persons or | 1275 |
property. | 1276 |
(b) If a police officer pursues an offender who is violating | 1277 |
division (B) of this section and division (C)(5)(a) of this | 1278 |
section applies, the sentencing court, in determining the | 1279 |
seriousness of an offender's conduct for purposes of sentencing | 1280 |
the offender for a violation of division (B) of this section, | 1281 |
shall consider, along with the factors set forth in sections | 1282 |
2929.12 and 2929.13 of the Revised Code that are required to be | 1283 |
considered, all of the following: | 1284 |
(i) The duration of the pursuit; | 1285 |
(ii) The distance of the pursuit; | 1286 |
(iii) The rate of speed at which the offender operated the | 1287 |
motor vehicle during the pursuit; | 1288 |
(iv) Whether the offender failed to stop for traffic lights | 1289 |
or stop signs during the pursuit; | 1290 |
(v) The number of traffic lights or stop signs for which the | 1291 |
offender failed to stop during the pursuit; | 1292 |
(vi) Whether the offender operated the motor vehicle during | 1293 |
the pursuit without lighted lights during a time when lighted | 1294 |
lights are required; | 1295 |
(vii) Whether the offender committed a moving violation | 1296 |
during the pursuit; | 1297 |
(viii) The number of moving violations the offender committed | 1298 |
during the pursuit; | 1299 |
(ix) Any other relevant factors indicating that the | 1300 |
offender's conduct is more serious than conduct normally | 1301 |
constituting the offense. | 1302 |
(D) If an offender is sentenced pursuant to division (C)(4) | 1303 |
or (5) of this section for a violation of division (B) of this | 1304 |
section, and if the offender is sentenced to a prison term for | 1305 |
that violation, the offender shall serve the prison term | 1306 |
consecutively to any other prison term or mandatory prison term | 1307 |
imposed upon the offender. | 1308 |
(E) In addition to any other sanction imposed for a felony | 1309 |
violation of division (B) of this section, the court shall impose | 1310 |
a class two suspension from the range specified in division (A)(2) | 1311 |
of section 4510.02 of the Revised Code. In addition to any other | 1312 |
sanction imposed for a violation of division (A) of this section | 1313 |
or a misdemeanor violation of division (B) of this section, the | 1314 |
court shall impose a class five suspension from the range | 1315 |
specified in division (A)(5) of section 4510.02 of the Revised | 1316 |
Code. If the offender previously has been found guilty of an | 1317 |
offense under this section, in addition to any other sanction | 1318 |
imposed for the offense, the court shall impose a class one | 1319 |
suspension as described in division (A)(1) of that section. The | 1320 |
court shall not grant limited driving privileges to the offender | 1321 |
on a suspension imposed for a felony violation of this section. | 1322 |
The court may grant limited driving privileges to the offender on | 1323 |
a suspension imposed for a misdemeanor violation of this section | 1324 |
as set forth in section 4510.021 of the Revised Code. No judge | 1325 |
shall suspend the first three years of suspension under a class | 1326 |
two suspension of an offender's license, permit, or privilege | 1327 |
required by this division on any portion of the suspension under a | 1328 |
class one suspension of an offender's license, permit, or | 1329 |
privilege required by this division. | 1330 |
(F) As used in this section: | 1331 |
(1) "Moving violation" has the same meaning as in section | 1332 |
2743.70 of the Revised Code. | 1333 |
(2) "Police officer" has the same meaning as in section | 1334 |
4511.01 of the Revised Code. | 1335 |
Sec. 2925.03. (A) No person shall knowingly do any of the | 1336 |
following: | 1337 |
(1) Sell or offer to sell a controlled substance; | 1338 |
(2) Prepare for shipment, ship, transport, deliver, prepare | 1339 |
for distribution, or distribute a controlled substance, when the | 1340 |
offender knows or has reasonable cause to believe that the | 1341 |
controlled substance is intended for sale or resale by the | 1342 |
offender or another person. | 1343 |
(B) This section does not apply to any of the following: | 1344 |
(1) Manufacturers, licensed health professionals authorized | 1345 |
to prescribe drugs, pharmacists, owners of pharmacies, and other | 1346 |
persons whose conduct is in accordance with Chapters 3719., 4715., | 1347 |
4723., 4729., 4730., 4731., and 4741. of the Revised Code; | 1348 |
(2) If the offense involves an anabolic steroid, any person | 1349 |
who is conducting or participating in a research project involving | 1350 |
the use of an anabolic steroid if the project has been approved by | 1351 |
the United States food and drug administration; | 1352 |
(3) Any person who sells, offers for sale, prescribes, | 1353 |
dispenses, or administers for livestock or other nonhuman species | 1354 |
an anabolic steroid that is expressly intended for administration | 1355 |
through implants to livestock or other nonhuman species and | 1356 |
approved for that purpose under the "Federal Food, Drug, and | 1357 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 1358 |
and is sold, offered for sale, prescribed, dispensed, or | 1359 |
administered for that purpose in accordance with that act. | 1360 |
(C) Whoever violates division (A) of this section is guilty | 1361 |
of one of the following: | 1362 |
(1) If the drug involved in the violation is any compound, | 1363 |
mixture, preparation, or substance included in schedule I or | 1364 |
schedule II, with the exception of marihuana, | 1365 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 1366 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 1367 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 1368 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 1369 |
cocaine, L.S.D., heroin, and hashish, whoever violates division | 1370 |
(A) of this section is guilty of aggravated trafficking in drugs. | 1371 |
The penalty for the offense shall be determined as follows: | 1372 |
(a) Except as otherwise provided in division (C)(1)(b), (c), | 1373 |
(d), (e), or (f) of this section, aggravated trafficking in drugs | 1374 |
is a felony of the fourth degree, and division (C) of section | 1375 |
2929.13 of the Revised Code applies in determining whether to | 1376 |
impose a prison term on the offender. | 1377 |
(b) Except as otherwise provided in division (C)(1)(c), (d), | 1378 |
(e), or (f) of this section, if the offense was committed in the | 1379 |
vicinity of a school or in the vicinity of a juvenile, aggravated | 1380 |
trafficking in drugs is a felony of the third degree, and division | 1381 |
(C) of section 2929.13 of the Revised Code applies in determining | 1382 |
whether to impose a prison term on the offender. | 1383 |
(c) Except as otherwise provided in this division, if the | 1384 |
amount of the drug involved equals or exceeds the bulk amount but | 1385 |
is less than five times the bulk amount, aggravated trafficking in | 1386 |
drugs is a felony of the third degree, and, except as otherwise | 1387 |
provided in this division, there is a presumption for a prison | 1388 |
term for the offense. If aggravated trafficking in drugs is a | 1389 |
felony of the third degree under this division and if the offender | 1390 |
two or more times previously has been convicted of or pleaded | 1391 |
guilty to a felony drug abuse offense, the court shall impose as a | 1392 |
mandatory prison term one of the prison terms prescribed for a | 1393 |
felony of the third degree. If the amount of the drug involved is | 1394 |
within that range and if the offense was committed in the vicinity | 1395 |
of a school or in the vicinity of a juvenile, aggravated | 1396 |
trafficking in drugs is a felony of the second degree, and the | 1397 |
court shall impose as a mandatory prison term one of the prison | 1398 |
terms prescribed for a felony of the second degree. | 1399 |
(d) Except as otherwise provided in this division, if the | 1400 |
amount of the drug involved equals or exceeds five times the bulk | 1401 |
amount but is less than fifty times the bulk amount, aggravated | 1402 |
trafficking in drugs is a felony of the second degree, and the | 1403 |
court shall impose as a mandatory prison term one of the prison | 1404 |
terms prescribed for a felony of the second degree. If the amount | 1405 |
of the drug involved is within that range and if the offense was | 1406 |
committed in the vicinity of a school or in the vicinity of a | 1407 |
juvenile, aggravated trafficking in drugs is a felony of the first | 1408 |
degree, and the court shall impose as a mandatory prison term one | 1409 |
of the prison terms prescribed for a felony of the first degree. | 1410 |
(e) If the amount of the drug involved equals or exceeds | 1411 |
fifty times the bulk amount but is less than one hundred times the | 1412 |
bulk amount and regardless of whether the offense was committed in | 1413 |
the vicinity of a school or in the vicinity of a juvenile, | 1414 |
aggravated trafficking in drugs is a felony of the first degree, | 1415 |
and the court shall impose as a mandatory prison term one of the | 1416 |
prison terms prescribed for a felony of the first degree. | 1417 |
(f) If the amount of the drug involved equals or exceeds one | 1418 |
hundred times the bulk amount and regardless of whether the | 1419 |
offense was committed in the vicinity of a school or in the | 1420 |
vicinity of a juvenile, aggravated trafficking in drugs is a | 1421 |
felony of the first degree, the offender is a major drug offender, | 1422 |
and the court shall impose as a mandatory prison term the maximum | 1423 |
prison term prescribed for a felony of the first degree. | 1424 |
(2) If the drug involved in the violation is any compound, | 1425 |
mixture, preparation, or substance included in schedule III, IV, | 1426 |
or V, whoever violates division (A) of this section is guilty of | 1427 |
trafficking in drugs. The penalty for the offense shall be | 1428 |
determined as follows: | 1429 |
(a) Except as otherwise provided in division (C)(2)(b), (c), | 1430 |
(d), or (e) of this section, trafficking in drugs is a felony of | 1431 |
the fifth degree, and division | 1432 |
Revised Code applies in determining whether to impose a prison | 1433 |
term on the offender. | 1434 |
(b) Except as otherwise provided in division (C)(2)(c), (d), | 1435 |
or (e) of this section, if the offense was committed in the | 1436 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 1437 |
in drugs is a felony of the fourth degree, and division (C) of | 1438 |
section 2929.13 of the Revised Code applies in determining whether | 1439 |
to impose a prison term on the offender. | 1440 |
(c) Except as otherwise provided in this division, if the | 1441 |
amount of the drug involved equals or exceeds the bulk amount but | 1442 |
is less than five times the bulk amount, trafficking in drugs is a | 1443 |
felony of the fourth degree, and division (B) of section 2929.13 | 1444 |
of the Revised Code applies in determining whether to impose a | 1445 |
prison term for the offense. If the amount of the drug involved is | 1446 |
within that range and if the offense was committed in the vicinity | 1447 |
of a school or in the vicinity of a juvenile, trafficking in drugs | 1448 |
is a felony of the third degree, and there is a presumption for a | 1449 |
prison term for the offense. | 1450 |
(d) Except as otherwise provided in this division, if the | 1451 |
amount of the drug involved equals or exceeds five times the bulk | 1452 |
amount but is less than fifty times the bulk amount, trafficking | 1453 |
in drugs is a felony of the third degree, and there is a | 1454 |
presumption for a prison term for the offense. If the amount of | 1455 |
the drug involved is within that range and if the offense was | 1456 |
committed in the vicinity of a school or in the vicinity of a | 1457 |
juvenile, trafficking in drugs is a felony of the second degree, | 1458 |
and there is a presumption for a prison term for the offense. | 1459 |
(e) Except as otherwise provided in this division, if the | 1460 |
amount of the drug involved equals or exceeds fifty times the bulk | 1461 |
amount, trafficking in drugs is a felony of the second degree, and | 1462 |
the court shall impose as a mandatory prison term one of the | 1463 |
prison terms prescribed for a felony of the second degree. If the | 1464 |
amount of the drug involved equals or exceeds fifty times the bulk | 1465 |
amount and if the offense was committed in the vicinity of a | 1466 |
school or in the vicinity of a juvenile, trafficking in drugs is a | 1467 |
felony of the first degree, and the court shall impose as a | 1468 |
mandatory prison term one of the prison terms prescribed for a | 1469 |
felony of the first degree. | 1470 |
(3) If the drug involved in the violation is marihuana or a | 1471 |
compound, mixture, preparation, or substance containing marihuana | 1472 |
other than hashish, whoever violates division (A) of this section | 1473 |
is guilty of trafficking in marihuana. The penalty for the offense | 1474 |
shall be determined as follows: | 1475 |
(a) Except as otherwise provided in division (C)(3)(b), (c), | 1476 |
(d), (e), (f), (g), or (h) of this section, trafficking in | 1477 |
marihuana is a felony of the fifth degree, and division (B) of | 1478 |
section 2929.13 of the Revised Code applies in determining whether | 1479 |
to impose a prison term on the offender. | 1480 |
(b) Except as otherwise provided in division (C)(3)(c), (d), | 1481 |
(e), (f), (g), or (h) of this section, if the offense was | 1482 |
committed in the vicinity of a school or in the vicinity of a | 1483 |
juvenile, trafficking in marihuana is a felony of the fourth | 1484 |
degree, and division (B) of section 2929.13 of the Revised Code | 1485 |
applies in determining whether to impose a prison term on the | 1486 |
offender. | 1487 |
(c) Except as otherwise provided in this division, if the | 1488 |
amount of the drug involved equals or exceeds two hundred grams | 1489 |
but is less than one thousand grams, trafficking in marihuana is a | 1490 |
felony of the fourth degree, and division (B) of section 2929.13 | 1491 |
of the Revised Code applies in determining whether to impose a | 1492 |
prison term on the offender. If the amount of the drug involved is | 1493 |
within that range and if the offense was committed in the vicinity | 1494 |
of a school or in the vicinity of a juvenile, trafficking in | 1495 |
marihuana is a felony of the third degree, and division (C) of | 1496 |
section 2929.13 of the Revised Code applies in determining whether | 1497 |
to impose a prison term on the offender. | 1498 |
(d) Except as otherwise provided in this division, if the | 1499 |
amount of the drug involved equals or exceeds one thousand grams | 1500 |
but is less than five thousand grams, trafficking in marihuana is | 1501 |
a felony of the third degree, and division (C) of section 2929.13 | 1502 |
of the Revised Code applies in determining whether to impose a | 1503 |
prison term on the offender. If the amount of the drug involved is | 1504 |
within that range and if the offense was committed in the vicinity | 1505 |
of a school or in the vicinity of a juvenile, trafficking in | 1506 |
marihuana is a felony of the second degree, and there is a | 1507 |
presumption that a prison term shall be imposed for the offense. | 1508 |
(e) Except as otherwise provided in this division, if the | 1509 |
amount of the drug involved equals or exceeds five thousand grams | 1510 |
but is less than twenty thousand grams, trafficking in marihuana | 1511 |
is a felony of the third degree, and there is a presumption that a | 1512 |
prison term shall be imposed for the offense. If the amount of the | 1513 |
drug involved is within that range and if the offense was | 1514 |
committed in the vicinity of a school or in the vicinity of a | 1515 |
juvenile, trafficking in marihuana is a felony of the second | 1516 |
degree, and there is a presumption that a prison term shall be | 1517 |
imposed for the offense. | 1518 |
(f) Except as otherwise provided in this division, if the | 1519 |
amount of the drug involved equals or exceeds twenty thousand | 1520 |
grams but is less than forty thousand grams, trafficking in | 1521 |
marihuana is a felony of the second degree, and the court shall | 1522 |
impose a mandatory prison term of five, six, seven, or eight | 1523 |
years. If the amount of the drug involved is within that range and | 1524 |
if the offense was committed in the vicinity of a school or in the | 1525 |
vicinity of a juvenile, trafficking in marihuana is a felony of | 1526 |
the first degree, and the court shall impose as a mandatory prison | 1527 |
term the maximum prison term prescribed for a felony of the first | 1528 |
degree. | 1529 |
(g) Except as otherwise provided in this division, if the | 1530 |
amount of the drug involved equals or exceeds forty thousand | 1531 |
grams, trafficking in marihuana is a felony of the second degree, | 1532 |
and the court shall impose as a mandatory prison term the maximum | 1533 |
prison term prescribed for a felony of the second degree. If the | 1534 |
amount of the drug involved equals or exceeds forty thousand grams | 1535 |
and if the offense was committed in the vicinity of a school or in | 1536 |
the vicinity of a juvenile, trafficking in marihuana is a felony | 1537 |
of the first degree, and the court shall impose as a mandatory | 1538 |
prison term the maximum prison term prescribed for a felony of the | 1539 |
first degree. | 1540 |
(h) Except as otherwise provided in this division, if the | 1541 |
offense involves a gift of twenty grams or less of marihuana, | 1542 |
trafficking in marihuana is a minor misdemeanor upon a first | 1543 |
offense and a misdemeanor of the third degree upon a subsequent | 1544 |
offense. If the offense involves a gift of twenty grams or less of | 1545 |
marihuana and if the offense was committed in the vicinity of a | 1546 |
school or in the vicinity of a juvenile, trafficking in marihuana | 1547 |
is a misdemeanor of the third degree. | 1548 |
(4) If the drug involved in the violation is cocaine or a | 1549 |
compound, mixture, preparation, or substance containing cocaine, | 1550 |
whoever violates division (A) of this section is guilty of | 1551 |
trafficking in cocaine. The penalty for the offense shall be | 1552 |
determined as follows: | 1553 |
(a) Except as otherwise provided in division (C)(4)(b), (c), | 1554 |
(d), (e), (f), or (g) of this section, trafficking in cocaine is a | 1555 |
felony of the fifth degree, and division | 1556 |
of the Revised Code applies in determining whether to impose a | 1557 |
prison term on the offender. | 1558 |
(b) Except as otherwise provided in division (C)(4)(c), (d), | 1559 |
(e), (f), or (g) of this section, if the offense was committed in | 1560 |
the vicinity of a school or in the vicinity of a juvenile, | 1561 |
trafficking in cocaine is a felony of the fourth degree, and | 1562 |
division (C) of section 2929.13 of the Revised Code applies in | 1563 |
determining whether to impose a prison term on the offender. | 1564 |
(c) Except as otherwise provided in this division, if the | 1565 |
amount of the drug involved equals or exceeds five grams but is | 1566 |
less than ten grams of cocaine, trafficking in cocaine is a felony | 1567 |
of the fourth degree, and division (B) of section 2929.13 of the | 1568 |
Revised Code applies in determining whether to impose a prison | 1569 |
term for the offense. If the amount of the drug involved is within | 1570 |
that range and if the offense was committed in the vicinity of a | 1571 |
school or in the vicinity of a juvenile, trafficking in cocaine is | 1572 |
a felony of the third degree, and there is a presumption for a | 1573 |
prison term for the offense. | 1574 |
(d) Except as otherwise provided in this division, if the | 1575 |
amount of the drug involved equals or exceeds ten grams but is | 1576 |
less than twenty grams of cocaine, trafficking in cocaine is a | 1577 |
felony of the third degree, and, except as otherwise provided in | 1578 |
this division, there is a presumption for a prison term for the | 1579 |
offense. If trafficking in cocaine is a felony of the third degree | 1580 |
under this division and if the offender two or more times | 1581 |
previously has been convicted of or pleaded guilty to a felony | 1582 |
drug abuse offense, the court shall impose as a mandatory prison | 1583 |
term one of the prison terms prescribed for a felony of the third | 1584 |
degree. If the amount of the drug involved is within that range | 1585 |
and if the offense was committed in the vicinity of a school or in | 1586 |
the vicinity of a juvenile, trafficking in cocaine is a felony of | 1587 |
the second degree, and the court shall impose as a mandatory | 1588 |
prison term one of the prison terms prescribed for a felony of the | 1589 |
second degree. | 1590 |
(e) Except as otherwise provided in this division, if the | 1591 |
amount of the drug involved equals or exceeds twenty grams but is | 1592 |
less than twenty-seven grams of cocaine, trafficking in cocaine is | 1593 |
a felony of the second degree, and the court shall impose as a | 1594 |
mandatory prison term one of the prison terms prescribed for a | 1595 |
felony of the second degree. If the amount of the drug involved is | 1596 |
within that range and if the offense was committed in the vicinity | 1597 |
of a school or in the vicinity of a juvenile, trafficking in | 1598 |
cocaine is a felony of the first degree, and the court shall | 1599 |
impose as a mandatory prison term one of the prison terms | 1600 |
prescribed for a felony of the first degree. | 1601 |
(f) If the amount of the drug involved equals or exceeds | 1602 |
twenty-seven grams but is less than one hundred grams of cocaine | 1603 |
and regardless of whether the offense was committed in the | 1604 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 1605 |
in cocaine is a felony of the first degree, and the court shall | 1606 |
impose as a mandatory prison term one of the prison terms | 1607 |
prescribed for a felony of the first degree. | 1608 |
(g) If the amount of the drug involved equals or exceeds one | 1609 |
hundred grams of cocaine and regardless of whether the offense was | 1610 |
committed in the vicinity of a school or in the vicinity of a | 1611 |
juvenile, trafficking in cocaine is a felony of the first degree, | 1612 |
the offender is a major drug offender, and the court shall impose | 1613 |
as a mandatory prison term the maximum prison term prescribed for | 1614 |
a felony of the first degree. | 1615 |
(5) If the drug involved in the violation is L.S.D. or a | 1616 |
compound, mixture, preparation, or substance containing L.S.D., | 1617 |
whoever violates division (A) of this section is guilty of | 1618 |
trafficking in L.S.D. The penalty for the offense shall be | 1619 |
determined as follows: | 1620 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 1621 |
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a | 1622 |
felony of the fifth degree, and division | 1623 |
of the Revised Code applies in determining whether to impose a | 1624 |
prison term on the offender. | 1625 |
(b) Except as otherwise provided in division (C)(5)(c), (d), | 1626 |
(e), (f), or (g) of this section, if the offense was committed in | 1627 |
the vicinity of a school or in the vicinity of a juvenile, | 1628 |
trafficking in L.S.D. is a felony of the fourth degree, and | 1629 |
division (C) of section 2929.13 of the Revised Code applies in | 1630 |
determining whether to impose a prison term on the offender. | 1631 |
(c) Except as otherwise provided in this division, if the | 1632 |
amount of the drug involved equals or exceeds ten unit doses but | 1633 |
is less than fifty unit doses of L.S.D. in a solid form or equals | 1634 |
or exceeds one gram but is less than five grams of L.S.D. in a | 1635 |
liquid concentrate, liquid extract, or liquid distillate form, | 1636 |
trafficking in L.S.D. is a felony of the fourth degree, and | 1637 |
division (B) of section 2929.13 of the Revised Code applies in | 1638 |
determining whether to impose a prison term for the offense. If | 1639 |
the amount of the drug involved is within that range and if the | 1640 |
offense was committed in the vicinity of a school or in the | 1641 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 1642 |
third degree, and there is a presumption for a prison term for the | 1643 |
offense. | 1644 |
(d) Except as otherwise provided in this division, if the | 1645 |
amount of the drug involved equals or exceeds fifty unit doses but | 1646 |
is less than two hundred fifty unit doses of L.S.D. in a solid | 1647 |
form or equals or exceeds five grams but is less than twenty-five | 1648 |
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid | 1649 |
distillate form, trafficking in L.S.D. is a felony of the third | 1650 |
degree, and, except as otherwise provided in this division, there | 1651 |
is a presumption for a prison term for the offense. If trafficking | 1652 |
in L.S.D. is a felony of the third degree under this division and | 1653 |
if the offender two or more times previously has been convicted of | 1654 |
or pleaded guilty to a felony drug abuse offense, the court shall | 1655 |
impose as a mandatory prison term one of the prison terms | 1656 |
prescribed for a felony of the third degree. If the amount of the | 1657 |
drug involved is within that range and if the offense was | 1658 |
committed in the vicinity of a school or in the vicinity of a | 1659 |
juvenile, trafficking in L.S.D. is a felony of the second degree, | 1660 |
and the court shall impose as a mandatory prison term one of the | 1661 |
prison terms prescribed for a felony of the second degree. | 1662 |
(e) Except as otherwise provided in this division, if the | 1663 |
amount of the drug involved equals or exceeds two hundred fifty | 1664 |
unit doses but is less than one thousand unit doses of L.S.D. in a | 1665 |
solid form or equals or exceeds twenty-five grams but is less than | 1666 |
one hundred grams of L.S.D. in a liquid concentrate, liquid | 1667 |
extract, or liquid distillate form, trafficking in L.S.D. is a | 1668 |
felony of the second degree, and the court shall impose as a | 1669 |
mandatory prison term one of the prison terms prescribed for a | 1670 |
felony of the second degree. If the amount of the drug involved is | 1671 |
within that range and if the offense was committed in the vicinity | 1672 |
of a school or in the vicinity of a juvenile, trafficking in | 1673 |
L.S.D. is a felony of the first degree, and the court shall impose | 1674 |
as a mandatory prison term one of the prison terms prescribed for | 1675 |
a felony of the first degree. | 1676 |
(f) If the amount of the drug involved equals or exceeds one | 1677 |
thousand unit doses but is less than five thousand unit doses of | 1678 |
L.S.D. in a solid form or equals or exceeds one hundred grams but | 1679 |
is less than five hundred grams of L.S.D. in a liquid concentrate, | 1680 |
liquid extract, or liquid distillate form and regardless of | 1681 |
whether the offense was committed in the vicinity of a school or | 1682 |
in the vicinity of a juvenile, trafficking in L.S.D. is a felony | 1683 |
of the first degree, and the court shall impose as a mandatory | 1684 |
prison term one of the prison terms prescribed for a felony of the | 1685 |
first degree. | 1686 |
(g) If the amount of the drug involved equals or exceeds five | 1687 |
thousand unit doses of L.S.D. in a solid form or equals or exceeds | 1688 |
five hundred grams of L.S.D. in a liquid concentrate, liquid | 1689 |
extract, or liquid distillate form and regardless of whether the | 1690 |
offense was committed in the vicinity of a school or in the | 1691 |
vicinity of a juvenile, trafficking in L.S.D. is a felony of the | 1692 |
first degree, the offender is a major drug offender, and the court | 1693 |
shall impose as a mandatory prison term the maximum prison term | 1694 |
prescribed for a felony of the first degree. | 1695 |
(6) If the drug involved in the violation is heroin or a | 1696 |
compound, mixture, preparation, or substance containing heroin, | 1697 |
whoever violates division (A) of this section is guilty of | 1698 |
trafficking in heroin. The penalty for the offense shall be | 1699 |
determined as follows: | 1700 |
(a) Except as otherwise provided in division (C)(6)(b), (c), | 1701 |
(d), (e), (f), or (g) of this section, trafficking in heroin is a | 1702 |
felony of the fifth degree, and division | 1703 |
of the Revised Code applies in determining whether to impose a | 1704 |
prison term on the offender. | 1705 |
(b) Except as otherwise provided in division (C)(6)(c), (d), | 1706 |
(e), (f), or (g) of this section, if the offense was committed in | 1707 |
the vicinity of a school or in the vicinity of a juvenile, | 1708 |
trafficking in heroin is a felony of the fourth degree, and | 1709 |
division (C) of section 2929.13 of the Revised Code applies in | 1710 |
determining whether to impose a prison term on the offender. | 1711 |
(c) Except as otherwise provided in this division, if the | 1712 |
amount of the drug involved equals or exceeds ten unit doses but | 1713 |
is less than fifty unit doses or equals or exceeds one gram but is | 1714 |
less than five grams, trafficking in heroin is a felony of the | 1715 |
fourth degree, and division (B) of section 2929.13 of the Revised | 1716 |
Code applies in determining whether to impose a prison term for | 1717 |
the offense. If the amount of the drug involved is within that | 1718 |
range and if the offense was committed in the vicinity of a school | 1719 |
or in the vicinity of a juvenile, trafficking in heroin is a | 1720 |
felony of the third degree, and there is a presumption for a | 1721 |
prison term for the offense. | 1722 |
(d) Except as otherwise provided in this division, if the | 1723 |
amount of the drug involved equals or exceeds fifty unit doses but | 1724 |
is less than one hundred unit doses or equals or exceeds five | 1725 |
grams but is less than ten grams, trafficking in heroin is a | 1726 |
felony of the third degree, and there is a presumption for a | 1727 |
prison term for the offense. If the amount of the drug involved is | 1728 |
within that range and if the offense was committed in the vicinity | 1729 |
of a school or in the vicinity of a juvenile, trafficking in | 1730 |
heroin is a felony of the second degree, and there is a | 1731 |
presumption for a prison term for the offense. | 1732 |
(e) Except as otherwise provided in this division, if the | 1733 |
amount of the drug involved equals or exceeds one hundred unit | 1734 |
doses but is less than five hundred unit doses or equals or | 1735 |
exceeds ten grams but is less than fifty grams, trafficking in | 1736 |
heroin is a felony of the second degree, and the court shall | 1737 |
impose as a mandatory prison term one of the prison terms | 1738 |
prescribed for a felony of the second degree. If the amount of the | 1739 |
drug involved is within that range and if the offense was | 1740 |
committed in the vicinity of a school or in the vicinity of a | 1741 |
juvenile, trafficking in heroin is a felony of the first degree, | 1742 |
and the court shall impose as a mandatory prison term one of the | 1743 |
prison terms prescribed for a felony of the first degree. | 1744 |
(f) If the amount of the drug involved equals or exceeds five | 1745 |
hundred unit doses but is less than two thousand five hundred unit | 1746 |
doses or equals or exceeds fifty grams but is less than two | 1747 |
hundred fifty grams and regardless of whether the offense was | 1748 |
committed in the vicinity of a school or in the vicinity of a | 1749 |
juvenile, trafficking in heroin is a felony of the first degree, | 1750 |
and the court shall impose as a mandatory prison term one of the | 1751 |
prison terms prescribed for a felony of the first degree. | 1752 |
(g) If the amount of the drug involved equals or exceeds two | 1753 |
thousand five hundred unit doses or equals or exceeds two hundred | 1754 |
fifty grams and regardless of whether the offense was committed in | 1755 |
the vicinity of a school or in the vicinity of a juvenile, | 1756 |
trafficking in heroin is a felony of the first degree, the | 1757 |
offender is a major drug offender, and the court shall impose as a | 1758 |
mandatory prison term the maximum prison term prescribed for a | 1759 |
felony of the first degree. | 1760 |
(7) If the drug involved in the violation is hashish or a | 1761 |
compound, mixture, preparation, or substance containing hashish, | 1762 |
whoever violates division (A) of this section is guilty of | 1763 |
trafficking in hashish. The penalty for the offense shall be | 1764 |
determined as follows: | 1765 |
(a) Except as otherwise provided in division (C)(7)(b), (c), | 1766 |
(d), (e), (f), or (g) of this section, trafficking in hashish is a | 1767 |
felony of the fifth degree, and division (B) of section 2929.13 of | 1768 |
the Revised Code applies in determining whether to impose a prison | 1769 |
term on the offender. | 1770 |
(b) Except as otherwise provided in division (C)(7)(c), (d), | 1771 |
(e), (f), or (g) of this section, if the offense was committed in | 1772 |
the vicinity of a school or in the vicinity of a juvenile, | 1773 |
trafficking in hashish is a felony of the fourth degree, and | 1774 |
division (B) of section 2929.13 of the Revised Code applies in | 1775 |
determining whether to impose a prison term on the offender. | 1776 |
(c) Except as otherwise provided in this division, if the | 1777 |
amount of the drug involved equals or exceeds ten grams but is | 1778 |
less than fifty grams of hashish in a solid form or equals or | 1779 |
exceeds two grams but is less than ten grams of hashish in a | 1780 |
liquid concentrate, liquid extract, or liquid distillate form, | 1781 |
trafficking in hashish is a felony of the fourth degree, and | 1782 |
division (B) of section 2929.13 of the Revised Code applies in | 1783 |
determining whether to impose a prison term on the offender. If | 1784 |
the amount of the drug involved is within that range and if the | 1785 |
offense was committed in the vicinity of a school or in the | 1786 |
vicinity of a juvenile, trafficking in hashish is a felony of the | 1787 |
third degree, and division (C) of section 2929.13 of the Revised | 1788 |
Code applies in determining whether to impose a prison term on the | 1789 |
offender. | 1790 |
(d) Except as otherwise provided in this division, if the | 1791 |
amount of the drug involved equals or exceeds fifty grams but is | 1792 |
less than two hundred fifty grams of hashish in a solid form or | 1793 |
equals or exceeds ten grams but is less than fifty grams of | 1794 |
hashish in a liquid concentrate, liquid extract, or liquid | 1795 |
distillate form, trafficking in hashish is a felony of the third | 1796 |
degree, and division (C) of section 2929.13 of the Revised Code | 1797 |
applies in determining whether to impose a prison term on the | 1798 |
offender. If the amount of the drug involved is within that range | 1799 |
and if the offense was committed in the vicinity of a school or in | 1800 |
the vicinity of a juvenile, trafficking in hashish is a felony of | 1801 |
the second degree, and there is a presumption that a prison term | 1802 |
shall be imposed for the offense. | 1803 |
(e) Except as otherwise provided in this division, if the | 1804 |
amount of the drug involved equals or exceeds two hundred fifty | 1805 |
grams but is less than one thousand grams of hashish in a solid | 1806 |
form or equals or exceeds fifty grams but is less than two hundred | 1807 |
grams of hashish in a liquid concentrate, liquid extract, or | 1808 |
liquid distillate form, trafficking in hashish is a felony of the | 1809 |
third degree, and there is a presumption that a prison term shall | 1810 |
be imposed for the offense. If the amount of the drug involved is | 1811 |
within that range and if the offense was committed in the vicinity | 1812 |
of a school or in the vicinity of a juvenile, trafficking in | 1813 |
hashish is a felony of the second degree, and there is a | 1814 |
presumption that a prison term shall be imposed for the offense. | 1815 |
(f) Except as otherwise provided in this division, if the | 1816 |
amount of the drug involved equals or exceeds one thousand grams | 1817 |
but is less than two thousand grams of hashish in a solid form or | 1818 |
equals or exceeds two hundred grams but is less than four hundred | 1819 |
grams of hashish in a liquid concentrate, liquid extract, or | 1820 |
liquid distillate form, trafficking in hashish is a felony of the | 1821 |
second degree, and the court shall impose a mandatory prison term | 1822 |
of five, six, seven, or eight years. If the amount of the drug | 1823 |
involved is within that range and if the offense was committed in | 1824 |
the vicinity of a school or in the vicinity of a juvenile, | 1825 |
trafficking in hashish is a felony of the first degree, and the | 1826 |
court shall impose as a mandatory prison term the maximum prison | 1827 |
term prescribed for a felony of the first degree. | 1828 |
(g) Except as otherwise provided in this division, if the | 1829 |
amount of the drug involved equals or exceeds two thousand grams | 1830 |
of hashish in a solid form or equals or exceeds four hundred grams | 1831 |
of hashish in a liquid concentrate, liquid extract, or liquid | 1832 |
distillate form, trafficking in hashish is a felony of the second | 1833 |
degree, and the court shall impose as a mandatory prison term the | 1834 |
maximum prison term prescribed for a felony of the second degree. | 1835 |
If the amount of the drug involved equals or exceeds two thousand | 1836 |
grams of hashish in a solid form or equals or exceeds four hundred | 1837 |
grams of hashish in a liquid concentrate, liquid extract, or | 1838 |
liquid distillate form and if the offense was committed in the | 1839 |
vicinity of a school or in the vicinity of a juvenile, trafficking | 1840 |
in hashish is a felony of the first degree, and the court shall | 1841 |
impose as a mandatory prison term the maximum prison term | 1842 |
prescribed for a felony of the first degree. | 1843 |
(8) If the drug involved in the violation is | 1844 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 1845 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 1846 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or | 1847 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a | 1848 |
compound, mixture, preparation, or substance containing | 1849 |
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, | 1850 |
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole, | 1851 |
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or | 1852 |
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, | 1853 |
whoever violates division (A) of this section is guilty of | 1854 |
trafficking in spice. The penalty for the offense shall be | 1855 |
determined as follows: | 1856 |
(a) Except as otherwise provided in division (C)(8)(b) of | 1857 |
this section, trafficking in spice is a felony of the fifth | 1858 |
degree, and division (C) of section 2929.13 of the Revised Code | 1859 |
applies in determining whether to impose a prison term on the | 1860 |
offender. | 1861 |
(b) If the offense was committed in the vicinity of a school | 1862 |
or in the vicinity of a juvenile, trafficking in spice is a felony | 1863 |
of the fourth degree, and division (C) of section 2929.13 of the | 1864 |
Revised Code applies in determining whether to impose a prison | 1865 |
term on the offender. | 1866 |
(D) In addition to any prison term authorized or required by | 1867 |
division (C) of this section and sections 2929.13 and 2929.14 of | 1868 |
the Revised Code, and in addition to any other sanction imposed | 1869 |
for the offense under this section or sections 2929.11 to 2929.18 | 1870 |
of the Revised Code, the court that sentences an offender who is | 1871 |
convicted of or pleads guilty to a violation of division (A) of | 1872 |
this section shall do all of the following that are applicable | 1873 |
regarding the offender: | 1874 |
(1) If the violation of division (A) of this section is a | 1875 |
felony of the first, second, or third degree, the court shall | 1876 |
impose upon the offender the mandatory fine specified for the | 1877 |
offense under division (B)(1) of section 2929.18 of the Revised | 1878 |
Code unless, as specified in that division, the court determines | 1879 |
that the offender is indigent. Except as otherwise provided in | 1880 |
division (H)(1) of this section, a mandatory fine or any other | 1881 |
fine imposed for a violation of this section is subject to | 1882 |
division (F) of this section. If a person is charged with a | 1883 |
violation of this section that is a felony of the first, second, | 1884 |
or third degree, posts bail, and forfeits the bail, the clerk of | 1885 |
the court shall pay the forfeited bail pursuant to divisions | 1886 |
(D)(1) and (F) of this section, as if the forfeited bail was a | 1887 |
fine imposed for a violation of this section. If any amount of the | 1888 |
forfeited bail remains after that payment and if a fine is imposed | 1889 |
under division (H)(1) of this section, the clerk of the court | 1890 |
shall pay the remaining amount of the forfeited bail pursuant to | 1891 |
divisions (H)(2) and (3) of this section, as if that remaining | 1892 |
amount was a fine imposed under division (H)(1) of this section. | 1893 |
(2) The court shall suspend the driver's or commercial | 1894 |
driver's license or permit of the offender in accordance with | 1895 |
division (G) of this section. | 1896 |
(3) If the offender is a professionally licensed person, the | 1897 |
court immediately shall comply with section 2925.38 of the Revised | 1898 |
Code. | 1899 |
(E) When a person is charged with the sale of or offer to | 1900 |
sell a bulk amount or a multiple of a bulk amount of a controlled | 1901 |
substance, the jury, or the court trying the accused, shall | 1902 |
determine the amount of the controlled substance involved at the | 1903 |
time of the offense and, if a guilty verdict is returned, shall | 1904 |
return the findings as part of the verdict. In any such case, it | 1905 |
is unnecessary to find and return the exact amount of the | 1906 |
controlled substance involved, and it is sufficient if the finding | 1907 |
and return is to the effect that the amount of the controlled | 1908 |
substance involved is the requisite amount, or that the amount of | 1909 |
the controlled substance involved is less than the requisite | 1910 |
amount. | 1911 |
(F)(1) Notwithstanding any contrary provision of section | 1912 |
3719.21 of the Revised Code and except as provided in division (H) | 1913 |
of this section, the clerk of the court shall pay any mandatory | 1914 |
fine imposed pursuant to division (D)(1) of this section and any | 1915 |
fine other than a mandatory fine that is imposed for a violation | 1916 |
of this section pursuant to division (A) or (B)(5) of section | 1917 |
2929.18 of the Revised Code to the county, township, municipal | 1918 |
corporation, park district, as created pursuant to section 511.18 | 1919 |
or 1545.04 of the Revised Code, or state law enforcement agencies | 1920 |
in this state that primarily were responsible for or involved in | 1921 |
making the arrest of, and in prosecuting, the offender. However, | 1922 |
the clerk shall not pay a mandatory fine so imposed to a law | 1923 |
enforcement agency unless the agency has adopted a written | 1924 |
internal control policy under division (F)(2) of this section that | 1925 |
addresses the use of the fine moneys that it receives. Each agency | 1926 |
shall use the mandatory fines so paid to subsidize the agency's | 1927 |
law enforcement efforts that pertain to drug offenses, in | 1928 |
accordance with the written internal control policy adopted by the | 1929 |
recipient agency under division (F)(2) of this section. | 1930 |
(2)(a) Prior to receiving any fine moneys under division | 1931 |
(F)(1) of this section or division (B) of section 2925.42 of the | 1932 |
Revised Code, a law enforcement agency shall adopt a written | 1933 |
internal control policy that addresses the agency's use and | 1934 |
disposition of all fine moneys so received and that provides for | 1935 |
the keeping of detailed financial records of the receipts of those | 1936 |
fine moneys, the general types of expenditures made out of those | 1937 |
fine moneys, and the specific amount of each general type of | 1938 |
expenditure. The policy shall not provide for or permit the | 1939 |
identification of any specific expenditure that is made in an | 1940 |
ongoing investigation. All financial records of the receipts of | 1941 |
those fine moneys, the general types of expenditures made out of | 1942 |
those fine moneys, and the specific amount of each general type of | 1943 |
expenditure by an agency are public records open for inspection | 1944 |
under section 149.43 of the Revised Code. Additionally, a written | 1945 |
internal control policy adopted under this division is such a | 1946 |
public record, and the agency that adopted it shall comply with | 1947 |
it. | 1948 |
(b) Each law enforcement agency that receives in any calendar | 1949 |
year any fine moneys under division (F)(1) of this section or | 1950 |
division (B) of section 2925.42 of the Revised Code shall prepare | 1951 |
a report covering the calendar year that cumulates all of the | 1952 |
information contained in all of the public financial records kept | 1953 |
by the agency pursuant to division (F)(2)(a) of this section for | 1954 |
that calendar year, and shall send a copy of the cumulative | 1955 |
report, no later than the first day of March in the calendar year | 1956 |
following the calendar year covered by the report, to the attorney | 1957 |
general. Each report received by the attorney general is a public | 1958 |
record open for inspection under section 149.43 of the Revised | 1959 |
Code. Not later than the fifteenth day of April in the calendar | 1960 |
year in which the reports are received, the attorney general shall | 1961 |
send to the president of the senate and the speaker of the house | 1962 |
of representatives a written notification that does all of the | 1963 |
following: | 1964 |
(i) Indicates that the attorney general has received from law | 1965 |
enforcement agencies reports of the type described in this | 1966 |
division that cover the previous calendar year and indicates that | 1967 |
the reports were received under this division; | 1968 |
(ii) Indicates that the reports are open for inspection under | 1969 |
section 149.43 of the Revised Code; | 1970 |
(iii) Indicates that the attorney general will provide a copy | 1971 |
of any or all of the reports to the president of the senate or the | 1972 |
speaker of the house of representatives upon request. | 1973 |
(3) As used in division (F) of this section: | 1974 |
(a) "Law enforcement agencies" includes, but is not limited | 1975 |
to, the state board of pharmacy and the office of a prosecutor. | 1976 |
(b) "Prosecutor" has the same meaning as in section 2935.01 | 1977 |
of the Revised Code. | 1978 |
(G) When required under division (D)(2) of this section or | 1979 |
any other provision of this chapter, the court shall suspend for | 1980 |
not less than six months or more than five years the driver's or | 1981 |
commercial driver's license or permit of any person who is | 1982 |
convicted of or pleads guilty to any violation of this section or | 1983 |
any other specified provision of this chapter. If an offender's | 1984 |
driver's or commercial driver's license or permit is suspended | 1985 |
pursuant to this division, the offender, at any time after the | 1986 |
expiration of two years from the day on which the offender's | 1987 |
sentence was imposed or from the day on which the offender finally | 1988 |
was released from a prison term under the sentence, whichever is | 1989 |
later, may file a motion with the sentencing court requesting | 1990 |
termination of the suspension; upon the filing of such a motion | 1991 |
and the court's finding of good cause for the termination, the | 1992 |
court may terminate the suspension. | 1993 |
(H)(1) In addition to any prison term authorized or required | 1994 |
by division (C) of this section and sections 2929.13 and 2929.14 | 1995 |
of the Revised Code, in addition to any other penalty or sanction | 1996 |
imposed for the offense under this section or sections 2929.11 to | 1997 |
2929.18 of the Revised Code, and in addition to the forfeiture of | 1998 |
property in connection with the offense as prescribed in Chapter | 1999 |
2981. of the Revised Code, the court that sentences an offender | 2000 |
who is convicted of or pleads guilty to a violation of division | 2001 |
(A) of this section may impose upon the offender an additional | 2002 |
fine specified for the offense in division (B)(4) of section | 2003 |
2929.18 of the Revised Code. A fine imposed under division (H)(1) | 2004 |
of this section is not subject to division (F) of this section and | 2005 |
shall be used solely for the support of one or more eligible | 2006 |
alcohol and drug addiction programs in accordance with divisions | 2007 |
(H)(2) and (3) of this section. | 2008 |
(2) The court that imposes a fine under division (H)(1) of | 2009 |
this section shall specify in the judgment that imposes the fine | 2010 |
one or more eligible alcohol and drug addiction programs for the | 2011 |
support of which the fine money is to be used. No alcohol and drug | 2012 |
addiction program shall receive or use money paid or collected in | 2013 |
satisfaction of a fine imposed under division (H)(1) of this | 2014 |
section unless the program is specified in the judgment that | 2015 |
imposes the fine. No alcohol and drug addiction program shall be | 2016 |
specified in the judgment unless the program is an eligible | 2017 |
alcohol and drug addiction program and, except as otherwise | 2018 |
provided in division (H)(2) of this section, unless the program is | 2019 |
located in the county in which the court that imposes the fine is | 2020 |
located or in a county that is immediately contiguous to the | 2021 |
county in which that court is located. If no eligible alcohol and | 2022 |
drug addiction program is located in any of those counties, the | 2023 |
judgment may specify an eligible alcohol and drug addiction | 2024 |
program that is located anywhere within this state. | 2025 |
(3) Notwithstanding any contrary provision of section 3719.21 | 2026 |
of the Revised Code, the clerk of the court shall pay any fine | 2027 |
imposed under division (H)(1) of this section to the eligible | 2028 |
alcohol and drug addiction program specified pursuant to division | 2029 |
(H)(2) of this section in the judgment. The eligible alcohol and | 2030 |
drug addiction program that receives the fine moneys shall use the | 2031 |
moneys only for the alcohol and drug addiction services identified | 2032 |
in the application for certification under section 3793.06 of the | 2033 |
Revised Code or in the application for a license under section | 2034 |
3793.11 of the Revised Code filed with the department of alcohol | 2035 |
and drug addiction services by the alcohol and drug addiction | 2036 |
program specified in the judgment. | 2037 |
(4) Each alcohol and drug addiction program that receives in | 2038 |
a calendar year any fine moneys under division (H)(3) of this | 2039 |
section shall file an annual report covering that calendar year | 2040 |
with the court of common pleas and the board of county | 2041 |
commissioners of the county in which the program is located, with | 2042 |
the court of common pleas and the board of county commissioners of | 2043 |
each county from which the program received the moneys if that | 2044 |
county is different from the county in which the program is | 2045 |
located, and with the attorney general. The alcohol and drug | 2046 |
addiction program shall file the report no later than the first | 2047 |
day of March in the calendar year following the calendar year in | 2048 |
which the program received the fine moneys. The report shall | 2049 |
include statistics on the number of persons served by the alcohol | 2050 |
and drug addiction program, identify the types of alcohol and drug | 2051 |
addiction services provided to those persons, and include a | 2052 |
specific accounting of the purposes for which the fine moneys | 2053 |
received were used. No information contained in the report shall | 2054 |
identify, or enable a person to determine the identity of, any | 2055 |
person served by the alcohol and drug addiction program. Each | 2056 |
report received by a court of common pleas, a board of county | 2057 |
commissioners, or the attorney general is a public record open for | 2058 |
inspection under section 149.43 of the Revised Code. | 2059 |
(5) As used in divisions (H)(1) to (5) of this section: | 2060 |
(a) "Alcohol and drug addiction program" and "alcohol and | 2061 |
drug addiction services" have the same meanings as in section | 2062 |
3793.01 of the Revised Code. | 2063 |
(b) "Eligible alcohol and drug addiction program" means an | 2064 |
alcohol and drug addiction program that is certified under section | 2065 |
3793.06 of the Revised Code or licensed under section 3793.11 of | 2066 |
the Revised Code by the department of alcohol and drug addiction | 2067 |
services. | 2068 |
(I) As used in this section, "drug" includes any substance | 2069 |
that is represented to be a drug. | 2070 |
Sec. 2925.04. (A) No person shall knowingly cultivate | 2071 |
marihuana or knowingly manufacture or otherwise engage in any part | 2072 |
of the production of a controlled substance. | 2073 |
(B) This section does not apply to any person listed in | 2074 |
division (B)(1), (2), or (3) of section 2925.03 of the Revised | 2075 |
Code to the extent and under the circumstances described in those | 2076 |
divisions. | 2077 |
(C)(1) Whoever commits a violation of division (A) of this | 2078 |
section that involves any drug other than marihuana is guilty of | 2079 |
illegal manufacture of drugs, and whoever commits a violation of | 2080 |
division (A) of this section that involves marihuana is guilty of | 2081 |
illegal cultivation of marihuana. | 2082 |
(2) Except as otherwise provided in this division, if the | 2083 |
drug involved in the violation of division (A) of this section is | 2084 |
any compound, mixture, preparation, or substance included in | 2085 |
schedule I or II, with the exception of methamphetamine or | 2086 |
marihuana, illegal manufacture of drugs is a felony of the second | 2087 |
degree, and, subject to division (E) of this section, the court | 2088 |
shall impose as a mandatory prison term one of the prison terms | 2089 |
prescribed for a felony of the second degree. | 2090 |
If the drug involved in the violation is any compound, | 2091 |
mixture, preparation, or substance included in schedule I or II, | 2092 |
with the exception of methamphetamine or marihuana, and if the | 2093 |
offense was committed in the vicinity of a juvenile or in the | 2094 |
vicinity of a school, illegal manufacture of drugs is a felony of | 2095 |
the first degree, and, subject to division (E) of this section, | 2096 |
the court shall impose as a mandatory prison term one of the | 2097 |
prison terms prescribed for a felony of the first degree. | 2098 |
(3) If the drug involved in the violation of division (A) of | 2099 |
this section is methamphetamine, the penalty for the violation | 2100 |
shall be determined as follows: | 2101 |
(a) Except as otherwise provided in division (C)(3)(b) of | 2102 |
this section, if the drug involved in the violation is | 2103 |
methamphetamine, illegal manufacture of drugs is a felony of the | 2104 |
second degree, and, subject to division (E) of this section, the | 2105 |
court shall impose a mandatory prison term on the offender | 2106 |
determined in accordance with this division. Except as otherwise | 2107 |
provided in this division, the court shall impose as a mandatory | 2108 |
prison term one of the prison terms prescribed for a felony of the | 2109 |
second degree that is not less than three years. If the offender | 2110 |
previously has been convicted of or pleaded guilty to a violation | 2111 |
of division (A) of this section, a violation of division (B)(6) of | 2112 |
section 2919.22 of the Revised Code, or a violation of division | 2113 |
(A) of section 2925.041 of the Revised Code, the court shall | 2114 |
impose as a mandatory prison term one of the prison terms | 2115 |
prescribed for a felony of the second degree that is not less than | 2116 |
five years. | 2117 |
(b) If the drug involved in the violation is methamphetamine | 2118 |
and if the offense was committed in the vicinity of a juvenile, in | 2119 |
the vicinity of a school, or on public premises, illegal | 2120 |
manufacture of drugs is a felony of the first degree, and, subject | 2121 |
to division (E) of this section, the court shall impose a | 2122 |
mandatory prison term on the offender determined in accordance | 2123 |
with this division. Except as otherwise provided in this division, | 2124 |
the court shall impose as a mandatory prison term one of the | 2125 |
prison terms prescribed for a felony of the first degree that is | 2126 |
not less than four years. If the offender previously has been | 2127 |
convicted of or pleaded guilty to a violation of division (A) of | 2128 |
this section, a violation of division (B)(6) of section 2919.22 of | 2129 |
the Revised Code, or a violation of division (A) of section | 2130 |
2925.041 of the Revised Code, the court shall impose as a | 2131 |
mandatory prison term one of the prison terms prescribed for a | 2132 |
felony of the first degree that is not less than five years. | 2133 |
(4) If the drug involved in the violation of division (A) of | 2134 |
this section is any compound, mixture, preparation, or substance | 2135 |
included in schedule III, IV, or V, illegal manufacture of drugs | 2136 |
is a felony of the third degree or, if the offense was committed | 2137 |
in the vicinity of a school or in the vicinity of a juvenile, a | 2138 |
felony of the second degree, and there is a presumption for a | 2139 |
prison term for the offense. | 2140 |
(5) If the drug involved in the violation is marihuana, the | 2141 |
penalty for the offense shall be determined as follows: | 2142 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 2143 |
(d), (e), or (f) of this section, illegal cultivation of marihuana | 2144 |
is a minor misdemeanor or, if the offense was committed in the | 2145 |
vicinity of a school or in the vicinity of a juvenile, a | 2146 |
misdemeanor of the fourth degree. | 2147 |
(b) If the amount of marihuana involved equals or exceeds one | 2148 |
hundred grams but is less than two hundred grams, illegal | 2149 |
cultivation of marihuana is a misdemeanor of the fourth degree or, | 2150 |
if the offense was committed in the vicinity of a school or in the | 2151 |
vicinity of a juvenile, a misdemeanor of the third degree. | 2152 |
(c) If the amount of marihuana involved equals or exceeds two | 2153 |
hundred grams but is less than one thousand grams, illegal | 2154 |
cultivation of marihuana is a felony of the fifth degree or, if | 2155 |
the offense was committed in the vicinity of a school or in the | 2156 |
vicinity of a juvenile, a felony of the fourth degree, and | 2157 |
division (B) of section 2929.13 of the Revised Code applies in | 2158 |
determining whether to impose a prison term on the offender. | 2159 |
(d) If the amount of marihuana involved equals or exceeds one | 2160 |
thousand grams but is less than five thousand grams, illegal | 2161 |
cultivation of marihuana is a felony of the third degree or, if | 2162 |
the offense was committed in the vicinity of a school or in the | 2163 |
vicinity of a juvenile, a felony of the second degree, and | 2164 |
division (C) of section 2929.13 of the Revised Code applies in | 2165 |
determining whether to impose a prison term on the offender. | 2166 |
(e) If the amount of marihuana involved equals or exceeds | 2167 |
five thousand grams but is less than twenty thousand grams, | 2168 |
illegal cultivation of marihuana is a felony of the third degree | 2169 |
or, if the offense was committed in the vicinity of a school or in | 2170 |
the vicinity of a juvenile, a felony of the second degree, and | 2171 |
there is a presumption for a prison term for the offense. | 2172 |
(f) Except as otherwise provided in this division, if the | 2173 |
amount of marihuana involved equals or exceeds twenty thousand | 2174 |
grams, illegal cultivation of marihuana is a felony of the second | 2175 |
degree, and the court shall impose as a mandatory prison term the | 2176 |
maximum prison term prescribed for a felony of the second degree. | 2177 |
If the amount of the drug involved equals or exceeds twenty | 2178 |
thousand grams and if the offense was committed in the vicinity of | 2179 |
a school or in the vicinity of a juvenile, illegal cultivation of | 2180 |
marihuana is a felony of the first degree, and the court shall | 2181 |
impose as a mandatory prison term the maximum prison term | 2182 |
prescribed for a felony of the first degree. | 2183 |
(D) In addition to any prison term authorized or required by | 2184 |
division (C) or (E) of this section and sections 2929.13 and | 2185 |
2929.14 of the Revised Code and in addition to any other sanction | 2186 |
imposed for the offense under this section or sections 2929.11 to | 2187 |
2929.18 of the Revised Code, the court that sentences an offender | 2188 |
who is convicted of or pleads guilty to a violation of division | 2189 |
(A) of this section shall do all of the following that are | 2190 |
applicable regarding the offender: | 2191 |
(1) If the violation of division (A) of this section is a | 2192 |
felony of the first, second, or third degree, the court shall | 2193 |
impose upon the offender the mandatory fine specified for the | 2194 |
offense under division (B)(1) of section 2929.18 of the Revised | 2195 |
Code unless, as specified in that division, the court determines | 2196 |
that the offender is indigent. The clerk of the court shall pay a | 2197 |
mandatory fine or other fine imposed for a violation of this | 2198 |
section pursuant to division (A) of section 2929.18 of the Revised | 2199 |
Code in accordance with and subject to the requirements of | 2200 |
division (F) of section 2925.03 of the Revised Code. The agency | 2201 |
that receives the fine shall use the fine as specified in division | 2202 |
(F) of section 2925.03 of the Revised Code. If a person is charged | 2203 |
with a violation of this section that is a felony of the first, | 2204 |
second, or third degree, posts bail, and forfeits the bail, the | 2205 |
clerk shall pay the forfeited bail as if the forfeited bail were a | 2206 |
fine imposed for a violation of this section. | 2207 |
(2) The court shall suspend the offender's driver's or | 2208 |
commercial driver's license or permit in accordance with division | 2209 |
(G) of section 2925.03 of the Revised Code. If an offender's | 2210 |
driver's or commercial driver's license or permit is suspended in | 2211 |
accordance with that division, the offender may request | 2212 |
termination of, and the court may terminate, the suspension in | 2213 |
accordance with that division. | 2214 |
(3) If the offender is a professionally licensed person, the | 2215 |
court immediately shall comply with section 2925.38 of the Revised | 2216 |
Code. | 2217 |
(E) Notwithstanding the prison term otherwise authorized or | 2218 |
required for the offense under division (C) of this section and | 2219 |
sections 2929.13 and 2929.14 of the Revised Code, if the violation | 2220 |
of division (A) of this section involves the sale, offer to sell, | 2221 |
or possession of a schedule I or II controlled substance, with the | 2222 |
exception of marihuana, and if the court imposing sentence upon | 2223 |
the offender finds that the offender as a result of the violation | 2224 |
is a major drug offender and is guilty of a specification of the | 2225 |
type described in section 2941.1410 of the Revised Code, the | 2226 |
court, in lieu of the prison term otherwise authorized or | 2227 |
required, shall impose upon the offender the mandatory prison term | 2228 |
specified in division (B)(3) | 2229 |
Code. | 2230 |
(F) It is an affirmative defense, as provided in section | 2231 |
2901.05 of the Revised Code, to a charge under this section for a | 2232 |
fifth degree felony violation of illegal cultivation of marihuana | 2233 |
that the marihuana that gave rise to the charge is in an amount, | 2234 |
is in a form, is prepared, compounded, or mixed with substances | 2235 |
that are not controlled substances in a manner, or is possessed or | 2236 |
cultivated under any other circumstances that indicate that the | 2237 |
marihuana was solely for personal use. | 2238 |
Notwithstanding any contrary provision of division (F) of | 2239 |
this section, if, in accordance with section 2901.05 of the | 2240 |
Revised Code, a person who is charged with a violation of illegal | 2241 |
cultivation of marihuana that is a felony of the fifth degree | 2242 |
sustains the burden of going forward with evidence of and | 2243 |
establishes by a preponderance of the evidence the affirmative | 2244 |
defense described in this division, the person may be prosecuted | 2245 |
for and may be convicted of or plead guilty to a misdemeanor | 2246 |
violation of illegal cultivation of marihuana. | 2247 |
(G) Arrest or conviction for a minor misdemeanor violation of | 2248 |
this section does not constitute a criminal record and need not be | 2249 |
reported by the person so arrested or convicted in response to any | 2250 |
inquiries about the person's criminal record, including any | 2251 |
inquiries contained in an application for employment, a license, | 2252 |
or any other right or privilege or made in connection with the | 2253 |
person's appearance as a witness. | 2254 |
Sec. 2929.01. As used in this chapter: | 2255 |
(A)(1) "Alternative residential facility" means, subject to | 2256 |
division (A)(2) of this section, any facility other than an | 2257 |
offender's home or residence in which an offender is assigned to | 2258 |
live and that satisfies all of the following criteria: | 2259 |
(a) It provides programs through which the offender may seek | 2260 |
or maintain employment or may receive education, training, | 2261 |
treatment, or habilitation. | 2262 |
(b) It has received the appropriate license or certificate | 2263 |
for any specialized education, training, treatment, habilitation, | 2264 |
or other service that it provides from the government agency that | 2265 |
is responsible for licensing or certifying that type of education, | 2266 |
training, treatment, habilitation, or service. | 2267 |
(2) "Alternative residential facility" does not include a | 2268 |
community-based correctional facility, jail, halfway house, or | 2269 |
prison. | 2270 |
(B) "Basic probation supervision" means a requirement that | 2271 |
the offender maintain contact with a person appointed to supervise | 2272 |
the offender in accordance with sanctions imposed by the court or | 2273 |
imposed by the parole board pursuant to section 2967.28 of the | 2274 |
Revised Code. "Basic probation supervision" includes basic parole | 2275 |
supervision and basic post-release control supervision. | 2276 |
(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the | 2277 |
same meanings as in section 2925.01 of the Revised Code. | 2278 |
(D) "Community-based correctional facility" means a | 2279 |
community-based correctional facility and program or district | 2280 |
community-based correctional facility and program developed | 2281 |
pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 2282 |
(E) "Community control sanction" means a sanction that is not | 2283 |
a prison term and that is described in section 2929.15, 2929.16, | 2284 |
2929.17, or 2929.18 of the Revised Code or a sanction that is not | 2285 |
a jail term and that is described in section 2929.26, 2929.27, or | 2286 |
2929.28 of the Revised Code. "Community control sanction" includes | 2287 |
probation if the sentence involved was imposed for a felony that | 2288 |
was committed prior to July 1, 1996, or if the sentence involved | 2289 |
was imposed for a misdemeanor that was committed prior to January | 2290 |
1, 2004. | 2291 |
(F) "Controlled substance," "marihuana," "schedule I," and | 2292 |
"schedule II" have the same meanings as in section 3719.01 of the | 2293 |
Revised Code. | 2294 |
(G) "Curfew" means a requirement that an offender during a | 2295 |
specified period of time be at a designated place. | 2296 |
(H) "Day reporting" means a sanction pursuant to which an | 2297 |
offender is required each day to report to and leave a center or | 2298 |
other approved reporting location at specified times in order to | 2299 |
participate in work, education or training, treatment, and other | 2300 |
approved programs at the center or outside the center. | 2301 |
(I) "Deadly weapon" has the same meaning as in section | 2302 |
2923.11 of the Revised Code. | 2303 |
(J) "Drug and alcohol use monitoring" means a program under | 2304 |
which an offender agrees to submit to random chemical analysis of | 2305 |
the offender's blood, breath, or urine to determine whether the | 2306 |
offender has ingested any alcohol or other drugs. | 2307 |
(K) "Drug treatment program" means any program under which a | 2308 |
person undergoes assessment and treatment designed to reduce or | 2309 |
completely eliminate the person's physical or emotional reliance | 2310 |
upon alcohol, another drug, or alcohol and another drug and under | 2311 |
which the person may be required to receive assessment and | 2312 |
treatment on an outpatient basis or may be required to reside at a | 2313 |
facility other than the person's home or residence while | 2314 |
undergoing assessment and treatment. | 2315 |
(L) "Economic loss" means any economic detriment suffered by | 2316 |
a victim as a direct and proximate result of the commission of an | 2317 |
offense and includes any loss of income due to lost time at work | 2318 |
because of any injury caused to the victim, and any property loss, | 2319 |
medical cost, or funeral expense incurred as a result of the | 2320 |
commission of the offense. "Economic loss" does not include | 2321 |
non-economic loss or any punitive or exemplary damages. | 2322 |
(M) "Education or training" includes study at, or in | 2323 |
conjunction with a program offered by, a university, college, or | 2324 |
technical college or vocational study and also includes the | 2325 |
completion of primary school, secondary school, and literacy | 2326 |
curricula or their equivalent. | 2327 |
(N) "Firearm" has the same meaning as in section 2923.11 of | 2328 |
the Revised Code. | 2329 |
(O) "Halfway house" means a facility licensed by the division | 2330 |
of parole and community services of the department of | 2331 |
rehabilitation and correction pursuant to section 2967.14 of the | 2332 |
Revised Code as a suitable facility for the care and treatment of | 2333 |
adult offenders. | 2334 |
(P) "House arrest" means a period of confinement of an | 2335 |
offender that is in the offender's home or in other premises | 2336 |
specified by the sentencing court or by the parole board pursuant | 2337 |
to section 2967.28 of the Revised Code and during which all of the | 2338 |
following apply: | 2339 |
(1) The offender is required to remain in the offender's home | 2340 |
or other specified premises for the specified period of | 2341 |
confinement, except for periods of time during which the offender | 2342 |
is at the offender's place of employment or at other premises as | 2343 |
authorized by the sentencing court or by the parole board. | 2344 |
(2) The offender is required to report periodically to a | 2345 |
person designated by the court or parole board. | 2346 |
(3) The offender is subject to any other restrictions and | 2347 |
requirements that may be imposed by the sentencing court or by the | 2348 |
parole board. | 2349 |
(Q) "Intensive probation supervision" means a requirement | 2350 |
that an offender maintain frequent contact with a person appointed | 2351 |
by the court, or by the parole board pursuant to section 2967.28 | 2352 |
of the Revised Code, to supervise the offender while the offender | 2353 |
is seeking or maintaining necessary employment and participating | 2354 |
in training, education, and treatment programs as required in the | 2355 |
court's or parole board's order. "Intensive probation supervision" | 2356 |
includes intensive parole supervision and intensive post-release | 2357 |
control supervision. | 2358 |
(R) "Jail" means a jail, workhouse, minimum security jail, or | 2359 |
other residential facility used for the confinement of alleged or | 2360 |
convicted offenders that is operated by a political subdivision or | 2361 |
a combination of political subdivisions of this state. | 2362 |
(S) "Jail term" means the term in a jail that a sentencing | 2363 |
court imposes or is authorized to impose pursuant to section | 2364 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 2365 |
provision of the Revised Code that authorizes a term in a jail for | 2366 |
a misdemeanor conviction. | 2367 |
(T) "Mandatory jail term" means the term in a jail that a | 2368 |
sentencing court is required to impose pursuant to division (G) of | 2369 |
section 1547.99 of the Revised Code, division (E) of section | 2370 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 2371 |
division (E) or (G) of section 2929.24 of the Revised Code, | 2372 |
division (B) of section 4510.14 of the Revised Code, or division | 2373 |
(G) of section 4511.19 of the Revised Code or pursuant to any | 2374 |
other provision of the Revised Code that requires a term in a jail | 2375 |
for a misdemeanor conviction. | 2376 |
(U) "Delinquent child" has the same meaning as in section | 2377 |
2152.02 of the Revised Code. | 2378 |
(V) "License violation report" means a report that is made by | 2379 |
a sentencing court, or by the parole board pursuant to section | 2380 |
2967.28 of the Revised Code, to the regulatory or licensing board | 2381 |
or agency that issued an offender a professional license or a | 2382 |
license or permit to do business in this state and that specifies | 2383 |
that the offender has been convicted of or pleaded guilty to an | 2384 |
offense that may violate the conditions under which the offender's | 2385 |
professional license or license or permit to do business in this | 2386 |
state was granted or an offense for which the offender's | 2387 |
professional license or license or permit to do business in this | 2388 |
state may be revoked or suspended. | 2389 |
(W) "Major drug offender" means an offender who is convicted | 2390 |
of or pleads guilty to the possession of, sale of, or offer to | 2391 |
sell any drug, compound, mixture, preparation, or substance that | 2392 |
consists of or contains at least one thousand grams of hashish; at | 2393 |
least one hundred grams of cocaine; at least two thousand five | 2394 |
hundred unit doses or two hundred fifty grams of heroin; at least | 2395 |
five thousand unit doses of L.S.D. or five hundred grams of L.S.D. | 2396 |
in a liquid concentrate, liquid extract, or liquid distillate | 2397 |
form; or at least one hundred times the amount of any other | 2398 |
schedule I or II controlled substance other than marihuana that is | 2399 |
necessary to commit a felony of the third degree pursuant to | 2400 |
section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code | 2401 |
that is based on the possession of, sale of, or offer to sell the | 2402 |
controlled substance. | 2403 |
(X) "Mandatory prison term" means any of the following: | 2404 |
(1) Subject to division (X)(2) of this section, the term in | 2405 |
prison that must be imposed for the offenses or circumstances set | 2406 |
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section | 2407 |
2929.13 and division (B) of section 2929.14 of the Revised Code. | 2408 |
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 2409 |
and 2925.11 of the Revised Code, unless the maximum or another | 2410 |
specific term is required under section 2929.14 or 2929.142 of the | 2411 |
Revised Code, a mandatory prison term described in this division | 2412 |
may be any prison term authorized for the level of offense. | 2413 |
(2) The term of sixty or one hundred twenty days in prison | 2414 |
that a sentencing court is required to impose for a third or | 2415 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 2416 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 2417 |
of the Revised Code or the term of one, two, three, four, or five | 2418 |
years in prison that a sentencing court is required to impose | 2419 |
pursuant to division (G)(2) of section 2929.13 of the Revised | 2420 |
Code. | 2421 |
(3) The term in prison imposed pursuant to division (A) of | 2422 |
section 2971.03 of the Revised Code for the offenses and in the | 2423 |
circumstances described in division (F)(11) of section 2929.13 of | 2424 |
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), | 2425 |
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section | 2426 |
2971.03 of the Revised Code and that term as modified or | 2427 |
terminated pursuant to section 2971.05 of the Revised Code. | 2428 |
(Y) "Monitored time" means a period of time during which an | 2429 |
offender continues to be under the control of the sentencing court | 2430 |
or parole board, subject to no conditions other than leading a | 2431 |
law-abiding life. | 2432 |
(Z) "Offender" means a person who, in this state, is | 2433 |
convicted of or pleads guilty to a felony or a misdemeanor. | 2434 |
(AA) "Prison" means a residential facility used for the | 2435 |
confinement of convicted felony offenders that is under the | 2436 |
control of the department of rehabilitation and correction but | 2437 |
does not include a violation sanction center operated under | 2438 |
authority of section 2967.141 of the Revised Code. | 2439 |
(BB) "Prison term" includes either of the following sanctions | 2440 |
for an offender: | 2441 |
(1) A stated prison term; | 2442 |
(2) A term in a prison shortened by, or with the approval of, | 2443 |
the sentencing court pursuant to section 2929.143, 2929.20, | 2444 |
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code. | 2445 |
(CC) "Repeat violent offender" means a person about whom both | 2446 |
of the following apply: | 2447 |
(1) The person is being sentenced for committing or for | 2448 |
complicity in committing any of the following: | 2449 |
(a) Aggravated murder, murder, any felony of the first or | 2450 |
second degree that is an offense of violence, or an attempt to | 2451 |
commit any of these offenses if the attempt is a felony of the | 2452 |
first or second degree; | 2453 |
(b) An offense under an existing or former law of this state, | 2454 |
another state, or the United States that is or was substantially | 2455 |
equivalent to an offense described in division (CC)(1)(a) of this | 2456 |
section. | 2457 |
(2) The person previously was convicted of or pleaded guilty | 2458 |
to an offense described in division (CC)(1)(a) or (b) of this | 2459 |
section. | 2460 |
(DD) "Sanction" means any penalty imposed upon an offender | 2461 |
who is convicted of or pleads guilty to an offense, as punishment | 2462 |
for the offense. "Sanction" includes any sanction imposed pursuant | 2463 |
to any provision of sections 2929.14 to 2929.18 or 2929.24 to | 2464 |
2929.28 of the Revised Code. | 2465 |
(EE) "Sentence" means the sanction or combination of | 2466 |
sanctions imposed by the sentencing court on an offender who is | 2467 |
convicted of or pleads guilty to an offense. | 2468 |
(FF) "Stated prison term" means the prison term, mandatory | 2469 |
prison term, or combination of all prison terms and mandatory | 2470 |
prison terms imposed by the sentencing court pursuant to section | 2471 |
2929.14, 2929.142, or 2971.03 of the Revised Code or under section | 2472 |
2919.25 of the Revised Code. "Stated prison term" includes any | 2473 |
credit received by the offender for time spent in jail awaiting | 2474 |
trial, sentencing, or transfer to prison for the offense and any | 2475 |
time spent under house arrest or house arrest with electronic | 2476 |
monitoring imposed after earning credits pursuant to section | 2477 |
2967.193 of the Revised Code. If an offender is serving a prison | 2478 |
term as a risk reduction sentence under sections 2929.143 and | 2479 |
5120.036 of the Revised Code, "stated prison term" includes any | 2480 |
period of time by which the prison term imposed upon the offender | 2481 |
is shortened by the offender's successful completion of all | 2482 |
assessment and treatment or programming pursuant to those | 2483 |
sections. | 2484 |
(GG) "Victim-offender mediation" means a reconciliation or | 2485 |
mediation program that involves an offender and the victim of the | 2486 |
offense committed by the offender and that includes a meeting in | 2487 |
which the offender and the victim may discuss the offense, discuss | 2488 |
restitution, and consider other sanctions for the offense. | 2489 |
(HH) "Fourth degree felony OVI offense" means a violation of | 2490 |
division (A) of section 4511.19 of the Revised Code that, under | 2491 |
division (G) of that section, is a felony of the fourth degree. | 2492 |
(II) "Mandatory term of local incarceration" means the term | 2493 |
of sixty or one hundred twenty days in a jail, a community-based | 2494 |
correctional facility, a halfway house, or an alternative | 2495 |
residential facility that a sentencing court may impose upon a | 2496 |
person who is convicted of or pleads guilty to a fourth degree | 2497 |
felony OVI offense pursuant to division (G)(1) of section 2929.13 | 2498 |
of the Revised Code and division (G)(1)(d) or (e) of section | 2499 |
4511.19 of the Revised Code. | 2500 |
(JJ) "Designated homicide, assault, or kidnapping offense," | 2501 |
"violent sex offense," "sexual motivation specification," | 2502 |
"sexually violent offense," "sexually violent predator," and | 2503 |
"sexually violent predator specification" have the same meanings | 2504 |
as in section 2971.01 of the Revised Code. | 2505 |
(KK) "Sexually oriented offense," "child-victim oriented | 2506 |
offense," and "tier III sex offender/child-victim offender | 2507 |
the same meanings as in section 2950.01 of the Revised Code. | 2508 |
(LL) An offense is "committed in the vicinity of a child" if | 2509 |
the offender commits the offense within thirty feet of or within | 2510 |
the same residential unit as a child who is under eighteen years | 2511 |
of age, regardless of whether the offender knows the age of the | 2512 |
child or whether the offender knows the offense is being committed | 2513 |
within thirty feet of or within the same residential unit as the | 2514 |
child and regardless of whether the child actually views the | 2515 |
commission of the offense. | 2516 |
(MM) "Family or household member" has the same meaning as in | 2517 |
section 2919.25 of the Revised Code. | 2518 |
(NN) "Motor vehicle" and "manufactured home" have the same | 2519 |
meanings as in section 4501.01 of the Revised Code. | 2520 |
(OO) "Detention" and "detention facility" have the same | 2521 |
meanings as in section 2921.01 of the Revised Code. | 2522 |
(PP) "Third degree felony OVI offense" means a violation of | 2523 |
division (A) of section 4511.19 of the Revised Code that, under | 2524 |
division (G) of that section, is a felony of the third degree. | 2525 |
(QQ) "Random drug testing" has the same meaning as in section | 2526 |
5120.63 of the Revised Code. | 2527 |
(RR) "Felony sex offense" has the same meaning as in section | 2528 |
2967.28 of the Revised Code. | 2529 |
(SS) "Body armor" has the same meaning as in section | 2530 |
2941.1411 of the Revised Code. | 2531 |
(TT) "Electronic monitoring" means monitoring through the use | 2532 |
of an electronic monitoring device. | 2533 |
(UU) "Electronic monitoring device" means any of the | 2534 |
following: | 2535 |
(1) Any device that can be operated by electrical or battery | 2536 |
power and that conforms with all of the following: | 2537 |
(a) The device has a transmitter that can be attached to a | 2538 |
person, that will transmit a specified signal to a receiver of the | 2539 |
type described in division (UU)(1)(b) of this section if the | 2540 |
transmitter is removed from the person, turned off, or altered in | 2541 |
any manner without prior court approval in relation to electronic | 2542 |
monitoring or without prior approval of the department of | 2543 |
rehabilitation and correction in relation to the use of an | 2544 |
electronic monitoring device for an inmate on transitional control | 2545 |
or otherwise is tampered with, that can transmit continuously and | 2546 |
periodically a signal to that receiver when the person is within a | 2547 |
specified distance from the receiver, and that can transmit an | 2548 |
appropriate signal to that receiver if the person to whom it is | 2549 |
attached travels a specified distance from that receiver. | 2550 |
(b) The device has a receiver that can receive continuously | 2551 |
the signals transmitted by a transmitter of the type described in | 2552 |
division (UU)(1)(a) of this section, can transmit continuously | 2553 |
those signals by a wireless or landline telephone connection to a | 2554 |
central monitoring computer of the type described in division | 2555 |
(UU)(1)(c) of this section, and can transmit continuously an | 2556 |
appropriate signal to that central monitoring computer if the | 2557 |
device has been turned off or altered without prior court approval | 2558 |
or otherwise tampered with. The device is designed specifically | 2559 |
for use in electronic monitoring, is not a converted wireless | 2560 |
phone or another tracking device that is clearly not designed for | 2561 |
electronic monitoring, and provides a means of text-based or voice | 2562 |
communication with the person. | 2563 |
(c) The device has a central monitoring computer that can | 2564 |
receive continuously the signals transmitted by a wireless or | 2565 |
landline telephone connection by a receiver of the type described | 2566 |
in division (UU)(1)(b) of this section and can monitor | 2567 |
continuously the person to whom an electronic monitoring device of | 2568 |
the type described in division (UU)(1)(a) of this section is | 2569 |
attached. | 2570 |
(2) Any device that is not a device of the type described in | 2571 |
division (UU)(1) of this section and that conforms with all of the | 2572 |
following: | 2573 |
(a) The device includes a transmitter and receiver that can | 2574 |
monitor and determine the location of a subject person at any | 2575 |
time, or at a designated point in time, through the use of a | 2576 |
central monitoring computer or through other electronic means. | 2577 |
(b) The device includes a transmitter and receiver that can | 2578 |
determine at any time, or at a designated point in time, through | 2579 |
the use of a central monitoring computer or other electronic means | 2580 |
the fact that the transmitter is turned off or altered in any | 2581 |
manner without prior approval of the court in relation to the | 2582 |
electronic monitoring or without prior approval of the department | 2583 |
of rehabilitation and correction in relation to the use of an | 2584 |
electronic monitoring device for an inmate on transitional control | 2585 |
or otherwise is tampered with. | 2586 |
(3) Any type of technology that can adequately track or | 2587 |
determine the location of a subject person at any time and that is | 2588 |
approved by the director of rehabilitation and correction, | 2589 |
including, but not limited to, any satellite technology, voice | 2590 |
tracking system, or retinal scanning system that is so approved. | 2591 |
(VV) "Non-economic loss" means nonpecuniary harm suffered by | 2592 |
a victim of an offense as a result of or related to the commission | 2593 |
of the offense, including, but not limited to, pain and suffering; | 2594 |
loss of society, consortium, companionship, care, assistance, | 2595 |
attention, protection, advice, guidance, counsel, instruction, | 2596 |
training, or education; mental anguish; and any other intangible | 2597 |
loss. | 2598 |
(WW) "Prosecutor" has the same meaning as in section 2935.01 | 2599 |
of the Revised Code. | 2600 |
(XX) "Continuous alcohol monitoring" means the ability to | 2601 |
automatically test and periodically transmit alcohol consumption | 2602 |
levels and tamper attempts at least every hour, regardless of the | 2603 |
location of the person who is being monitored. | 2604 |
(YY) A person is "adjudicated a sexually violent predator" if | 2605 |
the person is convicted of or pleads guilty to a violent sex | 2606 |
offense and also is convicted of or pleads guilty to a sexually | 2607 |
violent predator specification that was included in the | 2608 |
indictment, count in the indictment, or information charging that | 2609 |
violent sex offense or if the person is convicted of or pleads | 2610 |
guilty to a designated homicide, assault, or kidnapping offense | 2611 |
and also is convicted of or pleads guilty to both a sexual | 2612 |
motivation specification and a sexually violent predator | 2613 |
specification that were included in the indictment, count in the | 2614 |
indictment, or information charging that designated homicide, | 2615 |
assault, or kidnapping offense. | 2616 |
(ZZ) An offense is "committed in proximity to a school" if | 2617 |
the offender commits the offense in a school safety zone or within | 2618 |
five hundred feet of any school building or the boundaries of any | 2619 |
school premises, regardless of whether the offender knows the | 2620 |
offense is being committed in a school safety zone or within five | 2621 |
hundred feet of any school building or the boundaries of any | 2622 |
school premises. | 2623 |
(AAA) "Human trafficking" means a scheme or plan to which all | 2624 |
of the following apply: | 2625 |
(1) Its object is to subject a victim or victims to | 2626 |
involuntary servitude, as defined in section 2905.31 of the | 2627 |
Revised Code, to compel a victim or victims to engage in sexual | 2628 |
activity for hire, to engage in a performance that is obscene, | 2629 |
sexually oriented, or nudity oriented, or to be a model or | 2630 |
participant in the production of material that is obscene, | 2631 |
sexually oriented, or nudity oriented. | 2632 |
(2) It involves at least two felony offenses, whether or not | 2633 |
there has been a prior conviction for any of the felony offenses, | 2634 |
to which all of the following apply: | 2635 |
(a) Each of the felony offenses is a violation of section | 2636 |
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division | 2637 |
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), | 2638 |
(4), or (5) of section 2919.22 of the Revised Code or is a | 2639 |
violation of a law of any state other than this state that is | 2640 |
substantially similar to any of the sections or divisions of the | 2641 |
Revised Code identified in this division. | 2642 |
(b) At least one of the felony offenses was committed in this | 2643 |
state. | 2644 |
(c) The felony offenses are related to the same scheme or | 2645 |
plan and are not isolated instances. | 2646 |
(BBB) "Material," "nudity," "obscene," "performance," and | 2647 |
"sexual activity" have the same meanings as in section 2907.01 of | 2648 |
the Revised Code. | 2649 |
(CCC) "Material that is obscene, sexually oriented, or nudity | 2650 |
oriented" means any material that is obscene, that shows a person | 2651 |
participating or engaging in sexual activity, masturbation, or | 2652 |
bestiality, or that shows a person in a state of nudity. | 2653 |
(DDD) "Performance that is obscene, sexually oriented, or | 2654 |
nudity oriented" means any performance that is obscene, that shows | 2655 |
a person participating or engaging in sexual activity, | 2656 |
masturbation, or bestiality, or that shows a person in a state of | 2657 |
nudity. | 2658 |
Sec. 2929.14. (A) Except as provided in division (B)(1), | 2659 |
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G), | 2660 |
(H), or (J) of this section or in division (D)(6) of section | 2661 |
2919.25 of the Revised Code and except in relation to an offense | 2662 |
for which a sentence of death or life imprisonment is to be | 2663 |
imposed, if the court imposing a sentence upon an offender for a | 2664 |
felony elects or is required to impose a prison term on the | 2665 |
offender pursuant to this chapter, the court shall impose a | 2666 |
definite prison term that shall be one of the following: | 2667 |
(1) For a felony of the first degree, the prison term shall | 2668 |
be three, four, five, six, seven, eight, nine, ten, or eleven | 2669 |
years. | 2670 |
(2) For a felony of the second degree, the prison term shall | 2671 |
be two, three, four, five, six, seven, or eight years. | 2672 |
(3)(a) For a felony of the third degree that is a violation | 2673 |
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the | 2674 |
Revised Code or that is a violation of section 2911.02 or 2911.12 | 2675 |
of the Revised Code if the offender previously has been convicted | 2676 |
of or pleaded guilty in two or more separate proceedings to two or | 2677 |
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12 | 2678 |
of the Revised Code, the prison term shall be twelve, eighteen, | 2679 |
twenty-four, thirty, thirty-six, forty-two, forty-eight, | 2680 |
fifty-four, or sixty months. | 2681 |
(b) For a felony of the third degree that is not an offense | 2682 |
for which division (A)(3)(a) of this section applies, the prison | 2683 |
term shall be nine, twelve, eighteen, twenty-four, thirty, or | 2684 |
thirty-six months. | 2685 |
(4) For a felony of the fourth degree, the prison term shall | 2686 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 2687 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 2688 |
(5) For a felony of the fifth degree, the prison term shall | 2689 |
be six, seven, eight, nine, ten, eleven, or twelve months. | 2690 |
(B)(1)(a) Except as provided in division (B)(1)(e) of this | 2691 |
section, if an offender who is convicted of or pleads guilty to a | 2692 |
felony also is convicted of or pleads guilty to a specification of | 2693 |
the type described in section 2941.141, 2941.144, or 2941.145 of | 2694 |
the Revised Code, the court shall impose on the offender one of | 2695 |
the following prison terms: | 2696 |
(i) A prison term of six years if the specification is of the | 2697 |
type described in section 2941.144 of the Revised Code that | 2698 |
charges the offender with having a firearm that is an automatic | 2699 |
firearm or that was equipped with a firearm muffler or silencer on | 2700 |
or about the offender's person or under the offender's control | 2701 |
while committing the felony; | 2702 |
(ii) A prison term of three years if the specification is of | 2703 |
the type described in section 2941.145 of the Revised Code that | 2704 |
charges the offender with having a firearm on or about the | 2705 |
offender's person or under the offender's control while committing | 2706 |
the offense and displaying the firearm, brandishing the firearm, | 2707 |
indicating that the offender possessed the firearm, or using it to | 2708 |
facilitate the offense; | 2709 |
(iii) A prison term of one year if the specification is of | 2710 |
the type described in section 2941.141 of the Revised Code that | 2711 |
charges the offender with having a firearm on or about the | 2712 |
offender's person or under the offender's control while committing | 2713 |
the felony. | 2714 |
(b) If a court imposes a prison term on an offender under | 2715 |
division (B)(1)(a) of this section, the prison term shall not be | 2716 |
reduced pursuant to section 2967.19, section 2929.20, section | 2717 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 2718 |
of the Revised Code. Except as provided in division (B)(1)(g) of | 2719 |
this section, a court shall not impose more than one prison term | 2720 |
on an offender under division (B)(1)(a) of this section for | 2721 |
felonies committed as part of the same act or transaction. | 2722 |
(c) Except as provided in division (B)(1)(e) of this section, | 2723 |
if an offender who is convicted of or pleads guilty to a violation | 2724 |
of section 2923.161 of the Revised Code or to a felony that | 2725 |
includes, as an essential element, purposely or knowingly causing | 2726 |
or attempting to cause the death of or physical harm to another, | 2727 |
also is convicted of or pleads guilty to a specification of the | 2728 |
type described in section 2941.146 of the Revised Code that | 2729 |
charges the offender with committing the offense by discharging a | 2730 |
firearm from a motor vehicle other than a manufactured home, the | 2731 |
court, after imposing a prison term on the offender for the | 2732 |
violation of section 2923.161 of the Revised Code or for the other | 2733 |
felony offense under division (A), (B)(2), or (B)(3) of this | 2734 |
section, shall impose an additional prison term of five years upon | 2735 |
the offender that shall not be reduced pursuant to section | 2736 |
2929.20, section 2967.19, section 2967.193, or any other provision | 2737 |
of Chapter 2967. or Chapter 5120. of the Revised Code. A court | 2738 |
shall not impose more than one additional prison term on an | 2739 |
offender under division (B)(1)(c) of this section for felonies | 2740 |
committed as part of the same act or transaction. If a court | 2741 |
imposes an additional prison term on an offender under division | 2742 |
(B)(1)(c) of this section relative to an offense, the court also | 2743 |
shall impose a prison term under division (B)(1)(a) of this | 2744 |
section relative to the same offense, provided the criteria | 2745 |
specified in that division for imposing an additional prison term | 2746 |
are satisfied relative to the offender and the offense. | 2747 |
(d) If an offender who is convicted of or pleads guilty to an | 2748 |
offense of violence that is a felony also is convicted of or | 2749 |
pleads guilty to a specification of the type described in section | 2750 |
2941.1411 of the Revised Code that charges the offender with | 2751 |
wearing or carrying body armor while committing the felony offense | 2752 |
of violence, the court shall impose on the offender a prison term | 2753 |
of two years. The prison term so imposed, subject to divisions (C) | 2754 |
to (I) of section 2967.19 of the Revised Code, shall not be | 2755 |
reduced pursuant to section 2929.20, section 2967.19, section | 2756 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 2757 |
of the Revised Code. A court shall not impose more than one prison | 2758 |
term on an offender under division (B)(1)(d) of this section for | 2759 |
felonies committed as part of the same act or transaction. If a | 2760 |
court imposes an additional prison term under division (B)(1)(a) | 2761 |
or (c) of this section, the court is not precluded from imposing | 2762 |
an additional prison term under division (B)(1)(d) of this | 2763 |
section. | 2764 |
(e) The court shall not impose any of the prison terms | 2765 |
described in division (B)(1)(a) of this section or any of the | 2766 |
additional prison terms described in division (B)(1)(c) of this | 2767 |
section upon an offender for a violation of section 2923.12 or | 2768 |
2923.123 of the Revised Code. The court shall not impose any of | 2769 |
the prison terms described in division (B)(1)(a) or (b) of this | 2770 |
section upon an offender for a violation of section 2923.122 that | 2771 |
involves a deadly weapon that is a firearm other than a dangerous | 2772 |
ordnance, section 2923.16, or section 2923.121 of the Revised | 2773 |
Code. The court shall not impose any of the prison terms described | 2774 |
in division (B)(1)(a) of this section or any of the additional | 2775 |
prison terms described in division (B)(1)(c) of this section upon | 2776 |
an offender for a violation of section 2923.13 of the Revised Code | 2777 |
unless all of the following apply: | 2778 |
(i) The offender previously has been convicted of aggravated | 2779 |
murder, murder, or any felony of the first or second degree. | 2780 |
(ii) Less than five years have passed since the offender was | 2781 |
released from prison or post-release control, whichever is later, | 2782 |
for the prior offense. | 2783 |
(f) If an offender is convicted of or pleads guilty to a | 2784 |
felony that includes, as an essential element, causing or | 2785 |
attempting to cause the death of or physical harm to another and | 2786 |
also is convicted of or pleads guilty to a specification of the | 2787 |
type described in section 2941.1412 of the Revised Code that | 2788 |
charges the offender with committing the offense by discharging a | 2789 |
firearm at a peace officer as defined in section 2935.01 of the | 2790 |
Revised Code or a corrections officer, as defined in section | 2791 |
2941.1412 of the Revised Code, the court, after imposing a prison | 2792 |
term on the offender for the felony offense under division (A), | 2793 |
(B)(2), or (B)(3) of this section, shall impose an additional | 2794 |
prison term of seven years upon the offender that shall not be | 2795 |
reduced pursuant to section 2929.20, section 2967.19, section | 2796 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 2797 |
of the Revised Code. If an offender is convicted of or pleads | 2798 |
guilty to two or more felonies that include, as an essential | 2799 |
element, causing or attempting to cause the death or physical harm | 2800 |
to another and also is convicted of or pleads guilty to a | 2801 |
specification of the type described under division (B)(1)(f) of | 2802 |
this section in connection with two or more of the felonies of | 2803 |
which the offender is convicted or to which the offender pleads | 2804 |
guilty, the sentencing court shall impose on the offender the | 2805 |
prison term specified under division (B)(1)(f) of this section for | 2806 |
each of two of the specifications of which the offender is | 2807 |
convicted or to which the offender pleads guilty and, in its | 2808 |
discretion, also may impose on the offender the prison term | 2809 |
specified under that division for any or all of the remaining | 2810 |
specifications. If a court imposes an additional prison term on an | 2811 |
offender under division (B)(1)(f) of this section relative to an | 2812 |
offense, the court shall not impose a prison term under division | 2813 |
(B)(1)(a) or (c) of this section relative to the same offense. | 2814 |
(g) If an offender is convicted of or pleads guilty to two or | 2815 |
more felonies, if one or more of those felonies are aggravated | 2816 |
murder, murder, attempted aggravated murder, attempted murder, | 2817 |
aggravated robbery, felonious assault, or rape, and if the | 2818 |
offender is convicted of or pleads guilty to a specification of | 2819 |
the type described under division (B)(1)(a) of this section in | 2820 |
connection with two or more of the felonies, the sentencing court | 2821 |
shall impose on the offender the prison term specified under | 2822 |
division (B)(1)(a) of this section for each of the two most | 2823 |
serious specifications of which the offender is convicted or to | 2824 |
which the offender pleads guilty and, in its discretion, also may | 2825 |
impose on the offender the prison term specified under that | 2826 |
division for any or all of the remaining specifications. | 2827 |
(2)(a) If division (B)(2)(b) of this section does not apply, | 2828 |
the court may impose on an offender, in addition to the longest | 2829 |
prison term authorized or required for the offense, an additional | 2830 |
definite prison term of one, two, three, four, five, six, seven, | 2831 |
eight, nine, or ten years if all of the following criteria are | 2832 |
met: | 2833 |
(i) The offender is convicted of or pleads guilty to a | 2834 |
specification of the type described in section 2941.149 of the | 2835 |
Revised Code that the offender is a repeat violent offender. | 2836 |
(ii) The offense of which the offender currently is convicted | 2837 |
or to which the offender currently pleads guilty is aggravated | 2838 |
murder and the court does not impose a sentence of death or life | 2839 |
imprisonment without parole, murder, terrorism and the court does | 2840 |
not impose a sentence of life imprisonment without parole, any | 2841 |
felony of the first degree that is an offense of violence and the | 2842 |
court does not impose a sentence of life imprisonment without | 2843 |
parole, or any felony of the second degree that is an offense of | 2844 |
violence and the trier of fact finds that the offense involved an | 2845 |
attempt to cause or a threat to cause serious physical harm to a | 2846 |
person or resulted in serious physical harm to a person. | 2847 |
(iii) The court imposes the longest prison term for the | 2848 |
offense that is not life imprisonment without parole. | 2849 |
(iv) The court finds that the prison terms imposed pursuant | 2850 |
to division | 2851 |
division | 2852 |
the offender and protect the public from future crime, because the | 2853 |
applicable factors under section 2929.12 of the Revised Code | 2854 |
indicating a greater likelihood of recidivism outweigh the | 2855 |
applicable factors under that section indicating a lesser | 2856 |
likelihood of recidivism. | 2857 |
(v) The court finds that the prison terms imposed pursuant to | 2858 |
division | 2859 |
division | 2860 |
seriousness of the offense, because one or more of the factors | 2861 |
under section 2929.12 of the Revised Code indicating that the | 2862 |
offender's conduct is more serious than conduct normally | 2863 |
constituting the offense are present, and they outweigh the | 2864 |
applicable factors under that section indicating that the | 2865 |
offender's conduct is less serious than conduct normally | 2866 |
constituting the offense. | 2867 |
(b) The court shall impose on an offender the longest prison | 2868 |
term authorized or required for the offense and shall impose on | 2869 |
the offender an additional definite prison term of one, two, | 2870 |
three, four, five, six, seven, eight, nine, or ten years if all of | 2871 |
the following criteria are met: | 2872 |
(i) The offender is convicted of or pleads guilty to a | 2873 |
specification of the type described in section 2941.149 of the | 2874 |
Revised Code that the offender is a repeat violent offender. | 2875 |
(ii) The offender within the preceding twenty years has been | 2876 |
convicted of or pleaded guilty to three or more offenses described | 2877 |
in division (CC)(1) of section 2929.01 of the Revised Code, | 2878 |
including all offenses described in that division of which the | 2879 |
offender is convicted or to which the offender pleads guilty in | 2880 |
the current prosecution and all offenses described in that | 2881 |
division of which the offender previously has been convicted or to | 2882 |
which the offender previously pleaded guilty, whether prosecuted | 2883 |
together or separately. | 2884 |
(iii) The offense or offenses of which the offender currently | 2885 |
is convicted or to which the offender currently pleads guilty is | 2886 |
aggravated murder and the court does not impose a sentence of | 2887 |
death or life imprisonment without parole, murder, terrorism and | 2888 |
the court does not impose a sentence of life imprisonment without | 2889 |
parole, any felony of the first degree that is an offense of | 2890 |
violence and the court does not impose a sentence of life | 2891 |
imprisonment without parole, or any felony of the second degree | 2892 |
that is an offense of violence and the trier of fact finds that | 2893 |
the offense involved an attempt to cause or a threat to cause | 2894 |
serious physical harm to a person or resulted in serious physical | 2895 |
harm to a person. | 2896 |
(c) For purposes of division (B)(2)(b) of this section, two | 2897 |
or more offenses committed at the same time or as part of the same | 2898 |
act or event shall be considered one offense, and that one offense | 2899 |
shall be the offense with the greatest penalty. | 2900 |
(d) A sentence imposed under division (B)(2)(a) or (b) of | 2901 |
this section shall not be reduced pursuant to section 2929.20, | 2902 |
section 2967.19, or section 2967.193, or any other provision of | 2903 |
Chapter 2967. or Chapter 5120. of the Revised Code. The offender | 2904 |
shall serve an additional prison term imposed under this section | 2905 |
consecutively to and prior to the prison term imposed for the | 2906 |
underlying offense. | 2907 |
(e) When imposing a sentence pursuant to division (B)(2)(a) | 2908 |
or (b) of this section, the court shall state its findings | 2909 |
explaining the imposed sentence. | 2910 |
(3) Except when an offender commits a violation of section | 2911 |
2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 2912 |
the violation is life imprisonment or commits a violation of | 2913 |
section 2903.02 of the Revised Code, if the offender commits a | 2914 |
violation of section 2925.03 or 2925.11 of the Revised Code and | 2915 |
that section classifies the offender as a major drug offender | 2916 |
2917 | |
if the offender commits a felony violation of section 2925.02, | 2918 |
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 2919 |
4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 2920 |
division (C) of section 4729.51, or division (J) of section | 2921 |
4729.54 of the Revised Code that includes the sale, offer to sell, | 2922 |
or possession of a schedule I or II controlled substance, with the | 2923 |
exception of marihuana, and the court imposing sentence upon the | 2924 |
offender finds that the offender is guilty of a specification of | 2925 |
the type described in section 2941.1410 of the Revised Code | 2926 |
charging that the offender is a major drug offender, if the court | 2927 |
imposing sentence upon an offender for a felony finds that the | 2928 |
offender is guilty of corrupt activity with the most serious | 2929 |
offense in the pattern of corrupt activity being a felony of the | 2930 |
first degree, or if the offender is guilty of an attempted | 2931 |
violation of section 2907.02 of the Revised Code and, had the | 2932 |
offender completed the violation of section 2907.02 of the Revised | 2933 |
Code that was attempted, the offender would have been subject to a | 2934 |
sentence of life imprisonment or life imprisonment without parole | 2935 |
for the violation of section 2907.02 of the Revised Code, the | 2936 |
court shall impose upon the offender for the felony violation a | 2937 |
2938 | |
prescribed for a felony of the first degree that, subject to | 2939 |
divisions (C) to (I) of section 2967.19 of the Revised Code, | 2940 |
cannot be reduced pursuant to section 2929.20, section 2967.19, or | 2941 |
any other provision of Chapter 2967. or 5120. of the Revised Code. | 2942 |
(4) If the offender is being sentenced for a third or fourth | 2943 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 2944 |
of the Revised Code, the sentencing court shall impose upon the | 2945 |
offender a mandatory prison term in accordance with that division. | 2946 |
In addition to the mandatory prison term, if the offender is being | 2947 |
sentenced for a fourth degree felony OVI offense, the court, | 2948 |
notwithstanding division (A)(4) of this section, may sentence the | 2949 |
offender to a definite prison term of not less than six months and | 2950 |
not more than thirty months, and if the offender is being | 2951 |
sentenced for a third degree felony OVI offense, the sentencing | 2952 |
court may sentence the offender to an additional prison term of | 2953 |
any duration specified in division (A)(3) of this section. In | 2954 |
either case, the additional prison term imposed shall be reduced | 2955 |
by the sixty or one hundred twenty days imposed upon the offender | 2956 |
as the mandatory prison term. The total of the additional prison | 2957 |
term imposed under division | 2958 |
sixty or one hundred twenty days imposed as the mandatory prison | 2959 |
term shall equal a definite term in the range of six months to | 2960 |
thirty months for a fourth degree felony OVI offense and shall | 2961 |
equal one of the authorized prison terms specified in division | 2962 |
(A)(3) of this section for a third degree felony OVI offense. If | 2963 |
the court imposes an additional prison term under division (B)(4) | 2964 |
of this section, the offender shall serve the additional prison | 2965 |
term after the offender has served the mandatory prison term | 2966 |
required for the offense. In addition to the mandatory prison term | 2967 |
or mandatory and additional prison term imposed as described in | 2968 |
division (B)(4) of this section, the court also may sentence the | 2969 |
offender to a community control sanction under section 2929.16 or | 2970 |
2929.17 of the Revised Code, but the offender shall serve all of | 2971 |
the prison terms so imposed prior to serving the community control | 2972 |
sanction. | 2973 |
If the offender is being sentenced for a fourth degree felony | 2974 |
OVI offense under division (G)(1) of section 2929.13 of the | 2975 |
Revised Code and the court imposes a mandatory term of local | 2976 |
incarceration, the court may impose a prison term as described in | 2977 |
division (A)(1) of that section. | 2978 |
(5) If an offender is convicted of or pleads guilty to a | 2979 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2980 |
Revised Code and also is convicted of or pleads guilty to a | 2981 |
specification of the type described in section 2941.1414 of the | 2982 |
Revised Code that charges that the victim of the offense is a | 2983 |
peace officer, as defined in section 2935.01 of the Revised Code, | 2984 |
or an investigator of the bureau of criminal identification and | 2985 |
investigation, as defined in section 2903.11 of the Revised Code, | 2986 |
the court shall impose on the offender a prison term of five | 2987 |
years. If a court imposes a prison term on an offender under | 2988 |
division (B)(5) of this section, the prison term, subject to | 2989 |
divisions (C) to (I) of section 2967.19 of the Revised Code, shall | 2990 |
not be reduced pursuant to section 2929.20, section 2967.19, | 2991 |
section 2967.193, or any other provision of Chapter 2967. or | 2992 |
Chapter 5120. of the Revised Code. A court shall not impose more | 2993 |
than one prison term on an offender under division (B)(5) of this | 2994 |
section for felonies committed as part of the same act. | 2995 |
(6) If an offender is convicted of or pleads guilty to a | 2996 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2997 |
Revised Code and also is convicted of or pleads guilty to a | 2998 |
specification of the type described in section 2941.1415 of the | 2999 |
Revised Code that charges that the offender previously has been | 3000 |
convicted of or pleaded guilty to three or more violations of | 3001 |
division (A) or (B) of section 4511.19 of the Revised Code or an | 3002 |
equivalent offense, as defined in section 2941.1415 of the Revised | 3003 |
Code, or three or more violations of any combination of those | 3004 |
divisions and offenses, the court shall impose on the offender a | 3005 |
prison term of three years. If a court imposes a prison term on an | 3006 |
offender under division (B)(6) of this section, the prison term, | 3007 |
subject to divisions (C) to (I) of section 2967.19 of the Revised | 3008 |
Code, shall not be reduced pursuant to section 2929.20, section | 3009 |
2967.19, section 2967.193, or any other provision of Chapter 2967. | 3010 |
or Chapter 5120. of the Revised Code. A court shall not impose | 3011 |
more than one prison term on an offender under division (B)(6) of | 3012 |
this section for felonies committed as part of the same act. | 3013 |
(7)(a) If an offender is convicted of or pleads guilty to a | 3014 |
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or | 3015 |
2923.32, division (A)(1) or (2) of section 2907.323, or division | 3016 |
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised | 3017 |
Code and also is convicted of or pleads guilty to a specification | 3018 |
of the type described in section 2941.1422 of the Revised Code | 3019 |
that charges that the offender knowingly committed the offense in | 3020 |
furtherance of human trafficking, the court shall impose on the | 3021 |
offender a mandatory prison term that is one of the following: | 3022 |
(i) If the offense is a felony of the first degree, a | 3023 |
definite prison term of not less than five years and not greater | 3024 |
than ten years; | 3025 |
(ii) If the offense is a felony of the second or third | 3026 |
degree, a definite prison term of not less than three years and | 3027 |
not greater than the maximum prison term allowed for the offense | 3028 |
by division (A) of section 2929.14 of the Revised Code; | 3029 |
(iii) If the offense is a felony of the fourth or fifth | 3030 |
degree, a definite prison term that is the maximum prison term | 3031 |
allowed for the offense by division (A) of section 2929.14 of the | 3032 |
Revised Code. | 3033 |
(b) Subject to divisions (C) to (I) of section 2967.19 of the | 3034 |
Revised Code, the prison term imposed under division (B)(7)(a) of | 3035 |
this section shall not be reduced pursuant to section 2929.20, | 3036 |
section 2967.19, section 2967.193, or any other provision of | 3037 |
Chapter 2967. of the Revised Code. A court shall not impose more | 3038 |
than one prison term on an offender under division (B)(7)(a) of | 3039 |
this section for felonies committed as part of the same act, | 3040 |
scheme, or plan. | 3041 |
(8) If an offender is convicted of or pleads guilty to a | 3042 |
felony violation of section 2903.11, 2903.12, or 2903.13 of the | 3043 |
Revised Code and also is convicted of or pleads guilty to a | 3044 |
specification of the type described in section 2941.1423 of the | 3045 |
Revised Code that charges that the victim of the violation was a | 3046 |
woman whom the offender knew was pregnant at the time of the | 3047 |
violation, notwithstanding the range of prison terms prescribed in | 3048 |
division (A) of this section for felonies of the same degree as | 3049 |
the violation, the court shall impose on the offender a mandatory | 3050 |
prison term that is either a definite prison term of six months or | 3051 |
one of the prison terms prescribed in section 2929.14 of the | 3052 |
Revised Code for felonies of the same degree as the violation. | 3053 |
(C)(1)(a) Subject to division (C)(1)(b) of this section, if a | 3054 |
mandatory prison term is imposed upon an offender pursuant to | 3055 |
division (B)(1)(a) of this section for having a firearm on or | 3056 |
about the offender's person or under the offender's control while | 3057 |
committing a felony, if a mandatory prison term is imposed upon an | 3058 |
offender pursuant to division (B)(1)(c) of this section for | 3059 |
committing a felony specified in that division by discharging a | 3060 |
firearm from a motor vehicle, or if both types of mandatory prison | 3061 |
terms are imposed, the offender shall serve any mandatory prison | 3062 |
term imposed under either division consecutively to any other | 3063 |
mandatory prison term imposed under either division or under | 3064 |
division (B)(1)(d) of this section, consecutively to and prior to | 3065 |
any prison term imposed for the underlying felony pursuant to | 3066 |
division (A), (B)(2), or (B)(3) of this section or any other | 3067 |
section of the Revised Code, and consecutively to any other prison | 3068 |
term or mandatory prison term previously or subsequently imposed | 3069 |
upon the offender. | 3070 |
(b) If a mandatory prison term is imposed upon an offender | 3071 |
pursuant to division (B)(1)(d) of this section for wearing or | 3072 |
carrying body armor while committing an offense of violence that | 3073 |
is a felony, the offender shall serve the mandatory term so | 3074 |
imposed consecutively to any other mandatory prison term imposed | 3075 |
under that division or under division (B)(1)(a) or (c) of this | 3076 |
section, consecutively to and prior to any prison term imposed for | 3077 |
the underlying felony under division (A), (B)(2), or (B)(3) of | 3078 |
this section or any other section of the Revised Code, and | 3079 |
consecutively to any other prison term or mandatory prison term | 3080 |
previously or subsequently imposed upon the offender. | 3081 |
(c) If a mandatory prison term is imposed upon an offender | 3082 |
pursuant to division (B)(1)(f) of this section, the offender shall | 3083 |
serve the mandatory prison term so imposed consecutively to and | 3084 |
prior to any prison term imposed for the underlying felony under | 3085 |
division (A), (B)(2), or (B)(3) of this section or any other | 3086 |
section of the Revised Code, and consecutively to any other prison | 3087 |
term or mandatory prison term previously or subsequently imposed | 3088 |
upon the offender. | 3089 |
(d) If a mandatory prison term is imposed upon an offender | 3090 |
pursuant to division (B)(7) or (8) of this section, the offender | 3091 |
shall serve the mandatory prison term so imposed consecutively to | 3092 |
any other mandatory prison term imposed under that division or | 3093 |
under any other provision of law and consecutively to any other | 3094 |
prison term or mandatory prison term previously or subsequently | 3095 |
imposed upon the offender. | 3096 |
(2) If an offender who is an inmate in a jail, prison, or | 3097 |
other residential detention facility violates section 2917.02, | 3098 |
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2) | 3099 |
of section 2921.34 of the Revised Code, if an offender who is | 3100 |
under detention at a detention facility commits a felony violation | 3101 |
of section 2923.131 of the Revised Code, or if an offender who is | 3102 |
an inmate in a jail, prison, or other residential detention | 3103 |
facility or is under detention at a detention facility commits | 3104 |
another felony while the offender is an escapee in violation of | 3105 |
division (A)(1) or (2) of section 2921.34 of the Revised Code, any | 3106 |
prison term imposed upon the offender for one of those violations | 3107 |
shall be served by the offender consecutively to the prison term | 3108 |
or term of imprisonment the offender was serving when the offender | 3109 |
committed that offense and to any other prison term previously or | 3110 |
subsequently imposed upon the offender. | 3111 |
(3) If a prison term is imposed for a violation of division | 3112 |
(B) of section 2911.01 of the Revised Code, a violation of | 3113 |
division (A) of section 2913.02 of the Revised Code in which the | 3114 |
stolen property is a firearm or dangerous ordnance, or a felony | 3115 |
violation of division (B) of section 2921.331 of the Revised Code, | 3116 |
the offender shall serve that prison term consecutively to any | 3117 |
other prison term or mandatory prison term previously or | 3118 |
subsequently imposed upon the offender. | 3119 |
(4) If multiple prison terms are imposed on an offender for | 3120 |
convictions of multiple offenses, the court may require the | 3121 |
offender to serve the prison terms consecutively if the court | 3122 |
finds that the consecutive service is necessary to protect the | 3123 |
public from future crime or to punish the offender and that | 3124 |
consecutive sentences are not disproportionate to the seriousness | 3125 |
of the offender's conduct and to the danger the offender poses to | 3126 |
the public, and if the court also finds any of the following: | 3127 |
(a) The offender committed one or more of the multiple | 3128 |
offenses while the offender was awaiting trial or sentencing, was | 3129 |
under a sanction imposed pursuant to section 2929.16, 2929.17, or | 3130 |
2929.18 of the Revised Code, or was under post-release control for | 3131 |
a prior offense. | 3132 |
(b) At least two of the multiple offenses were committed as | 3133 |
part of one or more courses of conduct, and the harm caused by two | 3134 |
or more of the multiple offenses so committed was so great or | 3135 |
unusual that no single prison term for any of the offenses | 3136 |
committed as part of any of the courses of conduct adequately | 3137 |
reflects the seriousness of the offender's conduct. | 3138 |
(c) The offender's history of criminal conduct demonstrates | 3139 |
that consecutive sentences are necessary to protect the public | 3140 |
from future crime by the offender. | 3141 |
(5) If a mandatory prison term is imposed upon an offender | 3142 |
pursuant to division (B)(5) or (6) of this section, the offender | 3143 |
shall serve the mandatory prison term consecutively to and prior | 3144 |
to any prison term imposed for the underlying violation of | 3145 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 3146 |
pursuant to division (A) of this section or section 2929.142 of | 3147 |
the Revised Code. If a mandatory prison term is imposed upon an | 3148 |
offender pursuant to division (B)(5) of this section, and if a | 3149 |
mandatory prison term also is imposed upon the offender pursuant | 3150 |
to division (B)(6) of this section in relation to the same | 3151 |
violation, the offender shall serve the mandatory prison term | 3152 |
imposed pursuant to division (B)(5) of this section consecutively | 3153 |
to and prior to the mandatory prison term imposed pursuant to | 3154 |
division (B)(6) of this section and consecutively to and prior to | 3155 |
any prison term imposed for the underlying violation of division | 3156 |
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to | 3157 |
division (A) of this section or section 2929.142 of the Revised | 3158 |
Code. | 3159 |
(6) When consecutive prison terms are imposed pursuant to | 3160 |
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2) | 3161 |
of this section, the term to be served is the aggregate of all of | 3162 |
the terms so imposed. | 3163 |
(D)(1) If a court imposes a prison term for a felony of the | 3164 |
first degree, for a felony of the second degree, for a felony sex | 3165 |
offense, or for a felony of the third degree that is not a felony | 3166 |
sex offense and in the commission of which the offender caused or | 3167 |
threatened to cause physical harm to a person, it shall include in | 3168 |
the sentence a requirement that the offender be subject to a | 3169 |
period of post-release control after the offender's release from | 3170 |
imprisonment, in accordance with that division. If a court imposes | 3171 |
a sentence including a prison term of a type described in this | 3172 |
division on or after July 11, 2006, the failure of a court to | 3173 |
include a post-release control requirement in the sentence | 3174 |
pursuant to this division does not negate, limit, or otherwise | 3175 |
affect the mandatory period of post-release control that is | 3176 |
required for the offender under division (B) of section 2967.28 of | 3177 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 3178 |
prior to July 11, 2006, a court imposed a sentence including a | 3179 |
prison term of a type described in this division and failed to | 3180 |
include in the sentence pursuant to this division a statement | 3181 |
regarding post-release control. | 3182 |
(2) If a court imposes a prison term for a felony of the | 3183 |
third, fourth, or fifth degree that is not subject to division | 3184 |
(D)(1) of this section, it shall include in the sentence a | 3185 |
requirement that the offender be subject to a period of | 3186 |
post-release control after the offender's release from | 3187 |
imprisonment, in accordance with that division, if the parole | 3188 |
board determines that a period of post-release control is | 3189 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 3190 |
to July 11, 2006, a court imposed a sentence including a prison | 3191 |
term of a type described in this division and failed to include in | 3192 |
the sentence pursuant to this division a statement regarding | 3193 |
post-release control. | 3194 |
| 3195 |
3196 | |
3197 | |
3198 | |
3199 | |
3200 | |
3201 | |
3202 | |
3203 | |
3204 | |
3205 | |
3206 | |
3207 | |
3208 | |
3209 | |
3210 | |
3211 |
(E) The court shall impose sentence upon the offender in | 3212 |
accordance with section 2971.03 of the Revised Code, and Chapter | 3213 |
2971. of the Revised Code applies regarding the prison term or | 3214 |
term of life imprisonment without parole imposed upon the offender | 3215 |
and the service of that term of imprisonment if any of the | 3216 |
following apply: | 3217 |
(1) A person is convicted of or pleads guilty to a violent | 3218 |
sex offense or a designated homicide, assault, or kidnapping | 3219 |
offense, and, in relation to that offense, the offender is | 3220 |
adjudicated a sexually violent predator. | 3221 |
(2) A person is convicted of or pleads guilty to a violation | 3222 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 3223 |
committed on or after January 2, 2007, and either the court does | 3224 |
not impose a sentence of life without parole when authorized | 3225 |
pursuant to division (B) of section 2907.02 of the Revised Code, | 3226 |
or division (B) of section 2907.02 of the Revised Code provides | 3227 |
that the court shall not sentence the offender pursuant to section | 3228 |
2971.03 of the Revised Code. | 3229 |
(3) A person is convicted of or pleads guilty to attempted | 3230 |
rape committed on or after January 2, 2007, and a specification of | 3231 |
the type described in section 2941.1418, 2941.1419, or 2941.1420 | 3232 |
of the Revised Code. | 3233 |
(4) A person is convicted of or pleads guilty to a violation | 3234 |
of section 2905.01 of the Revised Code committed on or after | 3235 |
January 1, 2008, and that section requires the court to sentence | 3236 |
the offender pursuant to section 2971.03 of the Revised Code. | 3237 |
(5) A person is convicted of or pleads guilty to aggravated | 3238 |
murder committed on or after January 1, 2008, and division | 3239 |
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), | 3240 |
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or | 3241 |
(E)(1)(d) of section 2929.03, or division (A) or (B) of section | 3242 |
2929.06 of the Revised Code requires the court to sentence the | 3243 |
offender pursuant to division (B)(3) of section 2971.03 of the | 3244 |
Revised Code. | 3245 |
(6) A person is convicted of or pleads guilty to murder | 3246 |
committed on or after January 1, 2008, and division (B)(2) of | 3247 |
section 2929.02 of the Revised Code requires the court to sentence | 3248 |
the offender pursuant to section 2971.03 of the Revised Code. | 3249 |
(F) If a person who has been convicted of or pleaded guilty | 3250 |
to a felony is sentenced to a prison term or term of imprisonment | 3251 |
under this section, sections 2929.02 to 2929.06 of the Revised | 3252 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 3253 |
Revised Code, or any other provision of law, section 5120.163 of | 3254 |
the Revised Code applies regarding the person while the person is | 3255 |
confined in a state correctional institution. | 3256 |
(G) If an offender who is convicted of or pleads guilty to a | 3257 |
felony that is an offense of violence also is convicted of or | 3258 |
pleads guilty to a specification of the type described in section | 3259 |
2941.142 of the Revised Code that charges the offender with having | 3260 |
committed the felony while participating in a criminal gang, the | 3261 |
court shall impose upon the offender an additional prison term of | 3262 |
one, two, or three years. | 3263 |
(H)(1) If an offender who is convicted of or pleads guilty to | 3264 |
aggravated murder, murder, or a felony of the first, second, or | 3265 |
third degree that is an offense of violence also is convicted of | 3266 |
or pleads guilty to a specification of the type described in | 3267 |
section 2941.143 of the Revised Code that charges the offender | 3268 |
with having committed the offense in a school safety zone or | 3269 |
towards a person in a school safety zone, the court shall impose | 3270 |
upon the offender an additional prison term of two years. The | 3271 |
offender shall serve the additional two years consecutively to and | 3272 |
prior to the prison term imposed for the underlying offense. | 3273 |
(2)(a) If an offender is convicted of or pleads guilty to a | 3274 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 3275 |
of the Revised Code and to a specification of the type described | 3276 |
in section 2941.1421 of the Revised Code and if the court imposes | 3277 |
a prison term on the offender for the felony violation, the court | 3278 |
may impose upon the offender an additional prison term as follows: | 3279 |
(i) Subject to division (H)(2)(a)(ii) of this section, an | 3280 |
additional prison term of one, two, three, four, five, or six | 3281 |
months; | 3282 |
(ii) If the offender previously has been convicted of or | 3283 |
pleaded guilty to one or more felony or misdemeanor violations of | 3284 |
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the | 3285 |
Revised Code and also was convicted of or pleaded guilty to a | 3286 |
specification of the type described in section 2941.1421 of the | 3287 |
Revised Code regarding one or more of those violations, an | 3288 |
additional prison term of one, two, three, four, five, six, seven, | 3289 |
eight, nine, ten, eleven, or twelve months. | 3290 |
(b) In lieu of imposing an additional prison term under | 3291 |
division (H)(2)(a) of this section, the court may directly impose | 3292 |
on the offender a sanction that requires the offender to wear a | 3293 |
real-time processing, continual tracking electronic monitoring | 3294 |
device during the period of time specified by the court. The | 3295 |
period of time specified by the court shall equal the duration of | 3296 |
an additional prison term that the court could have imposed upon | 3297 |
the offender under division (H)(2)(a) of this section. A sanction | 3298 |
imposed under this division shall commence on the date specified | 3299 |
by the court, provided that the sanction shall not commence until | 3300 |
after the offender has served the prison term imposed for the | 3301 |
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25 | 3302 |
of the Revised Code and any residential sanction imposed for the | 3303 |
violation under section 2929.16 of the Revised Code. A sanction | 3304 |
imposed under this division shall be considered to be a community | 3305 |
control sanction for purposes of section 2929.15 of the Revised | 3306 |
Code, and all provisions of the Revised Code that pertain to | 3307 |
community control sanctions shall apply to a sanction imposed | 3308 |
under this division, except to the extent that they would by their | 3309 |
nature be clearly inapplicable. The offender shall pay all costs | 3310 |
associated with a sanction imposed under this division, including | 3311 |
the cost of the use of the monitoring device. | 3312 |
(I) | 3313 |
offender for placement in a program of shock incarceration under | 3314 |
section 5120.031 of the Revised Code or for placement in an | 3315 |
intensive program prison under section 5120.032 of the Revised | 3316 |
Code, disapprove placement of the offender in a program of shock | 3317 |
incarceration or an intensive program prison of that nature, or | 3318 |
make no recommendation on placement of the offender. In no case | 3319 |
shall the department of rehabilitation and correction place the | 3320 |
offender in a program or prison of that nature unless the | 3321 |
department determines as specified in section 5120.031 or 5120.032 | 3322 |
of the Revised Code, whichever is applicable, that the offender is | 3323 |
eligible for the placement. | 3324 |
If the court disapproves placement of the offender in a | 3325 |
program or prison of that nature, the department of rehabilitation | 3326 |
and correction shall not place the offender in any program of | 3327 |
shock incarceration or intensive program prison. | 3328 |
If the court recommends placement of the offender in a | 3329 |
program of shock incarceration or in an intensive program prison, | 3330 |
and if the offender is subsequently placed in the recommended | 3331 |
program or prison, the department shall notify the court of the | 3332 |
placement and shall include with the notice a brief description of | 3333 |
the placement. | 3334 |
If the court recommends placement of the offender in a | 3335 |
program of shock incarceration or in an intensive program prison | 3336 |
and the department does not subsequently place the offender in the | 3337 |
recommended program or prison, the department shall send a notice | 3338 |
to the court indicating why the offender was not placed in the | 3339 |
recommended program or prison. | 3340 |
If the court does not make a recommendation under this | 3341 |
division with respect to an offender and if the department | 3342 |
determines as specified in section 5120.031 or 5120.032 of the | 3343 |
Revised Code, whichever is applicable, that the offender is | 3344 |
eligible for placement in a program or prison of that nature, the | 3345 |
department shall screen the offender and determine if there is an | 3346 |
available program of shock incarceration or an intensive program | 3347 |
prison for which the offender is suited. If there is an available | 3348 |
program of shock incarceration or an intensive program prison for | 3349 |
which the offender is suited, the department shall notify the | 3350 |
court of the proposed placement of the offender as specified in | 3351 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 3352 |
with the notice a brief description of the placement. The court | 3353 |
shall have ten days from receipt of the notice to disapprove the | 3354 |
placement. | 3355 |
| 3356 |
aggravated vehicular homicide in violation of division (A)(1) of | 3357 |
section 2903.06 of the Revised Code and division (B)(2)(c) of that | 3358 |
section applies, the person shall be sentenced pursuant to section | 3359 |
2929.142 of the Revised Code. | 3360 |
Sec. 2929.19. (A) The court shall hold a sentencing hearing | 3361 |
before imposing a sentence under this chapter upon an offender who | 3362 |
was convicted of or pleaded guilty to a felony and before | 3363 |
resentencing an offender who was convicted of or pleaded guilty to | 3364 |
a felony and whose case was remanded pursuant to section 2953.07 | 3365 |
or 2953.08 of the Revised Code. At the hearing, the offender, the | 3366 |
prosecuting attorney, the victim or the victim's representative in | 3367 |
accordance with section 2930.14 of the Revised Code, and, with the | 3368 |
approval of the court, any other person may present information | 3369 |
relevant to the imposition of sentence in the case. The court | 3370 |
shall inform the offender of the verdict of the jury or finding of | 3371 |
the court and ask the offender whether the offender has anything | 3372 |
to say as to why sentence should not be imposed upon the offender. | 3373 |
(B)(1) At the sentencing hearing, the court, before imposing | 3374 |
sentence, shall consider the record, any information presented at | 3375 |
the hearing by any person pursuant to division (A) of this | 3376 |
section, and, if one was prepared, the presentence investigation | 3377 |
report made pursuant to section 2951.03 of the Revised Code or | 3378 |
Criminal Rule 32.2, and any victim impact statement made pursuant | 3379 |
to section 2947.051 of the Revised Code. | 3380 |
(2) Subject to division (B)(3) of this section, if the | 3381 |
sentencing court determines at the sentencing hearing that a | 3382 |
prison term is necessary or required, the court shall do all of | 3383 |
the following: | 3384 |
(a) Impose a stated prison term and, if the court imposes a | 3385 |
mandatory prison term, notify the offender that the prison term is | 3386 |
a mandatory prison term; | 3387 |
(b) In addition to any other information, include in the | 3388 |
sentencing entry the name and section reference to the offense or | 3389 |
offenses, the sentence or sentences imposed and whether the | 3390 |
sentence or sentences contain mandatory prison terms, if sentences | 3391 |
are imposed for multiple counts whether the sentences are to be | 3392 |
served concurrently or consecutively, and the name and section | 3393 |
reference of any specification or specifications for which | 3394 |
sentence is imposed and the sentence or sentences imposed for the | 3395 |
specification or specifications; | 3396 |
(c) Notify the offender that the offender will be supervised | 3397 |
under section 2967.28 of the Revised Code after the offender | 3398 |
leaves prison if the offender is being sentenced for a felony of | 3399 |
the first degree or second degree, for a felony sex offense, or | 3400 |
for a felony of the third degree that is not a felony sex offense | 3401 |
and in the commission of which the offender caused or threatened | 3402 |
to cause physical harm to a person. If a court imposes a sentence | 3403 |
including a prison term of a type described in division (B)(2)(c) | 3404 |
of this section on or after July 11, 2006, the failure of a court | 3405 |
to notify the offender pursuant to division (B)(2)(c) of this | 3406 |
section that the offender will be supervised under section 2967.28 | 3407 |
of the Revised Code after the offender leaves prison or to include | 3408 |
in the judgment of conviction entered on the journal a statement | 3409 |
to that effect does not negate, limit, or otherwise affect the | 3410 |
mandatory period of supervision that is required for the offender | 3411 |
under division (B) of section 2967.28 of the Revised Code. Section | 3412 |
2929.191 of the Revised Code applies if, prior to July 11, 2006, a | 3413 |
court imposed a sentence including a prison term of a type | 3414 |
described in division (B)(2)(c) of this section and failed to | 3415 |
notify the offender pursuant to division (B)(2)(c) of this section | 3416 |
regarding post-release control or to include in the judgment of | 3417 |
conviction entered on the journal or in the sentence a statement | 3418 |
regarding post-release control. | 3419 |
(d) Notify the offender that the offender may be supervised | 3420 |
under section 2967.28 of the Revised Code after the offender | 3421 |
leaves prison if the offender is being sentenced for a felony of | 3422 |
the third, fourth, or fifth degree that is not subject to division | 3423 |
(B)(2)(c) of this section. Section 2929.191 of the Revised Code | 3424 |
applies if, prior to July 11, 2006, a court imposed a sentence | 3425 |
including a prison term of a type described in division (B)(2)(d) | 3426 |
of this section and failed to notify the offender pursuant to | 3427 |
division (B)(2)(d) of this section regarding post-release control | 3428 |
or to include in the judgment of conviction entered on the journal | 3429 |
or in the sentence a statement regarding post-release control. | 3430 |
(e) Notify the offender that, if a period of supervision is | 3431 |
imposed following the offender's release from prison, as described | 3432 |
in division (B)(2)(c) or (d) of this section, and if the offender | 3433 |
violates that supervision or a condition of post-release control | 3434 |
imposed under division (B) of section 2967.131 of the Revised | 3435 |
Code, the parole board may impose a prison term, as part of the | 3436 |
sentence, of up to one-half of the stated prison term originally | 3437 |
imposed upon the offender. If a court imposes a sentence including | 3438 |
a prison term on or after July 11, 2006, the failure of a court to | 3439 |
notify the offender pursuant to division (B)(2)(e) of this section | 3440 |
that the parole board may impose a prison term as described in | 3441 |
division (B)(2)(e) of this section for a violation of that | 3442 |
supervision or a condition of post-release control imposed under | 3443 |
division (B) of section 2967.131 of the Revised Code or to include | 3444 |
in the judgment of conviction entered on the journal a statement | 3445 |
to that effect does not negate, limit, or otherwise affect the | 3446 |
authority of the parole board to so impose a prison term for a | 3447 |
violation of that nature if, pursuant to division (D)(1) of | 3448 |
section 2967.28 of the Revised Code, the parole board notifies the | 3449 |
offender prior to the offender's release of the board's authority | 3450 |
to so impose a prison term. Section 2929.191 of the Revised Code | 3451 |
applies if, prior to July 11, 2006, a court imposed a sentence | 3452 |
including a prison term and failed to notify the offender pursuant | 3453 |
to division (B)(2)(e) of this section regarding the possibility of | 3454 |
the parole board imposing a prison term for a violation of | 3455 |
supervision or a condition of post-release control. | 3456 |
(f) Require that the offender not ingest or be injected with | 3457 |
a drug of abuse and submit to random drug testing as provided in | 3458 |
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever | 3459 |
is applicable to the offender who is serving a prison term, and | 3460 |
require that the results of the drug test administered under any | 3461 |
of those sections indicate that the offender did not ingest or was | 3462 |
not injected with a drug of abuse. | 3463 |
(g) | 3464 |
3465 | |
3466 | |
3467 | |
offender of, and include in the sentencing entry the number of | 3468 |
days that the offender has been confined for any reason arising | 3469 |
out of the offense for which the offender is being sentenced and | 3470 |
by which the department of rehabilitation and correction must | 3471 |
reduce the stated prison term under section 2967.191 of the | 3472 |
Revised Code. The court's calculation shall not include the number | 3473 |
of days, if any, that the offender previously served in the | 3474 |
custody of the department of rehabilitation and correction arising | 3475 |
out of the offense for which the prisoner was convicted and | 3476 |
sentenced. | 3477 |
(ii) In making a determination under division (B)(2)(g)(i) of | 3478 |
this section, the court shall consider the arguments of the | 3479 |
parties and conduct a hearing if one is requested. | 3480 |
(iii) The sentencing court retains continuing jurisdiction to | 3481 |
correct any error not previously raised at sentencing in making a | 3482 |
determination under division (B)(2)(g)(i) of this section. The | 3483 |
offender may, at any time after sentencing, file a motion in the | 3484 |
sentencing court to correct any error made in making a | 3485 |
determination under division (B)(2)(g)(i) of this section, and the | 3486 |
court may in its discretion grant or deny that motion. If the | 3487 |
court changes the number of days in its determination or | 3488 |
redetermination, the court shall cause the entry granting that | 3489 |
change to be delivered to the department of rehabilitation and | 3490 |
correction without delay. Sections 2931.15 and 2953.21 of the | 3491 |
Revised Code do not apply to a motion made under this section. | 3492 |
(iv) An inaccurate determination under division (B)(2)(g)(i) | 3493 |
of this section is not grounds for setting aside the offender's | 3494 |
conviction or sentence and does not otherwise render the sentence | 3495 |
void or voidable. | 3496 |
(3)(a) The court shall include in the offender's sentence a | 3497 |
statement that the offender is a tier III sex | 3498 |
offender/child-victim offender, and the court shall comply with | 3499 |
the requirements of section 2950.03 of the Revised Code if any of | 3500 |
the following apply: | 3501 |
(i) The offender is being sentenced for a violent sex offense | 3502 |
or designated homicide, assault, or kidnapping offense that the | 3503 |
offender committed on or after January 1, 1997, and the offender | 3504 |
is adjudicated a sexually violent predator in relation to that | 3505 |
offense. | 3506 |
(ii) The offender is being sentenced for a sexually oriented | 3507 |
offense that the offender committed on or after January 1, 1997, | 3508 |
and the offender is a tier III sex offender/child-victim offender | 3509 |
relative to that offense. | 3510 |
(iii) The offender is being sentenced on or after July 31, | 3511 |
2003, for a child-victim oriented offense, and the offender is a | 3512 |
tier III sex offender/child-victim offender relative to that | 3513 |
offense. | 3514 |
(iv) The offender is being sentenced under section 2971.03 of | 3515 |
the Revised Code for a violation of division (A)(1)(b) of section | 3516 |
2907.02 of the Revised Code committed on or after January 2, 2007. | 3517 |
(v) The offender is sentenced to a term of life without | 3518 |
parole under division (B) of section 2907.02 of the Revised Code. | 3519 |
(vi) The offender is being sentenced for attempted rape | 3520 |
committed on or after January 2, 2007, and a specification of the | 3521 |
type described in section 2941.1418, 2941.1419, or 2941.1420 of | 3522 |
the Revised Code. | 3523 |
(vii) The offender is being sentenced under division | 3524 |
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code | 3525 |
for an offense described in those divisions committed on or after | 3526 |
January 1, 2008. | 3527 |
(b) Additionally, if any criterion set forth in divisions | 3528 |
(B)(3)(a)(i) to (vii) of this section is satisfied, in the | 3529 |
circumstances described in division (E) of section 2929.14 of the | 3530 |
Revised Code, the court shall impose sentence on the offender as | 3531 |
described in that division. | 3532 |
(4) If the sentencing court determines at the sentencing | 3533 |
hearing that a community control sanction should be imposed and | 3534 |
the court is not prohibited from imposing a community control | 3535 |
sanction, the court shall impose a community control sanction. The | 3536 |
court shall notify the offender that, if the conditions of the | 3537 |
sanction are violated, if the offender commits a violation of any | 3538 |
law, or if the offender leaves this state without the permission | 3539 |
of the court or the offender's probation officer, the court may | 3540 |
impose a longer time under the same sanction, may impose a more | 3541 |
restrictive sanction, or may impose a prison term on the offender | 3542 |
and shall indicate the specific prison term that may be imposed as | 3543 |
a sanction for the violation, as selected by the court from the | 3544 |
range of prison terms for the offense pursuant to section 2929.14 | 3545 |
of the Revised Code. | 3546 |
(5) Before imposing a financial sanction under section | 3547 |
2929.18 of the Revised Code or a fine under section 2929.32 of the | 3548 |
Revised Code, the court shall consider the offender's present and | 3549 |
future ability to pay the amount of the sanction or fine. | 3550 |
(6) If the sentencing court sentences the offender to a | 3551 |
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 3552 |
the Revised Code that is to be served in a local detention | 3553 |
facility, as defined in section 2929.36 of the Revised Code, and | 3554 |
if the local detention facility is covered by a policy adopted | 3555 |
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 3556 |
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code | 3557 |
and section 2929.37 of the Revised Code, both of the following | 3558 |
apply: | 3559 |
(a) The court shall specify both of the following as part of | 3560 |
the sentence: | 3561 |
(i) If the offender is presented with an itemized bill | 3562 |
pursuant to section 2929.37 of the Revised Code for payment of the | 3563 |
costs of confinement, the offender is required to pay the bill in | 3564 |
accordance with that section. | 3565 |
(ii) If the offender does not dispute the bill described in | 3566 |
division (B)(6)(a)(i) of this section and does not pay the bill by | 3567 |
the times specified in section 2929.37 of the Revised Code, the | 3568 |
clerk of the court may issue a certificate of judgment against the | 3569 |
offender as described in that section. | 3570 |
(b) The sentence automatically includes any certificate of | 3571 |
judgment issued as described in division (B)(6)(a)(ii) of this | 3572 |
section. | 3573 |
(7) The failure of the court to notify the offender that a | 3574 |
prison term is a mandatory prison term pursuant to division | 3575 |
(B)(2)(a) of this section or to include in the sentencing entry | 3576 |
any information required by division (B)(2)(b) of this section | 3577 |
does not affect the validity of the imposed sentence or sentences. | 3578 |
If the sentencing court notifies the offender at the sentencing | 3579 |
hearing that a prison term is mandatory but the sentencing entry | 3580 |
does not specify that the prison term is mandatory, the court may | 3581 |
complete a corrected journal entry and send copies of the | 3582 |
corrected entry to the offender and the department of | 3583 |
rehabilitation and correction, or, at the request of the state, | 3584 |
the court shall complete a corrected journal entry and send copies | 3585 |
of the corrected entry to the offender and department of | 3586 |
rehabilitation and correction. | 3587 |
(C)(1) If the offender is being sentenced for a fourth degree | 3588 |
felony OVI offense under division (G)(1) of section 2929.13 of the | 3589 |
Revised Code, the court shall impose the mandatory term of local | 3590 |
incarceration in accordance with that division, shall impose a | 3591 |
mandatory fine in accordance with division (B)(3) of section | 3592 |
2929.18 of the Revised Code, and, in addition, may impose | 3593 |
additional sanctions as specified in sections 2929.15, 2929.16, | 3594 |
2929.17, and 2929.18 of the Revised Code. The court shall not | 3595 |
impose a prison term on the offender except that the court may | 3596 |
impose a prison term upon the offender as provided in division | 3597 |
(A)(1) of section 2929.13 of the Revised Code. | 3598 |
(2) If the offender is being sentenced for a third or fourth | 3599 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 3600 |
of the Revised Code, the court shall impose the mandatory prison | 3601 |
term in accordance with that division, shall impose a mandatory | 3602 |
fine in accordance with division (B)(3) of section 2929.18 of the | 3603 |
Revised Code, and, in addition, may impose an additional prison | 3604 |
term as specified in section 2929.14 of the Revised Code. In | 3605 |
addition to the mandatory prison term or mandatory prison term and | 3606 |
additional prison term the court imposes, the court also may | 3607 |
impose a community control sanction on the offender, but the | 3608 |
offender shall serve all of the prison terms so imposed prior to | 3609 |
serving the community control sanction. | 3610 |
(D) The sentencing court, pursuant to division (I)(1) of | 3611 |
section 2929.14 of the Revised Code, may recommend placement of | 3612 |
the offender in a program of shock incarceration under section | 3613 |
5120.031 of the Revised Code or an intensive program prison under | 3614 |
section 5120.032 of the Revised Code, disapprove placement of the | 3615 |
offender in a program or prison of that nature, or make no | 3616 |
recommendation. If the court recommends or disapproves placement, | 3617 |
it shall make a finding that gives its reasons for its | 3618 |
recommendation or disapproval. | 3619 |
Sec. 2929.26. (A) Except when a mandatory jail term is | 3620 |
required by law, the court imposing a sentence for a misdemeanor, | 3621 |
other than a minor misdemeanor, may impose upon the offender any | 3622 |
community residential sanction or combination of community | 3623 |
residential sanctions under this section. Community residential | 3624 |
sanctions include, but are not limited to, the following: | 3625 |
(1) A term of up to one hundred eighty days in a halfway | 3626 |
house or a term in a halfway house not to exceed the longest jail | 3627 |
term available for the offense, whichever is shorter, if the | 3628 |
political subdivision that would have responsibility for paying | 3629 |
the costs of confining the offender in a jail has entered into a | 3630 |
contract with the halfway house for use of the facility for | 3631 |
misdemeanor offenders; | 3632 |
(2) | 3633 |
3634 | |
3635 | |
3636 | |
3637 | |
3638 |
| 3639 |
section 307.932 of the Revised Code, a term of up to sixty days in | 3640 |
a community alternative sentencing center or district community | 3641 |
alternative sentencing center established and operated in | 3642 |
accordance with that section, in the circumstances specified in | 3643 |
that section, with one of the conditions of the sanction being | 3644 |
that the offender complete in the center the entire term imposed. | 3645 |
(B) A sentence to a community residential sanction under | 3646 |
division (A)(3) of this section shall be in accordance with | 3647 |
section 307.932 of the Revised Code. In all other cases, the court | 3648 |
that sentences an offender to a community residential sanction | 3649 |
under this section may do either or both of the following: | 3650 |
(1) Permit the offender to serve the offender's sentence in | 3651 |
intermittent confinement, overnight, on weekends or at any other | 3652 |
time or times that will allow the offender to continue at the | 3653 |
offender's occupation or care for the offender's family; | 3654 |
(2) Authorize the offender to be released so that the | 3655 |
offender may seek or maintain employment, receive education or | 3656 |
training, receive treatment, perform community service, or | 3657 |
otherwise fulfill an obligation imposed by law or by the court. A | 3658 |
release pursuant to this division shall be only for the duration | 3659 |
of time that is needed to fulfill the purpose of the release and | 3660 |
for travel that reasonably is necessary to fulfill the purposes of | 3661 |
the release. | 3662 |
(C) The court may order that a reasonable portion of the | 3663 |
income earned by the offender upon a release pursuant to division | 3664 |
(B) of this section be applied to any financial sanction imposed | 3665 |
under section 2929.28 of the Revised Code. | 3666 |
(D) No court shall sentence any person to a prison term for a | 3667 |
misdemeanor or minor misdemeanor or to a jail term for a minor | 3668 |
misdemeanor. | 3669 |
(E) If a court sentences a person who has been convicted of | 3670 |
or pleaded guilty to a misdemeanor to a community residential | 3671 |
sanction as described in division (A) of this section, at the time | 3672 |
of reception and at other times the person in charge of the | 3673 |
operation of the halfway house, | 3674 |
community alternative sentencing center, district community | 3675 |
alternative sentencing center, or other place at which the | 3676 |
offender will serve the residential sanction determines to be | 3677 |
appropriate, the person in charge of the operation of the halfway | 3678 |
house, | 3679 |
sentencing center, district community alternative sentencing | 3680 |
center, or other place may cause the convicted offender to be | 3681 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 3682 |
including, but not limited to, hepatitis A, B, and C, and other | 3683 |
contagious diseases. The person in charge of the operation of the | 3684 |
halfway house, | 3685 |
alternative sentencing center, district community alternative | 3686 |
sentencing center, or other place at which the offender will serve | 3687 |
the residential sanction may cause a convicted offender in the | 3688 |
halfway house, | 3689 |
alternative sentencing center, district community alternative | 3690 |
sentencing center, or other place who refuses to be tested or | 3691 |
treated for tuberculosis, HIV infection, hepatitis, including, but | 3692 |
not limited to, hepatitis A, B, and C, or another contagious | 3693 |
disease to be tested and treated involuntarily. | 3694 |
(F) A political subdivision may enter into a contract with a | 3695 |
halfway house for use of the halfway house to house misdemeanor | 3696 |
offenders under a sanction imposed under division (A)(1) of this | 3697 |
section. | 3698 |
Sec. 2929.41. (A) Except as provided in division (B) of this | 3699 |
section, division | 3700 |
(E) of section 2971.03 of the Revised Code, a prison term, jail | 3701 |
term, or sentence of imprisonment shall be served concurrently | 3702 |
with any other prison term, jail term, or sentence of imprisonment | 3703 |
imposed by a court of this state, another state, or the United | 3704 |
States. Except as provided in division (B)(3) of this section, a | 3705 |
jail term or sentence of imprisonment for misdemeanor shall be | 3706 |
served concurrently with a prison term or sentence of imprisonment | 3707 |
for felony served in a state or federal correctional institution. | 3708 |
(B)(1) A jail term or sentence of imprisonment for a | 3709 |
misdemeanor shall be served consecutively to any other prison | 3710 |
term, jail term, or sentence of imprisonment when the trial court | 3711 |
specifies that it is to be served consecutively or when it is | 3712 |
imposed for a misdemeanor violation of section 2907.322, 2921.34, | 3713 |
or 2923.131 of the Revised Code. | 3714 |
When consecutive sentences are imposed for misdemeanor under | 3715 |
this division, the term to be served is the aggregate of the | 3716 |
consecutive terms imposed, except that the aggregate term to be | 3717 |
served shall not exceed eighteen months. | 3718 |
(2) If a court of this state imposes a prison term upon the | 3719 |
offender for the commission of a felony and a court of another | 3720 |
state or the United States also has imposed a prison term upon the | 3721 |
offender for the commission of a felony, the court of this state | 3722 |
may order that the offender serve the prison term it imposes | 3723 |
consecutively to any prison term imposed upon the offender by the | 3724 |
court of another state or the United States. | 3725 |
(3) A jail term or sentence of imprisonment imposed for a | 3726 |
misdemeanor violation of section 4510.11, 4510.14, 4510.16, | 3727 |
4510.21, or 4511.19 of the Revised Code shall be served | 3728 |
consecutively to a prison term that is imposed for a felony | 3729 |
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the | 3730 |
Revised Code or a felony violation of section 2903.04 of the | 3731 |
Revised Code involving the operation of a motor vehicle by the | 3732 |
offender and that is served in a state correctional institution | 3733 |
when the trial court specifies that it is to be served | 3734 |
consecutively. | 3735 |
When consecutive jail terms or sentences of imprisonment and | 3736 |
prison terms are imposed for one or more misdemeanors and one or | 3737 |
more felonies under this division, the term to be served is the | 3738 |
aggregate of the consecutive terms imposed, and the offender shall | 3739 |
serve all terms imposed for a felony before serving any term | 3740 |
imposed for a misdemeanor. | 3741 |
Sec. 2951.022. (A) As used in this section: | 3742 |
(1) "Concurrent supervision offender" means any offender who | 3743 |
has been sentenced to community control for one or more | 3744 |
misdemeanor violations or has been placed under a community | 3745 |
control sanction pursuant to section 2929.16, 2929.17, 2929.18, or | 3746 |
2929.20 of the Revised Code and who is simultaneously subject to | 3747 |
supervision by any of the following: | 3748 |
(a) Two or more municipal courts or county courts in this | 3749 |
state; | 3750 |
(b) Two or more courts of common pleas in this state; | 3751 |
(c) One or more courts of common pleas in this state and one | 3752 |
or more municipal courts or county courts in this state. | 3753 |
"Concurrent supervision offender" does not include a parolee | 3754 |
or releasee. | 3755 |
(2) "Parolee" and "releasee" have the same meanings as in | 3756 |
section 2967.01 of the Revised Code. | 3757 |
(B)(1) Except as otherwise provided in divisions (B)(2), (3), | 3758 |
and (4) of this section, a concurrent supervision offender shall | 3759 |
be supervised by the court of conviction that imposed the longest | 3760 |
possible sentence of incarceration and shall not be supervised by | 3761 |
any other court. | 3762 |
(2) In the case of a concurrent supervision offender subject | 3763 |
to supervision by two or more municipal or county courts in the | 3764 |
same county, the municipal or county court in the territorial | 3765 |
jurisdiction in which the offender resides shall supervise the | 3766 |
offender. In the case of a concurrent supervision offender subject | 3767 |
to supervision by a municipal court or county court and a court of | 3768 |
common pleas for two or more equal possible sentences, the | 3769 |
municipal or county court shall supervise the offender. In the | 3770 |
case of a concurrent supervision offender subject to supervision | 3771 |
by two or more courts of common pleas in separate counties in this | 3772 |
state, the court that lies within the same territorial | 3773 |
jurisdiction in which the offender resides shall supervise the | 3774 |
offender. | 3775 |
(3) Separate courts within the same county may enter into an | 3776 |
agreement or adopt local rules of procedure specifying, generally, | 3777 |
that concurrent supervision offenders will be supervised in a | 3778 |
manner other than that provided for in divisions (B)(1) and (2) of | 3779 |
this section. The judges of the various courts of this state | 3780 |
having authority to supervise a concurrent supervision offender | 3781 |
may by local rule authorize the chief probation officer of that | 3782 |
court to manage concurrent supervision offenders under such terms | 3783 |
and guidelines as are consistent with division (C) of this | 3784 |
section. | 3785 |
(4)(a) The judges of the various courts of this state having | 3786 |
jurisdiction over a concurrent supervision offender may agree by | 3787 |
journal entry to transfer jurisdiction over a concurrent | 3788 |
supervision offender from one court to another court in any manner | 3789 |
the courts consider appropriate, if the offender is supervised by | 3790 |
only a single supervising authority at all times. An agreement to | 3791 |
transfer supervision of an offender under division (B)(4)(a) of | 3792 |
this section shall not take effect until approved by every court | 3793 |
having authority to supervise the offender and may provide for the | 3794 |
transfer of supervision to the offender's jurisdiction of | 3795 |
residence whether or not the offender was subject to supervision | 3796 |
in that jurisdiction prior to transfer. In the case of a | 3797 |
subsequent conviction in a court other than the supervising court, | 3798 |
the supervising court may agree to accept a transfer of | 3799 |
jurisdiction from the court of conviction prior to sentencing and | 3800 |
proceed to sentence the offender according to law. | 3801 |
(b) If the judges of the various courts of this state having | 3802 |
authority to supervise a concurrent supervision offender cannot | 3803 |
reach agreement with respect to the supervision of the offender, | 3804 |
the offender may be subject to concurrent supervision in the | 3805 |
interest of justice upon the courts' consideration of the | 3806 |
provisions set forth in division (C) of this section. | 3807 |
(C) In determining whether a court maintains authority to | 3808 |
supervise an offender or transfers authority to supervise the | 3809 |
offender pursuant to division (B)(3) or (4) of this section, the | 3810 |
court shall consider all of the following: | 3811 |
(1) The safety of the community; | 3812 |
(2) The risk that the offender might reoffend; | 3813 |
(3) The nature of the offenses committed by the offender; | 3814 |
(4) The likelihood that the offender will remain in the | 3815 |
jurisdiction; | 3816 |
(5) The ability of the offender to travel to and from the | 3817 |
offender's residence and place of employment or school to the | 3818 |
offices of the supervising authority; | 3819 |
(6) The resources for residential and nonresidential | 3820 |
sanctions or rehabilitative treatment available to the various | 3821 |
courts having supervising authority; | 3822 |
(7) Any other factors consistent with the purposes of | 3823 |
sentencing. | 3824 |
(D) The court having sole authority over a concurrent | 3825 |
supervision offender pursuant to this section shall have complete | 3826 |
authority for enforcement of any financial obligations imposed by | 3827 |
any other court, shall set a payment schedule consistent with the | 3828 |
offender's ability to pay, and shall cause payments of the | 3829 |
offender's financial obligations to be directed to the sentencing | 3830 |
court in proportion to the total amounts ordered by all sentencing | 3831 |
courts, or as otherwise agreed by the sentencing courts. Financial | 3832 |
obligations include financial sanctions imposed pursuant to | 3833 |
sections 2929.18 and 2929.28 of the Revised Code, court costs, and | 3834 |
any other financial order or fee imposed by a sentencing court. A | 3835 |
supervision fee may be charged only by the agency providing | 3836 |
supervision of the case. | 3837 |
(E) Unless the local residential sanction is suspended, the | 3838 |
offender shall complete any local residential sanction before | 3839 |
jurisdiction is transferred in accordance with this section. The | 3840 |
supervising court shall respect all conditions of supervision | 3841 |
established by a sentencing court, but any conflicting or | 3842 |
inconsistent order of the supervising court shall supersede any | 3843 |
other order of a sentencing court. In the case of a concurrent | 3844 |
supervision offender, the supervising court shall determine when | 3845 |
supervision will be terminated but shall not terminate supervision | 3846 |
until all financial obligations are paid or otherwise resolved. | 3847 |
Any unpaid financial obligation is a judgment in favor of the | 3848 |
state or a political subdivision in which the court that imposed | 3849 |
the financial sanction is located, and the offender subject to the | 3850 |
financial sanction is the judgment debtor pursuant to sections | 3851 |
2929.18 and 2929.28 of the Revised Code. | 3852 |
(F) The adult parole authority and one or more courts may | 3853 |
enter into an agreement whereby a releasee or parolee who is | 3854 |
simultaneously under the supervision of the adult parole authority | 3855 |
and the court or courts is supervised exclusively by either the | 3856 |
authority or a court. | 3857 |
Sec. 2953.08. (A) In addition to any other right to appeal | 3858 |
and except as provided in division (D) of this section, a | 3859 |
defendant who is convicted of or pleads guilty to a felony may | 3860 |
appeal as a matter of right the sentence imposed upon the | 3861 |
defendant on one of the following grounds: | 3862 |
(1) The sentence consisted of or included the maximum prison | 3863 |
term allowed for the offense by division (A) of section 2929.14 or | 3864 |
section 2929.142 of the Revised Code, the maximum prison term was | 3865 |
not required for the offense pursuant to Chapter 2925. or any | 3866 |
other provision of the Revised Code, and the court imposed the | 3867 |
sentence under one of the following circumstances: | 3868 |
(a) The sentence was imposed for only one offense. | 3869 |
(b) The sentence was imposed for two or more offenses arising | 3870 |
out of a single incident, and the court imposed the maximum prison | 3871 |
term for the offense of the highest degree. | 3872 |
(2) The sentence consisted of or included a prison term, the | 3873 |
offense for which it was imposed is a felony of the fourth or | 3874 |
fifth degree or is a felony drug offense that is a violation of a | 3875 |
provision of Chapter 2925. of the Revised Code and that is | 3876 |
specified as being subject to division (B) of section 2929.13 of | 3877 |
the Revised Code for purposes of sentencing, and the court did not | 3878 |
specify at sentencing that it found one or more factors specified | 3879 |
in divisions (B) | 3880 |
Code to apply relative to the defendant. If the court specifies | 3881 |
that it found one or more of those factors to apply relative to | 3882 |
the defendant, the defendant is not entitled under this division | 3883 |
to appeal as a matter of right the sentence imposed upon the | 3884 |
offender. | 3885 |
(3) The person was convicted of or pleaded guilty to a | 3886 |
violent sex offense or a designated homicide, assault, or | 3887 |
kidnapping offense, was adjudicated a sexually violent predator in | 3888 |
relation to that offense, and was sentenced pursuant to division | 3889 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 3890 |
of the indefinite term imposed pursuant to division (A)(3) of | 3891 |
section 2971.03 of the Revised Code is the longest term available | 3892 |
for the offense from among the range of terms listed in section | 3893 |
2929.14 of the Revised Code. As used in this division, "designated | 3894 |
homicide, assault, or kidnapping offense" and "violent sex | 3895 |
offense" have the same meanings as in section 2971.01 of the | 3896 |
Revised Code. As used in this division, "adjudicated a sexually | 3897 |
violent predator" has the same meaning as in section 2929.01 of | 3898 |
the Revised Code, and a person is "adjudicated a sexually violent | 3899 |
predator" in the same manner and the same circumstances as are | 3900 |
described in that section. | 3901 |
(4) The sentence is contrary to law. | 3902 |
(5) The sentence consisted of an additional prison term of | 3903 |
ten years imposed pursuant to division (B)(2)(a) of section | 3904 |
2929.14 of the Revised Code. | 3905 |
(B) In addition to any other right to appeal and except as | 3906 |
provided in division (D) of this section, a prosecuting attorney, | 3907 |
a city director of law, village solicitor, or similar chief legal | 3908 |
officer of a municipal corporation, or the attorney general, if | 3909 |
one of those persons prosecuted the case, may appeal as a matter | 3910 |
of right a sentence imposed upon a defendant who is convicted of | 3911 |
or pleads guilty to a felony or, in the circumstances described in | 3912 |
division (B)(3) of this section the modification of a sentence | 3913 |
imposed upon such a defendant, on any of the following grounds: | 3914 |
(1) The sentence did not include a prison term despite a | 3915 |
presumption favoring a prison term for the offense for which it | 3916 |
was imposed, as set forth in section 2929.13 or Chapter 2925. of | 3917 |
the Revised Code. | 3918 |
(2) The sentence is contrary to law. | 3919 |
(3) The sentence is a modification under section 2929.20 of | 3920 |
the Revised Code of a sentence that was imposed for a felony of | 3921 |
the first or second degree. | 3922 |
(C)(1) In addition to the right to appeal a sentence granted | 3923 |
under division (A) or (B) of this section, a defendant who is | 3924 |
convicted of or pleads guilty to a felony may seek leave to appeal | 3925 |
a sentence imposed upon the defendant on the basis that the | 3926 |
sentencing judge has imposed consecutive sentences under division | 3927 |
(C)(3) of section 2929.14 of the Revised Code and that the | 3928 |
consecutive sentences exceed the maximum prison term allowed by | 3929 |
division (A) of that section for the most serious offense of which | 3930 |
the defendant was convicted. Upon the filing of a motion under | 3931 |
this division, the court of appeals may grant leave to appeal the | 3932 |
sentence if the court determines that the allegation included as | 3933 |
the basis of the motion is true. | 3934 |
(2) A defendant may seek leave to appeal an additional | 3935 |
sentence imposed upon the defendant pursuant to division (B)(2)(a) | 3936 |
or (b) of section 2929.14 of the Revised Code if the additional | 3937 |
sentence is for a definite prison term that is longer than five | 3938 |
years. | 3939 |
(D)(1) A sentence imposed upon a defendant is not subject to | 3940 |
review under this section if the sentence is authorized by law, | 3941 |
has been recommended jointly by the defendant and the prosecution | 3942 |
in the case, and is imposed by a sentencing judge. | 3943 |
(2) Except as provided in division (C)(2) of this section, a | 3944 |
sentence imposed upon a defendant is not subject to review under | 3945 |
this section if the sentence is imposed pursuant to division | 3946 |
(B)(2)(b) of section 2929.14 of the Revised Code. Except as | 3947 |
otherwise provided in this division, a defendant retains all | 3948 |
rights to appeal as provided under this chapter or any other | 3949 |
provision of the Revised Code. A defendant has the right to appeal | 3950 |
under this chapter or any other provision of the Revised Code the | 3951 |
court's application of division (B)(2)(c) of section 2929.14 of | 3952 |
the Revised Code. | 3953 |
(3) A sentence imposed for aggravated murder or murder | 3954 |
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not | 3955 |
subject to review under this section. | 3956 |
(E) A defendant, prosecuting attorney, city director of law, | 3957 |
village solicitor, or chief municipal legal officer shall file an | 3958 |
appeal of a sentence under this section to a court of appeals | 3959 |
within the time limits specified in Rule 4(B) of the Rules of | 3960 |
Appellate Procedure, provided that if the appeal is pursuant to | 3961 |
division (B)(3) of this section, the time limits specified in that | 3962 |
rule shall not commence running until the court grants the motion | 3963 |
that makes the sentence modification in question. A sentence | 3964 |
appeal under this section shall be consolidated with any other | 3965 |
appeal in the case. If no other appeal is filed, the court of | 3966 |
appeals may review only the portions of the trial record that | 3967 |
pertain to sentencing. | 3968 |
(F) On the appeal of a sentence under this section, the | 3969 |
record to be reviewed shall include all of the following, as | 3970 |
applicable: | 3971 |
(1) Any presentence, psychiatric, or other investigative | 3972 |
report that was submitted to the court in writing before the | 3973 |
sentence was imposed. An appellate court that reviews a | 3974 |
presentence investigation report prepared pursuant to section | 3975 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 3976 |
connection with the appeal of a sentence under this section shall | 3977 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 3978 |
when the appellate court is not using the presentence | 3979 |
investigation report, and the appellate court's use of a | 3980 |
presentence investigation report of that nature in connection with | 3981 |
the appeal of a sentence under this section does not affect the | 3982 |
otherwise confidential character of the contents of that report as | 3983 |
described in division (D)(1) of section 2951.03 of the Revised | 3984 |
Code and does not cause that report to become a public record, as | 3985 |
defined in section 149.43 of the Revised Code, following the | 3986 |
appellate court's use of the report. | 3987 |
(2) The trial record in the case in which the sentence was | 3988 |
imposed; | 3989 |
(3) Any oral or written statements made to or by the court at | 3990 |
the sentencing hearing at which the sentence was imposed; | 3991 |
(4) Any written findings that the court was required to make | 3992 |
in connection with the modification of the sentence pursuant to a | 3993 |
judicial release under division (I) of section 2929.20 of the | 3994 |
Revised Code. | 3995 |
(G)(1) If the sentencing court was required to make the | 3996 |
findings required by division (B) or (D) of section 2929.13 or | 3997 |
division (I) of section 2929.20 of the Revised Code, or to state | 3998 |
the findings of the trier of fact required by division (B)(2)(e) | 3999 |
of section 2929.14 of the Revised Code, relative to the imposition | 4000 |
or modification of the sentence, and if the sentencing court | 4001 |
failed to state the required findings on the record, the court | 4002 |
hearing an appeal under division (A), (B), or (C) of this section | 4003 |
shall remand the case to the sentencing court and instruct the | 4004 |
sentencing court to state, on the record, the required findings. | 4005 |
(2) The court hearing an appeal under division (A), (B), or | 4006 |
(C) of this section shall review the record, including the | 4007 |
findings underlying the sentence or modification given by the | 4008 |
sentencing court. | 4009 |
The appellate court may increase, reduce, or otherwise modify | 4010 |
a sentence that is appealed under this section or may vacate the | 4011 |
sentence and remand the matter to the sentencing court for | 4012 |
resentencing. The appellate court's standard for review is not | 4013 |
whether the sentencing court abused its discretion. The appellate | 4014 |
court may take any action authorized by this division if it | 4015 |
clearly and convincingly finds either of the following: | 4016 |
(a) That the record does not support the sentencing court's | 4017 |
findings under division (B) or (D) of section 2929.13, division | 4018 |
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section | 4019 |
2929.20 of the Revised Code, whichever, if any, is relevant; | 4020 |
(b) That the sentence is otherwise contrary to law. | 4021 |
(H) A judgment or final order of a court of appeals under | 4022 |
this section may be appealed, by leave of court, to the supreme | 4023 |
court. | 4024 |
(I)(1) There is hereby established the felony sentence appeal | 4025 |
cost oversight committee, consisting of eight members. One member | 4026 |
shall be the chief justice of the supreme court or a | 4027 |
representative of the court designated by the chief justice, one | 4028 |
member shall be a member of the senate appointed by the president | 4029 |
of the senate, one member shall be a member of the house of | 4030 |
representatives appointed by the speaker of the house of | 4031 |
representatives, one member shall be the director of budget and | 4032 |
management or a representative of the office of budget and | 4033 |
management designated by the director, one member shall be a judge | 4034 |
of a court of appeals, court of common pleas, municipal court, or | 4035 |
county court appointed by the chief justice of the supreme court, | 4036 |
one member shall be the state public defender or a representative | 4037 |
of the office of the state public defender designated by the state | 4038 |
public defender, one member shall be a prosecuting attorney | 4039 |
appointed by the Ohio prosecuting attorneys association, and one | 4040 |
member shall be a county commissioner appointed by the county | 4041 |
commissioners association of Ohio. No more than three of the | 4042 |
appointed members of the committee may be members of the same | 4043 |
political party. | 4044 |
The president of the senate, the speaker of the house of | 4045 |
representatives, the chief justice of the supreme court, the Ohio | 4046 |
prosecuting attorneys association, and the county commissioners | 4047 |
association of Ohio shall make the initial appointments to the | 4048 |
committee of the appointed members no later than ninety days after | 4049 |
July 1, 1996. Of those initial appointments to the committee, the | 4050 |
members appointed by the speaker of the house of representatives | 4051 |
and the Ohio prosecuting attorneys association shall serve a term | 4052 |
ending two years after July 1, 1996, the member appointed by the | 4053 |
chief justice of the supreme court shall serve a term ending three | 4054 |
years after July 1, 1996, and the members appointed by the | 4055 |
president of the senate and the county commissioners association | 4056 |
of Ohio shall serve terms ending four years after July 1, 1996. | 4057 |
Thereafter, terms of office of the appointed members shall be for | 4058 |
four years, with each term ending on the same day of the same | 4059 |
month as did the term that it succeeds. Members may be | 4060 |
reappointed. Vacancies shall be filled in the same manner provided | 4061 |
for original appointments. A member appointed to fill a vacancy | 4062 |
occurring prior to the expiration of the term for which that | 4063 |
member's predecessor was appointed shall hold office as a member | 4064 |
for the remainder of the predecessor's term. An appointed member | 4065 |
shall continue in office subsequent to the expiration date of that | 4066 |
member's term until that member's successor takes office or until | 4067 |
a period of sixty days has elapsed, whichever occurs first. | 4068 |
If the chief justice of the supreme court, the director of | 4069 |
the office of budget and management, or the state public defender | 4070 |
serves as a member of the committee, that person's term of office | 4071 |
as a member shall continue for as long as that person holds office | 4072 |
as chief justice, director of the office of budget and management, | 4073 |
or state public defender. If the chief justice of the supreme | 4074 |
court designates a representative of the court to serve as a | 4075 |
member, the director of budget and management designates a | 4076 |
representative of the office of budget and management to serve as | 4077 |
a member, or the state public defender designates a representative | 4078 |
of the office of the state public defender to serve as a member, | 4079 |
the person so designated shall serve as a member of the commission | 4080 |
for as long as the official who made the designation holds office | 4081 |
as chief justice, director of the office of budget and management, | 4082 |
or state public defender or until that official revokes the | 4083 |
designation. | 4084 |
The chief justice of the supreme court or the representative | 4085 |
of the supreme court appointed by the chief justice shall serve as | 4086 |
chairperson of the committee. The committee shall meet within two | 4087 |
weeks after all appointed members have been appointed and shall | 4088 |
organize as necessary. Thereafter, the committee shall meet at | 4089 |
least once every six months or more often upon the call of the | 4090 |
chairperson or the written request of three or more members, | 4091 |
provided that the committee shall not meet unless moneys have been | 4092 |
appropriated to the judiciary budget administered by the supreme | 4093 |
court specifically for the purpose of providing financial | 4094 |
assistance to counties under division (I)(2) of this section and | 4095 |
the moneys so appropriated then are available for that purpose. | 4096 |
The members of the committee shall serve without | 4097 |
compensation, but, if moneys have been appropriated to the | 4098 |
judiciary budget administered by the supreme court specifically | 4099 |
for the purpose of providing financial assistance to counties | 4100 |
under division (I)(2) of this section, each member shall be | 4101 |
reimbursed out of the moneys so appropriated that then are | 4102 |
available for actual and necessary expenses incurred in the | 4103 |
performance of official duties as a committee member. | 4104 |
(2) The state criminal sentencing commission periodically | 4105 |
shall provide to the felony sentence appeal cost oversight | 4106 |
committee all data the commission collects pursuant to division | 4107 |
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the | 4108 |
data from the state criminal sentencing commission, the felony | 4109 |
sentence appeal cost oversight committee periodically shall review | 4110 |
the data; determine whether any money has been appropriated to the | 4111 |
judiciary budget administered by the supreme court specifically | 4112 |
for the purpose of providing state financial assistance to | 4113 |
counties in accordance with this division for the increase in | 4114 |
expenses the counties experience as a result of the felony | 4115 |
sentence appeal provisions set forth in this section or as a | 4116 |
result of a postconviction relief proceeding brought under | 4117 |
division (A)(2) of section 2953.21 of the Revised Code or an | 4118 |
appeal of a judgment in that proceeding; if it determines that any | 4119 |
money has been so appropriated, determine the total amount of | 4120 |
moneys that have been so appropriated specifically for that | 4121 |
purpose and that then are available for that purpose; and develop | 4122 |
a recommended method of distributing those moneys to the counties. | 4123 |
The committee shall send a copy of its recommendation to the | 4124 |
supreme court. Upon receipt of the committee's recommendation, the | 4125 |
supreme court shall distribute to the counties, based upon that | 4126 |
recommendation, the moneys that have been so appropriated | 4127 |
specifically for the purpose of providing state financial | 4128 |
assistance to counties under this division and that then are | 4129 |
available for that purpose. | 4130 |
Sec. 2961.22. (A)(1) Any prisoner serving a prison term in a | 4131 |
state correctional institution who satisfies all of the following | 4132 |
is eligible to apply to the department of rehabilitation and | 4133 |
correction at a time specified in division (A)(2) of this section | 4134 |
and in accordance with division (D) of this section for a | 4135 |
certificate of achievement and employability: | 4136 |
(a) The prisoner has satisfactorily completed one or more | 4137 |
in-prison vocational programs approved by rule by the department | 4138 |
of rehabilitation and correction. | 4139 |
(b) The prisoner has demonstrated exemplary performance as | 4140 |
determined by completion of one or more cognitive or behavioral | 4141 |
improvement programs approved by rule by the department while | 4142 |
incarcerated in a state correctional institution, while under | 4143 |
supervision, or during both periods of time. | 4144 |
(c) The prisoner has completed community service hours. | 4145 |
(d) The prisoner shows other evidence of achievement and | 4146 |
rehabilitation while under the jurisdiction of the department. | 4147 |
(2) An eligible prisoner may apply to the department of | 4148 |
rehabilitation and correction under division (A)(1) of this | 4149 |
section for a certificate of achievement and employability no | 4150 |
earlier than one year prior to the date scheduled for the release | 4151 |
of the prisoner from department custody and no later than the date | 4152 |
of release of the prisoner. | 4153 |
(B)(1) Any prisoner who has been released from a state | 4154 |
correctional institution, who is under supervision on parole or | 4155 |
under a post-release control sanction, and who satisfies all of | 4156 |
the criteria set forth in division (A)(1) of this section is | 4157 |
eligible to apply to the adult parole authority at a time | 4158 |
specified in division (B)(2) of this section and in accordance | 4159 |
with division (D) of this section for a certificate of achievement | 4160 |
and employability. | 4161 |
(2) An eligible prisoner may apply to the adult parole | 4162 |
authority under division (B)(1) of this section for a certificate | 4163 |
of achievement and employability at any time while the prisoner is | 4164 |
under supervision on parole or under a post-release control | 4165 |
sanction. | 4166 |
(C)(1) An eligible prisoner may apply to the department of | 4167 |
rehabilitation and correction or to the adult parole authority at | 4168 |
a time specified in division (A) or (B) of this section, whichever | 4169 |
is applicable, for a certificate of achievement and employability | 4170 |
that grants the prisoner relief from one or more mandatory civil | 4171 |
impacts that would affect a potential job within a field in which | 4172 |
the prisoner trained as part of the prisoner's in-prison | 4173 |
vocational program. The prisoner shall specify the mandatory civil | 4174 |
impacts from which the prisoner is requesting relief under the | 4175 |
certificate. Upon application by a prisoner in accordance with | 4176 |
this division, if the mandatory civil impact of any licensing | 4177 |
agency would be affected by the issuance of the certificate to the | 4178 |
prisoner, the department or authority shall notify the licensing | 4179 |
agency of the filing of the application, provide the licensing | 4180 |
agency with a copy of the application and all evidence that the | 4181 |
department, authority, or court has regarding the prisoner, and | 4182 |
afford the licensing agency with an opportunity to object in | 4183 |
writing to the issuance of the certificate to the prisoner. | 4184 |
(2) Upon application by a prisoner in accordance with | 4185 |
division (C)(1) of this section, the department of rehabilitation | 4186 |
and correction or the adult parole authority, whichever is | 4187 |
applicable, shall consider the application and all objections to | 4188 |
the issuance of a certificate of achievement and employability to | 4189 |
the prisoner, if any, that were made by a licensing agency under | 4190 |
division (C)(1) of this section. If the department or authority | 4191 |
determines that the prisoner is an eligible prisoner, that the | 4192 |
application was filed at a time specified in division (B) of this | 4193 |
section, and that any licensing agency objections to the issuance | 4194 |
of the certificate to the prisoner are not sufficient to deny the | 4195 |
issuance of the certificate to the prisoner, subject to division | 4196 |
(C)(3) of this section, the department or authority shall issue | 4197 |
the prisoner a certificate of achievement and employability that | 4198 |
grants the prisoner relief from the mandatory civil impacts that | 4199 |
are specified in the prisoner's application and that would affect | 4200 |
a potential job within a field in which the prisoner trained as | 4201 |
part of the prisoner's in-prison vocational program. | 4202 |
(3) The mandatory civil impacts identified in division (A)(1) | 4203 |
of section 2961.01 and in division (B) of section 2961.02 of the | 4204 |
Revised Code shall not be affected by any certificate of | 4205 |
achievement and employability issued under this section. No | 4206 |
certificate of achievement and employability issued to a prisoner | 4207 |
under this section grants the prisoner relief from the mandatory | 4208 |
civil impacts identified in division (A)(1) of section 2961.01 and | 4209 |
in division (B) of section 2961.02 of the Revised Code. | 4210 |
| 4211 |
adopt rules that define in-prison vocational programs and | 4212 |
cognitive or behavioral improvement programs that a prisoner may | 4213 |
complete to satisfy the criteria described in divisions (A)(1)(a) | 4214 |
and (b) of this section. | 4215 |
(E) The department of rehabilitation and correction and the | 4216 |
adult parole authority shall not be liable for any claim for | 4217 |
damages arising from the department's or authority's issuance, | 4218 |
denial, or revocation of a certificate of achievement and | 4219 |
employability or for the department's or authority's failure to | 4220 |
revoke a certificate of achievement and employability under the | 4221 |
circumstances described in section 2961.24 of the Revised Code. | 4222 |
Sec. 2967.03. The adult parole authority may exercise its | 4223 |
functions and duties in relation to the pardon, commutation of | 4224 |
sentence, or reprieve of a convict upon direction of the governor | 4225 |
or upon its own initiative. It may exercise its functions and | 4226 |
duties in relation to the parole of a prisoner who is eligible for | 4227 |
parole upon the initiative of the head of the institution in which | 4228 |
the prisoner is confined or upon its own initiative. When a | 4229 |
prisoner becomes eligible for parole, the head of the institution | 4230 |
in which the prisoner is confined shall notify the authority in | 4231 |
the manner prescribed by the authority. The authority may | 4232 |
investigate and examine, or cause the investigation and | 4233 |
examination of, prisoners confined in state correctional | 4234 |
institutions concerning their conduct in the institutions, their | 4235 |
mental and moral qualities and characteristics, their knowledge of | 4236 |
a trade or profession, their former means of livelihood, their | 4237 |
family relationships, and any other matters affecting their | 4238 |
fitness to be at liberty without being a threat to society. | 4239 |
The authority may recommend to the governor the pardon, | 4240 |
commutation of sentence, | 4241 |
convict or prisoner or grant a parole to any prisoner for whom | 4242 |
parole is authorized, if in its judgment there is reasonable | 4243 |
ground to believe that granting a pardon, commutation, | 4244 |
4245 | |
further the interests of justice and be consistent with the | 4246 |
welfare and security of society. However, the authority shall not | 4247 |
recommend a pardon | 4248 |
4249 | |
authority has complied with the applicable notice requirements of | 4250 |
sections 2930.16 and 2967.12 of the Revised Code and until it has | 4251 |
considered any statement made by a victim or a victim's | 4252 |
representative that is relevant to the convict's or prisoner's | 4253 |
case and that was sent to the authority pursuant to section | 4254 |
2930.17 of the Revised Code, any other statement made by a victim | 4255 |
or a victim's representative that is relevant to the convict's or | 4256 |
prisoner's case and that was received by the authority after it | 4257 |
provided notice of the pendency of the action under sections | 4258 |
2930.16 and 2967.12 of the Revised Code, and any written statement | 4259 |
of any person submitted to the court pursuant to division (G) of | 4260 |
section 2967.12 of the Revised Code. If a victim, victim's | 4261 |
representative, or the victim's spouse, parent, sibling, or child | 4262 |
appears at a full board hearing of the parole board and gives | 4263 |
testimony as authorized by section 5149.101 of the Revised Code, | 4264 |
the authority shall consider the testimony in determining whether | 4265 |
to grant a parole. The trial judge and prosecuting attorney of the | 4266 |
trial court in which a person was convicted shall furnish to the | 4267 |
authority, at the request of the authority, a summarized statement | 4268 |
of the facts proved at the trial and of all other facts having | 4269 |
reference to the propriety of recommending a pardon | 4270 |
commutation | 4271 |
with a recommendation for or against a pardon, commutation, | 4272 |
4273 | |
recommendation. The trial judge, the prosecuting attorney, | 4274 |
specified law enforcement agency members, and a representative of | 4275 |
the prisoner may appear at a full board hearing of the parole | 4276 |
board and give testimony in regard to the grant of a parole to the | 4277 |
prisoner as authorized by section 5149.101 of the Revised Code. | 4278 |
All state and local officials shall furnish information to the | 4279 |
authority, when so requested by it in the performance of its | 4280 |
duties. | 4281 |
The adult parole authority shall exercise its functions and | 4282 |
duties in relation to the release of prisoners who are serving a | 4283 |
stated prison term in accordance with section 2967.28 of the | 4284 |
Revised Code. | 4285 |
Sec. 2967.05. (A) As used in this section: | 4286 |
(1) "Imminent danger of death" means that the inmate has a | 4287 |
medically diagnosable condition that will cause death to occur | 4288 |
within a short period of time. | 4289 |
As used in division (A)(1) of this section, "within a short | 4290 |
period of time" means generally within six months. | 4291 |
(2)(a) "Medically incapacitated" means any diagnosable | 4292 |
medical condition, including mental dementia and severe, permanent | 4293 |
medical or cognitive disability, that prevents the inmate from | 4294 |
completing activities of daily living without significant | 4295 |
assistance, that incapacitates the inmate to the extent that | 4296 |
institutional confinement does not offer additional restrictions, | 4297 |
that is likely to continue throughout the entire period of parole, | 4298 |
and that is unlikely to improve noticeably. | 4299 |
(b) "Medically incapacitated" does not include conditions | 4300 |
related solely to mental illness unless the mental illness is | 4301 |
accompanied by injury, disease, or organic defect. | 4302 |
(3)(a) "Terminal illness" means a condition that satisfies | 4303 |
all of the following criteria: | 4304 |
(i) The condition is irreversible and incurable and is caused | 4305 |
by disease, illness, or injury from which the inmate is unlikely | 4306 |
to recover. | 4307 |
(ii) In accordance with reasonable medical standards and a | 4308 |
reasonable degree of medical certainty, the condition is likely to | 4309 |
cause death to the inmate within twelve months. | 4310 |
(iii) Institutional confinement of the inmate does not offer | 4311 |
additional protections for public safety or against the inmate's | 4312 |
risk to reoffend. | 4313 |
(b) The department of rehabilitation and correction shall | 4314 |
adopt rules pursuant to Chapter 119. of the Revised Code to | 4315 |
implement the definition of "terminal illness" in division | 4316 |
(A)(3)(a) of this section. | 4317 |
(B) Upon the recommendation of the director of rehabilitation | 4318 |
and correction, accompanied by a certificate of the attending | 4319 |
physician that an inmate is terminally ill, medically | 4320 |
incapacitated, or in imminent danger of death, the governor may | 4321 |
order the inmate's release as if on parole, reserving the right to | 4322 |
return the inmate to the institution pursuant to this section. If, | 4323 |
subsequent to the inmate's release, the inmate's health improves | 4324 |
so that the inmate is no longer terminally ill, medically | 4325 |
incapacitated, or in imminent danger of death, the inmate shall be | 4326 |
returned, by order of the governor, to the institution from which | 4327 |
the inmate was released. If the inmate violates any rules or | 4328 |
conditions applicable to the inmate, the inmate may be returned to | 4329 |
an institution under the control of the department of | 4330 |
rehabilitation and correction. The governor may direct the adult | 4331 |
parole authority to investigate or cause to be investigated the | 4332 |
inmate and make a recommendation | 4333 |
4334 | |
section shall be subject to supervision by the adult parole | 4335 |
authority in accordance with any recommendation of the adult | 4336 |
parole authority that is approved by the governor. The adult | 4337 |
parole authority shall adopt rules pursuant to section 119.03 of | 4338 |
the Revised Code to establish the procedure for medical release of | 4339 |
an inmate when an inmate is terminally ill, medically | 4340 |
incapacitated, or in imminent danger of death. | 4341 |
(C) No inmate is eligible for release under this section if | 4342 |
the inmate is serving a death sentence, a sentence of life without | 4343 |
parole, a sentence under Chapter 2971. of the Revised Code for a | 4344 |
felony of the first or second degree, a sentence for aggravated | 4345 |
murder or murder, or a mandatory prison term for an offense of | 4346 |
violence or any specification described in Chapter 2941. of the | 4347 |
Revised Code. | 4348 |
Sec. 2967.14. (A) The department of rehabilitation and | 4349 |
correction or the adult parole authority may require or allow a | 4350 |
parolee, a releasee, or a prisoner otherwise released from a state | 4351 |
correctional institution to reside in a halfway house or other | 4352 |
suitable community residential center that has been licensed by | 4353 |
the division of parole and community services pursuant to division | 4354 |
(C) of this section during a part or for the entire period of the | 4355 |
offender's or parolee's conditional release or of the releasee's | 4356 |
term of post-release control. The court of common pleas that | 4357 |
placed an offender under a sanction consisting of a term in a | 4358 |
halfway house or in an alternative residential sanction may | 4359 |
require the offender to reside in a halfway house or other | 4360 |
suitable community residential center that is designated by the | 4361 |
court and that has been licensed by the division pursuant to | 4362 |
division (C) of this section during a part or for the entire | 4363 |
period of the offender's residential sanction. | 4364 |
(B) The division of parole and community services may | 4365 |
negotiate and enter into agreements with any public or private | 4366 |
agency or a department or political subdivision of the state that | 4367 |
operates a halfway house, reentry center, or community residential | 4368 |
center that has been licensed by the division pursuant to division | 4369 |
(C) of this section. An agreement under this division shall | 4370 |
provide for the purchase of beds, shall set limits of supervision | 4371 |
and levels of occupancy, and shall determine the scope of services | 4372 |
for all eligible offenders, including those subject to a | 4373 |
residential sanction, as defined in rules adopted by the director | 4374 |
of rehabilitation and correction in accordance with Chapter 119. | 4375 |
of the Revised Code, or those released from prison without | 4376 |
supervision. The payments for beds and services shall not exceed | 4377 |
the total operating costs of the halfway house, reentry center, or | 4378 |
community residential center during the term of an agreement. The | 4379 |
director of rehabilitation and correction shall adopt rules in | 4380 |
accordance with Chapter 119. of the Revised Code for determining | 4381 |
includable and excludable costs and income to be used in computing | 4382 |
the agency's average daily per capita costs with its facility at | 4383 |
full occupancy. | 4384 |
The | 4385 |
shall adopt rules providing for the use of no more than | 4386 |
fifteen per cent of the amount appropriated to the department each | 4387 |
fiscal year for the halfway house, reentry center, and community | 4388 |
residential center program to pay for contracts with licensed | 4389 |
halfway houses for nonresidential services for offenders under the | 4390 |
supervision of the adult parole authority, including but not | 4391 |
limited to, offenders supervised pursuant to an agreement entered | 4392 |
into by the adult parole authority and a court of common pleas | 4393 |
under section 2301.32 of the Revised Code. The nonresidential | 4394 |
services may include, but are not limited to, treatment for | 4395 |
substance abuse, mental health counseling, counseling for sex | 4396 |
offenders, | 4397 |
other nonresidential services that the director identifies by | 4398 |
rule. | 4399 |
(C) The division of parole and community services may license | 4400 |
a halfway house, reentry center, or community residential center | 4401 |
as a suitable facility for the care and treatment of adult | 4402 |
offenders, including offenders sentenced under section 2929.16 or | 4403 |
2929.26 of the Revised Code, only if the halfway house, reentry | 4404 |
center, or community residential center complies with the | 4405 |
standards that the division adopts in accordance with Chapter 119. | 4406 |
of the Revised Code for the licensure of halfway houses, reentry | 4407 |
centers, and community residential centers. The division shall | 4408 |
annually inspect each licensed halfway house, licensed reentry | 4409 |
center, and licensed community residential center to determine if | 4410 |
it is in compliance with the licensure standards. | 4411 |
Sec. 2967.19. (A) As used in this section: | 4412 |
(1) "Deadly weapon" and "dangerous ordnance" have the same | 4413 |
meanings as in section 2923.11 of the Revised Code. | 4414 |
(2) "Disqualifying prison term" means any of the following: | 4415 |
(a) A prison term imposed for aggravated murder, murder, | 4416 |
voluntary manslaughter, involuntary manslaughter, felonious | 4417 |
assault, kidnapping, rape, aggravated arson, aggravated burglary, | 4418 |
or aggravated robbery; | 4419 |
(b) A prison term imposed for complicity in, an attempt to | 4420 |
commit, or conspiracy to commit any offense listed in division | 4421 |
(A)(2)(a) of this section; | 4422 |
(c) A prison term of life imprisonment, including any term of | 4423 |
life imprisonment that has parole eligibility; | 4424 |
(d) A prison term imposed for any felony other than carrying | 4425 |
a concealed weapon an essential element of which is any conduct or | 4426 |
failure to act expressly involving any deadly weapon or dangerous | 4427 |
ordnance; | 4428 |
(e) A prison term imposed for any violation of section | 4429 |
2925.03 of the Revised Code that is a felony of the first or | 4430 |
second degree; | 4431 |
(f) A prison term imposed for engaging in a pattern of | 4432 |
corrupt activity in violation of section 2923.32 of the Revised | 4433 |
Code; | 4434 |
(g) A prison term imposed pursuant to section 2971.03 of the | 4435 |
Revised Code; | 4436 |
(h) A prison term imposed for any sexually oriented offense. | 4437 |
(3) "Eligible prison term" means any prison term that is not | 4438 |
a disqualifying prison term and is not a restricting prison term. | 4439 |
(4) "Restricting prison term" means any of the following: | 4440 |
(a) A mandatory prison term imposed under division | 4441 |
4442 | |
4443 | |
a specification of the type described in that division; | 4444 |
(b) In the case of an offender who has been sentenced to a | 4445 |
mandatory prison term for a specification of the type described in | 4446 |
division (A)(4)(a) of this section, the prison term imposed for | 4447 |
the felony offense for which the specification was stated at the | 4448 |
end of the body of the indictment, count in the indictment, or | 4449 |
information charging the offense; | 4450 |
(c) A prison term imposed for trafficking in persons; | 4451 |
(d) A prison term imposed for any offense that is described | 4452 |
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii) | 4453 |
of this section applies to the offender: | 4454 |
(i) The offense is a felony of the first or second degree | 4455 |
that is an offense of violence and that is not described in | 4456 |
division (A)(2)(a) or (b) of this section, an attempt to commit a | 4457 |
felony of the first or second degree that is an offense of | 4458 |
violence and that is not described in division (A)(2)(a) or (b) of | 4459 |
this section if the attempt is a felony of the first or second | 4460 |
degree, or an offense under an existing or former law of this | 4461 |
state, another state, or the United States that is or was | 4462 |
substantially equivalent to any other offense described in this | 4463 |
division. | 4464 |
(ii) The offender previously was convicted of or pleaded | 4465 |
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of | 4466 |
this section. | 4467 |
(5) "Sexually oriented offense" has the same meaning as in | 4468 |
section 2950.01 of the Revised Code. | 4469 |
(B) The director of the department of rehabilitation and | 4470 |
correction may
| 4471 |
court | 4472 |
prison | 4473 |
confined in a state correctional institution | 4474 |
a stated prison term of one year or more, and who is eligible | 4475 |
under division (C) of this section for a release under this | 4476 |
section | 4477 |
4478 | |
4479 | |
4480 | |
consider releasing an offender under this section, the director | 4481 |
shall | 4482 |
of the offender's eligibility not earlier than ninety days prior | 4483 |
to the date on which the offender | 4484 |
4485 | |
4486 | |
section. The director's submission of | 4487 |
4488 | |
the director that the court strongly consider release of the | 4489 |
offender consistent with the purposes and principles of sentencing | 4490 |
set forth in sections 2929.11 and 2929.13 of the Revised Code. | 4491 |
Only an offender recommended by the director under division (B) of | 4492 |
this section may be considered for early release under this | 4493 |
section. | 4494 |
(C)(1) An offender serving a stated prison term of one year | 4495 |
or more and who has commenced service of that stated prison term | 4496 |
becomes eligible for release from prison under this section only | 4497 |
as described in this division. An offender serving a stated prison | 4498 |
term that includes a disqualifying prison term is not eligible for | 4499 |
release from prison under this section. An offender serving a | 4500 |
stated prison term that consists solely of one or more restricting | 4501 |
prison terms is not eligible for release under this section. An | 4502 |
offender serving a stated prison term of one year or more that | 4503 |
includes one or more restricting prison terms and one or more | 4504 |
eligible prison terms becomes eligible for release under this | 4505 |
section after having fully served | 4506 |
terms and having served eighty per cent of the stated prison term | 4507 |
that remains to be served after all restricting prison terms have | 4508 |
been fully served. An offender serving a stated prison term that | 4509 |
consists solely of one or more eligible prison terms becomes | 4510 |
eligible for release under this section | 4511 |
4512 | |
that stated prison term. | 4513 |
4514 | |
4515 | |
4516 | |
4517 | |
4518 | |
determining an offender's eligibility for release under this | 4519 |
section, if the offender's stated prison term includes consecutive | 4520 |
prison terms, any restricting prison terms shall be deemed served | 4521 |
prior to any eligible prison terms that run consecutively to the | 4522 |
restricting prison terms, and the eligible prison terms are deemed | 4523 |
to commence after all of the restricting prison terms have been | 4524 |
fully served. | 4525 |
An offender serving a stated prison term | 4526 |
more that includes a mandatory prison term that is not a | 4527 |
disqualifying prison term and is not a restricting prison term is | 4528 |
not automatically ineligible as a result of the offender's service | 4529 |
of that mandatory term for release from prison under this section, | 4530 |
and the offender's eligibility for release from prison under this | 4531 |
section is determined in accordance with this division. | 4532 |
(2) If an offender confined in a state correctional | 4533 |
institution under a stated prison term is eligible for release | 4534 |
under this section as described in division (C)(1) of this | 4535 |
section, the director of the department of rehabilitation and | 4536 |
correction may
| 4537 |
court | 4538 |
consider releasing the offender from prison | 4539 |
this section by submitting to the sentencing court the written | 4540 |
notice described in division (B) of this section. | 4541 |
(D) The director shall include with any | 4542 |
submitted to the sentencing court under division (B) of this | 4543 |
section an institutional summary report that covers the offender's | 4544 |
participation while confined in a state correctional institution | 4545 |
in school, training, work, treatment, and other rehabilitative | 4546 |
activities and any disciplinary action taken against the offender | 4547 |
while so confined. The director shall include with the | 4548 |
4549 | |
4550 | |
available. | 4551 |
(E) When the director submits a | 4552 |
sentencing court that an offender is eligible to be considered for | 4553 |
early release under this section
| 4554 |
department promptly shall provide to the prosecuting attorney of | 4555 |
the county in which the offender was indicted a copy of the | 4556 |
4557 | |
report, and any other information provided to the court. The | 4558 |
department also promptly shall give written notice of the | 4559 |
4560 | |
victim's representative of any victim of the offender who is | 4561 |
registered with the office of victim's services. | 4562 |
The department also shall post a copy of the written notice | 4563 |
4564 | |
of the Revised Code and include information on where a person may | 4565 |
send comments regarding the | 4566 |
release. | 4567 |
The information provided to the court, the prosecutor, and | 4568 |
the victim or victim's representative under divisions (D) and (E) | 4569 |
of this section shall include the name and contact information of | 4570 |
a specific department of rehabilitation and correction employee | 4571 |
who is available to answer questions about the offender who is the | 4572 |
subject of the written notice submitted by the director, | 4573 |
including, but not limited to, the offender's institutional | 4574 |
conduct and rehabilitative activities while incarcerated. | 4575 |
(F) Upon receipt of a | 4576 |
written notice submitted by the director under division (B) of | 4577 |
this section, the court | 4578 |
shall, on its own motion, schedule a hearing to consider releasing | 4579 |
the offender who is the subject of the notice or shall inform the | 4580 |
department that it will not be conducting a hearing relative to | 4581 |
the offender. The court shall not grant | 4582 |
release | 4583 |
4584 | |
hold a hearing relative to an offender with respect to a written | 4585 |
notice submitted by the director, the court may later consider | 4586 |
release of that offender under this section on | 4587 |
4588 | |
by scheduling a hearing for that purpose. Within thirty days after | 4589 |
the | 4590 |
inform the department whether or not the court is scheduling a | 4591 |
hearing on the offender who is the subject of the notice. | 4592 |
(G) If the court | 4593 |
a | 4594 |
under division (B) of this section or upon its own motion under | 4595 |
division (F) of this section, the court shall notify the head of | 4596 |
the state correctional institution in which the offender is | 4597 |
confined of the hearing prior to the hearing. If the court makes a | 4598 |
journal entry ordering the offender to be conveyed to the hearing, | 4599 |
except as otherwise provided in this division, the head of the | 4600 |
correctional institution shall deliver the offender to the sheriff | 4601 |
of the county in which the hearing is to be held, and the sheriff | 4602 |
shall convey the offender to and from the hearing. Upon the | 4603 |
court's own motion or the motion of the offender or the | 4604 |
prosecuting attorney of the county in which the offender was | 4605 |
indicted, the court may permit the offender to appear at the | 4606 |
hearing by video conferencing equipment if equipment of that | 4607 |
nature is available and compatible. | 4608 |
Upon receipt of notice from a court of a hearing on the | 4609 |
release of an offender under this division, the head of the state | 4610 |
correctional institution in which the offender is confined | 4611 |
immediately shall notify the appropriate person at the department | 4612 |
of rehabilitation and correction of the hearing, and the | 4613 |
department within twenty-four hours after receipt of the notice | 4614 |
shall post on the database it maintains pursuant to section | 4615 |
5120.66 of the Revised Code the offender's name and all of the | 4616 |
information specified in division (A)(1)(c)(i) of that section. If | 4617 |
the court | 4618 |
4619 | |
notice of the hearing to the prosecuting attorney of the county in | 4620 |
which the offender was indicted. Upon receipt of the notice from | 4621 |
the court, the prosecuting attorney shall notify pursuant to | 4622 |
section 2930.16 of the Revised Code any victim of the offender or | 4623 |
the victim's representative of the hearing. | 4624 |
(H) If the court | 4625 |
4626 | |
court shall afford the offender and the offender's attorney an | 4627 |
opportunity to present written information and, if present, oral | 4628 |
information relevant to the | 4629 |
court shall afford a similar opportunity to the prosecuting | 4630 |
attorney, victim or victim's representative, as defined in section | 4631 |
2930.01 of the Revised Code, and any other person the court | 4632 |
determines is likely to present additional relevant information. | 4633 |
If the court pursuant to division (G) of this section permits the | 4634 |
offender to appear at the hearing by video conferencing equipment, | 4635 |
the offender's opportunity to present oral information shall be as | 4636 |
a part of the video conferencing. The court shall consider any | 4637 |
statement of a victim made under section 2930.14 or 2930.17 of the | 4638 |
Revised Code, any victim impact statement prepared under section | 4639 |
2947.051 of the Revised Code, and any report | 4640 |
documentation submitted by the director under division (D) of this | 4641 |
section. After ruling on | 4642 |
early release, the court shall notify the victim in accordance | 4643 |
with sections 2930.03 and 2930.16 of the Revised Code. | 4644 |
(I) If the court grants | 4645 |
early release under this section, it shall order the release of | 4646 |
the offender, shall place the offender under one or more | 4647 |
appropriate community control sanctions, under appropriate | 4648 |
conditions, and under the supervision of the department of | 4649 |
probation that serves the court, and shall reserve the right to | 4650 |
reimpose the sentence that it reduced and from which the offender | 4651 |
was released if the offender violates the sanction. The court | 4652 |
shall not make a release under this section effective prior to the | 4653 |
date on which the offender | 4654 |
4655 | |
4656 | |
section. If the sentence under which the offender is confined in a | 4657 |
state correctional institution and from which the offender is | 4658 |
being released was imposed for a felony of the first or second | 4659 |
degree, the court shall consider ordering that the offender be | 4660 |
monitored by means of a global positioning device. If the court | 4661 |
reimposes the sentence that it reduced and from which the offender | 4662 |
was released and if the violation of the sanction is a new | 4663 |
offense, the court may order that the reimposed sentence be served | 4664 |
either concurrently with, or consecutive to, any new sentence | 4665 |
imposed upon the offender as a result of the violation that is a | 4666 |
new offense. The period of all community control sanctions imposed | 4667 |
under this division shall not exceed five years. The court, in its | 4668 |
discretion, may reduce the period of community control sanctions | 4669 |
by the amount of time the offender spent in jail or prison for the | 4670 |
offense. | 4671 |
If the court grants | 4672 |
early release under this section, it shall notify the appropriate | 4673 |
person at the department of rehabilitation and correction of the | 4674 |
release, and the department shall post notice of the release on | 4675 |
the database it maintains pursuant to section 5120.66 of the | 4676 |
Revised Code. | 4677 |
(J) The department shall adopt under Chapter 119. of the | 4678 |
Revised Code any rules necessary to implement this section. | 4679 |
Sec. 2967.191. The department of rehabilitation and | 4680 |
correction shall reduce the stated prison term of a prisoner or, | 4681 |
if the prisoner is serving a term for which there is parole | 4682 |
eligibility, the minimum and maximum term or the parole | 4683 |
eligibility date of the prisoner by the total number of days that | 4684 |
the prisoner was confined for any reason arising out of the | 4685 |
offense for which the prisoner was convicted and sentenced, | 4686 |
including confinement in lieu of bail while awaiting trial, | 4687 |
confinement for examination to determine the prisoner's competence | 4688 |
to stand trial or sanity, and confinement while awaiting | 4689 |
transportation to the place where the prisoner is to serve the | 4690 |
prisoner's prison term, as determined by the sentencing court | 4691 |
under division (B)(2)(g)(i) of section 2929.19 of the Revised | 4692 |
Code. The department of rehabilitation and correction also shall | 4693 |
reduce the stated prison term of a prisoner or, if the prisoner is | 4694 |
serving a term for which there is parole eligibility, the minimum | 4695 |
and maximum term or the parole eligibility date of the prisoner by | 4696 |
the total number of days, if any, that the prisoner previously | 4697 |
served in the custody of the department of rehabilitation and | 4698 |
correction arising out of the offense for which the prisoner was | 4699 |
convicted and sentenced. | 4700 |
Sec. 2967.193. (A)(1) Except as provided in division (C) of | 4701 |
this section and subject to the maximum aggregate total specified | 4702 |
in division (A)(2) of this section, a person confined in a state | 4703 |
correctional institution may provisionally earn one day or five | 4704 |
days of credit, based on the category set forth in division | 4705 |
(D)(1), (2), (3), (4), or (5) of this section in which the person | 4706 |
is included, toward satisfaction of the person's stated prison | 4707 |
term for each completed month during which the person productively | 4708 |
participates in an education program, vocational training, | 4709 |
employment in prison industries, treatment for substance abuse, or | 4710 |
any other constructive program developed by the department with | 4711 |
specific standards for performance by prisoners. Except as | 4712 |
provided in division (C) of this section and subject to the | 4713 |
maximum aggregate total specified in division (A)(2) of this | 4714 |
section, a person so confined who successfully completes two | 4715 |
programs or activities of that type may, in addition, | 4716 |
provisionally earn up to five days of credit toward satisfaction | 4717 |
of the person's stated prison term for the successful completion | 4718 |
of the second program or activity. The person shall not be awarded | 4719 |
any provisional days of credit for the successful completion of | 4720 |
the first program or activity or for the successful completion of | 4721 |
any program or activity that is completed after the second program | 4722 |
or activity. At the end of each calendar month in which a prisoner | 4723 |
productively participates in a program or activity listed in this | 4724 |
division or successfully completes a program or activity listed in | 4725 |
this division, the department of rehabilitation and correction | 4726 |
shall determine and record the total number of days credit that | 4727 |
the prisoner provisionally earned in that calendar month. If the | 4728 |
prisoner violates prison rules, the department may deny the | 4729 |
prisoner a credit that otherwise could have been provisionally | 4730 |
awarded to the prisoner or may withdraw one or more credits | 4731 |
previously provisionally earned by the prisoner. Days of credit | 4732 |
provisionally earned by a prisoner shall be finalized and awarded | 4733 |
by the department subject to administrative review by the | 4734 |
department of the prisoner's conduct. | 4735 |
(2) The aggregate days of credit provisionally earned by a | 4736 |
person for program or activity participation and program and | 4737 |
activity completion under this section and the aggregate days of | 4738 |
credit finally credited to a person under this section shall not | 4739 |
exceed eight per cent of the total number of days in the person's | 4740 |
stated prison term. | 4741 |
(B) The department of rehabilitation and correction shall | 4742 |
adopt rules that specify the programs or activities for which | 4743 |
credit may be earned under this section, the criteria for | 4744 |
determining productive participation in, or completion of, the | 4745 |
programs or activities and the criteria for awarding credit, | 4746 |
including criteria for awarding additional credit for successful | 4747 |
program or activity completion, and the criteria for denying or | 4748 |
withdrawing previously provisionally earned credit as a result of | 4749 |
a violation of prison rules. | 4750 |
(C) No person confined in a state correctional institution to | 4751 |
whom any of the following applies shall be awarded any days of | 4752 |
credit under division (A) of this section: | 4753 |
(1) The person is serving a prison term that section 2929.13 | 4754 |
or section 2929.14 of the Revised Code specifies cannot be reduced | 4755 |
pursuant to this section or this | 4756 |
sentence for which section 2967.13 or division (B) of section | 4757 |
2929.143 of the Revised Code specifies that the person is not | 4758 |
entitled to any earned credit under this section. | 4759 |
(2) The person is sentenced to death or is serving a prison | 4760 |
term or a term of life imprisonment for aggravated murder, murder, | 4761 |
or a conspiracy or attempt to commit, or complicity in committing, | 4762 |
aggravated murder or murder. | 4763 |
(3) The person is serving a sentence of life imprisonment | 4764 |
without parole imposed pursuant to section 2929.03 or 2929.06 of | 4765 |
the Revised Code, a prison term or a term of life imprisonment | 4766 |
without parole imposed pursuant to section 2971.03 of the Revised | 4767 |
Code, or a sentence for a sexually oriented offense that was | 4768 |
committed on or after | 4769 |
September 30, 2011. | 4770 |
(D) This division does not apply to a determination of | 4771 |
whether a person confined in a state correctional institution may | 4772 |
earn any days of credit under division (A) of this section for | 4773 |
successful completion of a second program or activity. The | 4774 |
determination of whether a person confined in a state correctional | 4775 |
institution may earn one day of credit or five days of credit | 4776 |
under division (A) of this section for each completed month during | 4777 |
which the person productively participates in a program or | 4778 |
activity specified under that division shall be made in accordance | 4779 |
with the following: | 4780 |
(1) The offender may earn one day of credit under division | 4781 |
(A) of this section, except as provided in division (C) of this | 4782 |
section, if the most serious offense for which the offender is | 4783 |
confined is any of the following that is a felony of the first or | 4784 |
second degree: | 4785 |
(a) A violation of division (A) of section 2903.04 or of | 4786 |
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25, | 4787 |
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29, | 4788 |
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22, | 4789 |
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24 | 4790 |
of the Revised Code; | 4791 |
(b) A conspiracy or attempt to commit, or complicity in | 4792 |
committing, any other offense for which the maximum penalty is | 4793 |
imprisonment for life or any offense listed in division (D)(1)(a) | 4794 |
of this section. | 4795 |
(2) The offender may earn one day of credit under division | 4796 |
(A) of this section, except as provided in division (C) of this | 4797 |
section, if the offender is serving a stated prison term that | 4798 |
includes a prison term imposed for a sexually oriented offense | 4799 |
that the offender committed prior to | 4800 |
4801 |
(3) The offender may earn one day of credit under division | 4802 |
(A) of this section, except as provided in division (C) of this | 4803 |
section, if the offender is serving a stated prison term that | 4804 |
includes a prison term imposed for a felony other than carrying a | 4805 |
concealed weapon an essential element of which is any conduct or | 4806 |
failure to act expressly involving any deadly weapon or dangerous | 4807 |
ordnance. | 4808 |
(4) Except as provided in division (C) of this section, if | 4809 |
the most serious offense for which the offender is confined is a | 4810 |
felony of the first or second degree and divisions (D)(1), (2), | 4811 |
and (3) of this section do not apply to the offender, the offender | 4812 |
may earn one day of credit under division (A) of this section if | 4813 |
the offender committed that offense prior to | 4814 |
4815 | |
days of credit under division (A) of this section if the offender | 4816 |
committed that offense on or after | 4817 |
4818 |
(5) Except as provided in division (C) of this section, if | 4819 |
the most serious offense for which the offender is confined is a | 4820 |
felony of the third, fourth, or fifth degree or an unclassified | 4821 |
felony and neither division (D)(2) nor (3) of this section applies | 4822 |
to the offender, the offender may earn one day of credit under | 4823 |
division (A) of this section if the offender committed that | 4824 |
offense prior to | 4825 |
30, 2011, and the offender may earn five days of credit under | 4826 |
division (A) of this section if the offender committed that | 4827 |
offense on or after | 4828 |
30, 2011. | 4829 |
(E) | 4830 |
4831 | |
4832 | |
4833 | |
4834 | |
4835 | |
4836 | |
4837 | |
4838 | |
4839 | |
4840 | |
4841 |
| 4842 |
written feedback of the Ohio prosecuting attorneys association, | 4843 |
the Ohio judicial conference, the Ohio public defender, the Ohio | 4844 |
association of criminal defense lawyers, and other organizations | 4845 |
and associations that have an interest in the operation of the | 4846 |
corrections system and the earned credits program under this | 4847 |
section as part of its evaluation of the program and in | 4848 |
determining whether to modify the program. | 4849 |
| 4850 |
has the same meaning as in section 2950.01 of the Revised Code. | 4851 |
Sec. 2967.26. (A)(1) The department of rehabilitation and | 4852 |
correction, by rule, may establish a transitional control program | 4853 |
for the purpose of closely monitoring a prisoner's adjustment to | 4854 |
community supervision during the final one hundred eighty days of | 4855 |
the prisoner's confinement. If the department establishes a | 4856 |
transitional control program under this division, the | 4857 |
4858 | |
department of rehabilitation and correction may transfer eligible | 4859 |
prisoners to transitional control status under the program during | 4860 |
the final one hundred eighty days of their confinement and under | 4861 |
the terms and conditions established by the department, shall | 4862 |
provide for the confinement as provided in this division of each | 4863 |
eligible prisoner so transferred, and shall supervise each | 4864 |
eligible prisoner so transferred in one or more community control | 4865 |
sanctions. Each eligible prisoner who is transferred to | 4866 |
transitional control status under the program shall be confined in | 4867 |
a suitable facility that is licensed pursuant to division (C) of | 4868 |
section 2967.14 of the Revised Code, or shall be confined in a | 4869 |
residence the department has approved for this purpose and be | 4870 |
monitored pursuant to an electronic monitoring device, as defined | 4871 |
in section 2929.01 of the Revised Code. If the department | 4872 |
establishes a transitional control program under this division, | 4873 |
the rules establishing the program shall include criteria that | 4874 |
define which prisoners are eligible for the program, criteria that | 4875 |
must be satisfied to be approved as a residence that may be used | 4876 |
for confinement under the program of a prisoner that is | 4877 |
transferred to it and procedures for the department to approve | 4878 |
residences that satisfy those criteria, and provisions of the type | 4879 |
described in division (C) of this section. At a minimum, the | 4880 |
criteria that define which prisoners are eligible for the program | 4881 |
shall provide all of the following: | 4882 |
(a) That a prisoner is eligible for the program if the | 4883 |
prisoner is serving a prison term or term of imprisonment for an | 4884 |
offense committed prior to March 17, 1998, and if, at the time at | 4885 |
which eligibility is being determined, the prisoner would have | 4886 |
been eligible for a furlough under this section as it existed | 4887 |
immediately prior to March 17, 1998, or would have been eligible | 4888 |
for conditional release under former section 2967.23 of the | 4889 |
Revised Code as that section existed immediately prior to March | 4890 |
17, 1998; | 4891 |
(b) That no prisoner who is serving a mandatory prison term | 4892 |
is eligible for the program until after expiration of the | 4893 |
mandatory term; | 4894 |
(c) That no prisoner who is serving a prison term or term of | 4895 |
life imprisonment without parole imposed pursuant to section | 4896 |
2971.03 of the Revised Code is eligible for the program. | 4897 |
(2) At least three weeks prior to transferring to | 4898 |
transitional control under this section a prisoner who is serving | 4899 |
a term of imprisonment or prison term for an offense committed on | 4900 |
or after July 1, 1996, the | 4901 |
community services shall give notice of the pendency of the | 4902 |
transfer to transitional control to the court of common pleas of | 4903 |
the county in which the indictment against the prisoner was found | 4904 |
and of the fact that the court may disapprove the transfer of the | 4905 |
prisoner to transitional control and shall include a report | 4906 |
prepared by the head of the state correctional institution in | 4907 |
which the prisoner is confined. The head of the state correctional | 4908 |
institution in which the prisoner is confined, upon the request of | 4909 |
the | 4910 |
services, shall provide to the | 4911 |
the notice sent to the court under this division a report on the | 4912 |
prisoner's conduct in the institution and in any institution from | 4913 |
which the prisoner may have been transferred. The report shall | 4914 |
cover the prisoner's participation in school, vocational training, | 4915 |
work, treatment, and other rehabilitative activities and any | 4916 |
disciplinary action taken against the prisoner. If the court | 4917 |
disapproves of the transfer of the prisoner to transitional | 4918 |
control, the court shall notify the | 4919 |
disapproval within thirty days after receipt of the notice. If the | 4920 |
court timely disapproves the transfer of the prisoner to | 4921 |
transitional control, the | 4922 |
with the transfer. If the court does not timely disapprove the | 4923 |
transfer of the prisoner to transitional control, the | 4924 |
division may transfer the prisoner to transitional control. | 4925 |
(3) If the victim of an offense for which a prisoner was | 4926 |
sentenced to a prison term or term of imprisonment has requested | 4927 |
notification under section 2930.16 of the Revised Code and has | 4928 |
provided the department of rehabilitation and correction with the | 4929 |
victim's name and address, the | 4930 |
parole and community services, at least three weeks prior to | 4931 |
transferring the prisoner to transitional control pursuant to this | 4932 |
section, shall notify the victim of the pendency of the transfer | 4933 |
and of the victim's right to submit a statement to the | 4934 |
division regarding the impact of the transfer of the prisoner to | 4935 |
transitional control. If the victim subsequently submits a | 4936 |
statement of that nature to the | 4937 |
division shall consider the statement in deciding whether to | 4938 |
transfer the prisoner to transitional control. | 4939 |
(4) The department of rehabilitation and correction, at least | 4940 |
three weeks prior to transferring a prisoner to transitional | 4941 |
control pursuant to this section, shall post on the database it | 4942 |
maintains pursuant to section 5120.66 of the Revised Code the | 4943 |
prisoner's name and all of the information specified in division | 4944 |
(A)(1)(c)(iv) of that section. In addition to and independent of | 4945 |
the right of a victim to submit a statement as described in | 4946 |
division (A)(3) of this section or to otherwise make a statement | 4947 |
and in addition to and independent of any other right or duty of a | 4948 |
person to present information or make a statement, any person may | 4949 |
send to the | 4950 |
community services at any time prior to the
| 4951 |
division's transfer of the prisoner to transitional control a | 4952 |
written statement regarding the transfer of the prisoner to | 4953 |
transitional control. In addition to the information, reports, and | 4954 |
statements it considers under divisions (A)(2) and (3) of this | 4955 |
section or that it otherwise considers, the | 4956 |
shall consider each statement submitted in accordance with this | 4957 |
division in deciding whether to transfer the prisoner to | 4958 |
transitional control. | 4959 |
(B) Each prisoner transferred to transitional control under | 4960 |
this section shall be confined in the manner described in division | 4961 |
(A) of this section during any period of time that the prisoner is | 4962 |
not actually working at the prisoner's approved employment, | 4963 |
engaged in a vocational training or another educational program, | 4964 |
engaged in another program designated by the director, or engaged | 4965 |
in other activities approved by the department. | 4966 |
(C) The department of rehabilitation and correction shall | 4967 |
adopt rules for transferring eligible prisoners to transitional | 4968 |
control, supervising and confining prisoners so transferred, | 4969 |
administering the transitional control program in accordance with | 4970 |
this section, and using the moneys deposited into the transitional | 4971 |
control fund established under division (E) of this section. | 4972 |
(D) The department of rehabilitation and correction may adopt | 4973 |
rules for the issuance of passes for the limited purposes | 4974 |
described in this division to prisoners who are transferred to | 4975 |
transitional control under this section. If the department adopts | 4976 |
rules of that nature, the rules shall govern the granting of the | 4977 |
passes and shall provide for the supervision of prisoners who are | 4978 |
temporarily released pursuant to one of those passes. Upon the | 4979 |
adoption of rules under this division, the department may issue | 4980 |
passes to prisoners who are transferred to transitional control | 4981 |
status under this section in accordance with the rules and the | 4982 |
provisions of this division. All passes issued under this division | 4983 |
shall be for a maximum of forty-eight hours and may be issued only | 4984 |
for the following purposes: | 4985 |
(1) To visit a relative in imminent danger of death; | 4986 |
(2) To have a private viewing of the body of a deceased | 4987 |
relative; | 4988 |
(3) To visit with family; | 4989 |
(4) To otherwise aid in the rehabilitation of the prisoner. | 4990 |
(E) The | 4991 |
community services may require a prisoner who is transferred to | 4992 |
transitional control to pay to the division | 4993 |
4994 | |
division in supervising or confining the prisoner while under | 4995 |
transitional control. Inability to pay those reasonable expenses | 4996 |
shall not be grounds for refusing to transfer an otherwise | 4997 |
eligible prisoner to transitional control. Amounts received by the | 4998 |
division of parole and community services under this division | 4999 |
shall be deposited into the transitional control fund, which is | 5000 |
hereby created in the state treasury and which hereby replaces and | 5001 |
succeeds the furlough services fund that formerly existed in the | 5002 |
state treasury. All moneys that remain in the furlough services | 5003 |
fund on March 17, 1998, shall be transferred on that date to the | 5004 |
transitional control fund. The transitional control fund shall be | 5005 |
used solely to pay costs related to the operation of the | 5006 |
transitional control program established under this section. The | 5007 |
director of rehabilitation and correction shall adopt rules in | 5008 |
accordance with section 111.15 of the Revised Code for the use of | 5009 |
the fund. | 5010 |
(F) A prisoner who violates any rule established by the | 5011 |
department of rehabilitation and correction under division (A), | 5012 |
(C), or (D) of this section may be transferred to a state | 5013 |
correctional institution pursuant to rules adopted under division | 5014 |
(A), (C), or (D) of this section, but the prisoner shall receive | 5015 |
credit towards completing the prisoner's sentence for the time | 5016 |
spent under transitional control. | 5017 |
If a prisoner is transferred to transitional control under | 5018 |
this section, upon successful completion of the period of | 5019 |
transitional control, the prisoner may be released on parole or | 5020 |
under post-release control pursuant to section 2967.13 or 2967.28 | 5021 |
of the Revised Code and rules adopted by the department of | 5022 |
rehabilitation and correction. If the prisoner is released under | 5023 |
post-release control, the duration of the post-release control, | 5024 |
the type of post-release control sanctions that may be imposed, | 5025 |
the enforcement of the sanctions, and the treatment of prisoners | 5026 |
who violate any sanction applicable to the prisoner are governed | 5027 |
by section 2967.28 of the Revised Code. | 5028 |
Sec. 2967.28. (A) As used in this section: | 5029 |
(1) "Monitored time" means the monitored time sanction | 5030 |
specified in section 2929.17 of the Revised Code. | 5031 |
(2) "Deadly weapon" and "dangerous ordnance" have the same | 5032 |
meanings as in section 2923.11 of the Revised Code. | 5033 |
(3) "Felony sex offense" means a violation of a section | 5034 |
contained in Chapter 2907. of the Revised Code that is a felony. | 5035 |
(4) "Risk reduction sentence" means a prison term imposed by | 5036 |
a court, when the court recommends pursuant to section 2929.143 of | 5037 |
the Revised Code that the offender serve the sentence under | 5038 |
section 5120.036 of the Revised Code, and the offender may | 5039 |
potentially be released from imprisonment prior to the expiration | 5040 |
of the prison term if the offender successfully completes all | 5041 |
assessment and treatment or programming required by the department | 5042 |
of rehabilitation and correction under section 5120.036 of the | 5043 |
Revised Code. | 5044 |
(B) Each sentence to a prison term for a felony of the first | 5045 |
degree, for a felony of the second degree, for a felony sex | 5046 |
offense, or for a felony of the third degree that is not a felony | 5047 |
sex offense and in the commission of which the offender caused or | 5048 |
threatened to cause physical harm to a person shall include a | 5049 |
requirement that the offender be subject to a period of | 5050 |
post-release control imposed by the parole board after the | 5051 |
offender's release from imprisonment. This division applies with | 5052 |
respect to all prison terms of a type described in this division, | 5053 |
including a term of any such type that is a risk reduction | 5054 |
sentence. If a court imposes a sentence including a prison term of | 5055 |
a type described in this division on or after July 11, 2006, the | 5056 |
failure of a sentencing court to notify the offender pursuant to | 5057 |
division (B)(2)(c) of section 2929.19 of the Revised Code of this | 5058 |
requirement or to include in the judgment of conviction entered on | 5059 |
the journal a statement that the offender's sentence includes this | 5060 |
requirement does not negate, limit, or otherwise affect the | 5061 |
mandatory period of supervision that is required for the offender | 5062 |
under this division. Section 2929.191 of the Revised Code applies | 5063 |
if, prior to July 11, 2006, a court imposed a sentence including a | 5064 |
prison term of a type described in this division and failed to | 5065 |
notify the offender pursuant to division (B)(2)(c) of section | 5066 |
2929.19 of the Revised Code regarding post-release control or to | 5067 |
include in the judgment of conviction entered on the journal or in | 5068 |
the sentence pursuant to division (D)(1) of section 2929.14 of the | 5069 |
Revised Code a statement regarding post-release control. Unless | 5070 |
reduced by the parole board pursuant to division (D) of this | 5071 |
section when authorized under that division, a period of | 5072 |
post-release control required by this division for an offender | 5073 |
shall be of one of the following periods: | 5074 |
(1) For a felony of the first degree or for a felony sex | 5075 |
offense, five years; | 5076 |
(2) For a felony of the second degree that is not a felony | 5077 |
sex offense, three years; | 5078 |
(3) For a felony of the third degree that is not a felony sex | 5079 |
offense and in the commission of which the offender caused or | 5080 |
threatened physical harm to a person, three years. | 5081 |
(C) Any sentence to a prison term for a felony of the third, | 5082 |
fourth, or fifth degree that is not subject to division (B)(1) or | 5083 |
(3) of this section shall include a requirement that the offender | 5084 |
be subject to a period of post-release control of up to three | 5085 |
years after the offender's release from imprisonment, if the | 5086 |
parole board, in accordance with division (D) of this section, | 5087 |
determines that a period of post-release control is necessary for | 5088 |
that offender. This division applies with respect to all prison | 5089 |
terms of a type described in this division, including a term of | 5090 |
any such type that is a risk reduction sentence. Section 2929.191 | 5091 |
of the Revised Code applies if, prior to July 11, 2006, a court | 5092 |
imposed a sentence including a prison term of a type described in | 5093 |
this division and failed to notify the offender pursuant to | 5094 |
division (B)(2)(d) of section 2929.19 of the Revised Code | 5095 |
regarding post-release control or to include in the judgment of | 5096 |
conviction entered on the journal or in the sentence pursuant to | 5097 |
division (D)(2) of section 2929.14 of the Revised Code a statement | 5098 |
regarding post-release control. Pursuant to an agreement entered | 5099 |
into under section 2967.29 of the Revised Code, a court of common | 5100 |
pleas or parole board may impose sanctions or conditions on an | 5101 |
offender who is placed on post-release control under this | 5102 |
division. | 5103 |
(D)(1) Before the prisoner is released from imprisonment, the | 5104 |
parole board or, pursuant to an agreement under section 2967.29 of | 5105 |
the Revised Code, the court shall impose upon a prisoner described | 5106 |
in division (B) of this section, shall impose upon a prisoner | 5107 |
described in division (C) of this section who is to be released | 5108 |
before the expiration of the prisoner's stated prison term under a | 5109 |
risk reduction sentence, may impose upon a prisoner described in | 5110 |
division (C) of this section who is not to be released before the | 5111 |
expiration of the prisoner's stated prison term under a risk | 5112 |
reduction sentence, and shall impose upon a prisoner described in | 5113 |
division (B)(2)(b) of section 5120.031 or in division (B)(1) of | 5114 |
section 5120.032 of the Revised Code, one or more post-release | 5115 |
control sanctions to apply during the prisoner's period of | 5116 |
post-release control. Whenever the board or court imposes one or | 5117 |
more post-release control sanctions upon a prisoner, the board or | 5118 |
court, in addition to imposing the sanctions, also shall include | 5119 |
as a condition of the post-release control that the offender not | 5120 |
leave the state without permission of the court or the offender's | 5121 |
parole or probation officer and that the offender abide by the | 5122 |
law. The board or court may impose any other conditions of release | 5123 |
under a post-release control sanction that the board or court | 5124 |
considers appropriate, and the conditions of release may include | 5125 |
any community residential sanction, community nonresidential | 5126 |
sanction, or financial sanction that the sentencing court was | 5127 |
authorized to impose pursuant to sections 2929.16, 2929.17, and | 5128 |
2929.18 of the Revised Code. Prior to the release of a prisoner | 5129 |
for whom it will impose one or more post-release control sanctions | 5130 |
under this division, the parole board or court shall review the | 5131 |
prisoner's criminal history, results from the single validated | 5132 |
risk assessment tool selected by the department of rehabilitation | 5133 |
and correction under section 5120.114 of the Revised Code, all | 5134 |
juvenile court adjudications finding the prisoner, while a | 5135 |
juvenile, to be a delinquent child, and the record of the | 5136 |
prisoner's conduct while imprisoned. The parole board or court | 5137 |
shall consider any recommendation regarding post-release control | 5138 |
sanctions for the prisoner made by the office of victims' | 5139 |
services. After considering those materials, the board or court | 5140 |
shall determine, for a prisoner described in division (B) of this | 5141 |
section, division (B)(2)(b) of section 5120.031, or division | 5142 |
(B)(1) of section 5120.032 of the Revised Code and for a prisoner | 5143 |
described in division (C) of this section who is to be released | 5144 |
before the expiration of the prisoner's stated prison term under a | 5145 |
risk reduction sentence, which post-release control sanction or | 5146 |
combination of post-release control sanctions is reasonable under | 5147 |
the circumstances or, for a prisoner described in division (C) of | 5148 |
this section who is not to be released before the expiration of | 5149 |
the prisoner's stated prison term under a risk reduction sentence, | 5150 |
whether a post-release control sanction is necessary and, if so, | 5151 |
which post-release control sanction or combination of post-release | 5152 |
control sanctions is reasonable under the circumstances. In the | 5153 |
case of a prisoner convicted of a felony of the fourth or fifth | 5154 |
degree other than a felony sex offense, the board or court shall | 5155 |
presume that monitored time is the appropriate post-release | 5156 |
control sanction unless the board or court determines that a more | 5157 |
restrictive sanction is warranted. A post-release control sanction | 5158 |
imposed under this division takes effect upon the prisoner's | 5159 |
release from imprisonment. | 5160 |
Regardless of whether the prisoner was sentenced to the | 5161 |
prison term prior to, on, or after July 11, 2006, prior to the | 5162 |
release of a prisoner for whom it will impose one or more | 5163 |
post-release control sanctions under this division, the parole | 5164 |
board shall notify the prisoner that, if the prisoner violates any | 5165 |
sanction so imposed or any condition of post-release control | 5166 |
described in division (B) of section 2967.131 of the Revised Code | 5167 |
that is imposed on the prisoner, the parole board may impose a | 5168 |
prison term of up to one-half of the stated prison term originally | 5169 |
imposed upon the prisoner. | 5170 |
(2) If a prisoner who is placed on post-release control under | 5171 |
this section is released before the expiration of the prisoner's | 5172 |
stated prison term by reason of credit earned under section | 5173 |
2967.193 of the Revised Code and if the prisoner earned sixty or | 5174 |
more days of credit, the adult parole authority shall supervise | 5175 |
the offender with an active global positioning system device for | 5176 |
the first fourteen days after the offender's release from | 5177 |
imprisonment. This division does not prohibit or limit the | 5178 |
imposition of any post-release control sanction otherwise | 5179 |
authorized by this section. | 5180 |
(3) At any time after a prisoner is released from | 5181 |
imprisonment and during the period of post-release control | 5182 |
applicable to the releasee, the adult parole authority or, | 5183 |
pursuant to an agreement under section 2967.29 of the Revised | 5184 |
Code, the court may review the releasee's behavior under the | 5185 |
post-release control sanctions imposed upon the releasee under | 5186 |
this section. The authority or court may determine, based upon the | 5187 |
review and in accordance with the standards established under | 5188 |
division (E) of this section, that a more restrictive or a less | 5189 |
restrictive sanction is appropriate and may impose a different | 5190 |
sanction. The authority also may recommend that the parole board | 5191 |
or court increase or reduce the duration of the period of | 5192 |
post-release control imposed by the court. If the authority | 5193 |
recommends that the board or court increase the duration of | 5194 |
post-release control, the board or court shall review the | 5195 |
releasee's behavior and may increase the duration of the period of | 5196 |
post-release control imposed by the court up to eight years. If | 5197 |
the authority recommends that the board or court reduce the | 5198 |
duration of control for an offense described in division (B) or | 5199 |
(C) of this section, the board or court shall review the | 5200 |
releasee's behavior and may reduce the duration of the period of | 5201 |
control imposed by the court. In no case shall the board or court | 5202 |
reduce the duration of the period of control imposed for an | 5203 |
offense described in division (B)(1) of this section to a period | 5204 |
less than the length of the stated prison term originally imposed, | 5205 |
and in no case shall the board or court permit the releasee to | 5206 |
leave the state without permission of the court or the releasee's | 5207 |
parole or probation officer. | 5208 |
(E) The department of rehabilitation and correction, in | 5209 |
accordance with Chapter 119. of the Revised Code, shall adopt | 5210 |
rules that do all of the following: | 5211 |
(1) Establish standards for the imposition by the parole | 5212 |
board of post-release control sanctions under this section that | 5213 |
are consistent with the overriding purposes and sentencing | 5214 |
principles set forth in section 2929.11 of the Revised Code and | 5215 |
that are appropriate to the needs of releasees; | 5216 |
(2) Establish standards that provide for a period of | 5217 |
post-release control of up to three years for all prisoners | 5218 |
described in division (C) of this section who are to be released | 5219 |
before the expiration of their stated prison term under a risk | 5220 |
reduction sentence and standards by which the parole board can | 5221 |
determine which prisoners described in division (C) of this | 5222 |
section who are not to be released before the expiration of their | 5223 |
stated prison term under a risk reduction sentence should be | 5224 |
placed under a period of post-release control; | 5225 |
(3) Establish standards to be used by the parole board in | 5226 |
reducing the duration of the period of post-release control | 5227 |
imposed by the court when authorized under division (D) of this | 5228 |
section, in imposing a more restrictive post-release control | 5229 |
sanction than monitored time upon a prisoner convicted of a felony | 5230 |
of the fourth or fifth degree other than a felony sex offense, or | 5231 |
in imposing a less restrictive control sanction upon a releasee | 5232 |
based on the releasee's activities including, but not limited to, | 5233 |
remaining free from criminal activity and from the abuse of | 5234 |
alcohol or other drugs, successfully participating in approved | 5235 |
rehabilitation programs, maintaining employment, and paying | 5236 |
restitution to the victim or meeting the terms of other financial | 5237 |
sanctions; | 5238 |
(4) Establish standards to be used by the adult parole | 5239 |
authority in modifying a releasee's post-release control sanctions | 5240 |
pursuant to division (D)(2) of this section; | 5241 |
(5) Establish standards to be used by the adult parole | 5242 |
authority or parole board in imposing further sanctions under | 5243 |
division (F) of this section on releasees who violate post-release | 5244 |
control sanctions, including standards that do the following: | 5245 |
(a) Classify violations according to the degree of | 5246 |
seriousness; | 5247 |
(b) Define the circumstances under which formal action by the | 5248 |
parole board is warranted; | 5249 |
(c) Govern the use of evidence at violation hearings; | 5250 |
(d) Ensure procedural due process to an alleged violator; | 5251 |
(e) Prescribe nonresidential community control sanctions for | 5252 |
most misdemeanor and technical violations; | 5253 |
(f) Provide procedures for the return of a releasee to | 5254 |
imprisonment for violations of post-release control. | 5255 |
(F)(1) Whenever the parole board imposes one or more | 5256 |
post-release control sanctions upon an offender under this | 5257 |
section, the offender upon release from imprisonment shall be | 5258 |
under the general jurisdiction of the adult parole authority and | 5259 |
generally shall be supervised by the field services section | 5260 |
through its staff of parole and field officers as described in | 5261 |
section 5149.04 of the Revised Code, as if the offender had been | 5262 |
placed on parole. If the offender upon release from imprisonment | 5263 |
violates the post-release control sanction or any conditions | 5264 |
described in division (A) of section 2967.131 of the Revised Code | 5265 |
that are imposed on the offender, the public or private person or | 5266 |
entity that operates or administers the sanction or the program or | 5267 |
activity that comprises the sanction shall report the violation | 5268 |
directly to the adult parole authority or to the officer of the | 5269 |
authority who supervises the offender. The authority's officers | 5270 |
may treat the offender as if the offender were on parole and in | 5271 |
violation of the parole, and otherwise shall comply with this | 5272 |
section. | 5273 |
(2) If the adult parole authority or, pursuant to an | 5274 |
agreement under section 2967.29 of the Revised Code, the court | 5275 |
determines that a releasee has violated a post-release control | 5276 |
sanction or any conditions described in division (A) of section | 5277 |
2967.131 of the Revised Code imposed upon the releasee and that a | 5278 |
more restrictive sanction is appropriate, the authority or court | 5279 |
may impose a more restrictive sanction upon the releasee, in | 5280 |
accordance with the standards established under division (E) of | 5281 |
this section or in accordance with the agreement made under | 5282 |
section 2967.29 of the Revised Code, or may report the violation | 5283 |
to the parole board for a hearing pursuant to division (F)(3) of | 5284 |
this section. The authority or court may not, pursuant to this | 5285 |
division, increase the duration of the releasee's post-release | 5286 |
control or impose as a post-release control sanction a residential | 5287 |
sanction that includes a prison term, but the authority or court | 5288 |
may impose on the releasee any other residential sanction, | 5289 |
nonresidential sanction, or financial sanction that the sentencing | 5290 |
court was authorized to impose pursuant to sections 2929.16, | 5291 |
2929.17, and 2929.18 of the Revised Code. | 5292 |
(3) The parole board or, pursuant to an agreement under | 5293 |
section 2967.29 of the Revised Code, the court may hold a hearing | 5294 |
on any alleged violation by a releasee of a post-release control | 5295 |
sanction or any conditions described in division (A) of section | 5296 |
2967.131 of the Revised Code that are imposed upon the releasee. | 5297 |
If after the hearing the board or court finds that the releasee | 5298 |
violated the sanction or condition, the board or court may | 5299 |
increase the duration of the releasee's post-release control up to | 5300 |
the maximum duration authorized by division (B) or (C) of this | 5301 |
section or impose a more restrictive post-release control | 5302 |
sanction. When appropriate, the board or court may impose as a | 5303 |
post-release control sanction a residential sanction that includes | 5304 |
a prison term. The board or court shall consider a prison term as | 5305 |
a post-release control sanction imposed for a violation of | 5306 |
post-release control when the violation involves a deadly weapon | 5307 |
or dangerous ordnance, physical harm or attempted serious physical | 5308 |
harm to a person, or sexual misconduct, or when the releasee | 5309 |
committed repeated violations of post-release control sanctions. | 5310 |
Unless a releasee's stated prison term was reduced pursuant to | 5311 |
section 5120.032 of the Revised Code, the period of a prison term | 5312 |
that is imposed as a post-release control sanction under this | 5313 |
division shall not exceed nine months, and the maximum cumulative | 5314 |
prison term for all violations under this division shall not | 5315 |
exceed one-half of the stated prison term originally imposed upon | 5316 |
the offender as part of this sentence. If a releasee's stated | 5317 |
prison term was reduced pursuant to section 5120.032 of the | 5318 |
Revised Code, the period of a prison term that is imposed as a | 5319 |
post-release control sanction under this division and the maximum | 5320 |
cumulative prison term for all violations under this division | 5321 |
shall not exceed the period of time not served in prison under the | 5322 |
sentence imposed by the court. The period of a prison term that is | 5323 |
imposed as a post-release control sanction under this division | 5324 |
shall not count as, or be credited toward, the remaining period of | 5325 |
post-release control. | 5326 |
If an offender is imprisoned for a felony committed while | 5327 |
under post-release control supervision and is again released on | 5328 |
post-release control for a period of time determined by division | 5329 |
(F)(4)(d) of this section, the maximum cumulative prison term for | 5330 |
all violations under this division shall not exceed one-half of | 5331 |
the total stated prison terms of the earlier felony, reduced by | 5332 |
any prison term administratively imposed by the parole board or | 5333 |
court, plus one-half of the total stated prison term of the new | 5334 |
felony. | 5335 |
(4) Any period of post-release control shall commence upon an | 5336 |
offender's actual release from prison. If an offender is serving | 5337 |
an indefinite prison term or a life sentence in addition to a | 5338 |
stated prison term, the offender shall serve the period of | 5339 |
post-release control in the following manner: | 5340 |
(a) If a period of post-release control is imposed upon the | 5341 |
offender and if the offender also is subject to a period of parole | 5342 |
under a life sentence or an indefinite sentence, and if the period | 5343 |
of post-release control ends prior to the period of parole, the | 5344 |
offender shall be supervised on parole. The offender shall receive | 5345 |
credit for post-release control supervision during the period of | 5346 |
parole. The offender is not eligible for final release under | 5347 |
section 2967.16 of the Revised Code until the post-release control | 5348 |
period otherwise would have ended. | 5349 |
(b) If a period of post-release control is imposed upon the | 5350 |
offender and if the offender also is subject to a period of parole | 5351 |
under an indefinite sentence, and if the period of parole ends | 5352 |
prior to the period of post-release control, the offender shall be | 5353 |
supervised on post-release control. The requirements of parole | 5354 |
supervision shall be satisfied during the post-release control | 5355 |
period. | 5356 |
(c) If an offender is subject to more than one period of | 5357 |
post-release control, the period of post-release control for all | 5358 |
of the sentences shall be the period of post-release control that | 5359 |
expires last, as determined by the parole board or court. Periods | 5360 |
of post-release control shall be served concurrently and shall not | 5361 |
be imposed consecutively to each other. | 5362 |
(d) The period of post-release control for a releasee who | 5363 |
commits a felony while under post-release control for an earlier | 5364 |
felony shall be the longer of the period of post-release control | 5365 |
specified for the new felony under division (B) or (C) of this | 5366 |
section or the time remaining under the period of post-release | 5367 |
control imposed for the earlier felony as determined by the parole | 5368 |
board or court. | 5369 |
Sec. 4511.091. (A) The driver of any motor vehicle that has | 5370 |
been checked by radar, or by any electrical or mechanical timing | 5371 |
device to determine the speed of the motor vehicle over a measured | 5372 |
distance of a highway or a measured distance of a private road or | 5373 |
driveway, and found to be in violation of any of the provisions of | 5374 |
section 4511.21 or 4511.211 of the Revised Code, may be arrested | 5375 |
until a warrant can be obtained, provided the arresting officer | 5376 |
has observed the recording of the speed of the motor vehicle by | 5377 |
the radio microwaves, electrical or mechanical timing device, or | 5378 |
has received a radio message from the officer who observed the | 5379 |
speed of the motor vehicle recorded by the radio microwaves, | 5380 |
electrical or mechanical timing device; provided, in case of an | 5381 |
arrest based on such a message, the radio message has been | 5382 |
dispatched immediately after the speed of the motor vehicle was | 5383 |
recorded and the arresting officer is furnished a description of | 5384 |
the motor vehicle for proper identification and the recorded | 5385 |
speed. | 5386 |
(B) If the driver of a motor vehicle being driven on a public | 5387 |
street or highway of this state is observed violating any | 5388 |
provision of this chapter other than section 4511.21 or 4511.211 | 5389 |
of the Revised Code by a law enforcement officer situated at any | 5390 |
location, including in any type of airborne aircraft or airship, | 5391 |
that law enforcement officer may send a radio message to another | 5392 |
law enforcement officer, and the other law enforcement officer may | 5393 |
arrest the driver of the motor vehicle until a warrant can be | 5394 |
obtained or may issue the driver a citation for the violation; | 5395 |
provided, if an arrest or citation is based on such a message, the | 5396 |
radio message is dispatched immediately after the violation is | 5397 |
observed and the law enforcement officer who observes the | 5398 |
violation furnishes to the law enforcement officer who makes the | 5399 |
arrest or issues the citation a description of the alleged | 5400 |
violation and the motor vehicle for proper identification. | 5401 |
| 5402 |
5403 | |
5404 | |
5405 | |
5406 | |
5407 | |
5408 |
| 5409 |
5410 | |
5411 |
| 5412 |
5413 | |
5414 |
| 5415 |
5416 | |
5417 | |
5418 | |
5419 | |
5420 | |
5421 |
| 5422 |
5423 |
Sec. 5120.036. (A) The department of rehabilitation and | 5424 |
correction shall provide risk reduction programming and treatment | 5425 |
for inmates whom a court under section 2929.143 of the Revised | 5426 |
Code recommends serve a risk reduction sentence and who meet the | 5427 |
eligibility criteria described in division (B) of this section. | 5428 |
(B) If an offender is sentenced to a term of imprisonment in | 5429 |
a state correctional institution and the sentencing court | 5430 |
recommended that the offender serve a risk reduction sentence, the | 5431 |
department of rehabilitation and correction shall conduct a | 5432 |
validated and objective assessment of the person's needs and risk | 5433 |
of reoffending. If the offender cooperates with the risk | 5434 |
assessment and agrees to participate in any programming or | 5435 |
treatment ordered by the department, the department shall provide | 5436 |
programming and treatment to the offender to address the risks and | 5437 |
needs identified in the assessment. | 5438 |
(C) If the department determines that an offender serving a | 5439 |
term of incarceration for whom the sentencing court recommended a | 5440 |
risk reduction sentence under section 2929.143 of the Revised Code | 5441 |
has successfully completed the assessment and treatment or | 5442 |
programming required by the department under division (B) of this | 5443 |
section, the department shall release the offender to | 5444 |
5445 | |
control sanctions after the offender has served each mandatory | 5446 |
prison term to which the offender was sentenced, if any, and a | 5447 |
minimum of eighty per cent of the aggregated nonmandatory prison | 5448 |
terms to which the offender was sentenced. The placement under | 5449 |
post-release control sanctions shall be under terms set by the | 5450 |
parole board in accordance with section 2967.28 of the Revised | 5451 |
Code and shall be subject to the provisions of that section and | 5452 |
sections 2929.141 and 2967.15 of the Revised Code regarding | 5453 |
violation of post-release control sanctions. No mandatory prison | 5454 |
term shall be reduced by, or as a result of, an offender's service | 5455 |
of a risk reduction sentence. The department shall notify the | 5456 |
sentencing court that the offender has successfully completed the | 5457 |
terms of the risk reduction sentence at least thirty days prior to | 5458 |
the date upon which the offender is to be released. | 5459 |
(D) As used in this section: | 5460 |
(1) "Mandatory prison term" has the same meaning as in | 5461 |
section 2929.01 of the Revised Code. | 5462 |
(2) "Nonmandatory prison term" means a prison term that is | 5463 |
not a mandatory prison term. | 5464 |
(3) "Post-release control" and "post-release control | 5465 |
sanction" have the same meanings as in section 2967.01 of the | 5466 |
Revised Code. | 5467 |
Sec. 5120.66. (A) Within ninety days after November 23, | 5468 |
2005, but not before January 1, 2006, the department of | 5469 |
rehabilitation and correction shall establish and operate on the | 5470 |
internet a database that contains all of the following: | 5471 |
(1) For each inmate in the custody of the department under a | 5472 |
sentence imposed for a conviction of or plea of guilty to any | 5473 |
offense, all of the following information: | 5474 |
(a) The inmate's name; | 5475 |
(b) For each offense for which the inmate was sentenced to a | 5476 |
prison term or term of imprisonment and is in the department's | 5477 |
custody, the name of the offense, the Revised Code section of | 5478 |
which the offense is a violation, the gender of each victim of the | 5479 |
offense if those facts are known, whether each victim of the | 5480 |
offense was an adult or child if those facts are known, the range | 5481 |
of the possible prison terms or term of imprisonment that could | 5482 |
have been imposed for the offense, the actual prison term or term | 5483 |
of imprisonment imposed for the offense, the county in which the | 5484 |
offense was committed, the date on which the inmate began serving | 5485 |
the prison term or term of imprisonment imposed for the offense, | 5486 |
and either the date on which the inmate will be eligible for | 5487 |
parole relative to the offense if the prison term or term of | 5488 |
imprisonment is an indefinite term or life term or the date on | 5489 |
which the term ends if the prison term is a definite term; | 5490 |
(c) All of the following information that is applicable | 5491 |
regarding the inmate: | 5492 |
(i) If known to the department prior to the conduct of any | 5493 |
hearing for judicial release of the defendant pursuant to section | 5494 |
2929.20 of the Revised Code in relation to any prison term or term | 5495 |
of imprisonment the inmate is serving for any offense or any | 5496 |
hearing for release of the defendant pursuant to section 2967.19 | 5497 |
of the Revised Code in relation to any such term, notice of the | 5498 |
fact that the inmate will be having a hearing regarding a possible | 5499 |
grant of judicial release or release, the date of the hearing, and | 5500 |
the right of any person pursuant to division (J) of section | 5501 |
2929.20 or division (H) of section 2967.19 of the Revised Code, | 5502 |
whichever is applicable, to submit to the court a written | 5503 |
statement regarding the possible judicial release or release. The | 5504 |
department also shall post notice of the | 5505 |
sentencing court of any | 5506 |
of the inmate pursuant to section 2967.19 of the Revised Code, as | 5507 |
required by division (E) of that section. | 5508 |
(ii) If the inmate is serving a prison term pursuant to | 5509 |
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), | 5510 |
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised | 5511 |
Code, prior to the conduct of any hearing pursuant to section | 5512 |
2971.05 of the Revised Code to determine whether to modify the | 5513 |
requirement that the inmate serve the entire prison term in a | 5514 |
state correctional facility in accordance with division (C) of | 5515 |
that section, whether to continue, revise, or revoke any existing | 5516 |
modification of that requirement, or whether to terminate the | 5517 |
prison term in accordance with division (D) of that section, | 5518 |
notice of the fact that the inmate will be having a hearing | 5519 |
regarding those determinations and of the date of the hearing; | 5520 |
(iii) At least three weeks before the adult parole authority | 5521 |
recommends a pardon or commutation of sentence for the inmate or | 5522 |
at least three weeks prior to a hearing before the adult parole | 5523 |
authority regarding a grant of parole to the inmate in relation to | 5524 |
any prison term or term of imprisonment the inmate is serving for | 5525 |
any offense, notice of the fact that the inmate might be under | 5526 |
consideration for a pardon or commutation of sentence or will be | 5527 |
having a hearing regarding a possible grant of parole, of the date | 5528 |
of any hearing regarding a possible grant of parole, and of the | 5529 |
right of any person to submit a written statement regarding the | 5530 |
pending action; | 5531 |
(iv) At least three weeks before the inmate is transferred to | 5532 |
transitional control under section 2967.26 of the Revised Code in | 5533 |
relation to any prison term or term of imprisonment the inmate is | 5534 |
serving for any offense, notice of the pendency of the transfer, | 5535 |
of the date of the possible transfer, and of the right of any | 5536 |
person to submit a statement regarding the possible transfer; | 5537 |
(v) Prompt notice of the inmate's escape from any facility in | 5538 |
which the inmate was incarcerated and of the capture of the inmate | 5539 |
after an escape; | 5540 |
(vi) Notice of the inmate's death while in confinement; | 5541 |
(vii) Prior to the release of the inmate from confinement, | 5542 |
notice of the fact that the inmate will be released, of the date | 5543 |
of the release, and, if applicable, of the standard terms and | 5544 |
conditions of the release; | 5545 |
(viii) Notice of the inmate's judicial release pursuant to | 5546 |
section 2929.20 of the Revised Code or release pursuant to section | 5547 |
2967.19 of the Revised Code. | 5548 |
(2) Information as to where a person can send written | 5549 |
statements of the types referred to in divisions (A)(1)(c)(i), | 5550 |
(iii), and (iv) of this section. | 5551 |
(B)(1) The department shall update the database required | 5552 |
under division (A) of this section every twenty-four hours to | 5553 |
ensure that the information it contains is accurate and current. | 5554 |
(2) The database required under division (A) of this section | 5555 |
is a public record open for inspection under section 149.43 of the | 5556 |
Revised Code. The department shall make the database searchable by | 5557 |
inmate name and by the county and zip code where the offender | 5558 |
intends to reside after release from a state correctional | 5559 |
institution if this information is known to the department. | 5560 |
(3) The database required under division (A) of this section | 5561 |
may contain information regarding inmates who are listed in the | 5562 |
database in addition to the information described in that | 5563 |
division. | 5564 |
(4) No information included on the database required under | 5565 |
division (A) of this section shall identify or enable the | 5566 |
identification of any victim of any offense committed by an | 5567 |
inmate. | 5568 |
(C) The failure of the department to comply with the | 5569 |
requirements of division (A) or (B) of this section does not give | 5570 |
any rights or any grounds for appeal or post-conviction relief to | 5571 |
any inmate. | 5572 |
(D) This section, and the related provisions of sections | 5573 |
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted | 5574 |
in the act in which this section was enacted, shall be known as | 5575 |
"Laura's Law." | 5576 |
Sec. 5149.311. (A) The department of rehabilitation and | 5577 |
correction shall establish and administer the probation | 5578 |
improvement grant and the probation incentive grant for | 5579 |
common pleas, municipal, and county court probation departments | 5580 |
that supervise | 5581 |
(B)(1) The probation improvement grant shall provide funding | 5582 |
to | 5583 |
departments to adopt policies and practices based on the latest | 5584 |
research on how to reduce the number of | 5585 |
probation supervision who violate the conditions of their | 5586 |
supervision. | 5587 |
(2) The department shall adopt rules for the distribution of | 5588 |
the probation improvement grant, including the formula for the | 5589 |
allocation of the subsidy based on the number of | 5590 |
placed on probation annually in each jurisdiction. | 5591 |
(C)(1) The probation incentive grant shall provide a | 5592 |
performance-based level of funding to | 5593 |
municipal, and county court probation departments that are | 5594 |
successful in reducing the number of | 5595 |
supervision whose terms of supervision are revoked. | 5596 |
(2) The department shall calculate annually any cost savings | 5597 |
realized by the state from a reduction in the percentage of people | 5598 |
who are incarcerated because their terms of supervised probation | 5599 |
were revoked. The cost savings estimate shall be calculated for | 5600 |
each county and be based on the difference from fiscal year 2010 | 5601 |
and the fiscal year under examination. | 5602 |
(3) The department shall adopt rules that specify the subsidy | 5603 |
amount to be appropriated to | 5604 |
county court probation departments that successfully reduce the | 5605 |
percentage of people on probation who are incarcerated because | 5606 |
their terms of supervision are revoked. | 5607 |
(D) The following stipulations apply to both the probation | 5608 |
improvement grant and the probation incentive grant: | 5609 |
(1) In order to be eligible for the probation improvement | 5610 |
grant and the probation incentive grant, | 5611 |
municipal, and county courts must satisfy all requirements under | 5612 |
sections 2301.27 and 2301.30 of the Revised Code and, except for | 5613 |
sentencing decisions made by a court when use of the risk | 5614 |
assessment tool is discretionary, must utilize the single | 5615 |
validated risk assessment tool selected by the department of | 5616 |
rehabilitation and correction under section 5120.114 of the | 5617 |
Revised Code. | 5618 |
(2) The department may deny a subsidy under this section to | 5619 |
any applicant if the applicant fails to comply with the terms of | 5620 |
any agreement entered into pursuant to any of the provisions of | 5621 |
this section. | 5622 |
(3) The department shall evaluate or provide for the | 5623 |
evaluation of the policies, practices, and programs the | 5624 |
common pleas, municipal, or county court probation departments | 5625 |
utilize with the programs of subsidies established under this | 5626 |
section and establish means of measuring their effectiveness. | 5627 |
(4) The department shall specify the policies, practices, and | 5628 |
programs for which | 5629 |
court probation departments may use the program subsidy and shall | 5630 |
establish minimum standards of quality and efficiency that | 5631 |
recipients of the subsidy must follow. The department shall give | 5632 |
priority to supporting evidence-based policies and practices, as | 5633 |
defined by the department. | 5634 |
Section 2. That existing sections 307.932, 2152.12, | 5635 |
2152.121, 2152.52, 2152.56, 2152.59, 2301.27, 2301.271, 2921.331, | 5636 |
2925.03, 2925.04, 2929.01, 2929.14, 2929.19, 2929.26, 2929.41, | 5637 |
2951.022, 2953.08, 2961.22, 2967.03, 2967.05, 2967.14, 2967.19, | 5638 |
2967.191, 2967.193, 2967.26, 2967.28, 4511.091, 5120.036, 5120.66, | 5639 |
and 5149.311 and section 2950.17 of the Revised Code are hereby | 5640 |
repealed. | 5641 |
Section 3. That Section 5 of Am. Sub. H.B. 86 of the 129th | 5642 |
General Assembly be amended to read as follows: | 5643 |
Sec. 5. (A) The Ohio Interagency Task Force on Mental Health | 5644 |
and Juvenile Justice is hereby established to investigate and make | 5645 |
recommendations on how to most effectively treat delinquent youth | 5646 |
who suffer from serious mental illness or emotional and behavioral | 5647 |
disorders, while giving attention to the needs of Ohio's economy. | 5648 |
The Task Force shall consist of the following members: | 5649 |
(1) The Director of Youth Services; | 5650 |
(2) The Director of Mental Health; | 5651 |
(3) The Director of the Governor's Office of Health | 5652 |
Transformation; | 5653 |
(4) The Superintendent of Public Instruction; | 5654 |
(5) A justice of the Supreme Court or a designee appointed by | 5655 |
the justices of the Supreme Court who has experience in juvenile | 5656 |
law or mental health issues; | 5657 |
(6) A designee appointed by the President of the Ohio | 5658 |
Association of Juvenile Court Judges; | 5659 |
(7) A board-certified child and adolescent psychiatrist | 5660 |
appointed by the Director of the Department of Mental Health; | 5661 |
(8) A licensed child and adolescent psychologist appointed by | 5662 |
the President of the State Board of Psychology; | 5663 |
(9) Up to ten members with expertise in child and adolescent | 5664 |
development, mental health, or juvenile justice appointed by the | 5665 |
Governor, including, but not limited to, members representing the | 5666 |
Ohio chapter of the National Alliance on Mental Illness, the Ohio | 5667 |
Federation for Children's Mental Health, an academic research | 5668 |
institution with expertise in juvenile justice and child and | 5669 |
adolescent development, and a provider of children's | 5670 |
community-based mental health services; | 5671 |
(10) Two members of the General Assembly, one from the | 5672 |
majority party and one from the minority party, jointly appointed | 5673 |
by the Speaker of the House of Representatives and the President | 5674 |
of the Senate; | 5675 |
(11) A member of the public jointly appointed by the Speaker | 5676 |
of the House of Representatives and the President of the Senate; | 5677 |
(12) A representative of the Ohio Prosecuting Attorneys | 5678 |
Association designated by the Association; | 5679 |
(13) The State Public Defender; | 5680 |
(14) A representative of the Ohio Judicial Conference. | 5681 |
(B) Members of the Task Force shall be appointed by September | 5682 |
30, 2011. Vacancies on the Task Force shall be filled in the same | 5683 |
manner as the original appointments. Members shall serve without | 5684 |
compensation. | 5685 |
(C) The Governor shall designate the chairperson of the Task | 5686 |
Force. All meetings of the Task Force shall be held at the call of | 5687 |
the chairperson. | 5688 |
(D) The duties of the Task Force shall include all of the | 5689 |
following: | 5690 |
(1) Reviewing the current staff training and protocols and | 5691 |
procedures for treating mentally ill and seriously mentally ill | 5692 |
youth committed to the Department of Youth Services; | 5693 |
(2) Reviewing the current funding, roles, and | 5694 |
responsibilities of the Department of Youth Services, Department | 5695 |
of Mental Health, Department of Education, and other Departments | 5696 |
providing services to youth, as the funding, roles, and | 5697 |
responsibilities pertain to youth with serious mental illness, or | 5698 |
severe emotional and behavioral disorders; | 5699 |
(3) Conducting a review of literature related to the best | 5700 |
practices in the treatment of youth with mental illness and | 5701 |
seriously mentally ill youth who are adjudicated to be a | 5702 |
delinquent child and committed to the Department of Youth | 5703 |
Services; | 5704 |
(4) Investigating mental health treatment models for youth | 5705 |
involved in the juvenile justice system of other states and | 5706 |
jurisdictions, and other relevant data and information, in order | 5707 |
to identify potential model programs, protocols, and best | 5708 |
practices; | 5709 |
(5) Conducting at least one visit to a Department of Youth | 5710 |
Services mental health unit and completing a comprehensive data | 5711 |
review of the mentally ill and seriously mentally ill youth | 5712 |
currently committed to the Department of Youth Services to develop | 5713 |
a profile of such youth currently committed to the Department of | 5714 |
Youth Services. | 5715 |
(E) The members of the Task Force shall make findings and | 5716 |
recommendations, based on the results of the Task Force's duties, | 5717 |
regarding all of the following: | 5718 |
(1) Best practices in the field of treatment for youth with | 5719 |
mental illness or serious mental illness who are involved in the | 5720 |
juvenile justice system; | 5721 |
(2) Guiding principles for the treatment of youth with mental | 5722 |
illness or serious mental illness who are involved in the juvenile | 5723 |
justice system; | 5724 |
(3) The infrastructure, roles, and responsibilities of and | 5725 |
other departments providing services to youth, in relation to | 5726 |
effectively meeting the multiple needs of youth with mental | 5727 |
illness or serious mental illness who are involved in the juvenile | 5728 |
justice system; | 5729 |
(4) Funding strategies that maximize public, private, state, | 5730 |
and federal resources and that create incentives for high | 5731 |
performance and innovative treatment; | 5732 |
(5) Changes to administrative, court, and legislative rules | 5733 |
that would support the recommendations of the Task Force. | 5734 |
The members of the Task Force may make other recommendations | 5735 |
related to effectively treating delinquent youth who suffer from | 5736 |
mental illness and serious mental health illness, including | 5737 |
mentally ill youth who also have special education needs, as | 5738 |
determined to be relevant by the chairperson of the Task Force. | 5739 |
(F) Not later than | 5740 |
Force shall issue a report of the Task Force's findings and | 5741 |
recommendations to the Governor, the President of the Senate, the | 5742 |
Speaker of the House of Representatives, and the Chief Justice of | 5743 |
the Supreme Court. Upon the issuance of the report by the Task | 5744 |
Force, the Task Force shall cease to exist. | 5745 |
Section 4. That existing Section 5 of Am. Sub. H.B. 86 of | 5746 |
the 129th General Assembly is hereby repealed. | 5747 |
Section 5. Section 2925.03 of the Revised Code is presented | 5748 |
in this act as a composite of the section as amended by both Sub. | 5749 |
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly. The | 5750 |
General Assembly, applying the principle stated in division (B) of | 5751 |
section 1.52 of the Revised Code that amendments are to be | 5752 |
harmonized if reasonably capable of simultaneous operation, finds | 5753 |
that the composite is the resulting version of the section in | 5754 |
effect prior to the effective date of the section as presented in | 5755 |
this act. | 5756 |